HomeMy WebLinkAbout4.0_MT Title Co_Subdivision Guarantee M T E
MONTANA TITLE & ESCROW
A MOTHER LODE COMPANY
C&H ENGINEERING AND SURVEYING INC.
1091 STONERIDGE DRIVE
BOZEMAN, MT 59718
ATTN:Tim Staub
Date: August 3, 2021
To our valued customer,
Re: THE PARKLANDS AT VILLAGE DOWNTOWN SUBDIVISION
Enclosed please find your Subdivision Guarantee for the property located in Gallatin County, Montana:
LOT 4A, MINOR SUBDIVISION 344C AND COMMON AREA#2, MINOR SUBDIVISION NO.344
and owned by:
THE VILLAGE INVESTMENT GROUP, INC.,AS TO AN UNDIVIDED 50% INTEREST AND JOHN
W. MURDOCH,TRUSTEE OF THE JOHN W. MURDOCH REVOCABLE TRUST DATED APRIL 13,
2011,AS TO AN UNDIVIDED 50% INTEREST
Please review this Guarantee in its entirety. In the event that you find any discrepancy, or if you have
any questions regarding the Guarantee, you may contact Rick Schultz at:
Email: rschultz@montanatitle.com
Telephone: (406) 587-7702
Fax: (406) 587-2891
' Please refer to our Order No. M-21430.
We believe in delivering quality products that meet your needs, and our goal is to provide the most
efficient and reliable service in the industry. Thank you for giving us the opportunity to serve you!
Sincerely,
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue Suite 102
Bozeman, MT 59718
Guarantee
* *
* SG-08015222
* * * * File Number: M-21430
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,AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT 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.
Old Republic National Title Insurance Company,a Florida corporation,herein called the Company,
GUARANTEES
the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount of stated in Schedule A which the
Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
IN WITNESS WHEREOF,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers,the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company.
Policy Issuer:
MONTANA TITLE AND ESCROW, INC.
1925 N. 22ND AVENUE, SUITE 102
BOZEMAN, MT 59718
PHONE: (406) 587-7702
Issued try
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South,Minneapolis,Minnesota 55401
(6121371-1111
By President
Author%ed Si;nzitar
Y
ORT Form 3796
K';LTA Guarr,nuor:?<ev.12/94; Attest W. Secretary,
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 consti-
tute 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,
Z. Exclusions from Coverage of this Guarantee.
The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
(b)(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 by(1),(2)or(3)are shown by the public records.
(c) Assurances to 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,alleys, lanes,ways or waterways in which such land 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.
(d)(1) Defects,liens,encumbrances,or adverse claims against the title,if assurances are provided as to such title,and as limited by
such assurances.
(2) Defects,liens,encumbrances,adverse claims or other matters(a)whether or not shown by the public records, and which are
created,suffered,assumed or agreed to by one or more of the Assureds;(b)which result in no loss to the Assured;or(c)which
do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and pur-
pose of assurances provided.
3 Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case any 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 such 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 such failure
and then only to the extent of the prejudice.
4. 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.
5. 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 4 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 here-
under,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 5(a)the Company shall have the rights 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,the
Assured hereunder shall secure to the Company the right to prosecute or provide 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 obliga-
tions to the Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 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 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 dam-
age. 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 represen-
tative 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 neces-
sary 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.
7. 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 the
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 5,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 obligations 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 5.
8. 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 stated in Paragraph 2.
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;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee,as limited or provided under
Section 7 of these Conditions and Stipulations or as reduced under Section 10 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 the defect,lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability.
(a) If the Company establishes the title,or removes the alleged defect, lien or encumbrance,or cures the 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 dam-
age 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.
10. Reduction of Liability or Termination of Liability.
All payments under this Guarantee,except payments made for costs,attorneys'fees and expenses pursuant to Paragraph 5 shall reduce
the amount of liability pro tanto.
11. 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 30 days thereafter.
13. 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 unaf-
fected 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 prop-
erty in respect to the claim had this Guarantee not been issued.If requested by the Company,the insured claimant 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 per-
mit the Company to sue,compromise or settle in the name of the Assured and to use the name of the Asured 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.
13. 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 arbi-
trated 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 jurisdic-
tion 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.
114. 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.
1B, 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:Old Republic National Title Insurance Company,400 Second Avenue South, Minneapolis,
Minnesota 55401,(612)371-1111.
SUBDIVISION GUARANTEE
SCHEDULE A
Order No.: M-21430
Guarantee No.: SG-08015222
Date of Guarantee: July 27, 2021 at 7:30AM
Amount of Liability: $200.00
Premium: $200.00
1. Name of Assured:
The County of Gallatin and any City within which said subdivision is located.
2. Subdivision Map Reference:
The Parklands at Village Downtown Subdivision, City of Bozeman, Gallatin County, Montana.
3. The map referred to above recites that it is a subdivision of the following described Land:
See Exhibit"A" Attached for Legal Description
4. ASSURANCES:
According to the Public Records the only parties having any record title interest in the Land included
within the exterior boundary shown on the map of the above referenced subdivision whose signatures
are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to
the recordation of said map and offering for dedication any streets, roads, avenues and other
easements offered for dedication by said map are:
THE VILLAGE INVESTMENT GROUP, INC.,A MONTANA CORPORATION,AS TO AN UNDIVIDED 50%
INTEREST AND JOHN W. MURDOCH,TRUSTEE OF THE JOHN W. MURDOCH REVOCABLE TRUST DATED
APRIL 13, 2011,AS TO AN UNDIVIDED 50% INTEREST
Subidivision Guarantee Sdiedules
Order No.: M-21430
Guarantee No.: SG-08015222
Subdivision Guarantee
Exhibit "A" Legal Description
LOT 4A, MINOR SUBDIVISION 344C AND COMMON AREA#2, MINOR SUBDIVISION NO. 344, ACCORDING TO THE
PLATS THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA, AND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 2 SOUTH, RANGE 5 EAST OF
P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE ABOVE DESCRIBED TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS THE PARKLANDS AT VILLAGE
DOWNTOWN SUBDIVISION, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
Subidivision Guarantee Schedules
EXHIBIT "B" - EXCEPTIONS
1. GENERAL TAXES FORTH E YEAR 2021, ALIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE.
TAX NOTE:
TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE YEAR 2020. PARCEL NO.
RGH50066.
1ST INSTALLMENT: $ 2,333.16 PAID
2ND INSTALLMENT: $ 2,333.16 PAID
TAX NOTE:
CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2020-2021.
ACCOUNT NO. 148210.:
1ST INSTALLMENT: $438.45 PAID
2ND INSTALLMENT: $438.45 PAID
TAX ID MNRSB3440P IS TAX EXEMPT.
2. ALL RIGHTS,TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL OR OTHER HYDROCARBONS AND
THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED
TO EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR
EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES.
(THIS COMMITMENT/POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING TO THE
ABOVE REFERENCED RIGHTS.)
3. ALL MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF MINOR SUBDIVISION NOS. 344, 344A, 344E AND
344C, ON FILE AND OF RECORD WITH THE GALLATIN COUNTY CLERK, OFFICIAL RECORDS OF GALLATIN COUNTY,
STATE OF MONTANA.
41. AN EASEMENT UPON THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN FOR THE PURPOSE
SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT RECORDED NOVEMBER 28,
1962, AS (BOOK) 20 (PAGE)425, OFFICIAL RECORDS:
PURPOSE: SANITARY SEWER LINE
5. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, PROVIDED IN THE
COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE VILLAGE BOULEVARD SUBDIVISION DOWNTOWN
SUBDIVISION, BUT OMITTING ANY COVENANT, CONDITION OR RESTRICTION, IF ANY, BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT
THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR
(B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, IN DOCUMENT
RECORDED JUNE 17, 2004, AS DOCUMENT NO. 2153802, OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED IN PART BY INSTRUMENT RECORDED
NOVEMBER 24, 2004,AS DOCUMENT NO.AS DOCUMENT NO. 2171082, OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED IN PART BY INSTRUMENT RECORDED
APRIL 25, 2005,AS DOCUMENT NO.AS DOCUMENT NO. 2185463, OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED IN PART BY INSTRUMENT RECORDED
APRIL 28, 2011, AS DOCUMENT N0, 2387415, OFFICIAL RECORDS.
6. TERMS AND CONDITIONS OF CONDITIONS OF APPROVAL OF A CONDITIONAL USE PERMIT, RECORDED MARCH
09, 2005,AS DOCUMENT NO.AS DOCUMENT NO. 2180691, OFFICIAL RECORDS.
T TERMS AND CONDITIONS OF WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS,
RECORDED SEPTEMBER 10, 2004, AS DOCUMENT NO. AS DOCUMENT NO. 2162822, OFFICIAL RECORDS.
8. TERMS AND CONDITIONS OF WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT,
RECORDED SEPTEMBER 10, 2004, AS DOCUMENT NO. AS DOCUMENT NO. 2162823, OFFICIAL RECORDS.
9. TERMS AND CONDITIONS OF STORM WATER EASEMENT, RECORDED APRIL 22, 2005, AS DOCUMENT NO.
2185262, OFFICIAL RECORDS.
10. AN EASEMENT OVER SAID LAND FOR LINEAR PARK, PUBLIC ACCESS AND UTILITIES AND INCIDENTAL PURPOSES,
AS GRANTED TO THE CITY OF BOZEMAN, RECORDED APRIL 22, 2005, AS DOCUMENT NO. 2185263, OFFICIAL
RECORDS.
11. RIGHTS OF CO-TENANTS TO POSSESSION, CONTRIBUTION, AND PARTITION,
12. ALL MATTERS AS DELINEATED ON THE PROPOSED PLAT OF THE PARKLANDS AT VILLAGE DOWNTOWN
SUBDIVISION, NOT YET ON FILE AND OF RECORD WITH THE Gallatin COUNTY CLERK, OFFICIAL RECORDS OF
Gallatin COUNTY, STATE OF Montana.
13. TERMS, CONDITIONS AND PROVISIONS IN SEWER AND WATER PIPELINE AND ACCESS EASEMENT AND
AGREEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED SEPTEMBER 13, 2019, AS (INSTRUMENT)
2657884, OFFICIAL RECORDS,
14. TERMS, CONDITIONS AND PROVISIONS IN LETTER BY THE MONTANA DEPARTMENT OF ENVIRONMENTAL
QUALITY REGARDING MINOR SUBDIVISION NO. 344C MUNICIPAL FACILITIES EXCLUSION, RECORDED APRIL 17,
2019, AS (INSTRUMENT) 2642452, OFFICIAL RECORDS.
15. TRUST INDENTURE TO SECURE AN INDEBTEDNESS OF $375,000.00, DATED AUGUST 28, 2017, RECORDED
AUGUST 29, 2017, AS (INSTRUMENT) 2590919, OFFICIAL RECORDS.
TRUSTOR: JOHN W. MURDOCH, TRUSTEE OF THE JOHN W. MURDOCH REVOCABLE TRUST DATED APRIL 13,
2011
TRUSTEE: MONTANA TITLE AND ESCROW, INC.
BENEFICIARY: MICHAEL W. DELANEY AND ILEANA INDRELAND
*********************** END OF SCHEDULE B ***********************
MLHC
MOTHER LODE HOLDING COMPANY
Placer Title Co., Montana Title and Escrow, National Closing Solutions,
National Closing Solutions of Alabama, National Closing Solutions of Maryland,
North Idaho Title Insurance, Placer Title Insurance Agency of Utah,
Premier Reverse Closings, Premier Title Agency, Texas National Title,
Washington Title and Escrow, Western Auxiliary Corp., Wyoming Title and Escrow
NOTICE AT COLLECTION AND PRIVACY POLICY
updated July 1, 2020
We respect your personal information and are committed to protecting it. We are disclosing how Mother Lode Holding
Company and its subsidiaries listed above (together referred to as "we," "us," or"our") collect, use, and share your
personal information. Sections 1 and 2 constitute our Notice at Collection, Sections 1 —9 are our Privacy Policy, and
Sections 10— 11 are additional sections of our Privacy Policy that apply only to California residents.
1. Personal Information We Collect
We may collect and over the last 12 months have collected personal information in the following categories: (A) Identity
information such as name, postal address, email address, date of birth, social security number, driver's license, passport,
signature, physical characteristics or description, telephone number, or other similar information; (B) Financial information
(such as bank account information) and insurance information; (C) Records of services or products requested or
purchased; (D) Biometric information (thumbprints obtained by notaries); (E) Internet or other electronic network activity
information, such as online identifiers, Internet Protocol address, and information relating to interaction with our Internet
websites and mobile applications; (F)Audio (voice messages), electronic, or similar information; (G) Professional or
employment-related information; (H) Education information; (1) Characteristics of protected classifications such as marital
status; (J) Geolocation information (with consent when using our mobile applications); and (K) information relating to
pandemics, including medical, health, and travel information.
2. Purposes
We collect the above information, and have collected it in the last 12 months, for the following purposes: Our operational
purposes, including providing escrow and title services, fulfilling a transaction, verifying customer information, and
providing and improving customer service (categories A-J); Detecting, protecting against, and reporting malicious,
deceptive, fraudulent, or illegal activity (A-1); Providing and improving Websites, and debugging to find and repair errors
(A, C E, F, J); Auditing and complying with legal and other similar requirements (A-I); and to reduce the risk of spreading
infectious diseases and to protect our employees and guests (K).
3. Sources, Sharing
The sources from which the information is and was collected include: the consumer or their authorized representative (A-
J); government entities, service providers, financial institutions, our affiliates, real estate settlement service providers, real
estate brokers and agents (A-D, F-I); and our internet websites and mobile applications (A-C, E-J). The categories of third
parties with whom we share and have shared personal information include: a consumer's authorized representative (A-I);
government entities, service providers and consultants, financial institutions, our affiliates, real estate settlement service
providers, real estate brokers and agents, abstractors (A-I); notaries public(K); and data analytics and internet service
providers (E, F, J). We may also disclose your information as part of a business transaction, such as a merger, sale,
reorganization or acquisition (A-J).
4. Cookies and similar technologies
We use "cookies" and similar technologies when you access our websites or mobile applications. A"cookie" is a piece of
information that our website sends to your browser, which then stores this information on your system. If a cookie is used,
our website will be able to "remember" information about you and your preferences either until you exit your current
browser window (if the cookie is temporary) or until you disable or delete the cookie. Many users prefer to use cookies in
order to help them navigate a website as seamlessly as possible.
We use "cookies" in the following situations. The first situation is with respect to temporary cookies. If you are accessing
our services through one of our online applications our server may automatically send your browser a temporary cookie,
which is used to help your browser navigate our site. The only information contained in these temporary cookies is a
direction value that lets our software determine which page to show when you hit the back button in your browser. This bit
of information is erased when you close your current browser window. The second situation in which we may use cookies
is with respect to permanent cookies. This type of cookie remains on your system, although you can always delete or
disable it through your browser preferences. There are two instances in which we use a permanent cookie. First, when
you visit our website and request documentation or a response from us. When you are filling out a form, you may be given
the option of having our website deliver a cookie to your local hard drive. You might choose to receive this type of cookie
in order to save time in filling out forms and/or revisiting our website. We only send this type of cookie to your browser
when you have clicked on the box labeled "Please remember my profile information"when submitting information or
communicating with us. The second instance where we use a permanent cookie is where we track traffic patterns on our
site. Analysis of the collected information by our tracking technologies allows us to improve our website and the user
experience. In both instances of a persistent cookie, if you choose not to accept the cookie, you will still be able to use our
website. Even if you choose to receive this type of cookie, you can set your browser to notify you when you receive any
cookie, giving you the chance to decide whether to accept or reject it each time one is sent.
5. Links to Other Websites and Do Not Track
Our website may contain links to third party websites, which are provided and maintained by the third party. Third party
websites are not subject to this notice or privacy policy. Currently, we do not recognize "do not track" requests from
Internet browsers or similar devices.
6. Sale
We do not sell personal information about consumers and have not sold information about consumers in the last 12
months.
7:. Minors
We do not collect information from minors under the age of 18.
8. Safeguards
We restrict access to the information we collect to individuals and entities who need to know the information to provide
services as set forth above. We also maintain physical, electronic and procedural safeguards to protect information,
including data encryption.
9. Access and Changes
This notice and policy can be accessed https://www.mlhc.com/privacy-policy. Disabled consumers may access this notice
in an alternative format by contacting MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130, Roseville, CA 95661, or
calling our toll free number at 1-877-626-0668, or emailing privacy(i�mlhc.com. This notice and policy will change from
time to time. All changes will be provided at https://www.mlhc.com/privacy-policy and furnished through an appropriate
method such as electronically, by mail, or in person. The effective date will be stated on the notice and policy.
Questions about this notice and privacy policy may be sent to MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130,
Roseville, CA 95661 or privacy@mlhc.com.
CALIFORNIA SUPPLEMENT -THE REMAINDER OF THIS POLICY APPLIES ONLY TO CALIFORNIA RESIDENTS
10. Requests Under the California Consumer Privacy Act ("CCPA")
California residents have the right to make a "request to know" (1)the specific pieces of personal information we have
collected about them; (2) categories of personal information we have collected; (3) categories of sources from which the
personal information was collected; (4) categories of personal information we disclosed for a business purpose; (5)
purpose for collecting the information; and (6) categories of third parties with whom we shared personal information.
California residents have the right to request that we deliver to them their personal information free of charge. California
residents have the right to make a "request to delete" from our records of their personal information that we have
collected, subject to legal limitations. We do not discriminate against consumers for exercising rights under the CCPA or
other laws.
11. How to Make a Request under the California Consumer Privacy Act
To make a CCPA "request to know," a "request to delete," or any other request under the CCPA, a California consumer
may (1)submit a request to privacy@mlhc.com; (2) call us toll-free at 1-877-626-0668; or (3) send a written request to
MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130, Roseville, CA 95661. Please note that you must verify your identity
before we take further action. To verify your identity, we will try to use information you have already provided. We may
also need additional information. Consistent with California law, you may designate an authorized agent to make a
request on your behalf. To do this, you must provide a valid power of attorney, the requester's valid government issued
identification, and the authorized agent's valid government issued identification. California residents may"opt out" of the
sale of their personal information. However, we do not sell your personal information and therefore we do not offer an
"opt out."
Upon receipt of a verified consumer request, we will respond by giving you the information requested for the 12-month
period before our receipt of your verified consumer request at no cost to you, or deleting the information and notifying any
service providers to delete it, subject to legal limitations. If we have a valid reason to retain personal information or are
otherwise unable to comply with a request, we will tell you. For example, the law may not require us or allow us to delete
certain information collected. In addition, personal information we collect pursuant to the federal Gramm-Leach-Bliley Act
is exempt from most of the provisions of the CCPA.
Questions about this notice and privacy policy may be sent to MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130,
Roseville, CA 95661 or privacy@mlhc.com.
GRAMM-LEACH-BLILEY ACT PRIVACY POLICY NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) requires financial companies to provide you with a notice of their privacy
policies and practices, such as the types of nonpublic personal information that they collect about you and the categories
of persons or entities to whom it may be disclosed. In compliance with the Gramm-Leach-Bliley-Act, we are notifying you
of the privacy policies and practices of:
Mother Lode Holding Co. Placer Title Co.
Montana Title and Escrow Co. Placer Title Insurance Agency of Utah
National Closing Solutions, Inc. Premier Title Agency
National Closing Solutions of Alabama North Idaho Title Insurance Co.
National Closing Solutions of Maryland Texas National Title
Premier Reverse Closings Western Auxiliary Corp.
Wyoming Title and Escrow Co.
The types of personal information we collect and share depend on the transaction involved. This information may include:
• Identity information such as Social Security number and driver's license information.
• Financial information such as mortgage loan account balances, checking account information and wire transfer
instructions
• Information from others involved in your transaction such as documents received from your lender
We collect this information from you, such as on an application or other forms, from our files, and from our affiliates or
others involved in your transaction, such as the real estate agent or lender.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to non-affiliates as permitted by law for our everyday business purposes, such as to process your transactions and
respond to legal and regulatory matters. We do not sell your personal information or share it for marketing purposes.
We do not share any nonpublic personal information about you with anyone for any purpose that is not
specifically permitted by law.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
Questions about this notice and privacy policy may be sent to MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130,
Roseville, CA 95661 or privacy@mlhc.com.
OLD REPUBLIC NATIONAL.TITLE.INSURANCE COMPANY
FACTS WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal
law gives consumers the right to limit some but not all sharing. Federal law also
Why? requires us to tell you how we collect, share, and protect your personal information.
Please read this notice carefully to understand what we do.
The types of personal information we collect and share depend on the product or
service you have with us. This information can include:
• Social Security number and employment information
What? • Mortgage rates and payments and account balances
Checking account information and wire transfer instructions
When you are no longer our customer, we continue to share your information as
described in this notice.
All financial companies need to share customers' personal information to run their
How? everyday business. In the section below, we list the reasons financial companies
can share their customers' personal information; the reasons Old Republic Title
chooses to share; and whether you can limit this sharing.
Reasons we can share your personal Does Old Can you limit this
information Republic Title sharing?
share?
For our everyday business purposes — such as to
process your transactions, maintain your account(s), Yes No
or respond to court orders and legal investigations,
or report to credit bureaus
For our marketing purposes — to offer our products No We don't share
and services to you
For joint marketing with other financial
companies No We don't share
For our affiliates' everyday business purposes — Yes No
information about your transactions and experiences
For our affiliates' everyday business purposes — No We don't share
information about your creditworthiness
For our affiliates to market to you No We don't share
For non-affiliates to market to you No We don't share
Questions Go to www.oldrepublictitle.com (Contact Us)
Who we are
Who is providing this Companies with an Old Republic Title name and other
notice? affiliates. Please see below for a list of affiliates.
What we do
How does Old Republic Title To protect your personal information from unauthorized
protect my personal access and use, we use security measures that comply with
information? federal law. These measures include computer safeguards
and secured files and buildings. For more information, visit
http://www.OldRepublicTitle.com/privacy-poligy
How does Old Republic Title We collect your personal information, for example, when
collect my personal you:
information?
• Give us your contact information or show your
driver's license
• Show your government-issued ID or provide your
mortgage information
• Make a wire transfer
We also collect your personal information from others, such
as credit bureaus, affiliates, or other companies.
Why can't I limit all sharing? Federal law gives you the right to limit only:
• Sharing for affiliates' everyday business purposes —
information about your creditworthiness
• Affiliates from using your information to market to you
Sharing for non-affiliates to market to you.
State laws and individual companies may give you
additional rights to limit sharing. See the State Privacy
Rights section location at
https://www.oIdrepubiictitle.com/privacypoIicy for your rights
under state law.
Definitions
Affiliates Companies related by common ownership or control. They
can be financial and nonfinancial companies
• Our affiliates include companies with an Old Republic
Title name, and financial companies such as
Attorneys' Title Fund Services, LLC, Lex Terrae
National Title Services, Inc., Mississippi Valley Title
Services Company, and The Title Company of North
Carolina.
Non-affiliates Companies not related by common ownership or control.
They can be financial and non-financial companies.
• Old Republic Title does not share with non-affiliates
so they can market to you
.point Marketing A formal agreement between non-affiliated financial
companies that together market financial products or
services to you.
• Old Republic Title doesn't jointly market.
Affiliates Who ay be Delivering This Notice
American First American Attorneys' Title Compass eRecording
Title & Trust Guaranty Title Fund Services, Abstract, Inc. Partners Network,
Company Insurance LLC LLC
Company
Genesis Abstract, Guardian iMarc, Inc. Kansas City L.T. Service Corp.
LLC Consumer Management
Services, Inc. Group, LLC
Lenders Lex Terrae Lex Terrae, Ltd Mississippi Valley National Title
Inspection National Title Title Services Agent's Services
Company Services, Inc. Company Company
Old Republic Old Republic Old Republic Old Republic Old Republic
Branch Diversified Escrow of Exchange National Ancillary
Information Services, Inc. Vancouver, Inc. Company Services, Inc.
Services, Inc.
Old Republic Old Republic Title Old Republic Old Republic Title Old Republic Title
National and Escrow of National Title Company Companies, Inc.
Commercial Title Hawaii, Ltd. Insurance
Services, Inc. Com an
Old Republic Title Old Republic Title Old Republic Title Old Republic Title Old Republic Title
Company of Company of Company of Company of Company of
Conroe Indiana Nevada Oklahoma Oregon
Old Republic Title Old Republic Title Old Republic Title Old Republic Title Old Republic
Company of St. Company of Information Insurance Title, Ltd.
Louis Tennessee Concepts Agency, Inc
RamQuest Republic Abstract Sentry Abstract Surety Title The Title
Software, Inc. & Settlement, Company Agency, Inc. Company of
LLC North Carolina
Trident Land
Transfer
Company, LLC