HomeMy WebLinkAbout11 Owners Policy - Proof of OwnershipOrder Number: M-38296
Escrow Number: M-38296
WIRE FRAUD ADVISORY
Parties to a real estate transaction are often targets for wire fraud and financial confidence schemes, unfortunately with
many losing tens or hundreds of thousands of dollars because they relied (without verification) on “revised” or “new” wire
instructions appearing to come from a trusted party to the transaction.
IF YOU INTEND TO WIRE FUNDS IN CONJUNCTION WITH THIS REAL ESTATE TRANSACTION, WE STRONGLY
RECOMMEND THAT YOU VERBALLY VERIFY THOSE INSTRUCTIONS THROUGH A KNOWN, TRUSTED PHONE
NUMBER PRIOR TO SENDING FUNDS.
In addition, the following self-protection strategies are recommended to minimize exposure to possible wire fraud.
•DO NOT RELY on emails purporting to change wire instructions. Montana Title & Escrow, Inc. will never change its wire instructions in the course of a transaction. If you receive a random or unsolicited email from anyone requesting funds to be wired, and attaching “new,” “alternate,” “updated,” “revised” and/or “different” wire
instructions, contact your escrow officer immediately (at a verifiable number in the manner noted below) and before wiring any money.
•VERIFY the wire instructions you do receive by calling the party who sent the instructions to you. However, DO
NOT use the phone number provided in the email containing the instructions, and DO NOT send a reply email to
verify, since the email address may be incorrect, fraudulent or being intercepted by the fraudster. Rather, use
phone numbers you have called before and/or can independently verify through other sources (company website or
internet search).
•USE COMPLEX PASSWORDS that are at least ten (10) characters long and contain a combination of mixed case,
numbers, and symbols. You should also change your password often and not reuse the same password for other
online accounts.
•ENABLE MULTI-FACTOR AUTHENTICATION for all email accounts. Your email provider may have specific
instructions on how to implement this feature.
•CHECK FOR AUTO-FORWARDING on your email account and disable it. This is one of the most “silent” ways a fraudster can monitor your email account because every email that comes in is automatically forwarded to them, even if you change your password.
This Notice is not intended to provide legal or professional advice, nor is it an exclusive list of self-protection strategies.
Customers are encouraged to always be aware of such schemes, and to contact their escrow officer if ever in doubt.
.
Order Number: M-38296
Commitment for Title Insurance
Issued by
Westcor Land Title Insurance Company
Subject to conditions and
stipulations as set forth herein
Thank you for choosing
Montana Title & Escrow, Inc.
As Your Title Company
Contact Information:
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
Phone:(406) 587-7702
Fax:(406) 587-2891
Order Number: M-38296
COMMITMENT
Commitment Issued By:
Order Number: M-38296
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Suite 102
Bozeman, MT 59718
Escrow Officer:Connie Matolyak
Phone:(406) 587-7702
Fax:(406) 587-2891
Escrow Officer Email:teamconnie@montanatitle.com
Email Loan Docs To:teamconnie@montanatitle.com
Customer Reference:
Property Address:321 North 5th Avenue, Bozeman, MT 59715
Title Officer:Diana Smith
Title Officer Email:desmith@montanatitle.com
EXPLANATION OF CHARGES
2021 ALTA Standard Owners Policy $0.00
E-Recording Service Fee $8.50
Estimate of Charges $8.50
Order Number: M-38296
In an effort to assure that your transaction goes smoothly, please review the following
checklist and contact your escrow officer or title officer if you answer "Yes" to any of the
following questions:
●●Will you be using a Power of Attorney?
●●Are any of the parties in title incapacitated or deceased?
●●Has a change in marital status occurred for any of the
Principals?
●●Will the property be transferred into a trust, partnership,
corporation or limited liability company?
●●Has there been any construction on the property in the last
6 months?
Remember, all parties signing documents must have a driver's license or other valid
photo ID. It is recommended that all documents be signed in blue ink.
Order Number: M-38296
ALTA Commitment for Title Insurance
Issued by Westcor Land Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF
TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE
INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE
PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY
PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED
IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO
LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions, Westcor Land Title Insurance Company (the “Company”), commits to issue the Policy according to the terms
and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for
each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount
as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Issued By:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Bozeman, MT 59718
Agent ID: MT1000
__________________________________
Authorized Countersignature
WESTCOR LAND TITLE INSURANCE COMPANY
Order Number: M-38296
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because
it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual
orientation, gender identity, familial status, disability, national origin, or other legally protected class.
(b) “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
(c) “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real
property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate,
or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit
the extent that a right of access to and from the Land is to be insured by the Policy.
(d) “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one
evidenced by electronic means authorized by law.
(e) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the
Company pursuant to this Commitment.
(f) “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each
Policy to be issued pursuant to this Commitment.
(g) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(h) “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which
a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without
Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to
environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
(i) “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State”
also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
(j) “Title”: The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to
Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I—Requirements; and
f. Schedule B, Part II—Exceptions; and
g. a signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this
Commitment.
5. LIMITATIONS OF LIABILITY
(a) The company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the
interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I – Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
Order Number: M-38296
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I – Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and
provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be
filed only in a State or federal court having jurisdiction.
(c) This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter
of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written
or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be
under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The
issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may
provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed
Insured, nor is it a commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured.
Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may
be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed
Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Order Number: M-38296
NOTICE
FEDERAL FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 (FIRPTA)
Upon the sale of United States real property, by a non-resident alien, foreign corporation, partnership or trust, the Foreign Investment in Real
Property Tax Act of 1980 (FIRPTA), and as revised by the Tax Reform Act of 1984 (26 USCA 897 (C)(1)(A)(1) and 26 USCA 1445), Revised by the Path
Act of 2015, These changes may be reviewed in full in H.R. 2029, now known as Public Law 114-113. See Section 324 of the law for the full text of
FIRPTA changes. Effective February 27, 2016, the amendments to FIRPTA contained in the PATH Act have increased the holdback rate from 10% of
gross proceeds to 15% of gross proceeds of the sale, regardless of whether the actual tax due may exceed (or be less than) the amount withheld if
ANY of the following conditions are met:
1. If the amount realized (generally the sales price) is $300,000 or less, and the property will be used by the Transferee as a residence (as provided
for in the current regulations), no monies need be withheld or remitted to the IRS.
2. If the amount realized exceeds $300,000 but does not exceed $1,000,000, and the property will be used by the Transferee as a residence, (as
provided for in the current regulations) then the withholding rate is 10% on the full amount realized (generally the sales prices)
3. If the amount realized exceeds $1,000,000, then the withholding rate is 15% on the entire amount, regardless of use by the Transferee. The
exemption for personal use as a residence does not apply in this scenario.
If the purchaser who is required to withhold income tax from the seller fails to do so, the purchaser is subject to fines and penalties as provided
under Internal Revenue Code Section 1445.
Escrow Holder will, upon written instructions from the purchaser, withhold Federal Income Tax from the seller
and will deposit said tax with the Internal Revenue Service, together with IRS Forms 8288 and 8288-A. The fee
charged for this service is $45.00 payable to the escrow holder.
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
COMMITMENT - SCHEDULE A
1.Commitment Date:November 13, 2023 at 7:30AM
2.Policy or Policies to be Issued:Liability Premium
2021 ALTA Standard Owners Policy $0.00 $0.00
PROPOSED INSURED:
To Be Determined
3.The estate or interest in the Land described at the Commitment Date is:
Fee Simple
4.The Title is, at the Commitment Date, vested in:
Fifth and Villard Apartments, LLC, a Montana limited liability company
5.The land is described as follows:
See Exhibit "A" Attached For Legal Description
*For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this
commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment
identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend
this commitment to add, among other things, additional exceptions or requirements after the designation of the
Proposed Insured.
Inquiries should be directed to:
Montana Title & Escrow, Inc.Escrow Officer:Connie Matolyak
1925 N. 22nd Avenue Title Officer:Diana Smith
Suite 102 Phone:(406) 587-7702
Bozeman, MT 59718 Fax:(406) 587-2891
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
Exhibit “A”
Legal Description
LOTS 1, 2 AND 3 IN BLOCK 6 OF CERTIFICATE OF SURVEY NO. E-3-A (AMENDED KARP'S ADDITION), TRACTS OF LAND
BEING LOT 1, LOT 2 AND LOT 3 OF BLOCK 6, KARP'S ADDITION TO BOZEMAN, MONTANA, ACCORDING TO THE
OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER, GALLATIN
COUNTY, MONTANA.
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
SCHEDULE B - Part I
REQUIREMENTS
The following requirements must be met and completed to the satisfaction of the Company before its Policy of Title
Insurance will be issued:
1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.Documents satisfactory to the Company that convey the Title or create the Mortgage to the be
insured, or both, must be properly authorized, executed, delivered, and recorded in the Public
Records.
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
SCHEDULE B - Part II
EXCEPTIONS
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in
the Public Records or is created, attaches, or is disclosed between the Commitment Date and
the date on which all of the Schedule B, Part I—Requirements are met
2.Rights or Claims of parties in possession not shown by the public records.
3.Easements or claims of easements not shown by the public records.
4.Discrepancies, conflicts in boundary lines, encroachments, overlaps, variations or shortage in
area or content, party walls and any other matters that would be disclosed by a correct survey
and/or physical inspection of the land.
5.Any lien, or right to lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public record.
6.Any water or well rights, or rights or title to water or claims thereof, in, on or under the land.
7.Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the
issuance of said patents.
8.All taxes, assessments, levies and charges which constitute liens or are due or payable including
unredeemed tax sales.
9. TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2023.
PARCEL NO.: RGG5634
1ST INSTALLMENT: $ 11,193.16 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE
DECEMBER 22, 2023.
2ND INSTALLMENT: $ 11,193.15 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE
MAY 31, 2024.
10. CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2023-2024.
ACCOUNT NO. 24140.
1ST INSTALLMENT: $ 583.62 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE
NOVEMBER 30, 2023.
2ND INSTALLMENT: $ 583.62 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE
MAY 31, 2024.
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
11. 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.
12. 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.)
13. ALL MATTERS AS DELINEATED ON THE OFFICIAL PLAT OF "KARP'S ADDITION TO THE CITY OF BOZEMAN", ON FILE
AND OF RECORD WITH THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA. PLAT
NO. E-3 AND AMENDED PLAT E-3-A.
14. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $1,361,463.50, DATED SEPTEMBER 9, 2022, RECORDED
SEPTEMBER 19, 2022, AS (INSTRUMENT) 2786869, OFFICIAL RECORDS.
TRUSTOR: FIFTH AND VILLARD APARTMENTS LLC
TRUSTEE: MONTANA TITLE & ESCROW INC.
BENEFICIARY: STOCKMAN BANK OF MONTANA
MODIFICATION OF DEED OF TRUST RECORDED JULY 19, 2023 AS DOCUMENT NO. 2805406.
*********************** END OF SCHEDULE B ***********************
*** INFORMATIONAL NOTES:
THE POLICY TO BE ISSUED CONTAINS AN ARBITRATION CLAUSE. ALL ARBITRABLE MATTERS WHEN THE AMOUNT
OF INSURANCE IS $2,000,000 OR LESS SHALL BE ARBITRATED AT THE OPTION OF EITHER THE COMPANY OR THE
INSURED AS THE EXCLUSIVE REMEDY OF THE PARTIES. YOU MAY REVIEW A COPY OF THE ARBITRATION RULES
AT ~WWW.ALTA.ORG~.
IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR
EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. PLEASE
CONTACT THE TITLE OFFICER NAMED ON SCHEDULE A OF THIS COMMITMENT.
IMPORTANT NOTICE- ACCEPTABLE TYPES OF FUNDS
ANY FUNDS DEPOSITED FOR THE CLOSING MUST BE DEPOSITED INTO THE ESCROW DEPOSITORY AND CLEARED
PRIOR TO DISBURSEMENT.
ALL FUNDS DEPOSITED MUST BE BY WIRE, CASHIERS CHECK, OFFICIAL CHECK OR PERSONAL CHECK. REQUIRED
TIME NECESSARY TO CLEAR EACH TYPE OF FUNDS WILL VARY.
IMPORTANT NOTE: PLEASE BE ADVISED THAT ESCROW HOLDER DOES NOT ACCEPT CASH, MONEY ORDERS, ACH
TRANSFERS OR ANY FOREIGN CHECKS.
PLEASE CONTACT ESCROW REGARDING QUESTIONS ON TYPE OF FUNDS REQUIRED IN ORDER TO FACILITATE
THE PROMPT CLOSING OF THIS TRANSACTION.
Order Number: M-38296
This page is only a part of a 2021 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a signature by the
Company or its issuing agent that may be in electronic form.
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
NOTICE AT COLLECTION AND PRIVACY POLICY
Updated December 1, 2022
This Privacy Policy (“Policy”) describes how Mother Lode Holding Company and its subsidiaries and affiliates
(collectively, “Mother Lode,” “we,” “us,” or “our”) collect, use, store, and share your information when: (1) when you
access or use our websites, mobile applications, web-based applications, or other digital platforms where this Policy
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any manner, including by e-mail, in-person, telephone, or other communication method (“Communications”); and (4)
when we obtain your information from third parties, including service providers, business partners, and governmental
departments and agencies (“Third Parties”).
This Policy applies wherever it is posted. To the extent a Mother Lode subsidiary or affiliate has different privacy
practices, such entity shall have their own privacy statement posted as applicable.
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.mlhc.com/privacy-policy.
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Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use,
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We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on
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AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU 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.
PRIVACY POLICY
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company (”WLTIC”) values its customers and is committed to protecting
the privacy of personal information. In keeping with that philosophy, we have developed a Privacy
Policy, set out below, that will ensure the continued protection of your nonpublic personal information
and inform you about the measures WLTIC takes to safeguard that information.
Who is Covered
Our Privacy Policy applies to each customer who purchases a WLTIC title insurance policy. Typically, this
means that the customer covered by our Privacy Policy at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain
nonpublic personal information directly from the customer, from customer-related transactions, or from
third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in
order to perform their jobs. These employees include, but are not limited to, those in departments such
as legal, underwriting, claims administration and accounting.
Information Sharing
It is the policy of WLTIC not to share nonpublic personal information that it collects with anyone other
than our policy issuing agents as necessary to complete the real estate settlement services and issue the
title insurance policy requested by our customer. WLTIC may share nonpublic personal information as
permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom
WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer’s nonpublic
personal information by utilizing similar precautions and security measures to those that WLTIC uses to
protect this information and only to use the information for lawful purposes. WLTIC, however, may
share information as required by law in response to a subpoena, to a government regulatory agency or
to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its
possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
Policy Cover Letter – Owner (Retail)
Fifth and Villard Apartments, LLC, a Montana limited liability company
111 W. Lamme St., Ste. 101
Bozeman, MT 59715
Date: October 26, 2022
To our valued customer,
Enclosed please find the title insurance policy for your property located at
321 North 5th Avenue, Bozeman, MT 59715
This enclosed policy insures you against certain risks to your land title, subject to the conditions
& exclusions as set forth therein.
Your policy premium shown on Schedule A is a one-time charge. It was collected and paid for in
your closing costs.
Please review this policy in its entirety. In the event that you find any discrepancy, or if you
have any questions regarding your title insurance policy, you may contact the Policy
Department at:
Email: mtepolicies@montanatitle.com
Telephone: (406) 587-7702
Fax: (406) 587-2891
Please refer to our Order No. M-35685.
We will retain a copy of this title insurance policy so we will be able to provide future products
and services to you quickly and efficiently. Thank you for giving us the opportunity to serve
you.
Sincerely,
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
OP-49 MT ALTA 6-17-06 Owner’s Policy w-MT Mod
(WLTIC Edition 02/05/18)
POLICY NO.
ALTA OWNER’S POLICY (6-17-06)
(WITH MONTANA MODIFICATIONS)
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
OWNER’S POLICY OF TITLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company under
this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina
corporation (the “Company”) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of
Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term “encroachment” includes encroachments
of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed as of the Date of Policy shown in Schedule A,
Issued By: WESTCOR LAND TITLE INSURANCE COMPANY
OP-49-MT1000-14547755
MT1000 * M-35685
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Bozeman, MT 59718
OP-49 MT ALTA 6-17-06 Owner’s Policy w-MT Mod
(WLTIC Edition 02/05/18)
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all
or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule
A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors’ rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors’ rights laws by reason of the failure of its recording in the Public
Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed
or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys’ fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage
of this policy, and the Company will not pay loss or damage,
costs, attorneys’ fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation
(including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection; or the effect of any
violation of these laws, ordinances, or governmental
regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does
not modify or limit the coverage provided under Covered
Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or
limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by
the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been
sustained if the Insured Claimant had paid value for the
Title.
4. Any claim, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors’ rights laws, that the
transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments
imposed by governmental authority and created or attaching
between Date of Policy and the date of recording of the deed
or other instrument of transfer in the Public Records that
vests Title as shown in Schedule A
OP-49 MT ALTA 6-17-06 Owner’s Policy w-MT Mod
(WLTIC Edition 02/05/18)
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) “Amount of Insurance”: The amount stated in Schedule A,
as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by
Sections 10 and 11 of these Conditions.
(b) “Date of Policy”: The date designated as “Date of Policy”
in Schedule A.
(c) “Entity”: A corporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) “Insured”: The Insured named in Schedule
A. (i) The term “Insured” also includes
(A) successors to the Title of the Insured by operation
of law as distinguished from purchase, including
heirs, devisees, survivors, personal
representatives, or next of kin;
(B) successors to an Insured by dissolution, merger,
consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other
equity interests of the grantee are wholly-
owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the
affiliated Entity and the named Insured are
both wholly-owned by the same person or
Entity, or
(4) if the grantee is a trustee or beneficiary of a
trust created by a written instrument
established by the Insured named in Schedule
A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving,
however, all rights and defenses as to any successor
that the Company would have had against any
predecessor Insured.
(e) “Insured Claimant”: An Insured claiming loss or damage.
(f) “Knowledge” or “Known”: Actual knowledge, not
constructive knowledge or notice that may be imputed to
an Insured by reason of the Public Records or any other
records that impart constructive notice of matters
affecting the Title.
(g)“Land” The land described in Schedule A, and affixed
improvements that by law constitute real property. The
term “Land” does not include any property beyond the
lines of the area described in Schedule A, nor any right,
title, interest, estate, or easement in abutting streets, roads,
avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and
from the Land is insured by this policy.
(h) “Mortgage”: Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by
electronic means authorized by law. (i) “Public Records”: Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk
5(d), “Public Records” shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located.
(j) “Title”: The estate or interest described in Schedule A.
(k) “Unmarketable Title”: Title affected by an alleged or
apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from
the obligation to purchase, lease, or lend if there is a
contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the Land, or holds an obligation
secured by a purchase money Mortgage given by a purchaser
from the Insured, or only so long as the Insured shall have
liability by reason of warranties in any transfer or conveyance of
the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or interest in the
Land, or (ii) an obligation secured by a purchase money
Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company promptly in writing (i) in
case of any litigation as set forth in Section 5(a) of these Condi-
tions, (ii) in case Knowledge shall come to an Insured hereunder
of any claim of title or interest that is adverse to the Title, as
insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy, or (iii) if the
Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to
provide prompt notice, the Company’s liability to the Insured
Claimant under the policy shall be reduced to the extent of the
prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of
loss or damage, the Company may, at its option, require as a
condition of payment that the Insured Claimant furnish a signed
proof of loss. The proof of loss must describe the defect, lien,
encumbrance, or other matter insured against by this policy that
constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the defense of an Insured in litigation in
which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only
those stated causes of action alleging matters insured
against by this policy. The Company shall have the right to
select counsel of its choice (subject to the right of the
Insured to object for reasonable cause) to represent the
Insured as to those stated causes of action. It shall not be
liable for and will not pay the fees of any other counsel.
The Company will not pay any fees, costs, or expenses
OP-49 MT ALTA 6-17-06 Owner’s Policy w-MT Mod
(WLTIC Edition 02/05/18)
incurred by the Insured in the defense of those causes of
action that allege matters not insured against by this
policy.
(b) The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at
its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may
be necessary or desirable to establish the Title, as
insured, or to prevent or reduce loss or damage to the
Insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall
not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its
rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the
Company may pursue the litigation to a final
determination by a court of competent jurisdiction, and it
expressly reserves the right, to appeal any adverse
judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any
action or proceeding and any appeals, the Insured shall
secure to the Company the right to so prosecute or provide
defense in the action or proceeding, including the right to
use, at its option, the name of the Insured for this purpose.
Whenever requested by the Company, the Insured, at the
Company’s expense, shall give the Company all
reasonable aid (i) in securing evidence, obtaining
witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other
lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title or any other
matter as insured. If the Company is prejudiced by the
failure of the Insured to furnish the required cooperation,
the Company’s obligations to the Insured under the policy
shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, with regard to
the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured
Claimant to submit to examination under oath by any
authorized representative of the Company and to produce
for examination, inspection, and copying, at such
reasonable times and places as may be designated by the
authorized representative of the Company, all records, in
whatever medium maintained, including books, ledgers,
checks, memoranda, correspondence, reports, e-mails,
disks, tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall
grant its permission, in writing, for any authorized
representative of the Company to examine, inspect, and
copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All
information designated as confidential by the Insured
Claimant provided to the Company pursuant to this
Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured
Claimant to submit for examination under oath, produce
any reasonably requested information, or grant permission to
secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys’ fees, and expenses in-
curred by the Insured Claimant that were authorized by the Com-
pany up to the time of payment or tender of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy, other
than to make the payment required in this subsection, shall termi-
nate, including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the
name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any
costs, attorneys’ fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the
loss or damage provided for under this policy, together
with any costs, attorneys’ fees, and expenses incurred by
the Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligated to pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company’s
obligations to the Insured under this policy for the claimed loss or
damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss
or damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by
this policy.
(a) The extent of liability of the Company for loss or damage
under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured
against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
OP-49 MT ALTA 6-17-06 Owner’s Policy w-MT Mod
(WLTIC Edition 02/05/18)
and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys’ fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the
alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the
Company or with the Company’s consent, the Company shall have no liability for loss or damage until there has
been a final determination by a court of competent
jurisdiction, and disposition of all appeals, adverse to the
Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent
of the Company.
10. REDUCTION OF INSURANCE; REDUCTION
OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys’ fees, and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any policy insuring a Mortgage to which
exception is taken in Schedule B or to which the Insured has
agreed, assumed, or taken subject, or which is executed by an
Insured after Date of Policy and which is a charge or lien on
the Title, and the amount so paid shall be deemed a payment
to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT
OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent
of the amount of any loss, costs, attorneys’ fees, and
expenses paid by the Company. If requested by the
Company, the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and
remedies. The Insured Claimant shall permit the Company
to sue, compromise, or settle in the name of the Insured
Claimant and to use the name of the Insured Claimant in
any transaction or litigation involving these rights and
remedies.
If a payment on account of a claim does not fully cover the loss of
the Insured Claimant, the Company shall defer the exercise of its
right to recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company’s right of subrogation includes the rights of the
Insured to indemnities, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained
in those instruments that address subrogation rights.
14. INTENTIONALLY OMITTED
15. LIABILITY LIMITED TO THIS POLICY; POLICY
ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to
it by the Company is the entire policy and contract between
the Insured and the Company. In interpreting any provision of
this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted
to this policy.
(c) Any amendment of or endorsement to this policy must be in
writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and provi-
sions. Except as the endorsement expressly states, it does not
(i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii) extend the Date of Policy,
or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is
held invalid or unenforceable under applicable law, the policy
shall be deemed not to include that provision or such part held to
be invalid, but all other provisions shall remain in full force and
effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined
the premium charged therefor in reliance upon the law
affecting interests in real property and applicable to the
interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this policy. In
neither case shall the court or arbitrator apply its conflicts of
law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought
by the Insured against the Company must be filed only in a
state or federal court within the United States of America or its
territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing
required to be given to the Company under this policy must be
given to the Company at: Westcor Land Title Insurance
Company, Attn.: Claims, 875 Concourse Parkway South, Suite
200, Maitland, FL 32751. Telephone (866) 629-5842.
ALTA Owner's Policy (6-17-06)
ALTA OWNER’S POLICY (6-17-06)
SCHEDULE A
Order No.:M-35685 Name and Address of Insurer:
Policy No.:OP-49-MT1000-14547755
Date of Policy:September 19, 2022 at 12:30PM
Amount of Insurance:$1,600,000.00
Premium:$3,473.00
Westcor Land Title Insurance Company
875 Concourse Parkway South, Suite 200
Maitland, FL 32751
Address Reference:321 North 5th Avenue, Bozeman, MT 59715
For information purposes only and not for insurance.
1.Name of Insured:
Fifth and Villard Apartments, LLC, a Montana limited liability company
2.The estate or interest in the Land that is insured by this policy is:
Fee Simple
3.Title is vested in:
Fifth and Villard Apartments, LLC, a Montana limited liability company
4.The Land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION
Issued By:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Bozeman, MT 59718
Agent ID: MT1000
__________________________________
Authorized Countersignature
Order No.: M-35685
Policy No.: OP-49-MT1000-14547755
ALTA Owner's Policy (6-17-06)
EXHIBIT "A' LEGAL DESCRIPTION
LOTS 1, 2 AND 3 IN BLOCK 6 OF CERTIFICATE OF SURVEY NO. E-3-A (AMENDED KARP'S ADDITION), TRACTS OF LAND
BEING LOT 1, LOT 2 AND LOT 3 OF BLOCK 6, KARP'S ADDITION TO BOZEMAN, MONTANA, ACCORDING TO THE OFFICIAL
PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA.
Order No.: M-35685
Policy No.: OP-49-MT1000-14547755
ALTA Owner's Policy (6-17-06)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that
arise by reason of:
STANDARD EXCEPTIONS:
(1)Rights or claims of parties in possession not shown by the Public Records.
(2)Easements or claims of easements not shown by the Public Records.
(3)Discrepancies, conflicts in boundary lines, encroachment, overlaps, variations or shortages in area or
content, party walls and any other matters that would be disclosed by a correct survey and/or physical
inspection of the Land.
(4)Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
(5)Any water or well rights, or rights or title to water or claims thereof, in, on or under the Land.
(6)(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
of said patents.
(7)All taxes, assessments, levies and charges which constitute liens or are due or payable including
unredeemed tax sales.
Order No.: M-35685
Policy No.: OP-49-MT1000-14547755
ALTA Owner's Policy (6-17-06)
SCHEDULE B
EXCEPTIONS FROM COVERAGE
SPECIAL EXCEPTIONS:
1. GENERAL TAXES FOR THE YEAR 2022, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE.
2. 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.
3. 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.)
4. ALL MATTERS AS DELINEATED ON THE OFFICIAL PLAT OF "KARP'S ADDITION TO THE CITY OF BOZEMAN", ON FILE
AND OF RECORD WITH THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA. PLAT
NO. E-3 AND AMENDED PLAT E-3-A.
5. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW AND ANY OTHER
OBLIGATIONS SECURED THEREBY:
AMOUNT: $1,361,463.50
DATED: SEPTEMBER 9, 2022
TRUSTOR: FIFTH AND VILLARD APARTMENTS, LLC
TRUSTEE: MONTANA TITLE & ESCROW INC
BENEFICIARY: STOCKMAN BANK OF MONTANA
RECORDED: SEPTEMBER 19, 2022 AS (INSTRUMENT) 2786869
*********************** END OF SCHEDULE B ***********************