Revised E-CommitmentALTA Commitment Form (6-17-06)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California corporation (“Company”), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in
favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest
in the land described or referred to in Schedule A, upon payment of the premiums and charges and
compliance with the Requirements; all subject to the provisions of Schedules A and B and to the
Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the
policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the
Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided
that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its
corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under
authority of its by-laws, effective as of the date of Commitment shown in Schedule A.
Issued By:
ID1003 * 18308059
TitleOne Corporation
1101 W. River Street, Suite 201
Boise, ID 83702
WESTCOR LAND TITLE INSURANCE COMPANY
By:
President
Attest:
Secretary
CM-2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition 9/26/07)
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B
hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability
for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so
disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company
otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company
at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included
under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance
hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in
Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event
shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is
subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. 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 as the exclusive remedy of the parties. You may
review a copy of the arbitration rules at http://www.alta.org.
Privacy Policy Notice
Rev. 10-23-2017
FACTS WHAT DOES TITLEONE CORPORATION DO WITH YOUR PERSONAL INFORMATION?
Why?Financial companies choose how they share your personal information. Federal law gives consumers the
right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and
protect your personal information. Please read this notice carefully to understand what we do.
What?The types of personal information we collect and share depend on the product or service you have with
us. This information can include:
Social Security number and account balances
Payment history and credit card or other debt
Checking account information and wire transfer instructions
When you are no longer our customer, we continue to share your information as described in this notice.
How?All financial companies need to share customers’ personal information to run their everyday business. In
the section below, we list the reasons financial companies can share their customers’ personal
information; the reasons TitleOne Corporation chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does TitleOne
Corporation
share?
Can you limit this sharing?
For our everyday business purposes – such as to process your
transactions, maintain your account(s), respond to court orders
and legal investigations, or report to credit bureaus Yes No
For our marketing purposes- to offer our products and services
to you
No We don’t share
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes- information
about your transactions and experiences
Yes No
For our affiliates’ everyday business purposes- information
about your creditworthiness
No We don’t share
For our affiliates to market to you No We don’t share
For nonaffiliates to market to you No We don’t share
Questions?Go to https://www.titleonecorp.com/
1101 W. River Street, Suite 201
Boise, ID 83702
Ph. (208)424-8511
Fx. (208)287-0951
www.titleonecorp.com
Page 2
Who we are
Who is providing this notice?TitleOne Corporation
What we do
How does TitleOne Corporation
protect my personal information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal law. These measures include
computer safeguards and secured files and buildings.
How does TitleOne Corporation
collect my personal information?
We collect your personal information, for example, when you
Apply for insurance or pay insurance premiums
Provide your mortgage information or show your driver’s license
Give us your contact information
We also collect your personal information from others, such as credit bureaus,
affiliates, or other companies.
Why can’t I limit all sharing?Federal law gives you the right to limit only
Sharing for affiliates’ everyday business purposes –information about
your creditworthiness
Affiliates from using your information to market to you
Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to limit
sharing.
Definitions
Affiliates Companies related by common ownership or control. They can be financial and
nonfinancial companies.
Our affiliates include companies that are owned in whole or in part by
Realogy Holdings Corp., such as Better Homes and Gardens® Real Estate,
CENTURY 21®, Coldwell Banker®, Coldwell Banker Commercial®, The
Corcoran Group®, ERA®, Sotheby's International Realty®, ZipRealty®,
NRT LLC, Cartus and Title Resource Group.
Nonaffiliates Companies not related by common ownership or control. They can be financial
and nonfinancial companies.
TitleOne Corporation does not share with nonaffiliates so they can market to
you.
Joint Marketing A formal agreement between nonaffiliated financial companies that together
market financial products or service to you.
TitleOne Corporation does not share with nonaffiliated financial companies
for joint marketing purposes.
Notice of Privacy Policy
of
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure
the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to
safeguard that information.
Who is Covered
We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this
means that the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer-related transactions, or from third parties such as our
title insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims
administration and accounting.
Information Sharing
Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing
agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the
consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a
joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC
uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information
as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and
has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural
safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can also be found on WLTIC’s website at www.wltic.com.
File Number: 18308059 ALTA Commitment (6/17/06)
TitleOne Corporation
Authorized Agent for:
Westcor Land Title Insurance Company
SCHEDULE A Revision: April 18, 2018
Changes Highlighted in Yellow.
1.Effective Date: April 12, 2018 at 07:30 AM
2.Policy or Policies to be issued:
X ALTA Owners Policy (6/17/06)Standard Coverage Policy Amount:$475,000.00
Proposed Insured:Premium:$1,599.00
Nobel Holdings LLC
Endorsements: None Requested Charge: $0.00
X ALTA Loan Policy (6/17/06)Extended Coverage Policy Amount:$285,000.00
Proposed Insured:Premium:$423.00
U.S. Bank National Association, its successors and/or assigns, as their interest may appear
Endorsements: ALTA 8.1-06 - Environmental Liens (Modified)$50.00 Charge:$50.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4.Title to the estate or interest in said land is at the effective date hereof vested in:
Brighton Land Holdings LLC, an Idaho limited liability company, as to an undivided fifty percent (50%) tenancy in common interest; and
SCS TM Creek LLC, an Idaho limited liability company, as to an undivided fifty percent (50%) tenancy in common interest.
5.The land referred to in this Commitment is described as follows:
See Attached Schedule C
TitleOne Corporation
By:
Scott Thiel, Authorized Signatory
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File Number: 18308059 ALTA Commitment (6/17/06)
SCHEDULE B-I
Requirements
The following are to be complied with:
1. The Company will require delivery of and approval by the Company of an Indemnity and Affidavit as to Debts, Liens and Possession,
prior to the issuance of the policy.
2. The Company requires any improvements and/or repairs or alterations thereto completed within the last 90 days by a contractor, sub-
contractors, labor and materialmen are all paid, if any.
If work has commenced, we will require satisfactory evidence of payment.
3. The Company will require a copy of the Operating Agreement, with all amendments and assignments, and a resolution from the
members of Brighton Land Holdings LLC, an Idaho limited liability company showing the power and authority of the party or parties who
plan to execute the forthcoming conveyance or mortgage on behalf of said limited liability company.
4. The Company will require a copy of the Operating Agreement, with all amendments and assignments, and a resolution from the
members of SCS TM Creek LLC, an Idaho limited liability company showing the power and authority of the party or parties who plan to
execute the forthcoming conveyance or mortgage on behalf of said limited liability company.
5. The Company will require a copy of the Operating Agreement, with all amendments and assignments, and a resolution from the
members of Nobel Holdings LLC, an Idaho limited liability company showing the power and authority of the party or parties who plan to
execute the forthcoming conveyance or mortgage on behalf of said limited liability company.
6. A Special Warranty Deed from Brighton Land Holdings LLC, an Idaho limited liability company, as to an undivided fifty percent (50%)
tenancy in common interest and SCS TM Creek LLC, an Idaho limited liability company, as to an undivided fifty percent (50%) tenancy in
common interest to Nobel Holdings LLC, an Idaho limited liability company.
7. NOTE: According to the available records, the purported address of said land is:
NNA W Peak Cloud Lane
Meridian, Idaho 83642
8. NOTE: Additional Underlying Documents.
To view the PLAT MAP(s) click here.
To view the VESTING DEED(s) click here.
9. Deed of Trust or Mortgage securing the loan.
NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the Trustee is: TitleOne
Corporation
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File Number: 18308059 ALTA Commitment (6/17/06)
SCHEDULE B-II
Exceptions From Coverage
Note: The Policy (or Policies) may contain a clause permitting arbitration of claims at the request of either the Insured or the Company.
Upon request the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the
transaction.
Any policy we issue will have the following Exceptions unless they are taken care of to our satisfaction. If the Company’s requirements
are satisfied, Exceptions 1 through 6 will be removed on Enhanced/Extended coverage policies.
Exceptions:
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 2018 which are a lien not yet due and payable.
Note: New Parcel number for the year 2018.
Parcel Number: R8483020100
NOTE: To view said Taxes click here.
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.
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.
10. Reservations and exceptions in a United States Patent, and in the act authorizing the issuance thereof, recorded May 31, 2014 in Book
3 of Patents, at Page 71, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
11. Terms, provisions, conditions, and, restrictions contained in Agreement by and between Elton C. Clapp and Emily Clapp, husband and
wife; Nellie J. Neitzel; Serafin Lopez De Vinaspre; Maude M. Goulding and Lowell Manchester.
Recorded: July 15, 1940
Instrument No: 198669
Book 16 of Contracts, at Page 605 and 606, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
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File Number: 18308059 ALTA Commitment (6/17/06)
12. An easement for the purpose shown below and rights incidental thereto as set forth in a Sanitary Sewer and Water Main Easement
Parcel 16 - SCS Brighton, LLC Easement No. 1.
Granted to: City of Meridian, Ada County, Idaho
Purpose: construction and operation of sanitary sewer and water lines and their allied facilities, together with their maintenance,
additional connection thereto, repair and replacement, with the free right of acess
Recorded: April 25, 2013
Instrument No.: 113044721, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
13. Terms and provisions contained in a Development Agreement by and between the City of Meridian and SCS Brighton, LLC.
Recorded: June 12, 2014
Instrument No.: 114045759, records of Ada County, Idaho;
Addendum to Development Agreement
Recorded: May 4, 2016
Instrument No.: 2016-037777, records of Ada County, Idaho;
Addendum to Development Agreement
Recorded: August 11, 2016
Instrument No.: 2016-073497, records of Ada County, Idaho;
2nd Addendum to Development Agreement
Recorded: November 29, 2017
Instrument No.: 2017-113747, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
14. Terms and provisions contained in City of Meridian Ordinance No. 14-1615.
Recorded: June 12, 2014
Instrument No.: 114045762, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
15. An easement for the purpose shown below and rights incidental thereto as set forth in a Declaration and Grant of Easement.
Purpose: ingress and egress of vehicular travel, including emergency vehicles, and the installation and operation of public utilities
Recorded: November 12, 2015
Instrument No.: 2015-104241, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
16. Terms and provisions contained in an Ordinance No. 16-1695.
Recorded: June 30, 2016
Instrument No.: 2016-057837, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
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File Number: 18308059 ALTA Commitment (6/17/06)
17. Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile Creek, but omitting
any covenants or restrictions, if any, to the extent that such covenants, conditions or restrictions violate 42 USC 3604 (c) or any other
ordinance, statute or regulation.
Recorded: July 19, 2016
Instrument No.: 2016-064819, records of Ada County, Idaho;
First Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile
Creek.
Recorded: October 31, 2016
Instrument No.: 2016-105315, records of Ada County, Idaho;
Second Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile
Creek.
Recorded: June 30, 2017
Instrument No.: 2017-060093, records of Ada County, Idaho;
Third Amendment to Master Declaration of Covenants Conditions and Restrictions and Reciprocal Easement Agreement for Ten Mile
Creek.
Recorded: December 5, 2017
Instrument No.: 2017-115929, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
18. Terms and provisions contained in a License Agreement by and between Nampa & Meridian Irrigation District and SCS Brighton LLC.,
an Idaho limited liability company.
Recorded: February 10, 2017
Instrument No.: 2017-012735, records of Ada County, Idaho;
Addendum to License Agreement
Recorded: November 13, 2017
Instrument No.: 2017-108417, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
19. Terms and provisions contained in a Memorandum of Owner Participation Agreement by and between Meridian Development
Corporation; Tem Mile Crossing, Inc., an Idaho corporation; Brighton Corporation, an Idaho corporation; SCS Brighton LLC, an Idaho
limited liability company; Brighton Investments LLC, an Idaho limited liability company; SCS Investments LLC, an Idaho limited liability
company; and SBG Ten Mile Office No. 1, LLC, an Idaho limited liability company.
Recorded: February 23, 2017
Instrument No.: 2017-016473, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
20. Terms and provisions contained in a Temporary License Agreement by and between Ada County Highway District and Brighton Land
Holdings, LLC, a limited liability company and SCS TM Creek, LLC, a limited liability company.
Recorded: June 26, 2017
Instrument No.: 2017-058116, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
21. An easement with certain terms and provisions as set forth in a Declaration and Grant of Easement.
Grantor: Brighton Land Holdings LLC, an Idaho limited liability company and SCS TM Creek LLC, an Idaho limited liability company
Recorded: August 30, 2017
Instrument No.: 2017-081211
Re-Record: November 7, 2017
Instrument No.: 2017-106869, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
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File Number: 18308059 ALTA Commitment (6/17/06)
22. Easements, reservations, restrictions, and dedications as shown on the plat of TM Creek Subdivision No. 2 recorded December 5, 2017
as Instrument No. 2017-115925, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
23. Terms, provisions, covenants, conditions, and, restrictions contained in a Central District Health Letter.
Recorded: December 5, 2017
Instrument No.: 2017-115934, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
24. Terms and provisions contained in City of Meridian Development Surety Agreement Ten Mile Creek Subdivision No. 2 by and between
City of Meridian, a municipal corporation and Brighton Development, Inc.
Recorded: January 5, 2018
Instrument No.: 2018-001683, records of Ada County, Idaho.
NOTE: To view said document(s) click here.
(End of Exceptions)
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File Number: 18308059 ALTA Commitment (6/17/06)
SCHEDULE C
Legal Description:
Lot 18 in Block 2 of TM Creek Subdivision No. 2, according to the official plat thereof, filed in Book 112 of Plats at Pages 16402 through
16407, official records of Ada County, Idaho.
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TitleOne Corporation
Authorized Agent for:
Westcor Land Title Insurance Company
File Number:18308059
Contact Information
We would like to thank you for your business and we appreciate the opportunity to serve you. The title commitment has been sent to the parties listed below.
If you have any closing questions, please contact your Escrow team:
Scott Darling
sdarling@titleonecorp.com
(208)287-5300
Carly Reyes
creyes@titleonecorp.com
(208) 287-0945
Vicky Hill
vhill@titleonecorp.com
(208) 489-7260
TitleOne Corporation State License: 77039
If you have any title questions, please contact your Title Officer:
Scott Thiel
sthiel@titleonecorp.com
(208) 287-5314
TitleOne Corporation Address:
1101 W. River Street, Suite 201
Boise, ID 83702
Lender: U.S. Bank N.A.
Mark Munroe
MARK.MUNROE@usbank.com
(208) 383-7027
Agents / Brokers and Transaction Coordinators
Holly Chetwood
Thornton Oliver Keller Commercial
Real Estate
holly@tokcommercial.com
(208)947-0827
Lenny Nelson
Thornton Oliver Keller Commercial
Real Estate
lenny@tokcommercial.com
(208)947-0806
Legal Counsel
Amanda McCurry
amccurry@brightoncorp.com
(208)287-0523