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
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.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)
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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;