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Title Insurance & Warranty Deed for Purchase Agreement with Arthur BerryNational Title Insurance Company ID2004-10-Al198432-2011.27306-84014398 OWNER'S POLICY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Any police of claim and any other notice or statement in writing required to begiven the Company under this Policy must begiven to the Com- pany at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROMCOVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITYNATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company') insures, asofDate ofPo/icy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount oflnsurance, 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 ofany 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 properlyfrled, recorded or indexed in the Public Records includingf tilure to perform those acts by electronic means authorized bylaw; or (vii) a defective judicial or administrative proceeding. (b) The lien ofreal estate taxes or assessments imposed on the Title by a governmental authority due orpayable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete landsurvey ofthe Land. The term "encroachment" includes encroachments ofexisting 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 andfl out the Land. 5. The violation or enforcement ofany law, ordinance, permit, orgovernmental regulation (including those relating to building andzoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location ofany improvement erected on the Land; (c) the subdivision of land, at- id) r(d) environmental protection ifa notice, describing anyparl ofthe Land, is recorded in the Public Records sellingforth 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 ofthe Land, is recorded in the Public Records, but only to the extent ofthe 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 slated 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 band occurringprior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted afr•audulent orpreferential transfer underfecieral bankiwptcy, state insolvency, orsimilar credhors'rights laws; or (b) because the instrument off•ansfervesting Title as shown in Schedule A constitutes apreferential transfer underfederal bankruptcy, stale insolvency, or similar creditors'rights tors by reason ofthefailure of its recording in the Public Records (i) to be timely, or - (ti) to impart notice of its existence to a purchaser for value or• to a judgment or lien creditor. 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA eau members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association - .Yy 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I 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 oflhe 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 ofany matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidellfl+ Netip»al tale Insurance Cglnpany Countersigk Authorized Signatory Joseph Gropp ID2004 A1198432 TitleOne Corporation 1101 West River, Suite 201 Boise, ID 83702 Tel: (208) 424-8511 Fax: (208) 424-0049 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will notpay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibit- ing, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limitthe coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 27306 (6/06) ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA nwr members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association - - - CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 1 I of these Condi- tions. (b) "Date of Policy": The date designated as `Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability com- pany, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, con- solidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered with- out payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity in- terests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named In- sured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason ofthe Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed im- provements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Sche- dule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of mat- ters relating to real property to purchasers for value and without Know- ledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is lo- cated. Q) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. - 2. CONTINUATION OF INSURANCE The coverage ofthis policy shall continue in force as of Date ofPol- icy in favor of an Insured, but only so long as the Insured retains an es- tate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by apurchaser from the Insured, or only so long as the Insured shall have liability by reason ofwarranties in any transfer or conveyance of the Title. This policy shall not continue in force in fa- vor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mort- gage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtueof this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Clai- mant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the preju- dice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other mat- ter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options con- tained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opi- nion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA Wr members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association fudkv,- the Company exercises its rights under this subsection, it must do so di- ligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the liti- gation to a final determination by a court of competentjurisdiction, and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evi- dence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such coop- eration. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the autho- rized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspon- dence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designat- ed as confidential by the Insured Claimant 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 administra- tion of the claim. Failure of the Insured Claimant to submit for exami- nation under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or go- vernmental regulation, shall terminate any liability of the Company un- der this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of claim under this policy, the Company shall have the fol- lowing additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obli- gated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any liti- gation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this poli- cy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii)To pay or otherwise settle with the Insured Claimamthe loss or damage provided for under this policy, together with any costs, at- torneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the In- sured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suf- fered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii)the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Condi- tions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii)the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the In- sured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Com- pany will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged de- fect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obliga- tions with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Compa- ny 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 competentjurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the In- sured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. IO.REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, exceptpayments made for costs, at- torneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ANINEMnr+e_S members in good standing as of the dale of use. All other uses are prohibited, Reprinted under license from the American Land Title Association AV Ilk 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Com- pany pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shal I have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the In- sured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or proper- ty, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the In- sured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the In- sured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the In- sured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14.ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insur- ance Arbitration Rules of the American Land 'Title Association ( "Rules"). Except as provided in the Rules, there shall be nojoinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the op- tion of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this poli- cy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this pol- icy. (c) Any amendment of or endorsement to this policy must be in writ- ing and authenticated by an authorized person, or expressly incorpo- rated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terns and provisions of the policy, (ii) modify any prior endorsement, (iii) ex- tend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEV ERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed notto include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has un- derwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or en- forcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of thejuris- diclion where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and en- force the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having ap- propriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing re- quired to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company, Attn: Claims Department, P. 0. Box 45023, Jacksonville, Florida 32232- 5023. 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright 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 dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association - `a T� ThleOne Corporation WAuthorized Agent for: Titleone Fidelity National Title Insurance Company T.W. tree CO. Name and Address of Title Insurance Company: File Number: A1198432 Policy Number: 27306-84014398 Date of Policy: June 23, 2011 at 02:31 PM Amount of Insurance: $ 830,000.00 Premium: $ 3,960.00 Property Address Reference: 1620 E. Franklin Road Meridian, ID 83642 1. Name of Insured: City of Meridian SCHEDULE A ALTA Owner's Policy (6/17/06) Fidelity National Title Insurance Company 17911 Von Karman Avenue, Ste. 310 Irvine, CA 92614 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: City of Meridian, an Idaho Municipal Corporation 4. The Land referred to in this policy is described as follows: See "Schedule U Attached Hereto (End of Schedule A) TitleO Corpor By: JV11 Na4h Gropp, Title Officer ALTA Owners Policy (6/17/06) SCHEDULE B ALTA Owner's Policy (6117106) EXCEPTIONS FROM COVERAGE File Number: A1198432 JGILSD Policy Number: 27306-84014398 This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses which arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished, imposed by law and 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) water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special 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. Proceedings by a public agency which may result in taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the public records. 7. Taxes, including any assessments collected therewith, for the year 2011 which are a lien not yet due and payable. 8. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any assessments levied thereby. Paid current. Liens, levies and assessment of any and all irrigation districts, including but not limited to Nampa -Meridian Irrigation District (208-466-7861) and is subject to any assessments levied thereby. Paid current. 10. Right-of-way for Five Mile Creek and the rights of access thereto for maintenance of said Creek. 11. Right-of-way for Evans Drain and the rights of access thereto for maintenance of said Drain. ALTA Owners Policy Schedule B (6/17/06) SCHEDULE B ALTA Owner's Policy (6117106) (Continued) File Number: A1198432 JG/LSD Policy Number: 27306-84014398 12. Right -of -Way for N. Nola Road fomerly known as N. Locust Grove Rd. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Idaho -Oregon Light and Power Company Purpose: Public Utilities Recorded: March 13, 1909 Book 78 at Page 157 Instrument No.: 23304 (Note: The exact location and extent of said easement is not disclosed of record.) 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted to: Nampa & Meridian Irrigation District Purpose: Perpetual easement and right of way for the construction, maintenance, operation, building and repair of a drain ditch Recorded: March 27, 1947 Book 20 at Page 177, Miscellaneous deeds Instrument No.: 261241 (Note: The exact location and extent of said easement is not disclosed of record.) 15. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 3527 recorded April 29, 1996 as Instrument No. 96034918. 16. An easement for the purpose shown below and rights incidental thereto as set forth in a Easement Agreement. Granted to: Pacific Coast Building Products, Inc. Purpose: ingress and egress Recorded: December 18, 2002 Instrument No.: 102152521 17. Terms, provisions, conditions, and, restrictions contained in Easement Agreement by and between Arthur J. Berry and Kobe, LLC, an Idaho limited liability company. Recorded: December 15, 2005 Instrument No: 105191298 ALTA Owners Policy Schedule B (6117106) SCHEDULE B ALTA Owner's Policy (6117106) (Continued) File Number: A1198432 JG/LSD Policy Number: 27306-84014398 18. Terms, conditions, easements and, obligations, if any, contained in License Agreement by and between Nampa & Meridian Irrigation District and Arthur J. Berry, a married man dealing with his sole and separate property and Kobe, LLC, an Idaho limited liability company. Recorded: March 12, 2007 Instrument No: 107034592 19. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 8318 recorded May 28, 2008 as Instrument No. 108061792. 20. An easement for the purpose shown below and rights incidental thereto as set forth in Deed of Conservation Easement. Granted to: City of Meridian Purpose: Conservation Recorded: December 22, 2008 Instrument No.: 108135169 21. The following matters, and any rights, easements, interest or claims which may exist by reson thereof, disclosed by an ALTA/ACSM survey made by Civil Survey Consultants, Inc. in May of 2011, designated as Job No. 11018. a. The location of the barbed wire fence along the entire boundary of the subject property. (End of Schedule B) ALTA Owners Policy Schedule B (6/17106) R7326471100 :LR73211 500 I 1,AY U7326471000 Rbl7552( 5 THIS MAP IS FURNISHED AS AN ACCOMMODATION .......... . ..... ...... —E-00MMRRCMDk— STRICTLY FOR THE PURPOSES OF GENERALLY ............... .. ........... - ....... I-- ........ ..... . ... ............ . . ...... ..... .. ............. LOCATING? LAND. IT DOES NOT REPRESENT A Sa I .. ... ..... . . ..... — ... HE LAND OR IMPLY ANY REPRESENTA. TIONS AS TO THE SIZE, A@&,OFI ANY OTHER FACTS RELATED TO THE LAND SHOWN HEREON, 171600 R7326471600 R7326471700 F 87325471400 R17 3264V 1600 85115620010 4 13 39 — — — — — — — — — — — — — — — — — — — — — — — ler 51107449990 C-1 0-4 51107449996 . . . . ....... ............1 51106336013 RS 3527 61108336020 r W TitleOne a tltle ,W escrow co. Order Number: Al 198432 JG/LSD Warranty Deed For value received, Arthur J. Berry, a married man as his sole & separate property and Kobe, LLC, an Idaho limited liability company the grantor, does hereby grant, bargain, sell, and convey unto City of Meridian, an Idaho Municipal Corporation whose current address is 33 East Broadway Avenue, Meridian, Idaho 83642 the grantee, the following described premises, in Ada County, Idaho, to wit: A parcel located in the W % of the SW '% of the SW'/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said W%of the SW '% of the SW '% from which a brass cap monument marking the northwesterly corner of the SW'/4 of said Section 8 bears N 0°26'11" E a distance of 2650.87 feet; Thence N 0026'11" E along the westerly boundary of said W'h of the SW'/4 of the SW'/4 a distance of 789.30 feet to a point; Thence leaving said westerly boundary S 89°33'49" E a distance of 48.00 feet to 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence S 44033'57" E a distance of 35.40 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of Lanark Street; Thence S 89033'53" E along said northerly right-of-way a distance of 551.65 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of Nola Road; Thence leaving said northerly right-of-way and along said westerly right-of-way the following described courses: Thence N 0°27'36" E a distance of 157.17 feet to a 5/8 inch diameter iron pin; Thence a distance of 13.23 feet along the arc of a 18.00 foot radius curve left, said curve having a central angle of 42°06'06" and a long chord bearing N 20035'27" W a distance of 12.93 feet to a 5/8 inch diameter iron pin; Thence a distance of 85.07 feet along the arc of a 44.00 foot radius curve right, said curve having a central angle of 110°46'38" and a long chord bearing N 13°44'50" E a distance of 72.43 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly right-of-way N 0°27'36" E a distance of 213.66 feet to a 5/8 inch diameter iron pin on the southerly right-of-way of the Union Pacific Railroad; Thence N 88°30'08" W along said southerly right-of-way a distance of 588.97 feet to a 5/8 inch diameter iron pin on the easterly right-of-way of Locust Grove Road, Thence leaving said southerly right -way S 0°26'11" W along said easterly right-of-way a distance of 439.27 feet to the POINT OF BEGINNING. To have and to hold the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that they are free from all encumbrances except those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. Whenever the context so requires, the singulara�ber includes the plural. Dated: Susan K. BerA Spouse of Arthur J. Berry Kobe, LLG, �V VahSflrndej liability company BY: Doug s Member State of Idaho ) ss: County of Ada ) On this ��day of June, 2011, before me, the undersigned a Notary Public in and for said state personally appeared Arthur J. Berry and Susan K. Berry, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN V TN WHEREOF I have set my hand and official seal on the date shown above. , Notary Public ��.��� D A R (�ti •.,� Commission Expires: SCOTT DARLING ESCROW OFFICER RESIDING: EAGLE, ID COMMISSION EXPIRES: 11-28-13 TitleOne a vile & escrow co. Order Number: Al 198432 JG/LSD For value received, APA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 BOISE IDAHO 06/23/2011 02:31 PM DEPUTY Vicki Allen PECORe Electronic Recording 1111111 III 111111111 IN RECORDED-REQIIES'r OF TITLEONE BOISE 111050851 Warranty Deed Arthur J. Berry, a married man as his sole & separate property and Kobe, LLC, an Idaho limited liability company the grantor, does hereby grant, bargain, sell, and convey unto City of Meridian, an Idaho Municipal Corporation whose current address is 33 East Broadway Avenue, Meridian, Idaho 83642 the grantee, the following described premises, in Ada County, Idaho, to wit: A parcel located in the W %: of the SW'/ of the SW Y4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said W Yz of the SW Y4 of the SW % from which a brass cap monument marking the northwesterly corner of the SW 114 of said Section 8 bears N 0°26'11" E a distance of 2650.87 feet; Thence N 0°26'11" E along the westerly boundary of said W 4/ of the SW %4 of the SW %4 a distance of 789.30 feet to a point; Thence leaving said westerly boundary S 8903349" E a distance of 48.00 feet to 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence S 44°33'57" E a distance of 35.40 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of Lanark Street; Thence S 89033'53" E along said northerly right-of-way a distance of 551.65 feet to a 5/8 inch diameter iron pin on the westerly right-of-way of Nola Road; Thence leaving said northerly right-of-way and along said westerly right-of-way the following described courses Thence N 0°27'36" E a distance of 157.17 feet to a 5/8 inch diameter iron pin; Thence a distance of 13.23 feet along the arc of a 18.00 foot radius curve left, said curve having a central angle of 42"06'06" and a long chord bearing N 20035'27" W a distance of 12.93 feet to a 5/8 inch diameter iron pin; Thence a distance of 85.07 feet along the arc of a 44.00 foot radius curve right, said curve having a central angle of 110°46'38" and a long chord bearing N 13044'50" E a distance of 72.43 feet to a 5/8 inch diameter iron pin;