HomeMy WebLinkAboutStory Mill Title Policy for City of Bozeman r
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Poky Number O\-t)MW372
Issued b. Old RCj)L1hhC N;,di01MI 'hjdC 111SUt"<al1 11)l�ta1ly
Any notice of claim and any other notice or statement in writing required to he g hvn to the (Wmpmy under this Policy must
be given to the(`ompalay at the address shOW n in SMIWn IN of the('onctftions,
(OVER") RISKS
TWIT TO THF 1 \('IJNR)\S FRW ('OVkRAW 11IF I'A(�-LPTIONS FROM COyERAGE ( O'xTAINFI) 1N S( HIIN&F
R. AND TIIF_ OI.D RHPITHIC NATIONAL 1`11 1 INSKRA\CL CONIPANY. a tyfinnesota corporation (the
Wompany-) insures, as of Dote of Policy and, to the extent stated in (Wand Rkks 9 and 10, after Date of Policy, agahm! loss or
dairaage, not exceeding HwArnou nt of Insurance,sustained or incurred by the Insured by reason of:
1. Title bang vested other than as stated in Schedule A.
2 Aq defect in or lien or encunnbrvu ce on the Title. This Covered Risk include?s No is not limited to irimn'ance against loss froru:
(a) A defect in the -1 uIC caused by
(if forgery, iratnd, undue influence,duress. incouapctency, incapacity,or impersonation;
(ii) failure of any person 01 h.11111 to hace aulhorized a triunsier or c m -eyaricc;
(in) a document afle.aJ p Title not properly created. executed, ccAwswl scaled,ackno%vQdg& mHaWed, or delivered;
(iv) failure to perfornn those aces ncccssaiy to create a document by elcoicnnic means authorized by law,
(v) a document executed uncles Nkined, expired, or otherwisc invalid power ofanonwy;
(vi) a document not properly filed, recorded, or uadcyed in do Public Rcrcords including, failurc to perform those acts by
eleeuonic means authorized by law;or
51) a defectW judicial or acirninistrative proceeding,.
(b) The lien of real estate taxes or assessments imposed on the I Al, by a Bova-mi cinal author ity due or payable, but unpaid.
(c) Any encroachment.. enctuanbraoce, violation., variation, or adverse circumst,.atue affecting the 'Title that would be disclosed by
an accurate and am pkic hand survey of the Land. ]'he rerun "encroachment" includes encroachments of crosiin,�
inll)rovcHWi is located on the Land onto adjoining land. and cncroac:hnnenis onto then Land of cxisling innpr over Iiaws located
on adjoining land.
_ L nmarketable Title.
-1. \o right of,access to and 1'10111 the Land.
I'he violation or enforcement of any law. ordinance, permit, or ,'govcrnnnental rchulation (including those relating, to building and
zoning) restricting" regulating,prohibiting . or relating to
(a) We occupancy, usn or enjoyment of the Land;
(b) the character, dinncrnsions. or location orally ir11111m nncnt elected on tile. Land,
(c) the subdivisions of land; in'
(d)cm nonin,cutal protearon
notice, desct thing any pars of the Land. is rvcordcd in tilt,, Puhh, Rec,orifs scukg forth Me Wailm or intention to enfow" Or
un1� to the extent of thc� v iolation or crnforcai ent referred to in that notice.
0 An�enf'orcen alt action based on the cxnckc or a governmental police power not covered by Covered Risk 5 if a notice of tlx.,
enforcement action, describing any part of the I and, is recorded in the Public: Records, but only to the extent of the e.ulinrcenneru
referred to in that notice.
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,
S Any taking by a govainn ntal body(hat has occtured and is binding on the rights of a purchaser for value "About hnowledgm
A ISO being vested other titan as stated in Schedule A or being dcbdhc
(1) as a result of the avoidance in Wic or in part, or from<a court order prov idill an alternative 1-cilwdy, of a transfer of all or
ally part of the title to or any interest in the Land occurring prior to the tansaction vestinwa A Ale as shown in Schedule !y
because that prior transfer constinned a fraudulent or preferential transfer under fccicial bankruptcy, state unsolvernc'y. or
sinnilar creditors, rights luvvs; or
0) because the insmunart of transfer vesting "title as shown in Schedule A constitutes a preferential transfer under federal
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bankruptcy, state inm veix y, or similar cr,;WoW tights la"A 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 judnment or lien creditor.
10. Any defect in or lien or encumbrance on the"rifle or other matter included in Covered Risks I through 9 that has been crated or
attached or has been filed or iveorded in the: Public Records subsequent to late of Policy and prior to the recording of the deed or
other it m inwria of transfer in the PrIfic Records that Nests"Title as shown in Schedule. A.
I he Company will also pay the costs, attoincys' i�tes. and expenses incurred in dclensv of ally matter insured against by this Polic: ,
but only to the exteua Inovidrd in the('onditions.
ISSllcd tlu'ourth the Uftlec of,' OLD REPUBLIC NATIONALTITLE INSURANU COMPANY
A Rock Company
400 Second Avenue South,Minneapolis,Minnesota 65407
(612,1371-7111
President
Authorized S moue
Attest � Se cretary
Security�litic ( ollipally-gf-Ioluolla - a�.®6�ar�a d0A
600 South IV"Avenue
l3ozcman, SIT 19718
ORS Form 4309
AI.TA Owner's Poli€y of"E'iltc InNurauce6-17-06 Page 2 of
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f,,X('LI Sl()"v1S I ROI I ('(>\'ERAGE
Ow foliimil g nrtatters are eVmssly excluded from die coy rage of this policy, and dw Company "A not pay loss or dam gn costs,
attowys' lees,or expenses that arise by reason of.
1. (a) Any law, ordinance, permit, or LOVCrnlllelltal Wz Ldation (including those i'Clalim, to building all(] Zoniw,') restricting, repilatillQ,
prohibiting,or rclatin>to
(i) the occupane:y,11SC, or cgjoyment Of the Land:
(ii) the character,dimensions,or location of any improvement erecmd on the Laud;
(iii) tile: subdivision of land; or
(ins) r.nvironnr°ntai protection,
or talc effect of any violation of these lags,ordinancos, or ";overnluenlal re�Oulations. '['his )HACIUsion 1(�I)does nol nr A if"y or
limit the cm,emge provided umkr CAvered Risk V
(b) Any goveinnicinal police power. 'T his LxC1usion 1(b)does not modify or limit the coverage provided under(Alvered Risk G.
?_ Rights of eminent dornAn. .this Exclusion does not modify or limit the coverage provided under('ovc red Risk: i or S.
3. DCI`cCts, liens, encumbral,ces, adverse claims, or other nlallels
(a) created. sunbred,assumed or agreed to by tile: Imuled Clainlant;
(b) not hntmrr to the Company, not recorded in the NOW Records at We ofPolicy. lint Kno w to the° Insured Claimant and not
disclosed in uritin,Y to the (` mpmny by the. Insured Clainlant prior to the date the Insured Claimant became an 1nSUrCd under
ON policy;
(c) resultin" in no to s or damaoc to the Insul d Clainlarw
(d) attaching or created subsequent to Date. of Policy (Ir ,wea\acr, this does not nw&Q or limit the coverage provided under
Coveted Risk 9 and 10p of
(c) resulting in loss or danla;g'e that wonid not hmv been sustained if the Insured Claimant had paid value for the Ede.
4 Any claim, by reason of the operation of federal btanknlincy,stater insolvency,or similar creditors° rights laws,that tile itatlsaction
vesting the Title as shown in Schedule A, is
(a)a fraudulent conveyance or n-auduRnt trcrosler,or
(b)a prel'eiential transfer for any reason not stated in( ered Risk 9 of thi s policy,
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attachinu betweon Date
of Policy and the date of recording of Me d"d In other instrument of transfer in the Public Records that vests"Title as sho"n it
Schedule A.
014T Form 4309
AI.T'A 0yv ncr'4 Polio of l itic Insurance 6-17-06 l%gc 3 of 7
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I. DEFINITION OF ERNIS
'Mlle following terms when used in this policy mean:
(a) `.Amount of Insurancen The amount stated m Schedule A, as may be increased or decreased by endorsement to thi,policy,
increased by Section Mb),or decreased by Sections 10 and I 1 of these ('ondlons.
('b) "Date of Policy': The date designated as`'Date ofI%Icy" in Schedule A.
(c) "I nhty": 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 distln"guisbe:d front purchase, including, heir;, devisees,
survivors, personal representatives, or next of kin;
(I3) succcssors to an Insured by dissolution, meager,consolidation, distribution,or nor ganizatioln;
(C) succcssors to an Insured by its conversion to another kind of Entity
at a grantee of an Insured under a deed ddivewd without payment of actual valuable consideration conve_ymg he Tile
(1) if the stock, shares, memberships, or who equity interests of the grantee are wholly owned by the nanwd
Insured,
(g) if Ire grantee wholly owns the named Insured,
(3) if the grantee is whollyowned by an affiliated Entity of the named Insured, provided the affiliated Entity and
We nanwd Insured an both whollpowned by the same person or Emay,or
(d) if tyre s,rantee is a trustee or beneficiary of a oust created by a wrinen instrument established by the Insured
named in Schedule A for estate planning Purposes.
(n) %Vith regard to (A), (13), (('), and at reservint„ ho"ever aH rights and defenses as to any successor that the C'tartapany
would have had against any predecessor Insured.
(c,) "Insured Claimant": An Insured claiming loss or danlagc.
(I j "fvwwiedge" or "Known". Acntal knowledge, not commike knowledge or notice that may be imputed to an Its;.rred by
reason of We Public Records or any other records that impart constrtuciive notice of matters affecthT the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term"I:wK
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 sweets, roads, avenues, alleys, lands ways, or waterways, but this does not modify or limit tlx: extent
that a right of access to and from the land is insured by this policy.
(h) "M ntg nge.": AQort�age, deed of trust.. trust (iced, or other security instrument, including once evidenced by electronic means
authorized by W.
0) "Public Records Records established under state statutes at Date of'POIR:y for the purpose of imparnng conswuctive notice of
matters relating, to real property to purchasers for value and without Knowledge. With respect to Cowered Risk >(d),"Public
Records" shall also include cmdronmasM prolcoWn liens filed in the records of the clerk of the t_-sited States Distli,t Court
I'm the district where the land is located.
(I)"Title": The estate or interest described in Schedule A.
(k) "LllnnWemble Title": 'Title affected by an allged or apparent matter that would permit a prospective purchaser or Isssee of
Ow Title or lender on the Title to be released froru the obligation to purchase, lease, or lend if We is a contracwal condition
requiring the delivery of marketable title.
2. ('()N'I INUA'I ION OF INSURAN('E
The cov craze of this policy shall continue in fierce 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 ohhp6on secured by a purchase money Mortgage given by a punch nscr from
the hnsure:d, or only so long as the Insured shall have liability by reason of warranties in my transfer or conveymwe of the Title.
This policy shall not continue in forge in favor of any purchaser from the: Insured of cithe.r(i) an estate or interest in the Land.or
(ii)an obligation secured by a purchase money Mortgaoe given to the Insured.
3. N()TWE OF('IAA tI TO BE GIVEN BY INSURED('I,AUNJANT
The Insured shall notify the Company promptly in writing (i) in case of any litkaabon as set forth in Section 5(a) of We
Conditions, 60 in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to thz "line,
as insmod, and that might cause loss or damage fir "W h this~C'onrpauy may be liable by virtue of this policy, or HO lee Title.
as insured, is rejected as Wmarkemble Ititle. 4 the ('onlpany is prejudiced by the failure of the Insured Claimant to Inovide
prornpt notice, the C'ompany's hability to the Insured Claimant under the policy shalt be reduced to the extent of the prejudice.
V PROOF OF 1,OSS
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 furnkh a signed proof of loss. The proof of IOSS must describe the defect, lien,
URT Form 4309
ALTA O"ner's Policy W T`N Immmme WIT06 Page 4 of
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encumbrance, or other matter insured agAnst by this pohq, that constitutes the basis or toss or damage and shall stag, to tic
extent possible, the basis; of calculating the amount of the Ion or damage.
w, DIS ENSE AND 1'ROSEC11'10N (.F AC"1'lC)NS
(a) t ipm) written request by the Insured,and subject to the options contained iti Section 7 of these Conditions, the C:onlpary.at its
own cost and widlout unrea unable delay, shall provide for the defense of an Imured in litigation in which any third party
asserts a c Arn covered by this policy adv ve to the hatued. TIN obligation is limited to only We stated causes of action
allewuirig m mers moved apinst by this policy. "Flee ('ompany shall have the right to select counsel of its choice (St(.ject to
the riLdv of the Insured to of jccl for reasonable cause) to represent the Insured as to those suitod causes of action. It shall not
be liable for and wfll not pay the fees of any other rouns;el_ The C`ortapany will not pay any fees., casts, er expenc. incurred
by (lie Insured in the defense of those causes of action that allege matters not insured against by Ibis policy.
(b) Ile Company shall have the righ, in addition to met optiolis contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action of procccdin or to do any other act that in its opinion may be necessary or desirable to
establish the Title,as insured, or to prc%'Cot or reduce loss or damage to the. insure& "l he Company may take any appropriate
action under the terms of this policy, whether m not it shall be liable to the Insured. The exercise of these rights shall not be
an admission of liability or waieer of ally provision of this policy. Ifthe (`ompany exercises its rl�ghts undel this stlhseetion.
it must do so diligently.
(c) AVheneeer (lie C ompany brings att aeaiom or asserts a de:lense as re.gt.tir if or perntittcd by this policy, the Company' ma.�pursue
the ltugalion to a final Cloteiininatiou by a court of cmMewrit jl.uriaknom <'tlul it expressly reserves the righ, in its We
discretion, to appeal any adv ej se judtinlent or order,
(a) In all cases where this policy permits or requires the C:"mqui-ty to prosecute or provide for the defense of any action of
piocce.ding and any appeals,this Insured shall secure to the Company the right to so prosecute°of provide dcfc;no in the action
Or pr0ceedin1-1, including the 6011 to use, at its option, the name of the lnsured for this purpose. Whenever requested by the
Company. (lie. Insured, at the Company's expense:, shall give the Company all reasonable; aid (0 in securing c%wence.
Obtaining witnesses, prosccutinkt or de ending the action or proceeding. Or effecting" settlement, and (it) in any other lawful
act that lit the opinion of the Company may he 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
hivired under the policy shall terminate, including any liability or obligmkn to defend,prosecute, or continue any h6 ation,
Wh regard to the matter or mau ss 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 fear examination, inspection, and copying, at such reasonable times and placers
as may be designated by the authorized lepresentadve of the Company, all records, in whatetier median rtlaintaine'd,
inetudin- books, led�mers.. checks, tile motalIda, correspondence, reports, e-mails, disks, tapes, and vWms whethor KmAg a
date before or after Oatc of policy, that reason ably pertain to the has or Quua c. Further, it-requested by any authorized
represc_ntative of the Company, tit(' insured Claimant shall gMut its pertrlissioll, in writing, for any authorized rep)cseutatiNT
of the Company to examino inspect, and copy all of one records in the custody or control of a third party that reasonably
pertain to the loss or danmge. All information desi-nated 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 Instated Clairant to submit for examination under oath, produce any
reasonably requested information, of grant petruission to ocure leasolaably, necessary lnfortuatloll from third parltes as
required in this subaectiolt, unless prohibited by law or governnlemal reptimot, shall terminate any liability of the Company
under this policy as to that claim.
7. OPTIONS TO PAY OR CI"IU3t:R IS1. :'9WALE CLAIMS; 'I'EWYJINA t't()N Of,' 1AAHII;ITY
In casc of a ; ailai under this pol ey,the Company shall have the Allow irlg additional options:
(a) 1'o pay or 'fender Payment of We ;amount of Insurance.
I'o pay or tender payment of the Amount of Insurance 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 or tendcl of pavnlerlt and
that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and obliptim s of the Company to the lima xi under this
policy. other than to make the payment required in this subs('coon, shall terminate, including ally liability or obligation to
defend, prosect-lte., or continue any Litigation.
(h) fo Pay or Otherwise Settle With Parties Oilier Than the Insured or With the: Insured Clafnlam.
5) 10 pay or otherwise: We with other parties for or in the name of all Insured Claimant any claim insured aggAnst under
this policy. In addition, the Company will pay any costs. attorneys' fears,and expenses incurred by the Insured Claimant
Am were authorized by the Company up to the tinge"payment and that the Company is obligated to pay; or
ORT Form 4309
AL A Omier's Policy of"t itle l moraocc G-t 7n06 page 5 of 7
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To pay or odner"ise settler with the Insured Clau7nant the On or damage provided for under this policy, togedier m ith any
Costs, attorneys fees,and expenses incurred by the Wind Claimant that were authorized by the Company up to the time
of pa,ymern and that the Company is obligated to pay.
Upon the exercise by the Coohpany of either of the options piovidcd rot in subsections (b)(i) or (ii), the Conipan_y'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 cm0mte any litigation_
8. DETERMINATION AND EX hEN I' W 1AA131Lr1 '
This policy is a contract of indemnity tgamst actual monetary On or Wage sustained or incurred by We ]nsured Claimant who
has suffered loss or damage by reason of matters insured aphist by this policy.
(a)The extem of liability of the Coml_hany for loss or damage, under finis policy shall not exceed the lesser of
('i) the Amount of Insurance;or
(u)- the difference bewen the value of the Title as insured and the value of the Title suNect to the risk insured against by
this policy.
(b) If the ('ompany pusucs its HgWs under Section 5 of these Conditions and is unsuccessful in establishing die"hide.,as instinct.
(0 the amount of Insurance shall be increased by 100 and
(it) the Insured Claimant shall have the riot to have the loss or damage determined either as of the date the claim was glade
by the Insured Claimant or as of the date it is settled 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 itt accordance V uh Sections 5 and 7 of these Conditions.
9. LINIITATION OF LIABILITY
(a) If the Company establishes the"rifle,or removes the alleged defect, lien,or encumbrance, or cures the lack of a right of access
to or from the (_and, or cures the claim of Unmarketable Title, all as insured, in a reasortably diligent manner by any method,
including litigation and the completion orally appeals, it shall have fully performed its obligations ce ith respect to tha( matter
and shall not be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, inclucfutg litigation by the Company or��ith the. Company's consent, tite Company shall have no
liability for loss or damage until thew has been a final detennnination by a court of competent jurisdiction, and disposition of
all appeals,adverse to the Title,as insured.
(e) Hic Company shall not be liable for On or dnmec to the Insured for liability voluntarily assumed by the. Insured in settling
any claim or suit without the prior wirtten c.onsc ni of the Company,
10, Itl?DUC'TION OF INSt!RA CLE IZEDIVTION ORTE101INAT1ON OF LIABILITY
All payments under this policy, except payments trade for costs, attorneys' fees, and expenses, shall reduce the Amount of
Insurance by the amount of the payment.
11. LIABILITY INO;"CUiNJULATIVE
fine Antonini of Insurance shall be reduced by any amount the Chnrpany pays under any policy insul-Mg a 11400gap to \Aich
exception is taken in Schedule 13 or to which the Inswed has a,.;recd, assumed, or taken subject, or which is executed by an
1nswed after Date or Policy and which is a charge or lien on the Bile, and the amount so paid shall be deemed it payment to the
Insured under this policy,
11 PAYkIENT 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. lZIGHTS OF 1W('OVERY UPON PAYtIENT OR SETTLErNIEN'T
(a) \-Aa}ncnevcr the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of
the lnsurcd Claimant in theride and all other riglus and remedies in respect to the claim that the Insured C'laimaru 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 evidmwe the transfer to the
Company of these rights and mmedw The Insured Claimant shall permit the Company to sue, Coll 1pronnise, or settle in the
name of the Insured Chirimm and to use tine name of the insured Claimant i❑ any transaction Or litigation involving these
ritrhts and remedies.
Ifs a payment on account of aI claim dows not fully cover the On 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,nomithstanding any tertnns or conditions contained I low instruments that address subrogation rights.
0101 Form 4309
M JA owner's 9'ol U of Title In immm 6-0416 Page of 7
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14, ARBITRATION
Either We Company or the hound nay don and that the claim or controversy shall be submitted to arbitration pursuant to the
TAR tosur live Arbitration Rules of the American Land Title Association ("Rules"), Except as prodded in the Rules, there shall
be no joinder e)r consolidation with claimm or UMUovcrsies of other persons. Albin able matters tray include but are no? bulked
to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any soTke it)
connection with its issuance or the breach of a policy provision,or to any whey controversy or claim arising out of the trarlsamon
givul rise to this policy. All arbinable nurners when the Amount of Insurance is �2,000,000 or less shall be arbitrated at the
option of either the Compaily or the Insured. All arbitrable- n)anei- whcn the Amount of Insurance is in excess of s;2,000,000
shall be arbitrated only when agreed to by both the Company and the Insured. Arbination pinsuant to this policy and widei the
Rules shall be binding upon the panics, Judrrilent upon the award rendered by the Arbitrators) nay he entered in any court of
C!011117etent.l nras(iietlot).
15. I.IAWLITYLINII'1EDTO THIS I'DUC` : POI.IS"i' ENTIRE
(`43t�"II2;�fi"T
j (a) This policy together "it all endorsan crits, if any anached to it by the: Company is the entire policy and coruracf helveen IN,,
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Insured and the(Ionlparry. In inte:Ipretirig any provision of this policy.this policy shalt be construed as a whole.
(b) Any claim of loss or damage that arises out of the status or Me TAR or by any action assenhy such clan shall be rest;ic ted to
this policy.
4) Any amendment of or endorsenlcnt to this policy nwg be in "Ahng and authenticated by an authorized person, or eeprc sly
incorporated by Schedule A of this policy.
IQ Facb eitdorsetmrnt to Its policy issued at any time is made a hart of this policy and is subject to all of its terms and provisions,
Be, as the eruhuscment expressly states, h does not (0 modify any of Me- terms and provisions of the policy, (ut inodify
any prior endorsellwnt, (in)extend the Date of Policy, or(iv) increase tl)er Anu>uult of Insurance..
10, SEVL.RAB11_,I`Y
In the cveat any provision of this policy„ in whole or in part, is held invalid or unenfi)rccable under applicable law. ill,, policy,
shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in 1511 force and
effect.
(a) Choice of Law: 'I'lie Insured acknowledges the Company has uAw written the risks emend by this policy and determined the
prelniun) charged therelur in reliance upon the lave affecting interests in real property and applicable to the itvcrpretatic�n.
rights, remedies,or cniorcement of policies of We insurance of the jurisdiction where the Land is located.
Therefore. file Court or an althmtor shall apply the law of the jurisdiction where tale Land is located to determine the validity
ofclaims against the TAR that an adversc to the Insured and to interpret and enforce the terms of this policy. In neiflier case
shall the court or arbitrator apply its conflicts of law principles to determine the applicable: law.
(b)Choice of horunt: Any litigation or other proceeding brought by the insured against the Conlpar)y must be file:(] only Al a state
or federal court xithin the: Failed States of America or its territories having appropriate jurisdiction.
18. NOTICES. WHERE SENT
Any notice of claim and any other notice or s(atemznt in wlitin, required to be ;given to the Company tinder this policy must bz
akin to the Company at-100 Second Avenue South. Wrteapolis, yliui)esota 55401-2499.
(WT Fmrm 4M9
1,LT;O 0eN ncCs Peelie) +ef`I'itic I nsurrance 6-f 7-06 Pap 7 of 7
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Old Republic Title Insurance Company AL TA Owner's Policy(6/17/06)
400 Second?ANenue South ORT Form 4309
Minneapolis,NIN 55401
SCHEDULE A
C111$1)2 policy CY ��� 00372 File No.:
Amount of Insurance: I Premium: 1C
Developer's Tate
Date of Policy: 12/28/2012 at 11:06AM
1. Name of Insured:
The Trust for Public Land,a California non-profit public benefit corporation
2. The estate or interest in the land which is covered by this policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
The Trust for Public Martel,a California non-profit public benefit corporation
1. The land referred to in this policy is described as follo�rs:
See Attached Exhibit A
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Parcel 1.
I ract 17, Northeast Axrne adorn,of the Correction Certificate of Survey No.2479A,
located in the NEE/4 of Section 6,Township 2 South,Range 6 Mast,M.M.M.,in the
Cite of Bozeman,Gallatin County, Montana,according to the official survey thereof
on file and of recordinthe office of the County Clerk and Recorder,Gallatin
aand as further on Certificate of Survey No.2547.County, Montana,.
Parcel It:
Tract I,of Certificate of Survey No. 2503,located in the NE 1/4 of Section 6 and the
N I/4 of Section 5,`Township 2 South,I�an�e�East,I'.�1, ,Gallatin County
Montana,according to the official survey thereof on file and of record in the office
of the County Clerk and Recorder,Gallatin County, Montana, and as farther shown
on Certificate of Survey No. 2547.
Marcel III:
Tract A,of Certificate of Survey Into. 2505,located in the NWI/4 of Section 5,
Township 2 South, Range 6 fast,M.1VI.M,,Gallatin Corrrrty, Montana, according to
the official sui-vey thereof on file and of record in the office of the County Clerk and
Recorder, Gallatin County, Montana,and as further shown on Certificate of Survey
No. 2547,
Marcel IV-
INTENTIONALLV DELETED
Marcel V:
INTENTIONALLV DELETED
Parcel VI:
Tract 213,of Certificate of Surrey No.2207B,located in the SEE/4 of Section 31,
Township I South, Range 6 East, P.M,M.,in the City of Bozeman,Gallatin County,
Montana,according to the official survey thereof on file and of record in the office
of the County Clerk and Recorder, Gallatin County, Montana,and as further shown
on Certificate of Survey No. 2547.
Marcel VIL
Tract 23A,of Certificate of Survey No. 1471, located in the SEI/4 of Section 31,
Township I South,Range 6 east, M.M.M,an(] the NEI/4 of Section 6,Township 2
South, Rance 6 East,M.M.M., in the City of Bozeman,Gallatin County,Montana,
according to the official survey thereof on file anti of record in tlae office of fire
County Clerk anti Recorder,Gallatin County,Montana,and as further shown on
Certificate of Survey No.2547.
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Farce€VIII.
Tract "K",of Certificate of Survey No. 1346, located in the SE1/4 of the SE1/4 of
Section 31,'Township 1 South,Mange 6 East,.P.M.M., in the City of Bozeman,
Gallatin County, Montana,according to the official survey thereof on file and of
record in the office of the County Clerk an(] Recorder,Gallatin County,Montana,
and as further shown on Certificate of Survey No. 2547.
Marcel IX:
t A tract of land in the. SE1/4SE1/4 of Sectionn 31,Township 1 South, Range 6 East,
P.I .M.,Gallatin County,Montana,and more particularly described as follows,to-
wit: Beginning at a point on the Westerly right of way line of the Chicago,
Milwaukee,St. Maul and Pacific Railway's Menard Branch,which point is North O1.
30'09" Vest on and along the East line of Section 31 a distance of 385.43 feet and
South 88 33'39" West, a distance of 126.05 feet from the Southeast corner of said
Section 31,thence South 88 33'39" West,a distance of 361.79 feet; thence South 81)
09'35" Vest, a distance of 141.89 feet; thence North 33 50' best,a distance of 639.5
feet to a point on the Southerly right of way of Bridger Canyon Road as now laid out
and constructed, which point is 70 feet Southerly when measured at right angles to
Centerline Curve Station 431-76.0; thence on and along the right of way cane-ve
hanging a radius of 1.076 feet and through a central angle of 7 30'14",a distance of
140.92 feet to the point of tangent of 5 00' cuiwe right; thence Forth 89 55' East on
and along said right of way a distance of 698.40 feet to a point on the.Westerly right
of way of the Chicago,Milwaukee,St. Paul ;and Pacific Railway Company's Menard
Branch; thence South 01 29'36" East along said Railroad right of way,a distance of
388.92 feet to a point 50.00 feet Westerly when anneasured at right angles to the
Railroad Centerline point of Cumature as Station 1200+71.90; thence along right of
way curve having a radians of 1482.50 feet and through a central angle of 04 33'46",
a distance of 118.05 feet to the point of beginning. According to Survey recorded in
Film 9,Page 1202. And as further shown on Certificate of Survey No. 2547.
AND a tract of land in Section 31,Township 1 South,Range 6 East,P.M.M.,
Gallatin County, Montana,and as described as follows: beginning at the Southeast
corner of said Section 31; thence North 1 30'09" West along the East line of said
Section 355.43 feet; thence South 88 3339" West a distance of 487.84 feet; thence
South 80 09'35" West,a distance of 141.89 feet to the true point of beginning; thence
South 80 09'3.5" West,a distance of 846.75 feet; thence North 39 11'06" Feast a
distance of 379.60 feet to a point on the Southerly right of way of Bridger Canyon
Road; thence North 50 4642" East,along said Southern right of way,a distance of
234.16 feet to PC Stations 37-43.8 A.H.; thence continuing along said right of way oil
a 5 curve to the right,a distance of 592.87 feet; thence South 33 50'00" East a
distance of638.55 feet to the true point of beginning, According to Survey recorded
in Filrnn 15,Page 681. And as further shown on Certificate of Survey No.2547.
Geed Reference: Film 151,Page 761)
T�
uj
Parcel X:
Tract A,of Certificate of Survey No J-42-B,being a boundary retraceuaeut of Tract
A,of the Subdivision Plat of Industrial Properties,located in the NEl/4 of Section 6,
Township 2 South,Range 6 East,P.M.M.,in the City of Bozeman,Gallatin County,
Montana,according to the official plat thereof on file and of record in the office of
the County Clerk and Recorder,Gallatin County,Montana. (Plat Reference: J-42a
Paarcel XI:
"Tract CI-A,of Certificate of Survey No. 1$77B,located in the NW'/of Section 5,
Township 2 South,Range 6 East, and the SWI/4 of Section 32,Township 1 South,
Range 6 fast, . M, ,Gallatin County, Montana,according to the official su"ey
thereof on file and of record in the office of the County Clerk and Recorder,
Gallatin County, Montana.
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calm Corn,4309
File No.: G 111 802 Policy No.: 0=800372
The policy does not insure against: loss or damage; (and the company Will not pay costs,
attorneys fees or expenses) which arise by reason of:
1. Taxes or assessments which .are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by' the public records.
1 Any facts, rights, interests,or chinas wwilch are not shown by the public records but
which could be ascertained by an inspection of said land or by making inquiry of person
in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public.
records.
4. Any encro6achmen , encumbrance violation, varrat%,or adverse clrculaastance
affecting the title including discrepancies, conflicts in boundary lines, shortage in area,
or any other facts that would be disclosed by an accurate and complete land sur%Ty of
Me land, and that are not shown in the pubHe records.
V (a) Unpatented ruining claims; (b) reservations or exceptions in patents or in Acts
authoridnl the issuance.thereof; (c) water rights, claims or title to water whether or not
the matters excepted under (a), (b),or (c) are shone by the public records.
6. Any lien, or right to a lien, for services,labor or material theretofore or hereafter
furnished, imposed by law and not shown by the public records.
Section Two:
1. Any right, title or interest in any minerals; mineral rights or related matters including but not
limited to metals, stone, arilt gas. coal, and other hydrocarbons,sand,gravel or other common
variety rnatcrials, wvhether or not shown by the public records.
2. General and special taxes and assessments for the year 2012 show paid.
3. Special Assessments levied by the City of Bozeman for Sweet Maintenance for the year
201 V2013 show paid.
4. Special Assessments levied by the City of Bozeman foi-Tree Maintenance for the year
20121201.3 show paid.
5. County road righwof-way not recorded and indexed as a conveyance in the office of the
Clerk and Recorder pursuant to Title-70, Chapter 21, M,C.A.
z
6. bight of\Vay for ditchea, creeks or canals as they may flow over, along and across subject
property, as disclosed by various instruments of record, including but not limited to Cocky
Crock,
7. All matter:,,, covenants, conditions, restrictions, casements and any rights, interests or claims
«,hWh may exist by reason thereof, disclosed by the recorded plat of C'crtificate of Survey,
recorded March 26, 1971 in hibi 9, Page 1202,records of Gallatin County, klontamq but
de-lcOng any covenant, condition or restriction indicating, a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin
to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). (Affect:;
Parcel IX)
8. All rnatter:s, covenants,conditions, restrictions, casements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat ofCertificatt' ofSurvey,
recorded August 15, 1972 in Film 15, Page 681, records of Gallatin County, Montana, but
-restriction indicOng; a pwIrence, hmitmion oi-
d4letln4 any COV`errant, cOndltlol1 Ol
discrimOtion based on race,color, religion,sex, handicap, familial status,or national origin
to the extent such covenants, conditions or restrictions violate 42 USC 3604(e). (Affects
Parcel IX)
9. All matters, covenants, conditions, restrictions, casernews and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of CCrtifcatC of Survey
No. 1346, recorded January 23, 1987, L3ocun= No. 167171, records ofGallatin County,
Montana, but deleting any covenant, condition or restriction indicating, a preference,
limitation or discrimination based on race;, color, religion, sex, handicap, familial status, or
national origin to the extent such covenants, conditions or restrictions violate 42 t;SC
3604(cy (Affects Parcel VII)
10. All matter_;, covenants, conditions, restrictions, eascinwits and any rights, interests or claims
vvltich may exist by reason thereof, disclosed Ili the recorded survey of Certificate of Survey
No. 1471, recorded April 12, 1889, Document No. 196775, records; of Gallatin County,
Montana, but deleting any covenant,condition or restriction indicating a pref-crence,
hmhation or discrimination based on race,color, religion, sex, handicap, familial status, or
national origin to the extenf such covenants, conditions or restrictions violate 42 USC
3604(c). (,affects Parcel VI)
11. All matters,covenants, conditions, restrictions easements and any rights, interests or claims
which may exist by reason thereof; disclosed by the recorded survey of 'ertificate of Survey
No. 1877, recorded March 21 1995, Document No. 302822, and Certificate of Survey No.
1877A, recorded April 12, 2001 ]document No. 2065891, records ofGallatin County,
Montana, but deleting any covenant,condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, handicap, farnilial status, or
national origin to the extent such covenant:,, conditions or restrictions violate 42 LIM
3604(cy (Anicis Parcel )(I)
r�
12. All matte-
is, covenants, conditions, restrictions, easements and any, riohts, interests or claims
,;rson Thereof, disclosed by the recorded survey ofC'ertiGcate of Survey which may exist by re
No. 2207, recorded December 26, 2000, Document No. 20273'73, ('ertilicate. of`Survey No.
2207A, recorded November 30, 2001, Document No. 2054248, and Certificate of'Survey No.
2207B, recorded November 10, 2005, Document No, 2209049, records of Gallatin County,
Montana, but deleting any covenant,condition or restriction indicating a preference,
limitation or discrimination based oil race,color, religion, sex, handicap, familial status, or
national origin to the extent such covenants, conditions or restrictions violate 42 t;SC
3604(c).
13. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of Certificate of Survey
No. 2479, recorded January 1 1,2005, Document No. 2175564, and Certificate.of Survey NO
2479A, recorded December 1, 2006, Document No. 2249887, records of'Gallatin County,
Montana, but deleting any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, rcli-ion, scx, handicap, familial status,or
national origin to the extent such covenants,conditions or restrictions violate 42 USC
3604(c). (Affects Parcel 1)
14. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of'Certilicate of Survey
No. 2503, recorded May 2, 2005, Document No. 2186359, records of Gallatin County,
Montana, but deleting any covenant, condition or restriction indicating a prefere.ncc,
limitation or discrimination based on race, color, religion, sex, handicap, familial status,or
national origin to tlae extent such covenants,conditions or restrictions violate 42 11SC
3604(c). (Affects Parcel 11)
15, All matters, covenants, conditions, restrictions,easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded survey of .'ertilicate of Survey
No. 2505, recorded Nlay 4, 2005, Document No. 2186655,records of Gallatin County,
Montana, but deleting any covenant,condition or restriction indicating a preference,
limitation or discrimination based on race,color,religion, sex, handicap, familial status, or
national oriuyin to the extent such covenants,conditions or restrictions violate 42 USC
3604(c). (Affects Parcel 111)
16. All matters,covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof'; disclosed by the recorded plat of Northe,:ast Annexation,
recorded under Plat No, J-20, records of Gallatin County, Montana, but deleting any,
covenant, condition or restriction indicatim, a preference, limitation or discrimination based
on race, color,religion, sex, handicap, familial status, or national origin to the:extent such
covenants,conditions or restrictions violate 42 USC 3604(c). (Affects Parcel 1)
17. All matters, covenants,conditions, restrictions, easements and any rights, interests or claims
which rnav exist by reason thereof, disclosed by the recorded survey of Certificate of Survey
No. 2547, recorded May 2, 2005, Document No. 2186359, records of Gallatin County,
Montana, but dcletino any covenant, condition or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status, or
national origin to ttte extent such covenants,conditions or restrictions violate 42 USC
3604(c).
18, All matters, covenants,conditions, restrictions, easements and any rights, interests or claims
may ex reason worded l)hIt 01'ludWS11-jal PrOI)COICS,
which m. exist by i ,oil thereof, disclosed by the i
recorded December 23, 1977, Plat Reference No. J-42, and CCI-tifiCOte of Survey No. J-42-B
(a rctracement of Tract A of Industrial Properties Subdivision), records of Gallatin County,
Montana,but deleting any covenant;condition or r n estrictio Indicating a preference,
limitation or discrimination based on race, color, religion, scX, handicap, taIllilial Status, Or
national origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c), (Affects Parcel X)
19, All matters, covenants,conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by file recorded survey ofAmended Certificatc
of'Survey No. 2643A, recorded Jamrar\ 26, 2012, DOCUnicril No. 2406739, records of
Gallatin County, Montana, but deleting any covenant, condition or restriction indicating a
-ence, limitation or discrimination based oil race, color, religion. sex, handicap, familial
resirl 1 1 4
status, or national origin to the extent such covenants, conditions, or ctions violate /2
USC 3604(c).
0, All matters, covenants, conditions, restri GO oils. easements and any rights, interests or claims
which may exist by reason thereof,disclosed by the recorded SUINCY OfTertifiCatC of Survey
No. I 877B, records of'Gallatin County, Montana, but deleting any covenant, condition or
restriction indicating-11 preference, limitation or discrimination based on race,color, rcligion,
sex, handicap, Familial status, or national origin to tile extent such covenants,conditions Or
restrictions violate 42 U'SC 3604(c). (Affects Parcel Xl)
21, Right of'\Vay granted to the Bozeman Water Works Company for its main pipes and hydrants
across the Northeast Quarter of'Section 6., Township 2 South, Range 6 Last, recorded .1mic,
26, 1890 in Book 8 of Deeds, Page 375, records of Gallatin County, \VMontana. (Affects
Parcel 1)
22 1 1 1 Terms, conditions, restrictions and all Other diSCIOSUreS contained in the Deed from Nelson
Story and Hen Story to Northern Pacific Railroad Company, recorded September 4, 1888 in
Book 15 of Deeds, Pca,-c 553, records ofGalkitill COUMV, Montana. (Affects Parcel Xl)
23. Terms and conditions of Easement granted to Bozeman Water Works Company Im a water
main, recorded Rule 12, 1889 in Book 17 of Deeds, Page 31, records of Gallatin County,
Montana, (Affects Parcel Xl)
4. Terms, conditions, restrictions and all Other dISCIOSUres contained in the Deed from Nelson
Story to Northern Pacific Railroad Company, recorded September 14, 1894 in Book 22 of
Deeds, Page 13, records of Gallatin County, Montana. (AfTects Parcel XI)
C�
25. Easement as contained in Deed, recorded July 24, 1912 in Book 46 of Deeds, Page 457,
records of-Gallatin County, Montana. (Affects Parcel Xl)
26, Reservation as set out in Quit Claim Deed, recorded October 24, 1919 in Book 60 ot'Deeds,
Page 597, records of'Gallatin County, Montana. (Affects Parcel Xl)
2T Right of Way Easement granted to William W. Staplin, recorded Moto 13, 1931 in Book I I
of N—liscellancous, Page 199, records of Gallatin County, Montana. (Affects Parcel Xl)
�9vxv'c+..e.�r..:u3�>�2�C'4"1�SfiisM:i.�k.^a�'a4��:�A?S�`��'S.Ss;� > .-,�:2�xkist'v'S,':v,-s'.�*":v3�2¢n, ai�:�7�:.Fz�"�s:3��.a.,kSsw,..':.WWI'^ d%o, .2sb3�iYr,4Yu',...a`..,ifs_.plc".�°:,...+LsluSwv3lcv.�x�s�'-,r�"'�'ihP �3"3ia��?.s�.s. .`FL..:�b2�t�'==.'b^.xefl2.uN.`rv. 1��✓,m`v*JY�c"Ls1°.��. !c'.3:n:.�z�
4
J
28. Easement granted to Northern Pacific Railway Cosllpany for Spur Track over and across said
land, recorded January 22, 1951 in Book 104 of Dccds, I'agc 308, records ofGallatin County,
Montana. (Affects Parcel XI)
29. Right of Way Deed,granted to Yellowstone Pipe Line Company, a Delaware corporation,
recorded December 4, 1953 in Book 1 13 of Deeds, Page 208, records ofGallatin County,
Montana. (Affects Parcel X)
30. Right of Way Easement granted to the Mountain States Telephone and Telegraph Co,,
recorded January 24, 1964 in Book 144 of Deeds, Page 510, records of Gallatin County,
Montana. (Affects Parcel XI)
31, Lasement as contained in Warranty Deed,recorded January 8, 1965 in Book 147 of Deeds,
Pave 184,records of Gallatin County, Montana. (Affects Parcel III)
32. Easement as set out and established in Warranty Deed, recorded June 27, 1967 in Book 154
of Deeds, Page 237, records ofGallatin County, Montana. (Affects Parcel V11)
33. Terms,conditions and provisions contained in Agreement by and between City of Bozeman
and Paul R. Cartcr providing for the connection with existing sewer lines ofthe City of
Bozernan and agreeing to pay all construction costs and charges, recorded February 15, 1972
in Film 13, Page 183, records of Gallatin County, Montana. (Affects Parcel 1)
34. Terms. conditions, restrictions and all other disclosures contained in the Agreement by and
between the City of Bozeman and Montana Industrial Development Corporation, recorded
February 15, 1972 in Film 13, Page 188, records of Gallatin County, Montana. (Affects
Parcel 1X)
35. Right of Way for gas line as disclosed by plat attached to Grant Deed, recorded December 27,
1971 in Film 12, Page 1064, records ofGallatin County, Montana,and also disclosed
instrcmlent, recorded February 3, 1984 in Film 81, Page 2420, records of Gallatin County,
Montana. (affects Parcel 1)
36. Easement and Right of Way Agreement for Sanitary Sewer Mann by and between Donald A.
Turner,Gene F Cook, Bobbie Corette and Carl Leh-kind, III and the City of Bozcmain for a
per-l)ctual easement and right of way for the purpose of installing, operating, using, repairing,
replacing,maintaining and removing a sanitary sewer upon and across said premises.
Recorded on February 3, 1984 in Film 81, Page 2420, records of Gallatin County, Montana.
(Affects Parcel I)
37. Right of Way Easement granted to The Montana Power Company, a corporation, recorded
June 18, 1985 in Film 88, Page 869,records of Gallatin County, Montana. (Affects Parcel
VI)
Deed conveying all existing easements from Northwestern Energy, L.L.C., formerly known
as The Montana Power, L.L.C., successor by merger to the remaining utility business of The
Montana Power Company to Northwestern C"7orporation, recorded December 4, 2002,
Document N'o. 2089795, records ofGallatin County, Montana.
38. Right of Way Fasement granted to The Montana Power Company,a corporation, recorded
December 16, 1985 in Film 90, Page 1665, records of Gallatin County, Montana.
i
k
Deed conveying all existing easements front Northwestern Energy, L.L.C., formerly known
as The Montana Powcr, L.L.C., successor by merger to the remaining utility business of'The
Montana Power Company to Northwestern Corporation, recorded December 4, 2002,
Document No. 2089795, records ofGallatin County, Montana,
39. Flight of Way Fasement granted to The Adontana Power Company, a corporation, recorded
February 24, 198Q in Film 90, Page 5432, records of Gallatin County, [Montana. (Affects
Parcel 111)
Deed conveyinr all existing e:,asemenN Rom Northwestern Energy, L.I_.C., formerly known
as Ile Montana Power, I,.L,C., successor by merger to the remaining utility business of"I'ht
Montana Power Company to Northwestern CoWoration, recorded December 4, 2002,
Document No. 2089795, records of Gallatin County, Montana.
41 Fight of Way Ememe.nt granted to be Montana flower Company,recorded September 8,
1986 in Film 91 Pare 33Q records of Gallatin County, Montana. (Affects Parcel XI)
Deed conveying all existing easements from NoNhvestern F�nergy, L..L.C'., formerly known
as The Montana Power, L,.l_.,C., successor by merger to the remaining utility business of`Fhe
Montana Power Company to Northwestern Corporation. recorded December 4, 2002,
Document No. 2089795, records ofGallatin County, Montana.
41. Terms, conditions and reservations contained in "Iarranty Deed, recorded November 22,
1988 in Film 103, Page 4085, records of Gallatin County, Montana, (Affects Parccls Ill and
XI)
42. Terms, conditions, restrictions and all other disclosures contained in the `story Mill
Annexation Agreement, recorded December 21 1995 in Film 159, Pare 1744, Document No.
317160, records of Gallatin County, Montana. (Affects Parcel XI)
43. Communications 1 ascrnent granted to Touch America, Inc., a Montana corporation. recorded
June 2, N97 in Film 173, Page .350C records of Gallatin County, Montana. (Affects Parcels
III and ) 1)
44. Terms,conditions, restrictions and all other disclosures contained in the MAter Pipeline and
Access Easement and Agreement, recorded December 24, 1997 in Film 180, Page 2, records
of Gallatin County, Montana. (Affects Parcel 1)
45. Terms, conditions, restrictions and all other disclosures contained in Water Pipeline and
Access Fascrnertt and Ar;recrncnt, recorded December 24, 1997 in Film 180, Page 7, record.,;
of Gallatin County, Mommns (Affects Parcel X)
46. Terms, conditions, restrictions and all other disclosures contained in the Public Access
Easement Agreement, recorded May 2.8, 19" in Film 198, Page 3920, Document No.
392011 records of Gallatin County, Montana. (Affects Parcel )(1)
IZ
47, Terms, conditions, restrictions and all other disclosures contained in the Easement
Agreement, eXCCLlICd by and between Boys and Girls C1111) 0fS0LIlh\VCSt Montana, and Vera
E. Henderson,1'rLJSteC of the Vera E. Henderson Family Trust, also sometimes known as the
Vera F. Henderson Revocable Trust of0ctober 16, 1997,and Carroll V. lielldel-SOH, TrLlStee
of the Carroll V- Henderson Family Trust., also sometimes known as the Carroll V.
Henderson Revocable'rrust of October 16, 1997, recorded November 30, 2001, Document
No. 2054252, records of Gallatin County, Montana. (Affects Parcel VI)
48. Terms, conditions, restrictions and all Other diSCIOSUIVS C011U611Cd in the COMIlliSSi011
Resolution No. 4071, re
corded October 9, 2007, Document No. 2281031, records ofGallatill County, Montana. (Affects Parcels 11 and 111)
49. Public Street and Utility Easement to The City off3ozeman. recorded October 9, 2007,
Document No, 228 1033, re
cords of Gallatill County, Montana, (Affects Parcel XI)
50. PLIWIC Street and Utility Easement to The City of Bozeman, recorded August 22, 2007,
Document No. 2276369, records of Gallatin ('01-111ty, Montana. (Aft'ects Parcel XI)
51. All matters, covenants. conditions, restrictions,easements and any rights, interests or claims
1,011ch Illay exist by reason thereof, disclosed by the recorded Certificate Of'Survey No. 2641,
records of Gallatin County, Montana,but deleting any covenant,condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent Such covenants, conditions or
restrictions violate 42 USC 3604(c), (Affects Parcel VI and IX)
END OF F"XCEPTIONIS