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HomeMy WebLinkAbout22- Certificate of City Attorney - Eastlake Professional Center .1-710 , Timothy A. Cooper P.O. Box 1230 Bozeman,MT 59771-1230 2780200 Page: 1 of 10 07/0612022 10:54:16 AM Fee pL$500 Eric Semerad - Gallatin County. MT PTGTF 11111111111111111111111111111111111111111111111111111111 1111111131 I I I I I I I I I I I I I I I I 11111 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 Eastlake Professional Center Subdivision, more particularly described in the attached Guarantee, incorporated herein by reference, is owned by: Eastlake Professional Center LLC This certificate is based upon the attached Guarantee issued by First American. Title Insurance Company, of Gallatin County, Montana as of the 1 oth day of June,2022, at 7:30 o'clock A.M., and is so certified subject to the restrictions contained therein. CITY ATTORNEY J By. Timothy A. Cooper, As istant z y Attorney SUBSCRIBED AND SWORN TO before me this day of June, 2022. HEATHER BIENVENUE �'�• Lac Notary Public 4arAyi-c T�.�pTAFirq�?m=_for the state of MontanaJiffiaMm Residing at: Publ for the State of Montana k� L3Z1. . Bozeman, Montana =,9j ....• P; My Commission Expires: January 26,2026 = 2780200 Page 2 of 10 07/06/2022 1 0:54:16 AM GUARANTEE Issued by First American Title Company 924 Stoneridge Drive Suite #1, Bozeman, MT 59718 Title officer. Cassie Hanson Phone: (406)586-1978 FAX, (406)587-7804 File No.952052-BZ Cover Pa e 2780200 Page 3 of 10 07/06/2022 1 0:54:16 AM A M E p FirstAmerican TR16"' Form 5010500(7-1-14) Guarantee Number: 501055-952052-BZ Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY ek F.rrstArx er can Title' First American Title Insurance Company Denrds J Gdlmore.Ftesldeot -'/� �C414V A— Greg L S"01h.Sevetary This jacket was created electronically and constitutes an original document File No.952052-BZ Page 2 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 4 of 10 07/06/2022 1 0:54:16 AM SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects,liens,encumbrances,adverse claims or other Schedule A of this Guarantee,the Company assumes no matters affecting the title to any property beyond the liability for loss or damage by reason of the following: lines of the land expressly described in the description set (a) Defects, liens,encumbrances,adverse claims or other forth in Schedule(A), (C)or in Part 2 of this Guarantee, matters against the title,whether or not shown by the or title to streets, roads,avenues,lanes,ways or public records. waterways to which such land abuts,or the right to (b) (1) Taxes or assessments of any taxing authority that maintain therein vaults,tunnels, ramps or any structure levies taxes or assessments on real property;or, (2) or improvements;or any rights or easements therein, Proceedings by a public agency which may result in taxes unless such property,rights or easements are expressly or assessments,or notices of such proceedings,whether and specifically set forth in said description. or not the matters excluded under(1)or(2)are shown (b) Defects, liens, encumbrances,adverse claims or other by the records of the taxing authority or by the public matters,whether or not shown by the public records; (1) records. which are created,suffered,assumed or agreed to by (c) (1)Unpatented mining claims; (2) reservations or one or more of the Assureds; (2)which result in no loss exceptions in patents or in Acts authorizing the issuance to the Assured;or(3)which do not result in the invalidity thereof; (3)water rights, claims or title to water,whether or potential invalidity of any judicial or non judicial or not the matters excluded under(1),(2)or(3)are proceeding which is within the scope and purpose of the shown by the public records. assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A of this Guarantee,the Company assumes no Schedule A. liability for loss or damage by reason of the following: (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 3. NO DUTY TO DEFEND OR PROSECUTE. The following terms when used in the Guarantee mean: The Company shall have no duty to defend or prosecute any (a) the"Assured": the party or parties named as the action or proceeding to which the Assured is a party, Assured in this Guarantee,or on a supplemental writing notwithstanding the nature of any allegation in such action or executed by the Company. proceeding. (b) "land": the land described or referred to in Schedule 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE (A)(C)or in Part 2,and improvements affixed thereto ACTIONS; DUTY OF ASSURED CLAIMANT TO which by law constitute real property. The term"land" COOPERATE. does not include any property beyond the lines of the Even though the Company has no duty to defend or prosecute area described or referred to in Schedule(A)(C)or in Part as set forth in Paragraph 3 above: 2, nor any right,title,interest,estate or easement in (a) The Company shall have the right,at its sole option and abutting streets, roads,avenues,alleys,lanes,ways or cost,to institute and prosecute any action or proceeding, waterways. interpose a defense,as limited in(b),or to do any other (c) "mortgage": mortgage,deed of trust,trust deed,or act which in its opinion may be necessary or desirable to other security instrument. establish the title to the estate or interest as stated (d) "public records": records established under state herein,or to establish the lien rights of the Assured,or to statutes at Date of Guarantee for the purpose of prevent or reduce loss or damage to the Assured. The imparting constructive notice of matters relating to real Company may take any appropriate action under the property to purchasers for value and without knowledge, terms of this Guarantee,whether or not it shall be liable (e) "date": the effective date. hereunder, and shall not thereby concede liability or 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED waive any provision of this Guarantee. If the Company CLAIMANT. shall exercise its rights under this paragraph, it shall do An Assured shall notify the Company promptly in writing in so diligently. case knowledge shall come to an Assured hereunder of any (b) If the Company elects to exercise its options as stated in claim of title or interest which is adverse to the title to the Paragraph 4(a)the Company shall have the right to estate or interest,as stated herein,and which might cause select counsel of its choice(subject to the right of such loss or damage for which the Company may be liable by virtue Assured to object for reasonable cause)to represent the of this Guarantee. If prompt notice shall not be given to the Assured and shall not be liable for and will not pay the Company,then all liability of the Company shall terminate fees of any other counsel, nor will the Company pay any with regard to the matter or matters for which prompt notice fees,costs or expenses incurred by an Assured in the is required; provided,however,that failure to notify the defense of those causes of action which allege matters Company shall in no case prejudice the rights of any Assured not covered by this Guarantee. unless the Company shall be prejudiced by the failure and (c) Whenever the Company shall have brought an action or then only to the extent of the prejudice interposed a defense as permitted by the provisions of File No.952052-BZ Page 3 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 5 of 10 07/06/2022 1 0:54:16 AM GUARANTEE CONDITIONS AND STIPULATIONS(Continued) this Guarantee,the Company may pursue any litigation any liability of the Company under this Guarantee to the to final determination by a court of competent jurisdiction Assured for that claim. and expressly reserves the right, in its sole discretion,to 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: appeal from an adverse judgment or order. TERMINATION OF LIABILITY. (d) In all cases where this Guarantee permits the Company In case of a claim under this Guarantee,the Company shall to prosecute or provide for the defense of any action or have the following additional options: proceeding,an Assured shall secure to the Company the (a) To Pay or Tender Payment of the Amount of Liability or right to so prosecute or provide for the defense of any to Purchase the Indebtedness. action or proceeding,and all appeals therein,and permit The Company shall have the option to pay or settle or the Company to use,at its option,the name of such compromise for or in the name of the Assured any claim Assured for this purpose. Whenever requested by the which could result in loss to the Assured within the Company,an Assured,at the Company's expense,shall coverage of this Guarantee,or to pay the full amount of give the Company all reasonable aid in any action or this Guarantee or, if this Guarantee is issued for the proceeding, securing evidence, obtaining witnesses, benefit of a holder of a mortgage or a lienholder,the prosecuting or defending the action or lawful act which in Company shall have the option to purchase the the opinion of the Company may be necessary or indebtedness secured by said mortgage or said lien for desirable to establish the title to the estate or interest as the amount owing thereon,together with any costs, stated herein,or to establish the lien rights of the reasonable attorneys'fees and expenses incurred by the Assured. If the Company is prejudiced by the failure of Assured claimant which were authorized by the Company the Assured to furnish the required cooperation,the up to the time of purchase. Company's obligations to the Assured under the Such purchase, payment or tender of payment of the full Guarantee shall terminate. amount of the Guarantee shall terminate all liability of S. PROOF OF LOSS OR DAMAGE. the Company hereunder. In the event after notice of In addition to and after the notices required under Section 2 claim has been given to the Company by the Assured the of these Conditions and Stipulations have been provided to Company offers to purchase said indebtedness,the the Company, a proof of loss or damage signed and sworn to owner of such indebtedness shall transfer and assign said by the Assured shall be furnished to the Company within indebtedness,together with any collateral security,to the ninety(90)days after the Assured shall ascertain the facts Company upon payment of the purchase price. giving rise to the loss or damage. The proof of loss or Upon the exercise by the Company of the option provided damage shall describe the matters covered by this Guarantee for in Paragraph(a)the Company's obligation to the which constitute the basis of loss or damage and shall state, Assured under this Guarantee for the claimed loss or to the extent possible,the basis of calculating the amount of damage,other than to make the payment required in the loss or damage. If the Company is prejudiced by the that paragraph, shall terminate, including any obligation failure of the Assured to provide the required proof of loss or to continue the defense or prosecution of any litigation damage,the Company's obligation to such Assured under the for which the Company has exercised its options under Guarantee shall terminate. In addition,the Assured may Paragraph 4,and the Guarantee shall be surrendered to reasonably be required to submit to examination under oath the Company for cancellation. by any authorized representative of the Company and shall (b) To Pay or Otherwise Settle With Parties Other Than the produce for examination,inspection and copying,at such Assured or With the Assured Claimant. reasonable times and places as may be designated by any To pay or otherwise settle with other parties for or in the authorized representative of the Company, all records,books, name of an Assured claimant any claim assured against ledgers,checks, correspondence and memoranda,whether under this Guarantee,together with any costs, attorneys' bearing a date before or after Date of Guarantee,which fees and expenses incurred by the Assured claimant reasonably pertain to the loss or damage. Further, if which were authorized by the Company up to the time of requested by any authorized representative of the Company, payment and which the Company is obligated to pay. the Assured shall grant its permission, in writing,for any Upon the exercise by the Company of the option provided authorized representative of the Company to examine, inspect for in Paragraph(b)the Company's obligation to the and copy all records,books, ledgers, checks,correspondence Assured under this Guarantee for the claimed loss or and memoranda in the custody or control of a third party, damage,other than to make the payment required in which reasonably pertain to the loss or damage. All that paragraph,shall terminate,including any obligation information designated as confidential by the Assured to continue the defense or prosection of any litigation for provided to the Company pursuant to this Section shall not be which the Company has exercised its options under disclosed to others unless, in the reasonable judgment of the Paragraph 4. Company,it is necessary in the administration of the claim. 7. DETERMINATION AND EXTENT OF LIABILITY. Failure of the Assured to submit for examination under oath, This Guarantee is a contract of Indemnity against actual produce other reasonably requested information or grant monetary loss or damage sustained or incurred by the permission to secure reasonably necessary information from Assured claimant who has suffered loss or damage by reason third parties as required in the above paragraph,unless of reliance upon the assurances set forth in this Guarantee prohibited by law or governmental regulation,shall terminate and only to the extent herein described,and subject to the File No.952052-BZ Page 4 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 6 of 10 07/06/2022 1 0:54:16 AM GUARANTEE CONDITIONS AND STIPULATIONS(Continued) Exclusions From Coverage of This Guarantee. the Assured shall transfer to the Company all rights and The liability of the Company under this Guarantee to the remedies against any person or property necessary in order to Assured shall not exceed the least of: perfect this right of subrogation. The Assured shall permit the (a) the amount of liability stated in Schedule A or in Part 2; Company to sue,compromise or settle in the name of the (b) the amount of the unpaid principal indebtedness secured Assured and to use the name of the Assured in any by the mortgage of an Assured mortgagee,as limited or transaction or litigation involving these rights or remedies. provided under Section 6 of these Conditions and If a payment on account of a claim does not fully cover the Stipulations or as reduced under Section 9 of these loss of the Assured the Company shall be subrogated to all Conditions and Stipulations,at the time the loss or rights and remedies of the Assured after the Assured shall damage assured against by this Guarantee occurs, have recovered its principal, interest,and costs of collection. together with interest thereon;or 12. ARBITRATION. (c) the difference between the value of the estate or interest Unless prohibited by applicable law,either the Company or covered hereby as stated herein and the value of the the Assured may demand arbitration pursuant to the Title estate or interest subject to any defect, lien or Insurance Arbitration Rules of the American Arbitration encumbrance assured against by this Guarantee. Association. Arbitrable matters may include, but are not S. LIMITATION OF LIABILITY. limited to,any controversy or claim between the Company (a) If the Company establishes the title,or removes the and the Assured arising out of or relating to this Guarantee, alleged defect, lien or encumbrance,or cures any other any service of the Company in connection with its issuance or matter assured against by this Guarantee in a reasonably the breach of a Guarantee provision or other obligation. All diligent manner by any method, including litigation and arbitrable matters when the Amount of Liability is$1,000,000 the completion of any appeals therefrom,it shall have or less shall be arbitrated at the option of either the Company fully performed its obligations with respect to that matter or the Assured. All arbitrable matters when the amount of and shall not be liable for any loss or damage caused liability is in excess of$1,000,000 shall be arbitrated only thereby. when agreed to by both the Company and the Assured. The (b) In the event of any litigation by the Company or with the Rules in effect at Date of Guarantee shall be binding upon the Company's consent,the Company shall have no liability parties. The award may include attorneys'fees only if the for loss or damage until there has been a final laws of the state in which the land is located permits a court determination by a court of competent jurisdiction,and to award attorneys'fees to a prevailing party. Judgment upon disposition of all appeals therefrom, adverse to the title, the award rendered by the Arbitrator(s)may be entered in as stated herein. any court having jurisdiction thereof. (c) The Company shall not be liable for loss or damage to The law of the situs of the land shall apply to an arbitration any Assured for liability voluntarily assumed by the under the Title Insurance Arbitration Rules, Assured in settling any claim or suit without the prior A copy of the Rules may be obtained from the Company upon written consent of the Company. request. 9. REDUCTION OF LIABILITY OR TERMINATION OF 13. LIABILITY LIMITED TO THIS GUARANTEE; LIABILITY. GUARANTEE ENTIRE CONTRACT. All payments under this Guarantee,except payments made (a) This Guarantee together with all endorsements, if any, for costs, attorneys'fees and expenses pursuant to Paragraph attached hereto by the Company is the entire Guarantee 4 shall reduce the amount of liability pro tanto. and contract between the Assured and the Company. In 10. PAYMENT OF LOSS. interpreting any provision of this Guarantee,this (a) No payment shall be made without producing this Guarantee shall be construed as a whole. Guarantee for endorsement of the payment unless the (b) Any claim of loss or damage,whether or not based on Guarantee has been lost or destroyed, in which case negligence,or any action asserting such claim, shall be proof of loss or destruction shall be furnished to the restricted to this Guarantee. satisfaction of the Company. (c) No amendment of or endorsement to this Guarantee can (b) When liability and the extent of loss or damage has been be made except by a writing endorsed hereon or definitely fixed in accordance with these Conditions and attached hereto signed by either the President,a Vice Stipulations,the loss or damage shall be payable within President,the Secretary,an Assistant Secretary,or thirty(30)days thereafter. validating officer or authorized signatory of the Company. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. 14. NOTICES,WHERE SENT. Whenever the Company shall have settled and paid a claim All notices required to be given the Company and any under this Guarantee, all right of subrogation shall vest in the statement in writing required to be furnished the Company Company unaffected by any act of the Assured claimant. shall include the number of this Guarantee and shall be The Company shall be subrogated to and be entitled to all addressed to the Company at First American Title rights and remedies which the Assured would have had Insurance Company,Attn:Claims National Intake against any person or property in respect to the claim had this Center,1 First American Way,Santa Ana,California Guarantee not been issued. If requested by the Company, 92707. Phone: 888-632-1642. File No.952052-3Z Page 5 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 7 of 10 07/06/2022 1 0:54:16 AM Q5, A m F ? C Subdivision Guarantee �a First American Ttle { ISSUED BY r I First American Title Insurance Company i I i j GUARANTEE NUMBER Guarantee 15010500-952052-BZ Subdivision or Proposed Subdivision: Eastlake Professional Center Subdivision Order No.: 952052-BZ Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Eastlake Professional Center LLC FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH GALLATIN COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A tract of land being Lot 1A of Minor Subdivision No. 221E,said tract being located in the Southwest Quarter of Section 26,Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman,Gallatin County, Montana. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Gallatin County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Eastlake Professional Center LLC (B) Parties holding liens or encumbrances on the title to said lands are: First Security Bank, Division of Glacier Bank (C) Easements, claims of easements and restriction agreements of record are: 1. County road rights-of-way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Gallatin to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Gallatin County. 2. Agreements, covenants, conditions, restrictions, easements or encroachments, if any, which appear in the public records or are shown on any recorded subdivision map or survey. 3. 2022 taxes and special assessments are an accruing lien, amounts not yet determined or payable. File No.952052-BZ Page 6 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 8 of 10 07/06/2022 1 0:54:16 AM The first one-half becomes delinquent after November 30th of the current year,the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half/ Status Second Half/ Status Parcel Number Covers 2021 $11,990.32paid $11,990.30 paid RFG51967 Subject Land 4. 2021-2022 City taxes and special assessments. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year First Half/Status Second Half/ Status Parcel Number Covers 2021- $3,164.22 paid $3,099.56 paid 149090 Subject Land 2022 5. Trust Indenture, to secure an original indebtedness of$1,750,000.00, dated October 4, 2021 and any other amounts and/or obligations secured thereby Recorded: October 6, 2021, Instrument No. 2753873 Grantor: Eastlake Professional Center LLC Trustee: Security Title Company Beneficiary: First Security Bank, Division of Glacier Bank 6. Notice of a Right to Claim a Lien Claimant: Electrical Wholesale Supply Co., Inc. For: Construction materials Recorded: December 20, 2021, in Instrument No. 2762144 7. Notice of a Right to Claim a Lien Claimant: Anderson Precast&Supply, Inc. For: Construction materials and services Recorded: January 10, 2022, in Instrument No. 2764047 Date of Guarantee: June 10, 2022 at 7:30 A.M. First American Title Company By: Aut orized Countersignature File No.952052-137 Page 7 of 10 Guarantee Face Page-Exclusions,Conditions and Stipulations Form 5010500 7-1-14 2780200 Page 9 of 10 07/06/2022 1 0:54:16 AM F1rstAmericarl Title"" Privacy Notice Effective: October 1,2019 Notice Last Updated: January 1,2021 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates(together referred to as"First American,""we,""us,"or"our' collect, use,store,and share your information.This Privacy Notice applies to information we receive from you offline only,as well as from third parties,when you interact with us and/or use and access our services and products("Products'. For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy,The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type of Information Do We Collect About You?We collect a variety of categories of information about you.To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy- oli How Do We Collect Your Information?We collect your information: (1)directly from you; (2)automatically when you interact with us; and(3)from third parties, including business parties and affiliates. How Do We Use Your Information?We may use your information in a variety of ways, including but not limited to providing the services you have requested,fulfilling your transactions,comply with relevant laws and our policies, and handling a claim.To learn more about how we may use your information, please visit https://www.firstam.com/privacy-policy/. How Do we Share Your Information?We do not sell your personal information.We only share your information, including to subsidiaries,affiliates,and to unaffiliated third parties: (1)with your consent; (2)in a business transfer; (3)to service providers; and(4)for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect your Information?The security of your information is important to us.That is why we take commercially reasonable steps to make sure your information is protected.We use our best efforts to maintain commercially reasonable technical,organizational,and physical safeguards,consistent with applicable law, to protect your information. How Long Do We Keep Your Information?We keep your information for as long as necessary in accordance with the purpose for which it was collected,our business needs,and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information.You can learn more about your choices by visiting https://www.firstam.com/privacy-policy/. International Jurisdictions: Our Products are offered in the United States of America(US),and are subject to US federal,state,and local law. If you are accessing the Products from another country,please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal,state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page,and where appropriate provided in person or by another electronic method.YOUR CONTINUED USE, ACCESS,OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact us dataprivacy@firstam.com or toll free at 1-866-718-0097. ©2020 First American Financial Corporation and/or its affiliates.All ri hts reserved.NYSE:FAF Form 10-PRIVACY20(12-18-20) Page 1 of 2 Privacy Notice(2020 First American Financial Corporation) English 2780200 Page 10 of 10 07/06/2022 10.54.16 AM FrrstAmerican Title— For California Residents If you are a California resident,you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018("CCPA').All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know.You have a right to request that we disclose the following information to you: (1)the categories of personal information we have collected about or from you; (2)the categories of sources from which the personal information was collected; (3)the business or commercial purpose for such collection and/or disclosure (4)the categories of third parties with whom we have shared your personal information;and(5)the specific pieces of your personal information we have collected.To submit a verified request for this information,go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online policy at www.firstam.com/privacy-policy to submit your request or by calling toll-free at 1-866-718-0097. Right of Deletion.You also have a right to request that we delete the personal information we have collected from and about you.This right is subject to certain exceptions available under the CCPA and other applicable law.To submit a verified request for deletion,go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097.You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll-free at 1-866-718-0097. Verification Process.For either a request to know or delete,we will verify your identity before responding to your request.To verify your identity,we will generally match the identifying information provided in your request with the Information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional Information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale.We do not sell California resident information, nor have we sold California resident information in the past 12 months.We have no actual knowledge of selling the information of minors under the age of 16. Right of Non-Discrimination.You have a right to exercise your rights under California law, including under the CCPA,without suffering discrimination.Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection.To learn more about the categories of personal information we have collected about California Residents over the last 12 months, please see"What Information Do We Collect About You"in www.firstam.com/privacy-policy.To learn about the sources from which we collected that information,the business and commercial purpose for is collection,and the categories of third parties with whom we have shared that information,please see"How Do We Collect Your Information","How Do We Use Your Information",and"How Do We Share Your Information"in www.firstam.com/privacy-policy. Notice of Sale.We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure.To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see"How Do We Use Your Information",and"How Do We Share Your Information"in www.firstam.com/privacy-policy. ©2020 First American Financial Corporation and/or its affiliates.All rights reserved.NYSE:FAF Form 10-PRIVACY20(12-18-20) Page 2 of 2 Privacy Notice(2020 First American Financial Corporation) English