HomeMy WebLinkAboutPZ - Deed ALTA COMMITMENT FOR TITLE INSURANCE
Commitment Number:
issued by:
m Fidelity National Title' 34602647955
IT1511rallce Conipaily
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY
THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,
ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,
AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.
THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions,
Fidelity National Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to
the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in
Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the
specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
Fidelity National Title Insurance Company
By:
)Aw/,�Zf
Michael J. Nolan, President
Countersigned By: Attest:
Q
PJ Nava, Idaho Operation County Manager Marjorie Nemzura, Secretary
Authorized Officer or Agent
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 1 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:
Title Officer: Sandee Balmer
Fidelity National Title Company
485 East Riverside Dr., Suite 200
Eagle, ID 83616
Phone: 208-333-3576
Main Phone: (208)377-3190
Email: Sandee.Balmer@fnf.com
Order Number: 34602647955
Property Address: 3175 N Ten Mile Road, Meridian, ID 83646
SCHEDULE A
1. Commitment Date: December 22, 2025 at 07:30 AM
2. Policy to be issued:
(a) ALTA Owner's Policy 2021 Standard
Proposed Insured: Squirmy Wormy, LLC
Proposed Amount of Insurance: $875,000.00
The estate or interest to be insured: Fee Simple
Premium: $ 2,864.00
Total: $ 2,864.00
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple
4. The Title is, at the Commitment Date, vested in:
Vincent and Jennifer Rigby, husband and wife
5. The Land is described as follows:
SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF
END OF SCHEDULE A
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 2 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
EXHIBIT "A"
Legal Description
Land Situated in the State of Idaho, County of Ada, City of Meridian.
A parcel located in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
more particularly described as follows:
COMMENCING at a brass cap monument marking the northeasterly corner of said Government Lot 1 from which a 5/8
inch diameter pin marking the southeasterly corner of said Government Lot 1 bears S 0°23'56"W a distance of 1369.22
feet;
Thence S 0°23'56"W along the easterly boundary of said Government Lot 1 a distance of 364.35 feet to a point on the
extension of the northerly boundary of Lots 9 and 16 of Block 2 of Firelight Estates, as shown in Book 72 of Plats at
Page(s) 7399-7400, records of Ada County, Idaho;
Thence leaving said easterly boundary N 89°36'04"W along said extended boundary a distance of 56.83 feet to a 5/8 inch
diameter iron pin on the northerly boundary of said Lot 16 and the POINT OF BEGINNING;
Thence continuing N 89°36'04"W a distance of 113.16 feet to a 5/8 inch diameter iron pin marking the northwesterly
corner of said Lot 9 and being on the easterly boundary of Lot 8 of said Block 2;
Thence N 0°23'56" E along said easterly boundary a distance of 110.07 feet to 5/8 inch diameter iron pin marking the
northeasterly corner of said Lot 8;
Thence N 89°07'48"W along the northerly boundary of said Lot 8 a distance of 85.77 feet to a 5/8 inch diameter iron pin
marking the northwesterly corner of said Lot 8 and being on the easterly boundary of Lot 2 of Block 5 of Englewood Creek
Estates Subdivision No. 1, as shown in Book 73 of Plats at Page(s) 7488-7490, records of Ada County, Idaho;
Thence N 0°24'02" E along said easterly boundary and extended to the southerly right-of-way of Ustick Road a distance of
194.72 feet to a 5/8 inch diameter iron pin;
Thence S 89'07'11" E along said southerly right-of-way a distance of 167.57 feet to a 5/8 inch diameter iron pin;
Thence leaving said southerly right-of-way S 47°20'33" E a distance of 42.40 feet to a 5/8 inch diameter iron pin on the
westerly right-of-way of Ten Mile Road;
Thence S 0°24'20"W along said westerly right-of-way a distance of 275.57 feet to the POINT OF BEGINNING.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 3 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART I - Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must
be properly authorized, executed, delivered, and recorded in the Public Records.
5. The Company will require the following documents for review prior to the issuance of any title insurance predicated
upon a conveyance or encumbrance from the entity named below.
Limited Liability Company: Squirmy Wormy, LLC
a. A copy of its operating agreement, if any, and any and all amendments, supplements and/or
modifications thereto, certified by the appropriate manager or member.
b. If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment
thereto with the appropriate filing stamps.
c. If the Limited Liability Company is member-managed a full and complete current list of members
certified by the appropriate manager or member.
d. A current dated certificate of good standing from the proper governmental authority of the state in which
the entity was created
e. If less than all members, or managers, as appropriate, will be executing the closing documents,
furnish evidence of the authority of those signing.
The Company reserves the right to add additional items or make further requirements after review of the
requested documentation.
6. With request for any Owners Extended Coverage, the Company will require an ALTA/NSPS LAND TITLE
SURVEY. If the owner of the Land the subject of this transaction is in possession of a current ALTA/NSPS LAND
TITLE SURVEY, the Company will require that said survey be submitted for review and approval; otherwise, a new
survey, satisfactory to the Company, must be prepared by a licensed land surveyor and supplied to the Company
prior to the close of escrow.
7. The Company requires the following matters to be cleared to our satisfaction before we will issue an ALTA
Extended Coverage policy:
a. Questions of survey
b. Rights of persons in possession
c. Material or labor liens
d. Rights or claims for easements not of record
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 4 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART I - Requirements
(continued)
8. Furnish recording instructions with the documents to be recorded in this transaction. Said instructions must
address each requirement made herein, list any endorsements to be issued with the policy and specify the
recording order of any documents furnished.
The Company reserves the right to add additional items or make further requirements after review of the
requested instructions prior to recording the documents or issuing any requested endorsement.
The Company also reserves the right to charge any applicable additional fees for any endorsement requested.
9. The Company reserves the right to impose additional requirements or add exceptions that may become necessary
once any additional terms of this transaction have been disclosed and/or upon review of this commitment by
underwriting counsel.
END OF SCHEDULE B, PART I
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 5 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART II - Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
GENERAL EXCEPTIONS
1. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. 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 and not shown by the Public Records.
4. Any lien or right to a lien for services, labor or material not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d)water
rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or(d) are shown by the
public records.
6. (a)Taxes or assessments that 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; (b) proceedings by a public agency that may
result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the Public Records.
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage
collection or disposal or other utilities unless shown as an existing lien by the public records.
8. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records
or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I—Requirements are met.
Paragraphs 1 through 8 will not appear as printed exceptions on extended coverage loan policies, except as to
such parts thereof which may be typed as shown below.
SPECIAL EXCEPTIONS
9. Water rights, claims or title to water, whether or not disclosed by the Public Records.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 6 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART II - Exceptions
(continued)
10. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
11. Any off record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose.
12. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2026.
13. Liens, levies and assessments of the CITY OF MERIDIAN. No search has been made.
14. Levies and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights, powers and
easements of said district as by law provided. No search has been made.
15. Levies and assessments of the SETTLERS IRRIGATION DISTRICT, and the rights, powers and easements of
said district as by law provided. No search has been made.
16. Ditch, road and public utility easements as same may exist over said premises, including but not limited to the right
of way for West Ustick Road and North Ten Mile Road.
17. Reservations contained in the Patent
From: The United States of America
To: Samuel Jones
Recording Date: September 6, 1901
Recording No: Book 3 of Patents at Page 445
Gov't Lot 1, SE1/4 NE1/4 of Section 3
18. Terms, conditions, provisions, easements and obligations set forth in that certain City of Meridian Ordinance No.
11-1477 for Annexation and Zoning
Recorded: March 16, 2011
Instrument No: 111022582, of Official Records.
Re-Recorded to Correct Ordinance No. to 11-1476
Recorded: March 23, 2011
Instrument No: 111024536
19. Matters as disclosed by Record of Survey No. 9647
Recorded: February 21, 2014
Instrument No: 114013148, of Official Records.
20. Terms, conditions, provisions, easements and obligations set forth in that certain Development Agreement
By and Between: City of Meridian and Vincent Rigby
Recorded: September 15, 2021
Instrument No: 2021-135666, of Official Records.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 7 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART II - Exceptions
(continued)
21. Terms, conditions, provisions, easements and obligations set forth in that certain City of Meridian Ordinance No.
21-1949 for Zoning
Recorded: September 22, 2021
Instrument No: 2021-138701, of Official Records.
22. Unrecorded leaseholds, if any; rights of parties in possession other than the vestees herein; rights of chattel
mortgagees and vendors under conditional sales contracts of personal property installed on the premises herein;
and the rights of tenants to remove trade fixtures.
END OF EXCEPTIONS
NOTES
Note A: NOTE: According to the records of the County Assessor's office,
Parcel No.: S1203110005
Code Area: 03
General Taxes for the year 2025, were $4,199.98- PAID
Note B: Note: The last conveyance(s) affecting said Land, as of the date of this report, is as follows:
Quitclaim Deed
Grantor: Ada County Highway District
Grantee: Vincent&Jennifer Rigby, husband and wife
Recording Date: April 30, 2018
Recording No: 2018-038615
Note C: NOTE: Pursuant to the State of Idaho Insurance Regulations, a cancellation fee is to be charged on all
cancelled orders. Unless otherwise advised, orders will be considered cancelled six months after the
effective date on the commitment. The amount of the fee assessed shall be in accordance with our rate
filing with the Idaho Department of Insurance.
Note D: NOTE: The Policy or Policies of insurance may contain a clause permitting arbitration of claims at the
request of either the Insured or the Company. Upon request, the Company will provide a copy of this
clause and the accompanying arbitration rules prior to the closing of the transaction.
Note E: NOTE: We have searched our records for judgments or liens that may affect the title to the land
described in Schedule A, to include judgments or liens against Squirmy Wormy, LLC. As of the effective
date of this commitment we find none, EXCEPT as may be shown as an exception in Schedule B.
Note F: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining
streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent
a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure
dimensions, distances, location of easements, acreage or other matters shown thereon.
END OF NOTES
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 8 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
SCHEDULE B, PART II - Exceptions
(continued)
END OF SCHEDULE B, PART II
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 9 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally
discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender
identity,familial status,disability, national origin,or other legally protected class.
b. "Knowledge"or"Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.
C. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The
term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of
access to and from the Land is to be insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by
electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be
issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document
must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term
"Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection,
planning, permitting,zoning,licensing, building, health, public safety,or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also
includes the District of Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I-Requirements;
f. Schedule B, Part II-Exceptions;and
g. a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse
claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment
Condition 5. The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I-Requirements;
ii. eliminate,with the Company's written consent,any Schedule B, Part II-Exceptions;or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Condition 5.a.or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
Page 10 ID-FT-FXEA-03460.216263-SPS-1-25-34602647955
FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. 34602647955
(continued)
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been
met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A,and no other person, may make a claim under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions
of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or
federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this
Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind,whether written or oral, express
or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond
the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
f. When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is
not the Company's agent for closing,settlement,escrow,or any other purpose.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment
to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment
Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN
CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE
ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is Two Million And No/100 Dollars
($2,000,000.00)or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A
Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
END OF CONDITIONS
This page is only a part of a 2021 ALTA@ Commitment for Title Insurance issued by Fidelity National Title Insurance Company. This Commitment is not valid without
the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part 11-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved. AMER"A"
LAND TITLE
ASSOCIATION
The use of this Form (or any derivative thereof)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.
ALTA Commitment for Title Insurance(07/01/2021) Printed: 01.05.26 @ 12:12 PM
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