HomeMy WebLinkAbout03- Commitment for Title Insurance - Mandeville Property. . .
MTE
MONTANA 1llilll E & EscROW
A MOTHER LODE COMPANY
Commitment for Title Insurance
Issued by
Lawyers Title Insurance Corporation
A LANDAMERICA COMPANY
a Virginia Corporation
subject to conditions and
stipulations as set forth herein
Thank You for choosing
MONTANA TITLE & ESCROW
as Your Title Company
777 East Main St., Suite 101
Bozeman, MT 59715
(406) 587-7702 • Fax (406) 587-2891
g landAmerica
PRIVACY POLICY NOTICE
Dear LandAmerica Customer:
The Financial Services Modernization Act, known as the Gramm-Leach-BiileyAct,
requires us to explain to our customers the ways in which we collect and use
customer information.
The statement attached to or on the reverse side of this letter is the privacy policy
of the LandAmerica family of companies. The three largest members of the family
- Commonwealth Land Title Insurance Company, Lawyers Title Insurance
Corporation, and Transnation Title Insurance Company - may issue policies and
handle real estate closings in virtually every part of the country. Some companies
in the family provide other real estate services, and some operate more locally.
You may review a list of LandAmerica companies on our website (www.landam.com).
You may also visit our website for an explanation of our privacy practices relating
to electronic communication.
Our concern with the protection of your information has been a part of our business
since 1876, when the company that is now Commonwealth Land Title Insurance
Company issued its first policy. We will continue to protect the privacy, accuracy,
and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance
Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title
Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title
Insurance Company of New York
LandAmerica Title Agents(whol/y-owned): American Title Company of Dallas and Fort Worth, Austin Title Company,
A TACO, Inc., Albuquerque Title Company, Atlantic Title & Abstract Company, Capitol City Title Services, Inc., Commercial
Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth,
Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of
Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services,
Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc.,
Transnation Title & Escrow, Wilson Title Company
LandAmerica Title Agents (partially owned): Bankers AllianceTitle Agency, Biltmore Abstract, CFS Title Insurance Agency,
Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth-
Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title &
Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, M/1 Title
Agency, M and M Title Services, National Land Transfer (NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency,
Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater,
Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency,
TAl Title Agency, TAl-County Title Agency-Michigan, Tri-State Title Agency, University Title Services,
Inspections. Appraisals. Mortgage Servicing. and Ancillary Services: lnspectech, Inc., LandAmerica OneStop, Inc.,
LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalities, TransAccount Services, Inc.
Form 3391-6 (September 2002)
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title
insurance, but there are companies in our family that provide other real estate services
to consumers. We collect information about you, (for instance, your name, address,
telephone number), and information about your transaction, including the identity of the
real property that you are buying or financing. We obtain a copy of any deeds, notes, or
mortgages that are involved in the transaction. We may get this information from you
or from the lender, attorney, or real estate broker that you have chosen. Our title
insurance companies then obtain information from the public records about the
property so that we can prepare a title insurance policy. When we provide closing,
escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may
get your social security number, and we may receive additional information from third
parties including appraisals, credit reports, land surveys, escrow account balances,
and sometimes bank account numbers to facilitate the transaction. If you are
concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice
does not share your information with marketers outside its own family. There's no
need to tell us to keep your information to ourselves because we share your
information only to provide the service requested by you or your lender, or in other
ways permitted by law. The privacy laws permit some sharing without your approval.
We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, tor
institutional risk control, and to provide information to government and law enforcement
agencies. Companies within a family may share certain information among themselves
in order to identity and market their own products that they think may be useful to you.
Credit information about you is shared only to facilitate your transaction or for some
other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal
information about you to those employees who need the information to provide
products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with law to guard your nonpublic personal information. We
reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Otten, your transaction goes through a
title insurance agent. Agents that are part of the LandAmerica family are covered by
this policy. Agents that are not part of the LandAmerica family may specifically,
in writing, adopt our policy statement.
MONTANA TITLE AND ESCROW, INC.
CUSTOMER DISTRIBUTION
Date: 07-08-2003 Order Number: 70-1807
Cust. Ref.: MANDEVILLE/CITY OF BOZEMA
Property Address:
1225 REDWING DRIVE, BOZEMAN, MT 59718
PRUDENTIAL BOZEMAN
1925 NORTH 22ND SUITE 201
BOZEMAN, MT 59715
Attn: NEAL/LLOYD
Phone: 406-587-9566
Fax: 406-587-5453
Copies: 2
Delivery by Courier
CITY OF BOZEMAN
411 EAST MAIN
BOZEMAN, MT 59715
Ann: CLARK JOHNSON
Copies: 2 CCR's: 1
MAIL
DZLIVIDlY
CRAIG A. MANDEVILLE AND CONNIE 1. MANDEVILLE
1225 REDWING DRIVE
BOZEMAN. MT 59718
Copies: 1
MAIL
MONTANA TITLE AND ESCROW, INC.
777 EAST MAIN STREET, SUITE 101
BOZEMAN, MT 59715
Attn: Gail D. Huls
Phone: 406-587-7702
Fax: 406-587-2891
Copies: 2
COKIIIT
MONTANA TITLE AND ESCROW, INC.
COMMITMENT
Date: 07-08-2003 Our Order Number: 70-1807
Your Reference: MANDEVILLE/CITY OF BOZEMAN
Property Address:
1225 REDWING DRIVE, BOZEMAN, MT 59718
Buyer/Borrower:
CITY OF BOZEMAN
Seller/Owner:
CRAIG A. MANDEVILLE AND CONNIE J. MANDEVILLE, AS JOINT TENANTS
INQUIRIES SHOULD BE DIRECTED TO:
MONTANA TITLE AND ESCROW, INC.
777 EAST MAIN STREET, SUITE 101
BOZEMAN, MT 59715
Escrow Officer: Gail D. Hu1s
Title Officer: Rita Gaddis
Phone: 406-587-7702
Fax: 406-587-2891
THANK YOU FOR YOUR ORDER!
SOIA
Schedule A
1. Commitment Date: June 27, 2003 at 7:30a.m.
2. Policy or Policies to be Issued:
Standard ALTA Owners
Proposed Insured:
CITY OF BOZEMAN
Order No. 70-1807
Liability
Premium
Credit
3. The interest in the land described or referred to in this Commitment and covered herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
CRAIG A. MANDEVILLE AND CONNIE J. MANDEVILLE , AS JOINT TENANTS
5. The land referred to in this Commitment is described as follows:
SEE EXHIBT "A" ATTACHED HEREIN
Aut orized Of tcer or Agent
MONTANA TITLE AND ESCROW, INC.
Policy Issuing Agent for Lawyers Title Insurance Corporation
$420,000 . 00
$1,235.50
$494.20
COMMIT . L:BGAL
EXHIBIT "A''
LEGAL DESCRIPTION
IN THE STATE OF MONTANA, COUNTY OF GALLATIN:
Order No. 70-1807
TRACT 2-A OF CERTIFICATE OF SURVEY NO. 2153, A TRACT OF LAND BEING TRACT A
OF CERTIFICATE OF SURVEY NO. 939 AND TRACTS 1 AND 3 OF CERTIFICATE OF
SURVEY NO. 1723 SITUATED IN THE NWl/4 OF SECTION 36, TOWNSlllP 1 SOUTH,
RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL
PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND
RECORDER OF GALLATIN COUNTY, MONTANA.
COKB1
SCHEDULE B - SECTION I
REQUIREMENTS
Order No. 70-1807
The following requirements must be met and completed to the satisfaction of the Company before its Policy
of Title Insurance will be issued:
1. INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR INTEREST TO BE INSURED
MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR RECORD.
SATISFACTORY SHOWING THAT MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD.
MONTANA TITLE AND ESCROW, INC.
Policy Issuing Agent for Lawyers Title Insurance Corporation
COlli! II
SCHEDULE B - SECTION II
STANDARD EXCEPTIONS
Order No. 70-1807
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the
same are disposed of to the satisfaction of the Company.
A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records, or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires for value of record the estate or interest or mortgage thereon covered by
this commitment.
B. STANDARD EXCEPTIONS:
(1) Rights or claims of parties in possession or claiming to be in possession not shown by the public
records.
(2) Easements, or claims of easements, not shown by the public records.
(3) Encroachments, or questions of location, boundary and area which are dependant upon a correct
survey or inspection of the premises for determination.
(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) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the
issuance thereof; water rights claims or title to water.
(6) Any service, installation or connection charge for sewer, water or electricity.
(7) General taxes not now payable; matters relating to special levies or assessments, if any,
preceeding the same becoming a lien.
MONTANA TITLE AND ESCROW, INC.
Policy Issuing Agent for Lawyers Title Insurance Corporation
SCHEDULE B - SECTION II
SPECIAL EXCEPTIONS
Order No. 70-1807
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form
would be as follows:
1. GENERAL TAXES FOR THE YEAR 2003, A LIEN IN THE PROCESS OF ASSESSMENT, NOT
YET DUE OR PAYABLE.
2. ALL RIGHTS, TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL OR
OTHER HYDROCARBONS AND THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE
SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED EASEMENTS
AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR EXPLORATION,
DRILLING OR EXTRACTION RELATED PURPOSES.
(THIS COMMITMENT/POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD
PERTAINING TO THE ABOVE REFERENCED RIGHTS.)
3. AN EASEMENT OVER SAID LAND FOR PIPELINE AND INCIDENTAL PURPOSES, AS GRANTED
TO THE YELLOWSTONE PIPE LINE COMPANY, RECORDED MARCH lO, 1954, BOOK 114 OF
DEEDS, PAGE 122, OFFICIAL RECORDS.
4. ALL RIGHTS PERTAINING TO JACKSON IRRIGATION DITCH AS SHOWN ON CERTIFICATE
OF SURVEY NO. 939, RECORDED OCTOBER 31, 1980.
5. TERMS AND CONDITIONS OF THE WAIVER OF ANNEXATION, RECORDED MAY 29, 1980,
FILM 56, PAGE 1020, OFFICIAL RECORDS.
6. TERMS AND CONDITIONS OF THE STATE OF MONTANA DEPARTMENT OF HEALTH AND
ENVIRONMENTAL SCIENCES CERTIFICATE OF SUBDIVISION PLAT APPROVAL, RECORDED
OCTOBER 31, 1980, FILM 53, PAGE 495, OFFICIAL RECORDS.
7. AN EASEMENT OVER SAID LAND FOR TELECOMMUNICATIONS FACILITIES AND INCIDENTAL
PURPOSES, AS GRANTED TO U.S. WEST COMMUNICATIONS, INC., RECORDED JULY 29,
1994, FILM 146, PAGE 2072, OFFICIAL RECORDS.
8. DESIGNATION OF A CONTROLLED GROUNDWATER AREA BY DEPARTMENT OF NATURAL
RESOURCES RECORDED JULY 27, 1998IN FILM 187, PAGE 2329, OFFICIAL
RECORDS.
9. AN EASEMENT OVER SAID LAND FOR ELECTRIC POWERLINE, COMMUNICATIONS SYSTEM
AND NECESSARY APPURTENANCES AND ANY GUY WIRES TOGETHER WITH REASONABLE
RIGHT OF ACCESS TO AND FROM THE EASEMENT AREA OVER LANDS OF THE GRANTOR
USING EXISTING ROADS AND TRAILS WHERE PRACTICABLE; THE RIGHT TO USE AND
KEEP THE EASEMENT AREA FREE AND CLEAR OF ANY AND ALL OBSTRUCTIONS OR
STRUCTURES, EXCEPT FENCES; AND THE RIGHT TO CLEAR AND REMOVE ALL TIMBER,
MONTANA TITLE AND ESCROW, INC.
coKllxi.sPI!CIAI. Policy Issuing Agent for Lawyers Title Insurance Corporation
SCHEDULE B - SECTION II
EXCEPTIONS continued
Order No. 70-1807
BRUSH OR VEGETATION FROM TEH EASEMENT AREA 10 FEET ON EACH SIDE OF THE
POWERLINE AND TO CUT AND REMOVE SUCH TIMBER, BRUSH AND VEGETATION OUTSIDE
OF THE EASEMENT THAT MAY IN GRANTEE'S OPINION ENDANGER THE POWERLINE,
COMMUNICATIONS SYSTEM, NECESSARY APPURTENANCES OR GUY WIRES. AND
INCIDENTAL PURPOSES, AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED MAY
18, 2001, AS DOCUMENT NO. 2037458, OFFICIAL RECORDS.
10. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $66,463.56, DATED MAY 07, 2003,
RECORDED MAY 13, 2003, AS DOCUMENT NO. 2107949, OFFICIAL RECORDS.
TRUSTOR: CRAIG A. MANDEVILLE AND CONNIE J. MANDEVILLE
TRUSTEE: AMERICAN LAND TITLE COMPANY
BENEFICIARY: AMERICAN FEDERAL SAVINGS BANK-BOZEMAN OFFICE
11. LACK OF A MEANS OF INGRESS AND EGRESS TO A PUBLIC ROAD DUE TO THE LOCATION
OF A RAILROAD RIGHT-OF-WAY BETWEEN THE SUBJECT PROPERTY AND A PUBLIC
LAND.
COKMIT.BII.O
*********************** END OF SCHEDULE B ***********************
***INFORMATIONAL NOTES:
IN THE EVENT THAT THIS TRANSACTION FAILS TO CLOSE, A FEE WITH A MINIMUM OF
$150.00 WILL BE CHARGED TO COMPLY WITH THE STATE INSURANCE CODE.
THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY
UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION
AND OTHER POSSIBLE UTILITY SERVICES.
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.
ADDRESS: 1225 REDWING DRIVE, BOZEMAN, MT 59718
TAX NOTE:
TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS, FOR THE
YEAR 2002:
1ST INSTALLMENT: $836.14 PAID
2ND INSTALLMENT: $830.12 PAID
PARCEL NO.: RFG21678
MONTANA TITLE AND ESCROW, INC.
Policy Issuing Agent for Lawyers Title Insurance Corporation
Montana Title & Escrow File No. / f?CJ 7
777 East Main St., Suite 101, Bozeman, MT 59715
IMPORTANT: This sketch if furnished without charge solely for the purpose of assisting in locating
said premises and the Company assumes no liability for inaccuracies herein.
--cERTIFICATE
A TRACT OF LAND BEING TRACT A OF CERTIFICATE OF SURVEY No. 939 AND TRACTS 1, 3 & 4 OF CERTIFICATE
OF SURVEY NO. 1723 SITUATED IN THE NW1/4 OF SECTION 36, T.1S., R.5E., P.M.M., GALLATIN COUNTY, MONTANA
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Gallatin County Treasurer
Gallatin County, Montana - Tax Records
Disclaimer: The accuracy or I he data 1s not guaranteed.
Property Ta:\ data was last updated 7/..f/2003.
Tax ID:IIRFG21678 II
l~=======S=ta=tu=s==l: llcurrent II
Owner(s): ll MANDEVILLE CRAIG A & CONNIE J
!~================~
Mailing 111225 RED WING RD
~========A=d=d=re=s===:s: BOZEMAN, MT 597188454
Levy District:ll2350-04, 7R Bozeman(R)BF-GP
~=================::::::
2002 Value: II Market: $ 108,943.00 Taxable:$ 3,769.00
~=================::::::
2002 Taxes: II First Half$ 836.14 Second Half: $ 830.12
I~======2=0=0=2=P=ay=m=e=n=ts=l: II First Half$ 836.14 Second Half:$ 830.12
Page 1 of 1
His.t.Qr_y_De~.ill
Payoff Qe_tail
Total: $ 1,666.261
Total: $ 1,666.261
Geo Code: 06-0904-36-2-01-20-0001 Deed Book 2007 Page 112D Date 02/17/2000
Subdivision: Lot: 02A Block: 000
Twn, Rng, Sec:
Legal:
T 01 0 S, R OS 0 E, Sec. 36
TRACT2-A
IN NWl/4 361S SE 10.002AC
C OF S 2153
http://www.co.gallatin.mt.us/wcbtax/Detail.asp?Tax_ID=RFG21678 7/5/2003
ISSUED BY COMMITMENT FOR TITLE INSURANCE
@,wyerspde Insurance @P.2r~1~,2,U
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company, for valuable
consideration , hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
proposed Insured named in Schedule A , as owner or mortgagee of the estate or interest covered hereby in the land described
or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A
and 8 and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment
or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations
hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This
Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer
or agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
Attest: V J .Ji ... £? V d Secretary
___ ....,.,,,,,,,
--- 114SURA-tc
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By:
Conditions and Stipulations
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument.
President
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule 8
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for
any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall not relieve the Company
from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in under taking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule 8, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part
of this Commitment except as expressly modified herein.
4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out
of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be
based on and are subject to the provisions of this Commitment.
ALTA Commitment· 1966
Cover Page
Form 1 004-268 ORIGINAL
Issued from the
office of:
MONTANA TITLE
&
ESCROW
777 Main Street
Suite 101
Bozeman, MT 59715
Phone: (406) 587-7702
.@.myersfttle
Insurance @rpQ[~!~Q!!
ALTA CoMMITMENT
FoR TITLE INSURANCE
AMERICAN lANo TITLE AssociAT!oN
(1966)
IssuED Bv
~wyem ptle Jnsmance @P..9m.tJQ!!
H OMF. O FFICF.:
101 Gmeway Centre Parkway, Gateway One
Richmond, Virginia 23235-5153
1-800-446-7086
8 1004-268