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HomeMy WebLinkAbout016 Amendment Platting CertificateReorder Form No. 9113 (Reprinted 11/03) Preliminary Subdivision Certificate of Title For Use In Montana PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. 7170-1-1S-14668-2021.7208926-223188209 CHICAGO TITLE INSURANCE COMPANY To the County of Gallatin and the city of Bozeman in Montana. CHICAGO TITLE INSURANCE COMPANY, a Florida corporation with its principal office in the City of Jacksonville, Florida and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 06/23/2023, at 5 o’clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Saccoccia Lands II, LLC, a Montana limited liability company subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $200. This certificate of title is made in consideration of the payment of the premium by the subdivider of the land for the use of the County and City above named. Authorized Officer or Agent Wendy K. Schlosser American Land Title Company of Montana 1800 W Koch St, Suite 1 Bozeman, MT 59715 Tel:406-587-5563 Fax:406-587-8038 __________________________________ Authorized Signatory Wendy K. Schlosser SCHEDULE A Policy Number:7208926-223188209 Platting Certificate 1S-04668 Order No.:1S-04668 Liability: $200.00 Fee: $160.00 Dated:June 23, 2023 at 05:00 PM. Assured:The County of Gallatin and in the City of Bozeman in Montana. The assurances referred to on the face page hereof are: That, according to the public records which, under the recording laws, impart constructive notice of matters relative to the following described real property: Minor Subsequent Subdivision of Lot 2A of the Corrected Amended Plat of Minor Subdivision 407C of Lots 1 and 2 of the Saccoccia Minor Subdivision 407, located in the NW¼ of Section 1, Township 2 South, Range 5 East, P.M.M., City of Bozeman. Gallatin County, Montana. The above-described tract of land is to be known and designated as "Minor Subdivision No.____",City of Bozeman, Gallatin County, Montana. Title to said real property is vested in:Saccoccia Lands II, LLC, a Montana limited liability company Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their property. Exceptions: 1.Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 2.Any right, title, or interest in minerals in or under said land including, but not limited to, metals, oil, gas, coal, other hydrocarbons, sand gravel or other common variety materials, stone, mineral rights, mining rights, easement rights, water rights, claims or title to water or other matters relating thereto, whether expressed or implied and whether or not shown by the public records. 3.Taxes for the year 2023 and subsequent years. Taxes for the year 2022 are paid. Taxes for the year 2023 are a lien not yet due or payable. (Taxes for the year 2022 - first half - $23.94, second half - $23.93. Parcel No. RGG58591) SCHEDULE A Policy Number:7208926-223188209 Platting Certificate 1S-04668 4.Special assessments levied by the City of Bozeman for 2022-2023 under Account No. 120370: First Half: Parks & Trails District. Arterial & Collector. Street Maintenance. Tree Maintenance. First Half Amount: $543.26. Installment is paid. Second Half: Parks & Trails District. Arterial & Collector. Street Maintenance. Tree Maintenance. Second Half Amount: $543.26. Installment is paid. 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. 5.Easements, Covenants, Conditions and Restrictions, recorded February 9, 2004 as Document No. 2139990 and re-recorded October 24, 2005, as Document No. 2206704 and recorded October 27, 2005, as Document No. 2207231. First Amendment recorded October 27, 2005, as Document No. 2207232. Third Amendment recorded June 8, 2007, as Document No. 2268753, Partial Termination of Easements, Covenants, Conditions and Restrictions recorded October 27, 2005, as Document No. 2207198, records of Gallatin County, Montana, but omitting covenants or restrictions, if any, based on race, color, religion, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. 6.Right of Way Easement to The Montana Power Company recorded September 21, 1973 in Film 21, page 582, records of Gallatin County, Montana, including the terms and provisions therein. 7.Right of Way Easement to The Montana Power Company, recorded April 21, 1982 in Film 69, page 658, records of Gallatin County, Montana, including the terms and provisions therein. 8.Perkins, Saccoccia and Tschache Annexation Agreement dated January 26, 1987 and recorded July 15, 1987 in Film 98, page 68, records of Gallatin County, Montana, including the terms and provisions therein. 9.Release and Reconveyance of Easements from City of Bozeman to Philip Saccoccia, Jr., dated May 20, 1996 and recorded November 25, 1996 in Film 168, page 3073. Release and Reconveyance of Easement(s) recorded March 26, 2004, as Document No. 2144534 and November 22, 2004, as Document No. 2170762, records of Gallatin County, Montana, including the terms and provisions therein. 10.Saccoccia Annexation Agreement dated September 28, 1987 and recorded October 2, 1987 in Film 99, page 120, records of Gallatin County, Montana, including the terms and provisions therein. 11.Conditions of Approval for Conditional Use Permit, recorded February 9, 2004 as Document No. 2139991, records of Gallatin County, Montana, including the terms and provisions therein. SCHEDULE A Policy Number:7208926-223188209 Platting Certificate 1S-04668 12.Public Street and Utility Easement recorded March 12, 2004 as Document No. 2143197, records of Gallatin County, Montana, including the terms and provisions therein. 13.Easements for Access recorded April 20, 2004 as Document No. 2147261, records of Gallatin County, Montana, including the terms and provisions therein. 14.Partial Termination of Easements, Covenants, Conditions and Restrictions recorded October 27, 2005 as Document No. 2207198, records of Gallatin County, Montana, including the terms and provisions therein. 15.Overhead Electric Powerline Easement recorded October 27, 2005, as Document No. 2207199, records of Gallatin County, Montana, including the terms and provisions therein. 16.Notice of Buildings Permit Restrictions Saccoccia Minor Subdivision, recorded June 8, 2007, as Document No. 2268750, records of Gallatin County, Montana, including the terms and provisions therein. 17.Saccoccia Improvements Agreement recorded June 8, 2007 as Document No. 2268751, records of Gallatin County, Montana. Assignment of Improvements Agreement recorded June 8, 2007, as Document No. 2268749, records of Gallatin County, Montana, including the terms and provisions therein. 18.Waiver of Right to Protest Creation of Park Maintenance District Saccoccia Minor Subdivision, recorded June 8, 2007, as Document No. 2268752, records of Gallatin County, Montana, including the terms and provisions therein. 19.Irrevocable Offer to Dedicate Constructed Infrastructure underlying Utility Easements, recorded August 22, 2007, as Document No. 2276370, records of Gallatin County, Montana, including the terms and provisions therein. 20.Sewer and Water Pipeline and Access Easement and Agreement, recorded August 22, 2007, as Document No. 2276371, records of Gallatin County, Montana, including the terms and provisions therein. 21.All easements, notations, certificates, conditions and disclosures as contained on the recorded plats, records of Gallatin County, Montana, as set forth below: a. Certificate of Survey No. 1215. b. Certificate of Survey No. 1215A. c. Certificate of Survey No. 1215C. d. Certificate of Survey No. 1215E. e. Certificate of Survey No. 1215G. f. Minor Subdivision No. 407. g. Minor Subdivision No. 407B. h. Minor Subdivision No. 407C. 22.Public Street Easement to the City of Bozeman, recorded May 5, 2015, as Document No. 2505421, records of Gallatin County, Montana, including the terms and provisions therein. 23.Declaration of Reciprocal Access and Parking Easement recorded May 29, 2015, as Document No. 2512739, records of Gallatin County, Montana, including the terms and provisions therein. 24.Sewer, Water and Access Easement and Agreement recorded July 27, 2015, as Document No. 2518681, records of Gallatin County, Montana, including the terms and provisions therein. 25.Water Pipeline and Access Easement and Agreement recorded March 25, 2022, as Document No. 2676778, records of Gallatin County, Montana, including the terms and provisions therein. SCHEDULE A Policy Number:7208926-223188209 Platting Certificate 1S-04668 26.Waiver of Right to Protest Creation of Special Improvements Districts for the Home 2 Hotel, recorded May 5, 2022, as Document No. 2774844, records of Gallatin County, Montana, including the terms and provisions therein. 27.Notice of The Right to Claim a Lien, filed by Anderson Steel Supply, Inc. on March 23, 2023, as Document No. 2797777, records of Gallatin County, Montana. 28.Notice of The Right to Claim a Lien, filed by Walker Excavation, Inc. on March 31, 2023, as Document No. 2798294, records of Gallatin County, Montana. 29.Notice of The Right to Claim a Lien, filed by Vemco, Inc. on April 14, 2023, as Document No. 2798970, records of Gallatin County, Montana. 30.Public Access Easement to the City of Bozeman, a Municipal Corporation of the State of Montana, recorded May 10, 2023, as Document No. 2800703, records of Gallatin County, Montana, including the terms and provisions therein. 31.Public Access Easement to The City of Bozeman, a Municipal Corporation of the State of Montana, recorded May 10, 2023, as Document No. 2800705, records of Gallatin County, Montana, including the terms and provisions therein. 32.Public Access Easement to the City of Bozeman, a Municipal Corporation of the State of Montana, recorded May 10, 2023, as Document No. 2800706, records of Gallatin County, Montana, including the terms and provisions therein. 33.Deed of Trust from Saccoccia Lands II LLC to American Land Title Company, as Trustee, and Stockman Bank of Montana, as Beneficiary, in the amount of $16,635,574.63, dated May 3, 2023 and recorded May 25, 2023, as Document No. 2801802, records of Gallatin County, Montana. 34.Notice of The Right to Claim a Lien, filed by Agra Tech, LLC on June 13, 2023, as Document No. 2803021, records of Gallatin County, Montana. 35.Corporate Utility Right-of-Way Easement to Northwestern Corporation, a Delaware corporation, d/b/a Northwestern Energy, recorded June 19, 2023, as Document No. 2803409, records of Gallatin County, Montana, including the terms and provisions therein. 36.No search has been made for unpatented mining claims; reservations or exceptions in the United States Patents or in acts authorizing the issuance thereof; water rights; claims or title to water. Any liability thereon is excluded from coverage of this certificate. END OF SCHEDULE A Platting Certificate 1S-04668 Guarantee Conditions and Stipulations (12/15/95) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1.Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: a.Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. b.(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. c.(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 under (1), (2) or (3) are shown by the public records. 2.Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: a.Defects, liens, encumbrances, adverse claims or other matters affecting the 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, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. b.Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. c.The identity of any party shown or referred to in Schedule A. d.The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (Continued) Platting Certificate 1S-04668 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 constitute 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.Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case 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 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 the failure and then only to the extent of the prejudice. 3.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. 4.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 3 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 hereunder, 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 4(a) the Company shall have the right 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. (Continued) Platting Certificate 1S-04668 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 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, an Assured shall secure to the Company the right to so prosecute or provide for the 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 obligations to the Assured under the Guarantee shall terminate. 5.Proof of Loss or Damage. In addition to and after the notices required under Section 2 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 ninety (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 damage. 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 representative 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 necessary 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. (Continued) Platting Certificate 1S-04668 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 6.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 said 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 4, 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 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 4. 7.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 From Coverage of This Guarantee. 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 or in Part 2; b.the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 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 any defect, lien or encumbrance assured against by this Guarantee. (Continued) Platting Certificate 1S-04668 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 8.Limitation of Liability. a.If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures 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 damage 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. 9.Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys’ fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10.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 thirty (30) days thereafter. 11.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 unaffected 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 property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured 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 permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured 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. (Continued) Platting Certificate 1S-04668 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) 12.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 arbitrated 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 jurisdiction 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. 13.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. 14.Notices, Where Sent. All notices required to be given to the Company and any statement in writing required to be furnished to the Company shall include the number of this Guarantee and shall be addressed to CHICAGO TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. Effective January 1, 2023 Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved. 1S-04668 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2023 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. 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The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email:aginquiries@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. For Virginia Residents: For additional information about your Virginia privacy rights, please email privacy@fnf.com or call (888) 714-2701. Effective January 1, 2023 Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved. 1S-04668 Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at Privacy@fnf.com, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer