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Policy No.: ID0001-81-15254827-2016.81306-96992544
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Issued by
Commonwealth Land Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must
be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND
THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as
of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against foss or damage, not exceeding the
Amount of Insurance, sustained or incurred by the Insured by reason of;
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by
electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed
by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing
improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements
located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or
any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
Form 81306 Db! Cover — ALTA Owner's Policy (06117106)
Reorder 1190-127 NJRB 1-15 Effective: 2115107 Revised: 9110107
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or
other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy,
but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary
and sealed as required by its By -Laws.
TitleOne Corporation
1101 River Street, Suite 201
Boise, ID 83702
Tel: 208-424-8511
Fax: 208-424-0049
Form 81306 Dbl Cover — ALTA Owner's Policy (06117106)
Reorder 1190-127 NJRB 1-15 Effective: 2116107 Revised: 9110107
COMMONWEALTHJLANDMLE INSURANCE COMPANY
Authorized Signatory
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TitleOne Corporation
1101 River Street, Suite 201
Boise, ID 83702
Tel: 208-424-8511
Fax: 208-424-0049
Form 81306 Dbl Cover — ALTA Owner's Policy (06117106)
Reorder 1190-127 NJRB 1-15 Effective: 2116107 Revised: 9110107
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay 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, prohibiting,
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 bate of Policy (however, this does not modify or limit the 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.
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 11 of these
Conditions.
(b) "Date of Policy": The date designated as "Date of
Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability
company, 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, consolidation, 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 without payment of actual valuable consideration conveying
the Title
(1) if the stock, shares, memberships, or
other equity interests 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 Insured 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 of the 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
Form 81306
Reorder 1190-127
improvements that by law constitute real property. The term "Land"
does not include any property beyond the lines of the area described in
Schedule 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 matters relating to real property to purchasers for value and
without Knowledge. 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 located.
(j) "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 of this policy shall continue in force as of Date of Policy in
favor of an Insured, but only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by a purchase
money Mortgage given by a purchaser from the Insured, or only so long
as the Insured shall have liability by reason of warranties in any transfer
or conveyance of the Title. This policy shall not continue in force in
favor 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 Mortgage
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 virtue of 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 Claimant to
provide prompt notice, the Company's liability to the Insured Claimant
under the policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or
Dbl Cover — ALTA Owners Policy (06117106)
NJRB 1-15 Effective: 2115107 Revised: 9110107
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
matter 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 contained 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 opinion 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 the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company may
pursue the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole discretion, to
appeal 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 (1) in
securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, 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 cooperation.
(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 authorized representative of the Company, all
records, in whatever medium maintained, including books, ledgers,
checks, memoranda, correspondence, 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 designated 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 administration of the claim. Failure of the Insured
Claimant to submit for examination under oath, produce any reasonably
requested information, or grant permission to secure reasonably
necessary information from third parties as required in this subsection,
Form 81306
Reorder 1190-127
unless prohibited by law or governmental regulation, shall terminate any
liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following 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 obligated 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,
including any liability or obligation to defend, prosecute, or continue any
litigation.
(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
policy. 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 Claimant
the loss or damage provided for 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 and
that the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for
in subsections (b)(1) or (ii), the Company's obligations to the Insured
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.
8. 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
suffered 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
Conditions and is unsuccessful in establishing the Title, as insured,
(1) 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 Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the
Company 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 defect, 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 obligations 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
Company or with the Company's consent, the Company shall have no
liability for loss or damage until there has been a final determination by
a court of competent jurisdiction, and disposition of all appeals, adverse
to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability voluntarily assumed by the Insured in settling any
claim or suit without the prior written consent of the Company.
Dbl Cover — ALTA Owner's Policy (06117106)
NJRB 1-15 Effective: 2115107 Revised: 9110107
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance by
the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company
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 shall have settled and paid a
claim under this policy, it shall be subrogated and entitled to the rights
of the Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person or
property, to the extent of the amount of any loss, costs, attorneys' fees,
and expenses paid by the Company. If requested by the Company, the
Insured 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
Insured 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 Insured 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
Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder
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 option of either the Company or the
Insured.
Form 81306
Reorder 1190-127
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 policy 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 policy.
(c) Any amendment of or endorsement to this policy must be
in writing and authenticated by an authorized person, or expressly
incorporated 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 terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy. or (iv) increase the Amount
of insurance.
16. SEVERABILITY
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 not to 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 underwritten 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
enforcement of policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction
where the Land is located to determine the validity of claims against the
Title that are adverse to the Insured and to interpret and enforce 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 appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required
to be given to the Company under this Policy must be given to the
Company at: P.O. Box 45023, Jacksonville, FL 32232-5023.
Dbl Cover — ALTA Owner's Policy (06117106)
NJRB 1-15 Effective: 2115/07 Revised: 9110107
File Number: 15254827
Policy Number: 81306-96992544
ALTA Owner's Policy (6117106)
TitleOne Corporation
Authorized Agent for:
0 Commonwealth Land Title Insurance Company
TitleOne
escrow
SCHEDULE A
Name and Address of Title Insurance Company: Commonwealth Land Title Insurance Company
601 Riverside Avenue, Building 5, 4th Floor
Jacksonville, FL 32204
File Number: 15254827
Policy Number: 81306-96992544
Date of Policy: September 30, 2016 at 10:12AM
Amount of Insurance: $4,000,000.00
Premium: $13,170.00
Property Address Reference: 936 W Taylor Avenue, Meridian, ID 83642
1. Name of Insured:
City of Meridian
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 Attached Schedule C
TitleOne Corporation
By:
Scott Th lei, Authorized Signatory
File Number: 15254827
Policy Number: 81306-96992544
SCHEDULE B
Exceptions from Coverage
File Number: 15254827
Policy Number: 81306-96992544
ALTA Owner's Policy (6117106)
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason
of:
1. Rights or claims of parties in possession not shown by the public records.
2. 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 that is not 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 2016 which are a lien not yet due and payable.
Parcel Number: S1212346725
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.
None are due and payable.
9. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208-466-7861) and is subject to any
assessments levied thereby. None are due and payable.
10. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded March 10, 1900 in Book 3 of
Patents, at Page 204, records of Ada County, Idaho.
11. An easement for the purpose shown below and rights incidental thereto as set forth in a Sewer Easement.
Granted to: City of Meridian
Purpose: right-of-way for the construction, operation and maintenance of a sanitary sewer line
Recorded: March 2, 1978
Instrument No.: 7810815, records of Ada County, Idaho.
12. An easement for the purpose shown below and rights incidental thereto as set forth in a Grant of Easement.
Granted to: Dale Fischer, an individual, his assigns and to the City of Meridian
Purpose: easement and right to install, repair, maintain, alter and operate water mains and lines
Recorded: July 7, 1978
Instrument No.: 7836387, records of Ada County, Idaho.
13. An easement for the purpose shown below and rights incidental thereto as set forth in a Grant of Easement.
Granted to: City of Meridian, a municipal corporation
Purpose: right to install, repair, maintain, alter and operate water mains
Recorded: August 2, 1978
Instrument No.: 7841384, records of Ada County, Idaho.
'File Number: 15254827 ALTA Owner's Policy (6117106)
Policy Number: 81306-96992544
SCHEDULE C
Legal Description
A portion of the Southwest quarter in Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described
as follows:
Commencing at the quarter corner common to Sections 12 and 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said point
being a brass cap on Franklin Road; thence
North 0'00'35" West 1447.51 feet to a point on the South line of the Union Pacific Railroad right-of-way; thence along said right-of-way
North 89°06'32" West 317.24 feet to the Real Point of Beginning; thence
South 0000'35" East 586.43 feet to a point on the North right-of-way of Taylor Avenue; thence along said right-of-way
North 89°49'00" West 265.32 feet to a point of curvature; thence on a curve to the left whose central angle is 5°1724", whose radius is 110.00 feet,
whose tangent is 5.08 feet, whose length is 10.16 feet and whose long chord bears South 87'32'19" West 10.15 feet; thence
North 0001'00" West 590.30 feet to a point on the South line of the Union Pacific Railroad right -o€ -way; thence along said right-of-way
South 89°06'32" East 275.57 feet to the Point of Beginning.
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'File Number: 15254827 ALTA Owner's Policy (6/17106)
Policy Number: 81306-96992544
14, An easement for the purpose shown below and rights incidental thereto as set forth in a Grant of Easement.
Granted to: City of Meridian, a municipal corporation
Purpose: install, repair, maintain, alter and operate water and sewer mains
Recorded: August 8, 1978
Instrument No.: 7842423, records of Ada County, Idaho.
15. All matters, and any rights, easements, interests or claims as disclosed by Record of Survey No. 1233 recorded April 19, 1988 as Instrument No.
8818363, records of Ada County, Idaho,
a.) 10" Water Line along the southerly line
16. An easement for the purpose shown below and rights incidental thereto as set forth in a Water Main E=asement.
Granted to: City of Meridian
Purpose: right of way for an easement for the construction, operation, maintenance, repair and replacement of a water main
Recorded: December 23, 2005
Instrument No.: 105195840, records of Ada County, Idaho.
17, Terms and provisions contained in a License Agreement by and between Bayside Capital Co., a Nevada corporation, Bayside Idaho, LLC, a
Nevada limited liability company, Wilbur Family Living Trust, established by Instrument dated September 27, 1994, Richard lzmirian, an unmarried
individual, Luther Izmirian, a married person dealing with his sole and separate property and the Putnam Family Limited Partnership, a California
limited partnership ("Taylor Street Owners"), and SJL, LLC, a limited liability company ("adjacent owner").
Terms and provisions contained in an Assignment and Assumption of License Agreement.
Assignor: SJL, LLC, an Idaho limited liability company
Assignee: The Young Men's Christian Association of Boise City, Idaho, alkla The Boise Family YMCA, an Idaho non-profit corporation
Dated: January 1, 2011