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HomeMy WebLinkAboutPlatting Certificate 09-24-2019 pS� A A'E RAC, Guarantee Face Page FirstAmerican Title", ISSUED BY First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-0011701 e Subdivision or Proposed Subdivision Guarantee IL C 'I .;w m First Ain erican Tide"m First American Title Insurance Company For Reference: File#: G181168 Loan #: - Dennis J.Gilmore Issued By: President Security Title Company of Montana Bo South 19th Avenue Bo eman- Jeffrey S.Robinson Secretary 1 This jacket was created electronically and constitutes an original document Form 5010500(7-1-14) Page 1 of 4 Guarantee Face Page—Exclusions,Conditions and Stipulations Policy#: 5010500-001170le SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects, liens, encumbrances, adverse claims or other Schedule A of this Guarantee,the Company assumes no liability matters affecting the title to any property beyond the lines of for loss or damage by reason of the following: the land expressly described in the description set forth in (a) Defects, liens, encumbrances, adverse claims or other Schedule (A), (C) or in Part 2 of this Guarantee, or title to matters against the title, whether or not shown by the streets, roads, avenues, lanes, ways or waterways to which public records. such land abuts, or the right to maintain therein vaults, (b) (1) Taxes or assessments of any taxing authority that tunnels, ramps or any structure or improvements;or any rights levies taxes or assessments on real property; or, (2) or easements therein, unless such property, rights or Proceedings by a public agency which may result in taxes easements are expressly and specifically set forth in said or assessments, or notices of such proceedings, whether description. or not the matters excluded under(1) or(2) are shown by (b) Defects, liens, encumbrances, adverse claims or other the records of the taxing authority or by the public records. matters, whether or not shown by the public records; (1) (c) (1) Unpatented mining claims; (2) reservations or which are created, suffered, assumed or agreed to by one or exceptions in patents or in Acts authorizing the issuance more of the Assureds; (2) which result in no loss to the thereof; (3)water rights, claims or title to water,whether or Assured;or(3)which do not result in the invalidity or potential not the matters excluded under(1), (2)or(3)are shown by invalidity of any judicial or non-judicial proceeding which is the public records. within the scope and purpose of the assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A. Schedule A of this Guarantee,the Company assumes no liability (d) The validity, legal effect or priority of any matter shown or for loss or damage by reason of the following:. referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 3. NO DUTY TO DEFEND OR PROSECUTE. The following terms when used in the Guarantee mean: The Company shall have no duty to defend or prosecute any (a) the"Assured": the party or parties named as the Assured in action or proceeding to which the Assured is a party, this Guarantee,or on a supplemental writing executed by the notwithstanding the nature of any allegation in such action or Company. proceeding. (b) "land": the land described or referred to in Schedule (A)(C) 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE or in Part 2, and improvements affixed thereto which by law ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. constitute real property. The term 'land" does not include Even though the Company has no duty to defend or prosecute as any property beyond the lines of the area described or set forth in Paragraph 3 above: referred to in Schedule(A)(C)or in Part 2,nor any right,title, (a) The Company shall have the right, at its sole option and interest, estate or easement in abutting streets, roads, cost, to institute and prosecute any action or proceeding, avenues,alleys,lanes,ways or waterways. interpose a defense, as limited in (b), or to do any other act (c) "mortgage": mortgage, deed of trust, trust deed, or other which in its opinion may be necessary or desirable to security instrument. establish the title to the estate or interest as stated herein,or (d) "public records": records established under state statutes at to establish the lien rights of the Assured, or to prevent or Date of Guarantee for the purpose of imparting constructive reduce loss or damage to the Assured. The Company may notice of matters relating to real property to purchasers for take any appropriate action under the terms of this value and without knowledge. Guarantee, whether or not it shall be liable hereunder, and (e) "date": the effective date. shall not thereby concede liability or waive any provision of 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. this Guarantee. If the Company shall exercise its rights An Assured shall notify the Company promptly in writing in case under this paragraph,it shall do so diligently. knowledge shall come to an Assured hereunder of any claim of (b) If the Company elects to exercise its options as stated in title or interest which is adverse to the title to the estate or Paragraph 4(a) the Company shall have the right to select interest,as stated herein,and which might cause loss or damage counsel of its choice (subject to the right of such Assured to for which the Company may be liable by virtue of this Guarantee. object for reasonable cause) to represent the Assured and If prompt notice shall not be given to the Company, then all shall not be liable for and will not pay the fees of any other liability of the Company shall terminate with regard to the matter counsel, nor will the Company pay any fees, costs or or matters for which prompt notice is required;provided,however, expenses incurred by an Assured in the defense of those that failure to notify the Company shall in no case prejudice the causes of action which allege matters not covered by this rights of any Assured unless the Company shall be prejudiced by Guarantee. the failure and then only to the extent of the prejudice. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final Form 5010500(7-1-14) Page 2 of 4 Guarantee Face Page—Exclusions,Conditions and Stipulations Policy#: 5010500-0011701e GUARANTEE CONDITIONS AND STIPULATIONS(Continued) determination by a court of competent jurisdiction and 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: expressly reserves the right, in its sole discretion, to appeal TERMINATION OF LIABILITY. from an adverse judgment or order. In case of a claim under this Guarantee,the Company shall have (d) In all cases where this Guarantee permits the Company to the following additional options: prosecute or provide for the defense of any action or (a) To Pay or Tender Payment of the Amount of Liability or to proceeding, an Assured shall secure to the Company the Purchase the Indebtedness. right to so prosecute or provide for the defense of any action The Company shall have the option to pay or settle or or proceeding, and all appeals therein, and permit the compromise for or in the name of the Assured any claim Company to use,at its option,the name of such Assured for which could result in loss to the Assured within the coverage this purpose. Whenever requested by the Company, an of this Guarantee,or to pay the full amount of this Guarantee Assured,at the Company's expense,shall give the Company or,if this Guarantee is issued for the benefit of a holder of a all reasonable aid in any action or proceeding, securing mortgage or a lienholder,the Company shall have the option evidence, obtaining witnesses, prosecuting or defending the to purchase the indebtedness secured by said mortgage or action or lawful act which in the opinion of the Company may said lien for the amount owing thereon, together with any be necessary or desirable to establish the title to the estate costs, reasonable attorneys'fees and expenses incurred by or interest as stated herein, or to establish the lien rights of the Assured claimant which were authorized by the the Assured. If the Company is prejudiced by the failure of Company up to the time of purchase. the Assured to furnish the required cooperation, the Such purchase, payment or tender of payment of the full Company's obligations to the Assured under the Guarantee amount of the Guarantee shall terminate all liability of the shall terminate. Company hereunder. In the event after notice of claim has 5. PROOF OF LOSS OR DAMAGE. been given to the Company by the Assured the Company In addition to and after the notices required under Section 2 of offers to purchase said indebtedness, the owner of such these Conditions and Stipulations have been provided to the indebtedness shall transfer and assign said indebtedness, Company, a proof of loss or damage signed and sworn to by the together with any collateral security, to the Company upon Assured shall be furnished to the Company within ninety (90) payment of the purchase price. days after the Assured shall ascertain the facts giving rise to the Upon the exercise by the Company of the option provided for loss or damage. The proof of loss or damage shall describe the in Paragraph (a) the Company's obligation to the Assured matters covered by this Guarantee which constitute the basis of under this Guarantee for the claimed loss or damage, other loss or damage and shall state, to the extent possible, the basis than to make the payment required in that paragraph, shall of calculating the amount of the loss or damage. If the Company terminate,including any obligation to continue the defense or is prejudiced by the failure of the Assured to provide the required prosecution of any litigation for which the Company has proof of loss or damage, the Company's obligation to such exercised its options under Paragraph 4, and the Guarantee Assured under the Guarantee shall terminate. In addition, the shall be surrendered to the Company for cancellation. Assured may reasonably be required to submit to examination (b) To Pay or Otherwise Settle With Parties Other Than the under oath by any authorized representative of the Company and Assured or With the Assured Claimant. shall produce for examination, inspection and copying, at such To pay or otherwise settle with other parties for or in the reasonable times and places as may be designated by any name of an Assured claimant any claim assured against authorized representative of the Company, all records, books, under this Guarantee, together with any costs, attorneys' ledgers, checks, correspondence and memoranda, whether fees and expenses incurred by the.Assured claimant which bearing a date before or after Date of Guarantee, which were authorized by the Company up to the time of payment reasonably pertain to the loss or damage. Further, if requested and which the Company is obligated to pay. by any authorized representative of the Company, the Assured Upon the exercise by the Company of the option provided for shall grant its permission, in writing, for any authorized in Paragraph (b) the Company's obligation to the Assured representative of the Company to examine, inspect and copy all under this Guarantee for the claimed loss or damage, other records, books, ledgers, checks, correspondence and than to make the payment required in that paragraph, shall memoranda in the custody or control of a third party, which terminate,including any obligation to continue the defense or reasonably pertain to the loss or damage. All information prosection of any litigation for which the Company has designated as confidential by the Assured provided to the exercised its options under Paragraph 4. Company pursuant to this Section shall not be disclosed to others 7. DETERMINATION AND EXTENT OF LIABILITY. unless, in the reasonable judgment of the Company, it is This Guarantee is a contract of Indemnity against actual monetary necessary in the administration of the claim. Failure of the loss or damage sustained or incurred by the Assured claimant Assured to submit for examination under oath, produce other who has suffered loss or damage by reason of reliance upon the reasonably requested information or grant permission to secure assurances set forth in this Guarantee and only to the extent reasonably necessary information from third parties as required in herein described, and subject to the Exclusions From Coverage the above paragraph, unless prohibited by law or governmental of This Guarantee. regulation, shall terminate any liability of the Company under this The liability of the Company under this Guarantee to the Assured Guarantee to the Assured for that claim. shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; Form 5010500(7-1-14) Page 3 of 4 Guarantee Face Page—Exclusions,Conditions and Stipulations Policy#: 5010500-0011701e GUARANTEE CONDITIONS AND STIPULATIONS(Continued) (b) the amount of the unpaid principal indebtedness secured by compromise or settle in the name of the Assured and to use the the mortgage of an Assured mortgagee, as limited or name of the Assured in any transaction or litigation involving provided under Section 6 of these Conditions and these rights or remedies. Stipulations or as reduced under Section 9 of these If a payment on account of a claim does not fully cover the loss of Conditions and Stipulations, at the time the loss or damage the Assured the Company shall be subrogated to all rights and assured against by this Guarantee occurs, together with remedies of the Assured after the Assured shall have recovered interest thereon;or its principal,interest,and costs of collection. (c) the difference between the value of the estate or interest 12. ARBITRATION. covered hereby as stated herein and the value of the estate Unless prohibited by applicable law, either the Company or the or interest subject to any defect, lien or encumbrance Assured may demand arbitration pursuant to the Title Insurance assured against by this Guarantee. Arbitration Rules of the American Arbitration Association. 8. LIMITATION OF LIABILITY. Arbitrable matters may include, but are not limited to, any (a) If the Company establishes the title, or removes the alleged controversy or claim between the Company and the Assured defect, lien or encumbrance, or cures any other matter arising out of or relating to this Guarantee, any service of the assured against by this Guarantee in a reasonably diligent Company in connection with its issuance or the breach of a manner by any method, including litigation and the Guarantee provision or other obligation. All arbitrable matters completion of any appeals therefrom, it shall have fully when the Amount of Liability is $1,000,000 or less shall be performed its obligations with respect to that matter and shall arbitrated at the option of either the Company or the Assured. All not be liable for any lass or damage caused thereby, arbitrable matters when the amount of liability is in excess of (b) In the event of any litigation by the Company or with the $1,000,000 shall be arbitrated only when agreed to by both the Company's consent, the Company shall have no liability for Company and the Assured. The Rules in effect at Date of loss or damage until there has been a final determination by Guarantee shall be binding upon the parties. The award may a court of competent jurisdiction, and disposition of all include attorneys' fees only if the laws of the state in which the appeals therefrom,adverse to the title,as stated herein. land is located permits a court to award attorneys' fees to a (c) The Company shall not be liable for loss or damage to any prevailing party. Judgment upon the award rendered by the Assured for liability voluntarily assumed by the Assured in Arbitrator(s) may be entered in any court having jurisdiction settling any claim or suit without the prior written consent of thereof. the Company. The law of the situs of the land shall apply to an arbitration under 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. the Title Insurance Arbitration Rules. All payments under this Guarantee, except payments made for A copy of the Rules may be obtained from the Company upon costs, attorneys' fees and expenses pursuant to Paragraph 4 request. shall reduce the amount of liability pro tanto. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE 10. PAYMENT OF LOSS. ENTIRE CONTRACT. (a) No payment shall be made without producing this Guarantee (a) This Guarantee together with all endorsements, if any, for endorsement of the payment unless the Guarantee has attached hereto by the Company is the entire Guarantee and been lost or destroyed, in which case proof of loss or contract between the Assured and the Company. In destruction shall be furnished to the satisfaction of the interpreting any provision of this Guarantee, this Guarantee Company, shall be construed as a whole. (b) When liability and the extent of loss or damage has been (b) Any claim of loss or damage, whether or not based on definitely fixed in accordance with these Conditions and negligence, or any action asserting such claim, shall be Stipulations, the loss or damage shall be payable within restricted to this Guarantee. thirty(30)days thereafter. (c) No amendment of or endorsement to this Guarantee can be 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. made except by a writing endorsed hereon or attached Whenever the Company shall have settled and paid a claim under hereto signed by either the President, a Vice President, the this Guarantee,all right of subrogation shall vest in the Company Secretary, an Assistant Secretary, or validating officer or unaffected by any act of the Assured claimant. authorized signatory of the Company. The Company shall be subrogated to and be entitled to all rights 14. NOTICES,WHERE SENT. and remedies which the Assured would have had against any All notices required to be given the Company and any statement in person or property in respect to the claim had this Guarantee not writing required to be furnished the Company shall include the number been issued. If requested by the Company, the Assured shall of this Guarantee and shall be addressed to the Company at First transfer to the Company all rights and remedies against any American Title Insurance Company, Attn: Claims National Intake person or property necessary in order to perfect this right of Center, 1 First American Way, Santa Ana, California 92707. subrogation. The Assured shall permit the Company to sue, Phone:888-632-1642. Form 5010500(7-1-14) Page 4 of 4 Guarantee Face Page—Exclusions,Conditions and Stipulations Form 1282 CLTA Guarantee Face Page GUARANTEE ORDER NO. G181168 FEE: S150.00 First American Title Insurance Company a corporation, herein called the Company GUARANTEES C & H Engineering and Surveying Inc. the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, Dated: 5/1 1/2018 at 7:30 a.m. First American Title Insurance Company AUTHORIZED SIGNATORY: P1-111 GUARANTEE FEE: $150.00 SUBDIVISION OR PROPOSED SUBDIVISION: GUARANTEE NO.: 5010500-0011701e Norton East Ranch Subdivision,Phase 5 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES: FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH GALLATIN COUNTY SUBDIVISION REGULATIONS, In a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the legal description: Lot R1 of Norton East Ranch Phase IIIA, 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-564) (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Gallatin County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Norton Properties, LLC; Washington Trust Bank; the City of Bozeman (B) Parties holding liens or encumbrances on the title to said lands are: 1. General and special taxes and assessments for the year 2018 which are a lien but not yet computed or payable. 2. General and special taxes and assessments for the year 2017; first installment shows paid in the amount of$270.95; second installment shows paid in the amount of$270.94. Parcel No. RGG67328. 3. Special Assessments levied by the City of Bozeman for Arterial & Collector. The first installment for the year 2017/2018 shows paid in the amount of$66.75. Second installment shows paid in the amount of$66.75. PI-111 4. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment for the year 2017/2018 shows paid in the amount of$191.30. Second installment shows paid in the amount of$191.30. 5. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment for the year 2017/2018 shows paid in the amount of$24.84. Second installment shows paid in the amount of$24.84. 6. DEED OF TRUST to secure an indebtedness and any other amounts and/or obligations secured thereby: Dated: February 25, 2015 Grantor: Norton Properties LLC Trustee: Mark C. Prothero, Attorney at Law Beneficiary: Washington Trust Bank Amount: $1,605,000.00 Recorded: March 9, 2015, Document No. 2505596, records of Gallatin County, Montana. (Includes this and other real property) Modification of Deed of Trust, recorded May 15, 2015, Document No. 251 1426, records of Gallatin County, Montana. (C) Easements, claims of easements and restriction agreements of record are: 1. Right of Way for ditches as disclosed by Deed, recorded December 2, 1890 in Book 17, Page 489, records of Gallatin County, Montana. 2. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Norton Ranch East Major Subdivision, Phase 3A, (Sidewalk Improvements), recorded June 30, 2015, Document No. 2516249, records of Gallatin County, Montana. 3. Terms, conditions, restrictions and all other disclosures contained in the Improvements Agreement for Norton Ranch East Major Subdivision, Phase 3A, (Street, landscape and open space improvements), recorded June 30, 2015, Document No. 2516250, records of Gallatin County, Montana. 4. Terms, conditions, restrictions and all other disclosures contained in the Covenant of Dedication, recorded May 14, 2008, Document No. 2299907, records of Gallatin County, Montana. 5. Terms, conditions, restrictions and all other disclosures contained in the Commission Resolution No. 4019, recorded June 29, 2007, Document No. 2271269, records of Gallatin County, Montana. 6. Public Street and Utility Easement to the City of Bozeman, recorded June 15, 2007, Docunent No. 2269583, records of Gallatin County, Montana. 7. Public Street and Utility Easement to the City of Bozeman, recorded June 15, 2007, Document No. 2269584, records of Gallatin County, Montana. 8. Public Street and Utility Easement to the City of Bozeman, recorded June 15, 2007, DOCUnent No. 2269586, records of Gallatin County, Montana. P1-1 I I First American Title Insurance Company AUTHORIZED SIGNATORY: Thomas A. Cahill PI-I I I