HomeMy WebLinkAbout013 Platting CertificateSUBJECT 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.
Issued by:
_____________________________________________________
Authorized Signatory
ORT Form 3796
(CLTA Guarantee (Rev.12/94)
Guarantee
SG SG-08016688
File Number: M-36498
Policy Issuer:
MONTANA TITLE AND ESCROW, INC.
1925 N. 22ND AVENUE, SUITE 102
BOZEMAN, MT 59718
PHONE: (406) 587-7702
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.
2.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.
14.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.
15.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 Schedules
SUBDIVISION GUARANTEE
SCHEDULE A
Order No.:M-36498
Guarantee No.:SG-08016688
Date of Guarantee:January 11, 2023 at 7:30AM
Amount of Liability:$200.00
Premium:$160.00
1.Name of Assured:
The County of Gallatin and any City within which said subdivision is located.
2.Subdivision Map Reference:
NEXUS POINT SUBDIVISION
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:
Nexus Point, LLC, a Delaware limited liability company
Issued By:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Bozeman, MT 59718
Agent ID: A25118
__________________________________
Authorized Countersignature
Order No.: M-36498
Guarantee No.: SG-08016688
Subdivision Guarantee Schedules
Subdivision Guarantee
Exhibit "A" Legal Description
LOT 1 OF MINOR SUBDIVISION NO. 235B, SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23,
TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
THE ABOVE TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS NEXUS POINT SUBDIVISION, GALLATIN
COUNTY, MONTANA.
EXHIBIT "B" – EXCEPTIONS
1. GENERAL TAXES FOR THE YEAR 2023, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE.
TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2022.
PARCEL NO.: RGG7050
1ST INSTALLMENT: $ 52.10 PAID.
2ND INSTALLMENT: $ 52.10 PAID.
2. CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2022-2023.
ACCOUNT NO. 211250.
1ST INSTALLMENT: $ 5,389.06 PAID.
2ND INSTALLMENT: $ 5,389.06 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE
MAY 31, 2023.
3. 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.
4. 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.)
5. ANY PORTION OF THE PROPERTY LYING WITHIN THE BOUNDARIES OF ARNOLD STREET AND SOUTH 21ST
AVENUE.
6. EASEMENTS FOR UTILITIES, DITCHES, STREAMS, CANALS, ROADS OR HIGHWAYS AS THEY MAY BE LOCATED
OVER, ALONG, AND ACROSS THE SUBJECT PROPERTY, AS DISCLOSED IN DEED RECORDED JULY 31, 1998 IN FILM
187, PAGE 3438, OFFICIAL RECORDS.
7. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY RECORDED APRIL 13, 1946 IN
BOOK/VOL. 93, PAGE 244, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN
CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
8. EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED AUGUST 11, 1939, AS FILM/BOOK
82 OF DEEDS, PAGE 595, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION
RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS.
9. RIGHT OF WAY EASEMENTS FOR ELECTRIC POWER LINE AND COMMUNICATION SYSTEM AND INCIDENTAL
PURPOSES, AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED NOVEMBER 18, 1964, AS
FILM/BOOK 146 OF DEEDS, PAGES 603, 604 AND 613, AND DEED CONVEYING ALL EXISTING EASEMENTS TO
NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL
RECORDS.
10. ANNEXATION AGREEMENT SETTING FORTH TERMS RECORDED MAY 2, 2006 AS DOCUMENT NO. 2226694,
OFFICIAL RECORDS.
11. TERMS, CONDITIONS AND PROVISIONS OF COMMISSION RESOLUTION NO. 3905 RECORDED MAY 3, 2006 AS
DOCUMENT NO. 2226837, OFFICIAL RECORDS.
12. NOTATIONS, EASEMENTS AND ALL OTHER MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF CERTIFICATE
OF SURVEY NOS. 1969 AND 2029, MINOR SUBDIVISION NO. 235, AND AMENDED PLAT MINOR SUBDIVISION
NO. 235B, ON FILE AND OF RECORD WITH THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA.
13. THE EFFECT OF, IF ANY, OF MEADOW CREEK PAYBACK AGREEMENTS RECORDED MARCH 6, 2008 AS
DOCUMENT NOS. 2293491, 2293492, AND 2293493, AND AMENDMENTS RECORDED AS DOCUMENT NOS.
2374741, 2374742, AND 2374743, OFFICIAL RECORDS.
14. PUBLIC STREET AND UTILITY EASEMENT AS GRANTED TO THE CITY OF BOZEMAN RECORDED MARCH 6, 2007 AS
DOCUMENT NO. 2258762, OFFICIAL RECORDS.
15. COMMISSION RESOLUTION NO. 4017 OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RECORDED
JANUARY 27, 2011 AS DOCUMENT NO. 2380903, OFFICIAL RECORDS.
16. TERMS, CONDITIONS AND PROVISIONS OF GENESIS BUSINESS PARK TWO ANNEXATION AGREEMENT
RECORDED JANUARY 27, 2011 AS DOCUMENT NO. 2380904, OFFICIAL RECORDS.
17. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION UNNAMED TRIBUTARY OF EAST CATRON
RECORDED MARY 21, 2013 AS DOCUMENT NO. 2449987, OFFICIAL RECORDS.
18. DEED RESTRICTION UNNAMED TRIBUTARY OF EAST CATRON, RECORDED NOVEMBER 18, 2019, AS DOCUMENT
NO. 2664823, OFFICIAL RECORDS.
19. WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR NEXUS POINT,
RECORDED MAY 19, 2020 AS DOCUMENT NO. 2682118, OFFICIAL RECORDS.
20. PUBLIC PARK EASEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED OCTOBER 29, 2020 AS
DOCUMENT NO. 2706610, OFFICIAL RECORDS.
21. PUBLIC STREET AND UTILITY EASEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED OCTOBER 29,
2020 AS DOCUMENT NO. 2706611, OFFICIAL RECORDS.
22. NOTATIONS, EASEMENTS, AND ALL OTHER MATTERS AS SHOWN ON THE PROPOSED PLAT OF NEXUS POINT
SUBDIVISION.
23. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $19,920,000.00, DATED NOVEMBER 18,
2020, RECORDED DECEMBER 11, 2020, AS (INSTRUMENT) 2712079, OFFICIAL RECORDS.
TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
TRUSTEE: MONTANA TITLE & ESCROW, INC.
BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK
24. NOTICE OF RIGHT TO CLAIM A LIEN FILED BY TAYLOR METAL PRODUCTS C/O LEVELSET, RECORDED MAY 27,
2022, AS (INSTRUMENT) 2776878, OFFICIAL RECORDS.
25. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $4,024,741.00, DATED JUNE 17, 2022, RECORDED JULY 1,
2022, AS (INSTRUMENT) 2779943, OFFICIAL RECORDS.
TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
TRUSTEE: MONTANA TITLE & ESCROW, INC.
BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK
26. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $951,775.00, DATED SEPTEMBER 23, 2022,
RECORDED OCTOBER 4, 2022, AS (INSTRUMENT) 2788035, OFFICIAL RECORDS.
TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
TRUSTEE: MONTANA TITLE & ESCROW, INC.
BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK
27. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $3,669,484.00, DATED NOVEMBER 14,
2022, RECORDED DECEMBER 9, 2022, AS (INSTRUMENT) 2792341, OFFICIAL RECORDS.
TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
TRUSTEE: MONTANA TITLE & ESCROW, INC.
BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK
*********************** END OF SCHEDULE B ***********************
Placer Title Co., Centric Title and Escrow, 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
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WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE.
Contact Us privacy@mlhc.com or toll free at 1-877-626-0668
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, as amended by the California Privacy Rights Act and its implementing regulations (“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.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668. You may also designate an
authorized agent to submit a request on your behalf by going to our online privacy policy at www.mlhc.com/privacy-policy or by calling
toll-free at 1-877-626-0668.
Right to Correct. You have a right to request that we correct your personal information. This right is subject to certain exceptions
available under the CCPA and other applicable law. To submit a verified request for correction, go to our online privacy policy at
www.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668.
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.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668. You may also designate an authorized
agent to submit a request on your behalf by going to our online privacy policy at www.mlhc.com/privacy-policy or by calling toll-free at 1-
877-626-0668.
Verification Process. For a request to know, correct 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 and Share. We have not sold or shared the personal information of California residents in the past 12 months. To the
extent any Mother Lode affiliated entity has a different practice, it will be stated in the applicable privacy policy. We do not knowingly
sell or share the personal information of any California resident 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, Mother Lode 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, how we have used that information, and how we share that information, please see “California Privacy Rights Act and
Disclosures” in https://www.mlhc.com/privacy-policy.
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 “California Privacy Rights Act and Disclosures” in https://www.mlhc.com/privacy-policy.
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.
Montana Title and Escrow Co.
National Closing Solutions, Inc.
National Closing Solutions of Alabama
National Closing Solutions of Maryland
Premier Reverse Closings
Centric Title and Escrow
Placer Title Co.
Placer Title Insurance Agency of Utah
Premier Title Agency
North Idaho Title Insurance Co.
Texas National Title
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.
FACTS WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Why?
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 requires us to tell
you how we collect, share, and protect your personal information. Please read this notice
carefully to understand what we do.
What?
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
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.
How?
All financial companies need to share customers’ personal information to run their
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
information
Does Old
Republic Title
share?
Can you limit this
sharing?
For our everyday business purposes – such as to
process your transactions, maintain your account(s), or
respond to court orders and legal investigations, or report
to credit bureaus
Yes No
For our marketing purposes – to offer our products and
services to you No We don’t share
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes –
information about your transactions and experiences Yes No
For our affiliates’ everyday business purposes –
information about your creditworthiness No We don’t share
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
notice?
Companies with an Old Republic Title name and other affiliates.
Please see below for a list of affiliates.
What we do
How does Old Republic Title
protect my personal
information?
To protect your personal information from unauthorized access
and use, we use security measures that comply with federal law.
These measures include computer safeguards and secured files
and buildings. For more information, visit
http://www.OldRepublicTitle.com/privacy-policy
How does Old Republic Title
collect my personal
information?
We collect your personal information, for example, when you:
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.oldrepublictitle.com/privacypolicy 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
Joint 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 May be Delivering This Notice
American First Title
& Trust Company
American Guaranty
Title Insurance
Company
Attorneys' Title
Fund Services, LLC
Compass Abstract,
Inc.
eRecording
Partners Network,
LLC
Genesis Abstract,
LLC
Guardian
Consumer
Services, Inc.
iMarc, Inc.Kansas City
Management
Group, LLC
L.T. Service Corp.
Lenders Inspection
Company
Lex Terrae National
Title Services, Inc.
Lex Terrae, Ltd Mississippi Valley
Title Services
Company
National Title
Agent’s Services
Company
Old Republic
Branch Information
Services, Inc.
Old Republic
Diversified
Services, Inc.
Old Republic
Escrow of
Vancouver, Inc.
Old Republic
Exchange
Company
Old Republic
National Ancillary
Services, Inc.
Old Republic
National
Commercial Title
Services, Inc.
Old Republic Title
and Escrow of
Hawaii, Ltd.
Old Republic
National Title
Insurance
Company
Old Republic Title
Company
Old Republic Title
Companies, Inc.
Old Republic Title
Company of
Conroe
Old Republic Title
Company of
Indiana
Old Republic Title
Company of
Nevada
Old Republic Title
Company of
Oklahoma
Old Republic Title
Company of
Oregon
Old Republic Title
Company of St.
Louis
Old Republic Title
Company of
Tennessee
Old Republic Title
Information
Concepts
Old Republic Title
Insurance Agency,
Inc
Old Republic Title,
Ltd.
RamQuest
Software, Inc.
Republic Abstract &
Settlement, LLC
Sentry Abstract
Company
Surety Title
Agency, Inc.
The Title Company
of North Carolina
Trident Land
Transfer Company,
LLC