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HomeMy WebLinkAbout013 Platting CertificateSUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY,LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Old Republic National Title Insurance Company,a Florida corporation,herein called the Company, GUARANTEES the Assured named in Schedule A,against actual monetary loss or damage not exceeding the liability amount of stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company. Issued by: _____________________________________________________ Authorized Signatory ORT Form 3796 (CLTA Guarantee (Rev.12/94) Guarantee SG SG-08016688 File Number: M-36498 Policy Issuer: MONTANA TITLE AND ESCROW, INC. 1925 N. 22ND AVENUE, SUITE 102 BOZEMAN, MT 59718 PHONE: (406) 587-7702 GUARANTEE CONDITIONS AND STIPULATIONS 1.Definition of Terms. The following terms when used in the Guarantee mean: a.the “Assured”:the party or parties named as the Assured in this Guarantee,or on a supplemental writing executed by the Company. b.“land”:the land described or referred to in Schedule (A)(C)or in Part 2,and improvements affixed thereto which by law consti- tute real property.The term “land”does not include any property beyond the lines of the area described or referred to in Schedule (A)(C)or in Part 2,nor any right,title,interest,estate or easement in abutting streets,roads,avenues,alleys,lanes, ways or waterways. c.“mortgage”:mortgage,deed of trust,trust deed,or other security instrument. d.“public records”:records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. e.“date”:the effective date. 2.Exclusions from Coverage of this Guarantee. The Company assumes no liability for loss or damage by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess- ments on real property or by the public records. (b)(1)Unpatented mining claims;(2)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(3)water rights, claims or title to water:whether or not the matters excluded by (1),(2)or (3)are shown by the public records. (c)Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee,or title to streets,roads,avenues,alleys,lanes,ways or waterways in which such land abuts,or the right to maintain therein vaults,tunnels,ramps or any other structure or improvement;or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)(1)Defects,liens,encumbrances,or adverse claims against the title,if assurances are provided as to such title,and as limited by such assurances. (2)Defects,liens,encumbrances,adverse claims or other matters (a)whether or not shown by the public records,and which are created,suffered,assumed or agreed to by one or more of the Assureds;(b)which result in no loss to the Assured;or (c)which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and pur- pose of assurances provided. 3.Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest,as stated herein,and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee.If prompt notice shall not be given to the Company,then all liability of the Company shall terminate with regard to the matter or matters for which such prompt notice is required;provided,however,that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by such failure and then only to the extent of the prejudice. 4.No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,notwithstanding the nature of any allegation in such action or proceeding. 5.Company’s Option to Defend or Prosecute Actions;Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a)The Company shall have the right,at its sole option and cost,to institute and prosecute any action or proceeding,interpose a defense,as limited in (b),or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein,or to establish the lien rights of the Assured,or to prevent or reduce loss or damage to the Assured.The Company may take any appropriate action under the terms of this Guarantee,whether or not it shall be liable here- under,and shall not thereby concede liability or waive any provision of this Guarantee.If the Company shall exercise its rights under this paragraph,it shall do so diligently. (b)If the Company elects to exercise its options as stated in Paragraph 5(a)the Company shall have the rights to select counsel of its choice (subject to the right of such Assured to object for reasonable cause)to represent the Assured and shall not be liable for and will not pay the fees of any other counsel,nor will the Company pay any fees,costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c)Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right,in its sole discretion,to appeal from an adverse judgment or order. (d)In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding,the Assured hereunder shall secure to the Company the right to prosecute or provide defense of any action or proceeding,and all appeals therein,and permit the Company to use,at its option,the name of such Assured for this purpose.Whenever requested by the Company,an Assured,at the Company‘s expense,shall give the Company all reasonable aid in any action or proceeding, securing evidence,obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein,or to establish the lien rights of the Assured.If the Company is prejudiced by the failure of the Assured to furnish the required cooperation,the Company’s obliga- tions to the Assured under the Guarantee shall terminate. 6.Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company,a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within 90 days after the Assured shall ascertain the facts giving rise to the loss or damage.The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or dam- age.If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage,the Company’s obligation to such assured under the Guarantee shall terminate.In addition,the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination,inspection and copying,at such reasonable times and places as may be designated by any authorized representative of the company,all records,books,ledgers,checks,correspondence and memoranda,whether bearing a date before or after Date of Guarantee,which reasonably pertain to the loss or damage.Further,if requested by any authorized representative of the Company,the Assured shall grant its permission,in writing,for any authorized represen- tative of the Company to examine,inspect and copy all records,books,ledgers,checks,correspondence and memoranda in the custody or control of a third party,which reasonably pertain to the loss or damage.All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is neces- sary in the administration of the claim.Failure of the Assured to submit for examination under oath,produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7.Options to Pay or Otherwise Settle Claims:Termination of Liability. In case of a claim under this Guarantee,the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee,or to pay the full amount of this Guarantee or,if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon,together with any costs,reasonable attorneys’fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase,payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder.In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase the indebtedness,the owner of such indebtedness shall transfer and assign said indebtedness,together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a)the Company’s obligation to the Assured under this Guarantee for the claimed loss or damage,other than to make the payment required in that paragraph,shall terminate,including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5,and the Guarantee shall be surrendered to the Company for cancellation. (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,together with any costs,attorneys’fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b)the Company’s obligations to the Assured under this Guarantee for the claimed loss or damage,other than to make the payment required in that paragraph,shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8.Determination and Extent of Liability. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described,and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a)the amount of liability stated in Schedule A; (b)the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee,as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations,at the time the loss or damage assured against by this Guarantee occurs,together with interest thereon;or (c)the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to the defect,lien or encumbrance assured against by this Guarantee. 9.Limitation of Liability. (a)If the Company establishes the title,or removes the alleged defect,lien or encumbrance,or cures the any other matter assured against by this Guarantee in a reasonably diligent manner by any method,including litigation and the completion of any appeals therefrom,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b)In the event of any litigation by the Company or with the Company’s consent,the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom, adverse to the title,as stated herein. (c)The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 10.Reduction of Liability or Termination of Liability. All payments under this Guarantee,except payments made for costs,attorneys’fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11.Payment of Loss. (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13.Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee,all right of subrogation shall vest in the Company unaf- fected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or prop- erty in respect to the claim had this Guarantee not been issued.If requested by the Company,the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation.The Assured shall per- mit the Company to sue,compromise or settle in the name of the Assured and to use the name of the Asured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,interest,and costs of collection. 13.Arbitration. Unless prohibited by applicable law,either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee,any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation.All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbi- trated at the option of either the Company or the Assured.All arbitrable matters when the Amount of Liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured.The Rules in effect at Date of Guarantee shall be binding upon the parties.The award may include attorneys’fees only if the laws of the state in which the land is located permits a court to award attorneys’fees to a prevailing party.Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdic- tion thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14.Liability Limited to this Guarantee;Guarantee Entire Contract. (a)This Guarantee together with all endorsements,if any,attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company.In interpreting any provision of this Guarantee,this Guarantee shall be construed as a whole. (b)Any claim of loss or damage,whether or not based on negligence,or any action asserting such claim,shall be restricted to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company. 15.Notices,Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to:Old Republic National Title Insurance Company,400 Second Avenue South,Minneapolis, Minnesota 55401,(612)371-1111. Subdivision Guarantee Schedules SUBDIVISION GUARANTEE SCHEDULE A Order No.:M-36498 Guarantee No.:SG-08016688 Date of Guarantee:January 11, 2023 at 7:30AM Amount of Liability:$200.00 Premium:$160.00 1.Name of Assured: The County of Gallatin and any City within which said subdivision is located. 2.Subdivision Map Reference: NEXUS POINT SUBDIVISION 3.The map referred to above recites that it is a subdivision of the following described Land: See Exhibit "A" Attached for Legal Description 4.ASSURANCES: According to the Public Records the only parties having any record title interest in the Land included within the exterior boundary shown on the map of the above referenced subdivision whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map are: Nexus Point, LLC, a Delaware limited liability company Issued By: Montana Title & Escrow, Inc. 1925 N. 22nd Avenue Bozeman, MT 59718 Agent ID: A25118 __________________________________ Authorized Countersignature Order No.: M-36498 Guarantee No.: SG-08016688 Subdivision Guarantee Schedules Subdivision Guarantee Exhibit "A" Legal Description LOT 1 OF MINOR SUBDIVISION NO. 235B, SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. THE ABOVE TRACT OF LAND IS TO BE KNOWN AND DESIGNATED AS NEXUS POINT SUBDIVISION, GALLATIN COUNTY, MONTANA. EXHIBIT "B" – EXCEPTIONS 1. GENERAL TAXES FOR THE YEAR 2023, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE. TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2022. PARCEL NO.: RGG7050 1ST INSTALLMENT: $ 52.10 PAID. 2ND INSTALLMENT: $ 52.10 PAID. 2. CITY TAXES, SPECIAL AND GENERAL, ASSESSMENT DISTRICTS AND SERVICE AREAS FOR THE YEAR 2022-2023. ACCOUNT NO. 211250. 1ST INSTALLMENT: $ 5,389.06 PAID. 2ND INSTALLMENT: $ 5,389.06 DUE AND PAYABLE AND WILL BE DELINQUENT IF NOT PAID ON OR BEFORE MAY 31, 2023. 3. NO LIABILITY IS ASSUMED FOR ANY SPECIAL ASSESSMENTS, SNOW REMOVAL, SEWER ASSESSMENT OR GARBAGE ASSESSMENT NOT SET FORTH IN THE ASSESSMENT BOOKS OF THE CITY OF BOZEMAN. 4. ALL RIGHTS, TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL OR OTHER HYDROCARBONS AND THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED TO EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES. (THIS COMMITMENT/POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING TO THE ABOVE REFERENCED RIGHTS.) 5. ANY PORTION OF THE PROPERTY LYING WITHIN THE BOUNDARIES OF ARNOLD STREET AND SOUTH 21ST AVENUE. 6. EASEMENTS FOR UTILITIES, DITCHES, STREAMS, CANALS, ROADS OR HIGHWAYS AS THEY MAY BE LOCATED OVER, ALONG, AND ACROSS THE SUBJECT PROPERTY, AS DISCLOSED IN DEED RECORDED JULY 31, 1998 IN FILM 187, PAGE 3438, OFFICIAL RECORDS. 7. RIGHT OF WAY EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY RECORDED APRIL 13, 1946 IN BOOK/VOL. 93, PAGE 244, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS. 8. EASEMENT AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED AUGUST 11, 1939, AS FILM/BOOK 82 OF DEEDS, PAGE 595, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS. 9. RIGHT OF WAY EASEMENTS FOR ELECTRIC POWER LINE AND COMMUNICATION SYSTEM AND INCIDENTAL PURPOSES, AS GRANTED TO THE MONTANA POWER COMPANY, RECORDED NOVEMBER 18, 1964, AS FILM/BOOK 146 OF DEEDS, PAGES 603, 604 AND 613, AND DEED CONVEYING ALL EXISTING EASEMENTS TO NORTHWESTERN CORPORATION RECORDED DECEMBER 4, 2002 AS DOCUMENT NO. 2089795, OFFICIAL RECORDS. 10. ANNEXATION AGREEMENT SETTING FORTH TERMS RECORDED MAY 2, 2006 AS DOCUMENT NO. 2226694, OFFICIAL RECORDS. 11. TERMS, CONDITIONS AND PROVISIONS OF COMMISSION RESOLUTION NO. 3905 RECORDED MAY 3, 2006 AS DOCUMENT NO. 2226837, OFFICIAL RECORDS. 12. NOTATIONS, EASEMENTS AND ALL OTHER MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF CERTIFICATE OF SURVEY NOS. 1969 AND 2029, MINOR SUBDIVISION NO. 235, AND AMENDED PLAT MINOR SUBDIVISION NO. 235B, ON FILE AND OF RECORD WITH THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA. 13. THE EFFECT OF, IF ANY, OF MEADOW CREEK PAYBACK AGREEMENTS RECORDED MARCH 6, 2008 AS DOCUMENT NOS. 2293491, 2293492, AND 2293493, AND AMENDMENTS RECORDED AS DOCUMENT NOS. 2374741, 2374742, AND 2374743, OFFICIAL RECORDS. 14. PUBLIC STREET AND UTILITY EASEMENT AS GRANTED TO THE CITY OF BOZEMAN RECORDED MARCH 6, 2007 AS DOCUMENT NO. 2258762, OFFICIAL RECORDS. 15. COMMISSION RESOLUTION NO. 4017 OF THE CITY COMMISSION OF THE CITY OF BOZEMAN RECORDED JANUARY 27, 2011 AS DOCUMENT NO. 2380903, OFFICIAL RECORDS. 16. TERMS, CONDITIONS AND PROVISIONS OF GENESIS BUSINESS PARK TWO ANNEXATION AGREEMENT RECORDED JANUARY 27, 2011 AS DOCUMENT NO. 2380904, OFFICIAL RECORDS. 17. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION UNNAMED TRIBUTARY OF EAST CATRON RECORDED MARY 21, 2013 AS DOCUMENT NO. 2449987, OFFICIAL RECORDS. 18. DEED RESTRICTION UNNAMED TRIBUTARY OF EAST CATRON, RECORDED NOVEMBER 18, 2019, AS DOCUMENT NO. 2664823, OFFICIAL RECORDS. 19. WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS FOR NEXUS POINT, RECORDED MAY 19, 2020 AS DOCUMENT NO. 2682118, OFFICIAL RECORDS. 20. PUBLIC PARK EASEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED OCTOBER 29, 2020 AS DOCUMENT NO. 2706610, OFFICIAL RECORDS. 21. PUBLIC STREET AND UTILITY EASEMENT AS GRANTED TO THE CITY OF BOZEMAN, RECORDED OCTOBER 29, 2020 AS DOCUMENT NO. 2706611, OFFICIAL RECORDS. 22. NOTATIONS, EASEMENTS, AND ALL OTHER MATTERS AS SHOWN ON THE PROPOSED PLAT OF NEXUS POINT SUBDIVISION. 23. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $19,920,000.00, DATED NOVEMBER 18, 2020, RECORDED DECEMBER 11, 2020, AS (INSTRUMENT) 2712079, OFFICIAL RECORDS. TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: MONTANA TITLE & ESCROW, INC. BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK 24. NOTICE OF RIGHT TO CLAIM A LIEN FILED BY TAYLOR METAL PRODUCTS C/O LEVELSET, RECORDED MAY 27, 2022, AS (INSTRUMENT) 2776878, OFFICIAL RECORDS. 25. DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $4,024,741.00, DATED JUNE 17, 2022, RECORDED JULY 1, 2022, AS (INSTRUMENT) 2779943, OFFICIAL RECORDS. TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: MONTANA TITLE & ESCROW, INC. BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK 26. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $951,775.00, DATED SEPTEMBER 23, 2022, RECORDED OCTOBER 4, 2022, AS (INSTRUMENT) 2788035, OFFICIAL RECORDS. TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: MONTANA TITLE & ESCROW, INC. BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK 27. CONSTRUCTION DEED OF TRUST TO SECURE AN INDEBTEDNESS OF $3,669,484.00, DATED NOVEMBER 14, 2022, RECORDED DECEMBER 9, 2022, AS (INSTRUMENT) 2792341, OFFICIAL RECORDS. TRUSTOR: NEXUS POINT, LLC, A DELAWARE LIMITED LIABILITY COMPANY TRUSTEE: MONTANA TITLE & ESCROW, INC. BENEFICIARY: FIRST SECURITY BANK, DIVISION OF GLACIER BANK *********************** END OF SCHEDULE B *********************** Placer Title Co., Centric Title and Escrow, Montana Title and Escrow, National Closing Solutions, National Closing Solutions of Alabama, National Closing Solutions of Maryland, North Idaho Title Insurance, Placer Title Insurance Agency of Utah, Premier Reverse Closings, Premier Title Agency, Texas National Title, Washington Title and Escrow, Western Auxiliary Corp., Wyoming Title and Escrow NOTICE AT COLLECTION AND PRIVACY POLICY Updated December 1, 2022 This Privacy Policy (“Policy”) describes how Mother Lode Holding Company and its subsidiaries and affiliates (collectively, “Mother Lode,” “we,” “us,” or “our”) collect, use, store, and share your information when: (1) when you access or use our websites, mobile applications, web-based applications, or other digital platforms where this Policy is posted (“Sites”); (2) when you use our products and services (“Services”); (3) when you communicate with us in any manner, including by e-mail, in-person, telephone, or other communication method (“Communications”); and (4) when we obtain your information from third parties, including service providers, business partners, and governmental departments and agencies (“Third Parties”). This Policy applies wherever it is posted. To the extent a Mother Lode subsidiary or affiliate has different privacy practices, such entity shall have their own privacy statement posted as applicable. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.mlhc.com/privacy-policy. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.mlhc.com/privacy-policy. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; (4) to subsidiaries and affiliates; and (5) for legal process and protection. To learn more about how we share your information, please visit https://www.mlhc.com/privacy-policy. How Do We Store and Protect Your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.mlhc.com/privacy-policy. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us privacy@mlhc.com or toll free at 1-877-626-0668 For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act and its implementing regulations (“CCPA”). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.mlhc.com/privacy-policy or by calling toll-free at 1-877-626-0668. Right to Correct. You have a right to request that we correct your personal information. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for correction, go to our online privacy policy at www.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.mlhc.com/privacy-policy or call toll-free at 1-877-626-0668. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.mlhc.com/privacy-policy or by calling toll-free at 1- 877-626-0668. Verification Process. For a request to know, correct or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale and Share. We have not sold or shared the personal information of California residents in the past 12 months. To the extent any Mother Lode affiliated entity has a different practice, it will be stated in the applicable privacy policy. We do not knowingly sell or share the personal information of any California resident under the age of 16. Right of Non-Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, Mother Lode will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, how we have used that information, and how we share that information, please see “California Privacy Rights Act and Disclosures” in https://www.mlhc.com/privacy-policy. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see “California Privacy Rights Act and Disclosures” in https://www.mlhc.com/privacy-policy. GRAMM-LEACH-BLILEY ACT PRIVACY POLICY NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) requires financial companies to provide you with a notice of their privacy policies and practices, such as the types of nonpublic personal information that they collect about you and the categories of persons or entities to whom it may be disclosed. In compliance with the Gramm-Leach-Bliley-Act, we are notifying you of the privacy policies and practices of: Mother Lode Holding Co. Montana Title and Escrow Co. National Closing Solutions, Inc. National Closing Solutions of Alabama National Closing Solutions of Maryland Premier Reverse Closings Centric Title and Escrow Placer Title Co. Placer Title Insurance Agency of Utah Premier Title Agency North Idaho Title Insurance Co. Texas National Title Western Auxiliary Corp. Wyoming Title and Escrow Co. The types of personal information we collect and share depend on the transaction involved. This information may include: Identity information such as Social Security number and driver's license information. Financial information such as mortgage loan account balances, checking account information and wire transfer instructions Information from others involved in your transaction such as documents received from your lender We collect this information from you, such as on an application or other forms, from our files, and from our affiliates or others involved in your transaction, such as the real estate agent or lender. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non-affiliates as permitted by law for our everyday business purposes, such as to process your transactions and respond to legal and regulatory matters. We do not sell your personal information or share it for marketing purposes. We do not share any nonpublic personal information about you with anyone for any purpose that is not specifically permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Questions about this notice and privacy policy may be sent to MLHC Counsel, Legal Dept., 1508 Eureka Rd., #130, Roseville, CA 95661 or privacy@mlhc.com. FACTS WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include: Social Security number and employment information Mortgage rates and payments and account balances Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Old Republic Title chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Old Republic Title share? Can you limit this sharing? For our everyday business purposes – such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes – to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes – information about your transactions and experiences Yes No For our affiliates’ everyday business purposes – information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share For non-affiliates to market to you No We don’t share Questions Go to www.oldrepublictitle.com (Contact Us) Who we are Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit http://www.OldRepublicTitle.com/privacy-policy How does Old Republic Title collect my personal information? We collect your personal information, for example, when you: Give us your contact information or show your driver’s license Show your government-issued ID or provide your mortgage information Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t I limit all sharing?Federal law gives you the right to limit only: Sharing for affiliates’ everyday business purposes – information about your creditworthiness Affiliates from using your information to market to you Sharing for non-affiliates to market to you. State laws and individual companies may give you additional rights to limit sharing. See the State Privacy Rights section location at https://www.oldrepublictitle.com/privacypolicy for your rights under state law. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies Our affiliates include companies with an Old Republic Title name, and financial companies such as Attorneys’ Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non-affiliates Companies not related by common ownership or control. They can be financial and non-financial companies. Old Republic Title does not share with non-affiliates so they can market to you Joint Marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. Old Republic Title doesn’t jointly market. Affiliates Who May be Delivering This Notice American First Title & Trust Company American Guaranty Title Insurance Company Attorneys' Title Fund Services, LLC Compass Abstract, Inc. eRecording Partners Network, LLC Genesis Abstract, LLC Guardian Consumer Services, Inc. iMarc, Inc.Kansas City Management Group, LLC L.T. Service Corp. Lenders Inspection Company Lex Terrae National Title Services, Inc. Lex Terrae, Ltd Mississippi Valley Title Services Company National Title Agent’s Services Company Old Republic Branch Information Services, Inc. Old Republic Diversified Services, Inc. Old Republic Escrow of Vancouver, Inc. Old Republic Exchange Company Old Republic National Ancillary Services, Inc. Old Republic National Commercial Title Services, Inc. Old Republic Title and Escrow of Hawaii, Ltd. Old Republic National Title Insurance Company Old Republic Title Company Old Republic Title Companies, Inc. Old Republic Title Company of Conroe Old Republic Title Company of Indiana Old Republic Title Company of Nevada Old Republic Title Company of Oklahoma Old Republic Title Company of Oregon Old Republic Title Company of St. Louis Old Republic Title Company of Tennessee Old Republic Title Information Concepts Old Republic Title Insurance Agency, Inc Old Republic Title, Ltd. RamQuest Software, Inc. Republic Abstract & Settlement, LLC Sentry Abstract Company Surety Title Agency, Inc. The Title Company of North Carolina Trident Land Transfer Company, LLC