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HomeMy WebLinkAboutProposed Athletic Complex Bond Form 5011400(7-1-14) ALTA Owner's Policy of Title Insurance(6-17-06) Owner's Policy of Title Insurance ISSUED BY First American Title First American Title Insurance Company , ite POLICY NUMBER 5011400-488361-BZ Owner's Policy -------- ____------- ---- -- ---.---_.----_. ._- .--- Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE'B, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10,after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud,undue influence, duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed, acknowledged,notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Time Insurance Company a n4=is J r. tImolr< President g4u ' rA" dst-c9'7 ,lefirey S R:otimson SeCreim (This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited.Reprinted under license from the American Land Title Association COVERED RISKS(Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting, or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy,of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of Records at Date of Policy,but Known to the Insured Claimant this policy, and the Company will not pay loss or damage, costs, and not disclosed in writing to the Company by the Insured attorneys'fees,or expenses that arise by reason of: Claimant prior to the date the Insured Claimant became an 1. (a) Any law, ordinance, permit, or govemmentai regulation Insured under thisoli P cY; (including those relating to building and zoning)restricting, (c) resulting in no loss or damage to the Insured Claimant; regulating,prohibiting,or relating to (d) attaching or created subsequent to Date of Policy (however, (i) the occupancy,use,or enjoyment of the Land; this does not modify or limit the coverage provided under (ii) the character, dimensions, or location of any Covered Risk 9 and 10);or improvement erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land;or sustained if the Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or insolvency, or similar creditors' rights laws, that the transaction governmental regulations. This Exclusion 1(a) does not vesting the Title as shown in Schedule A,is modify or limit the coverage provided under Covered Risk 5 (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) does (b) a preferential transfer for any reason not stated in Covered not modify or limit the coverage provided under Covered Risk 9 of this policy. Risk 6. 5. Any lien on the Title for real estate taxes or assessments imposed 2. Rights of eminent domain. This Exclusion does not modify or by governmental authority and created or attaching between Date limit the coverage provided under Covered Risk 7 or 8. of Policy and the date of recording of the deed or other instrument 3. Defects, liens,encumbrances,adverse claims,or other matters of transfer in the Public Records that vests Title as shown in (a) created, suffered, assumed, or agreed to by the Insured Schedule A. Claimant; (b) not Known to the Company,not recorded in the Public CONDITIONS 1. DEFINITION OF TERMS notice of matters relating to real property to purchasers for The following terms when used in this policy mean: value and without Knowledge. With respect to Covered Risk (a) "Amount of Insurance": The amount stated in Schedule A, 5(d), "Public Records" shall also include environmental as may be increased or decreased by endorsement to this protection liens filed in the records of the clerk of the United policy, increased by Section 8(b), or decreased by Sections States District Court for the district where the Land is located. 10 and 11 of these Conditions. (j) "Title":The estate or interest described in Schedule A. (b) "Date of Policy":The date designated as"Date of Policy"in (k) "Unmarketable Title": Title affected by an alleged or apparent Schedule A. matter that would permit a prospective purchaser or lessee of (c) "Entity": A corporation, partnership, trust, limited liability the Title or lender on the Title to be released from the company, or other similar legal entity. obligation to purchase, lease, or lend if there is a contractual (d) "Insured":The Insured named in Schedule A. condition requiring the delivery of marketable title. (i) The term"Insured"also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by The coverage of this policy shall continue in force as of Date of operation of law as distinguished from purchase, Policy in favor of an Insured, but only so long as the Insured including heirs, devisees, survivors, personal retains an estate or interest in the Land, or holds an obligation representatives,or next of kin; secured by a purchase money Mortgage given by a purchaser from (B) successors to an Insured by dissolution, merger, the Insured, or only so long as the Insured shall have liability by consolidation,distribution,or reorganization; reason of warranties in any transfer or conveyance of the Title. (C) successors to an Insured by its conversion to This policy shall not continue in force in favor of any purchaser another kind of Entity; from the Insured of either(i) an estate or interest in the Land, or (D) a grantee of an Insured under a deed delivered (ii) an obligation secured by a purchase money Mortgage given to without payment of actual valuable consideration the Insured. conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (1) if the stock, shares, memberships, or other The Insured shall notify the Company promptly in writing (i) in equity interests of the grantee are wholly- case of any litigation as set forth in Section 5(a) of these owned by the named Insured, Conditions, (ii) in case Knowledge shall come to an Insured (2) if the grantee wholly owns the named hereunder of any claim of title or interest that is adverse to the Insured, Title, as insured, and that might cause loss or damage for which (3) if the grantee is wholly-owned by an the Company may be liable by virtue of this policy, or (iii) if the affiliated Entity of the named Insured, Title, as insured, is rejected as Unmarketable Title.If the Company provided the affiliated Entity and the named is prejudiced by the failure of the Insured Claimant to provide Insured are both wholly-owned by the same prompt notice, the Company's liability to the Insured Claimant person or Entity,or under the policy shall be reduced to the extent of the prejudice. (4) if the grantee is a trustee or beneficiary of a 4. PROOF OF LOSS trust created by a written instrument In the event the Company is unable to determine the amount of established by the Insured named in loss or damage, the Company may, at its option, require as a Schedule A for estate planning purposes. condition of payment that the Insured Claimant furnish a signed (ii) With regard to (A), (B), (C), and (D) reserving, proof of loss. The proof of loss must describe the defect, lien, however, all rights and defenses as to any successor encumbrance, or other matter insured against by this policy that that the Company would have had against any constitutes the basis of loss or damage and shall state, to the predecessor Insured. extent possible, the basis of calculating the amount of the loss or (e) Insured Claimant":An Insured claiming loss or damage. damage. (f) "Knowledge" or "Known": Actual knowledge, not 5. DEFENSE AND PROSECUTION OF ACTIONS constructive knowledge or notice that may be imputed to (a) Upon written request by the Insured, and subject to the an Insured by reason of the Public Records or any other options contained in Section 7 of these Conditions, the records that impart constructive notice of matters affecting Company, at its own cost and without unreasonable delay, the Title, shall provide for the defense of an Insured in litigation in (g) "Land": The land described in Schedule A, and affixed which any third party asserts a claim covered by this policy improvements that by law constitute real property. The adverse to the Insured.This obligation is limited to only those term"Land"does not include any property beyond the lines stated causes of action alleging matters insured against by of the area described in Schedule A, nor any right, title, this policy. The Company shall have the right to select interest, estate, or easement in abutting streets, roads, counsel of its choice (subject to the right of the Insured to avenues, alleys, lanes, ways, or waterways, but this does object for reasonable cause) to represent the Insured as to not modify or limit the extent that a right of access to and those stated causes of action. It shall not be liable for and will from the Land is insured by this policy. not pay the fees of any other counsel. The Company will not (h) "Mortgage": Mortgage, deed of trust, trust deed, or other pay any fees, costs, or expenses incurred by the Insured in security instrument, including one evidenced by electronic the defense of those causes of action that allege matters not means authorized by law. insured against by this policy. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive CONDITIONS(Continued) (b) The Company shall have the right, in addition to the 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; options contained in Section 7 of these Conditions, at its TERMINATION OF LIABILITY own cost, to institute and prosecute any action or In case of a claim under this policy, the Company shall have the proceeding or to do any other act that in its opinion may be following additional options: necessary or desirable to establish the Title, as insured, or (a) To Pay or Tender Payment of the Amount of Insurance. to prevent or reduce loss or damage to the Insured. The To pay or tender payment of the Amount of Insurance under Company may take any appropriate action under the terms this policy together with any costs, attorneys' fees, and of this policy, whether or not it shall be liable to the expenses incurred by the Insured Claimant that were Insured. The exercise of these rights shall not be an authorized by the Company up to the time of payment or admission of liability or waiver of any provision of this tender of payment and that the Company is obligated to pay. policy. If the Company exercises its rights under this Upon the exercise by the Company of this option, all liability subsection,it must do so diligently. and obligations of the Company to the Insured under this (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the policy, other than to make the payment required in this Company may pursue the litigation to a final determination subsection,shall terminate, including any liability or obligation by a court of competent jurisdiction, and it expressly to defend,prosecute,or continue any litigation. reserves the right, in its sole discretion, to appeal any (b) To Pay or Otherwise Settle With Parties Other Than the adverse judgment or order. Insured or With the Insured Claimant. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (i) To pay or otherwise settle with other parties for or in the (a) In all cases where this policy permits or requires the name of an Insured Claimant any claim insured against Company to prosecute or provide for the defense of any under this policy. In addition, the Company will pay any action or proceeding and any appeals, the Insured shall costs, attorneys' fees, and expenses incurred by the secure to the Company the right to so prosecute or provide Insured Claimant that were authorized by the Company defense in the action or proceeding, including the right to up to the time of payment and that the Company is use, at its option,the name of the Insured for this purpose. obligated to pay;or Whenever requested by the Company, the Insured, at the (ii) To pay or otherwise settle with the Insured Claimant the Company's expense, shall give the Company all reasonable loss or damage provided for under this policy, together aid (i) in securing evidence, obtaining witnesses, with any costs, attorneys' fees, and expenses incurred prosecuting or defending the action or proceeding, or by the Insured Claimant that were authorized by the effecting settlement, and (ii) in any other lawful act that in Company up to the time of payment and that the the opinion of the Company may be necessary or desirable Company is obligated to pay. to establish the Title or any other matter as insured. If the Upon the exercise by the Company of either of the options Company is prejudiced by the failure of the Insured to furnish the required cooperation,the Company's obligations provided for in subsections (b)(i) or (ii), the Company's to the Insured under the policy shall terminate, including obligations to the Insured under this policy for the claimed any liability or obligation to defend, prosecute, or continue loss or damage, other than the payments required to be any litigation, with regard to the matter or matters made, shall terminate, including any liability or obligation to requiring such cooperation. defend,prosecute,or continue any litigation. (b) The Company may reasonably require the Insured Claimant 8. DETERMINATION AND EXTENT OF LIABILITY to submit to examination under oath by any authorized This policy is a contract of indemnity against actual monetary loss representative of the Company and to produce for or damage sustained or incurred by the Insured Claimant who has examination, inspection, and copying, at such reasonable suffered loss or damage by reason of matters insured against by times and places as may be designated by the authorized this policy. representative of the Company, all records, in whatever (a) The extent of liability of the Company for loss or damage medium maintained, including books, ledgers, checks, under this policy shall not exceed the lesser of memoranda,correspondence, reports,e-mails,disks,tapes, (i) the Amount of Insurance;or and videos whether bearing a date before or after Date of (ii) the difference between the value of the Title as insured Policy, that reasonably pertain to the loss or damage. and the value of the Title subject to the risk insured Further, if requested by any authorized representative of against by this policy. the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of (b) If the Company pursues its rights under Section 5 of these the Company to examine, inspect, and copy all of these Conditions and is unsuccessful in establishing the Title, as records in the custody or control of a third party that insured, reasonably pertain to the loss or damage. All information (i) the Amount of Insurance shall be increased by 10%,and designated as confidential by the Insured Claimant (ii) the Insured Claimant shall have the right to have the provided to the Company pursuant to this Section shall not loss or damage determined either as of the date the be disclosed to others unless, in the reasonable judgment claim was made by the Insured Claimant or as of the of the Company, it is necessary in the administration of the date it is settled and paid. claim. Failure of the Insured Claimant to submit for (c) In addition to the extent of liability under (a) and (b), the examination under oath, produce any reasonably requested Company will also pay those costs, attorneys' fees, and information, or grant permission to secure reasonably expenses incurred in accordance with Sections 5 and 7 of necessary information from third parties as required in this these Conditions. subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. CONDITIONS(Continued) 9. LIMITATION OF LIABILITY Association ("Rules"). Except as provided in the Rules,there shall (a) If the Company establishes the Title, or removes the be no joinder or consolidation with claims or controversies of alleged defect, lien, or encumbrance, or cures the lack of other persons.Arbitrable matters may include, but are not limited a right of access to or from the Land, or cures the claim to, any controversy or claim between the Company and the of Unmarketable Title, all as insured, in a reasonably Insured arising out of or relating to this policy, any service in diligent manner by any method, including litigation and connection with its issuance or the breach of a policy provision, the completion of any appeals, it shall have fully or to any other controversy or claim arising out of the transaction performed its obligations with respect to that matter and giving rise to this policy. All arbitrable matters when the Amount shall not be liable for any loss or damage caused to the of Insurance is $2,000,000 or less shall be arbitrated at the Insured. option of either the Company or the Insured. All arbitrable (b) In the event of any litigation, including litigation by the matters when the Amount of Insurance is in excess of Company or with the Company's consent, the Company $2,000,000 shall be arbitrated only when agreed to by both the shall have no liability for loss or damage until there has Company and the Insured.Arbitration pursuant to this policy and been a final determination by a court of competent under the Rules shall be binding upon the parties. Judgment jurisdiction, and disposition of all appeals, adverse to the upon the award rendered by the Arbitrator(s) may be entered in Title,as insured. any court of competent jurisdiction. (c) The Company shall not be liable for loss or damage to the 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE Insured for liability voluntarily assumed by the Insured in CONTRACT settling any claim or suit without the prior written consent (a) This policy together with all endorsements, if any, attached of the Company. to it by the Company is the entire policy and contract 10. REDUCTION OF INSURANCE; REDUCTION OR between the Insured and the Company. In interpreting any TERMINATION OF LIABILITY provision of this policy, this policy shall be construed as a All payments under this policy, except payments made for whole. costs, attorneys'fees, and expenses, shall reduce the Amount (b) Any claim of loss or damage that arises out of the status of of Insurance by the amount of the payment. the Title or by any action asserting such claim shall be 11. LIABILITY NONCUMULATIVE restricted to this policy. The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in Company pays under any policy insuring a Mortgage to which writing and authenticated by an authorized person, or exception is taken in Schedule B or to which the Insured has expressly incorporated by Schedule A of this policy. agreed, assumed,or taken subject,or which is executed by an (d) Each endorsement to this policy issued at any time is made Insured after Date of Policy and which is a charge or lien on a part of this policy and is subject to all of its terms and the Title, and the amount so paid shall be deemed a payment provisions. Except as the endorsement expressly states, it to the Insured under this policy. does not (i) modify any of the terms and provisions of the 12. PAYMENT OF LOSS policy, (ii) modify any prior endorsement, (iii) extend the When liability and the extent of loss or damage have been Date of Policy,or(iv) increase the Amount of Insurance. definitely fixed in accordance with these Conditions, the 16. SEVERABILITY payment shall be made within 30 days. In the event any provision of this policy, in whole or in part, is 13. RIGHTS OF RECOVERY UPON PAYMENT OR held invalid or unenforceable under applicable law, the policy SETTLEMENT shall be deemed not to include that provision or such part held to (a) Whenever the Company shall have settled and paid a be invalid, but all other provisions shall remain in full force and claim under this policy, it shall be subrogated and entitled effect. to the rights of the Insured Claimant in the Title and all 17. CHOICE OF LAW; FORUM other rights and remedies in respect to the claim that the (a) Choice of Law: The Insured acknowledges the Company has Insured Claimant has against any person or property, to underwritten the risks covered by this policy and the extent of the amount of any loss, costs, attorneys' determined the premium charged therefor in reliance upon fees,and expenses paid by the Company. If requested by the law affecting interests in real property and applicable to the Company, the Insured Claimant shall execute the interpretation, rights, remedies, or enforcement of documents to evidence the transfer to the Company of policies of title insurance of the jurisdiction where the Land these rights and remedies. The Insured Claimant shall is located. permit the Company to sue, compromise, or settle in the Therefore, the court or an arbitrator shall apply the law of name of the Insured Claimant and to use the name of the the jurisdiction where the Land is located to determine the Insured Claimant in any transaction or litigation involving validity of claims against the Title that are adverse to the these rights and remedies. Insured and to interpret and enforce the terms of this If a payment on account of a claim does not fully cover policy. In neither case shall the court or arbitrator apply its the loss of the Insured Claimant,the Company shall defer conflicts of law principles to determine the applicable law. the exercise of its right to recover until after the Insured (b) Choice of Forum: Any litigation or other proceeding brought Claimant shall have recovered its loss. by the Insured against the Company must be filed only in a (b) The Company's right of subrogation includes the rights of state or federal court within the United States of America or the Insured to indemnities, guaranties, other policies of its territories having appropriate jurisdiction. insurance, or bonds, notwithstanding any terms or 18. NOTICES,WHERE SENT conditions contained in those instruments that address Any notice of claim and any other notice or statement in writing subrogation rights. required to be given to the Company under this policy must be 14. ARBITRATION given to the Company at First American Title Insurance Either the Company or the Insured may demand that the claim Company, Attn: Claims National Intake Center, 1 First or controversy shall be submitted to arbitration pursuant to the American Way; Santa Ana, CA 92707. Phone: 888-632- Title Insurance Arbitration Rules of the American Land Title 1642. Form 5011400-A(74-14) ALTA Owner's Policy(6-17-06) Schedule A , r Ownerl 's Policy of Title Insurance First merit n Title ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule A 5011400-488361-BZ First American Title Company 924 Stoneridge Drive Unit 1 Bozeman, MT 59718 File No.: 488361-BZ Address Reference: Tract 1A1 of COS 2554B Bozeman, MT 59718 Amount of Insurance: $2,000,000.00 Premium: $4,207.00 Date of Policy: July 24, 2014 at 11:39 A.M. 1. Name of Insured: The City of Bozeman, Montana 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: The City of Bozeman, Montana 4. The Land referred to in this policy is described as follows: Tract 1A1 of Certificate of Survey No. 2554B, located in the NWS and SW1 of Section 3,Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana. /..+ter 411502C By: Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) Form 5011416-B(7-1-14) ALTA Owner's Policy(6-17-06) Idaho-Schedule B-(Standard) Owner's Policy of Title Insurance First American Title ISSUED BY First American Title Insurance Company POLICY NUMBER Schedule B 5011400-488361-BZ File No. 488361-BZ EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien, or rights to a lien, for services, labor or materials theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons, sand, gravel or other common variety materials, whether or not shown by the public records. 8. County road rights-of-way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Gallatin to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Gallatin County. 9. 2014 taxes are an accruing lien, not yet payable. 10. Agreement upon the terms, conditions and provisions contained therein: Parties: Robert G. Baxter and Marie C. Baxter and Peter S. Dyk and Catherine Dyk Recorded: September 8, 1950, Book 14 of Miscellaneous, page 122 11. Farm Lease upon the terms, conditions and covenants contained therein: Recorded: March 31, 1986 , Film 91, page 1955 Lessor: Vesta F. Anderson and Mary C. Nelson Lessee: Ronald J. Bos. 12. Right-of-way granted to Montana Power Company, recorded in Film 95, Page 273. 13. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of Certificate of Survey No. 2554, 2554A, and 2554B, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). ; - First American • Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information•particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. 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Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet.In general,you can visit First American or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this information to measure the use of our site and to develop Ideas to improve the content of our site. 'There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"coolie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information.When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others In our industry to collect and use information in a responsible manner. Security We will maintain appropriate Facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9-1-10)Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation)