PZ - Deed ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2
BOISE IDAHO 03/03/2014 03:39 PM
DEPUTY Victoria Bailey
Simpli E Recording I IIIIII'lll IIIII IIIIII IIIIII IIII IIIII IIIIII IIIII III IIIII IIII IIII
RECORR DED-REQD-REQ UEST OF
T i t l e O n e TITLEONE BOISE 114015799
a title &escrow co.
Order Number: 14233046 1 r l S'fD
ELECTRONICALLY RECORDED
WARRANTY DEED STAMPED FIRST PAGE NOW
INCORPORATED AS PART OF
THE ORIGINAL DOCUMENT
For Value Received,
Cleora W. McFadden, a Protected Person, by Carole K. McFadden,as Successor Conservator in
Case No. SPG10500051 ,the Grantor,does hereby grant,bargain sell and convey unto, Cole Community
Church, Inc.,an Idaho corporation ,whose current address is 8775 Ustick Rd., Boise, ID 83704,the
Grantee,the following described premises, in Ada County, Idaho,To Wit:
A parcel of land located in the Southeast quarter of the Northwest quarter in Section 7,Township 3
North, Range 1 East, Boise Meridian,Ada County, Idaho more particularly described as follows:
Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise Meridian, and
running;thence
North along the center line of said Section 7,632 feet; thence
West 720 feet to the Real Place of Beginning; thence running
North 331 feet;thence running West to the West line of the East Half of the Northwest quarter of
Section 7;thence running
South 331 feet;thence running East to the Place of Beginning.
Except
That portion deeded to the City of Meridian described in Deed recorded January 12, 1929 and filed in
Book 186 of Pages 274 and 275, as Instrument No. 133467, records of Ada County, Idaho.
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 singular
number includes the plural.
Dated:
Warranty Deed
Page I of 2
Cleora W. McFadden, a Protected Person, by Carole K. McFadden, as Successor Conservator in Case No.
SPG10500051 / q
By: � /Gti/ 4
Carole K. McFadden, Successor Conservator
State of --role , County of Al ,ss.
On this �day of�in the year of 2014, before me,the undersigned,a notary
public in and for said state, personally appeared Carole K, McFadden, known or identified to me to be the
person whose name is subscribed to the within instrument, as the successor conservator of the estate of
Cleora W. McFadden and acknowledged to me that she executed the same as such personal representative
of the estate of Cleora W. McFadden.
DAR<!",
Notary Public e°°Go••,.•••••••.,•�c '.,;
My Commission Expires: RESIDING:BOISE,10 ��• aTARY '•
(seal) COMMISSION EXPIRES:11.W19
PUI3L\
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Warranty Deed
Page 2 of 2
Fidelity National Title Insurance Company
POLICY NO.: ID2004-10-14233046-2014.27306-90883056
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Connpany 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 TIME
CONDITIONS,FIDELITY NA TIONAL TITLE INSURANCE COMPANY,a California 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 loss or damage, not exceeding the Amount of Insurance, sustained or insured 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 fh-onn
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress, incompetency,incapacity,or impersonation;
(h) failure of any person or Entity to have authorized a transfer or conveyance;
(iil) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(in) failure to peifonn those acts necessary to create a document by electronic nneans authorized by law;
(v) a document executed under a falsified, expired,or otherwise invalid power ofatorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic moans
authorized by law;or
(vii)a defective judicial or administrative proceeding.
(b) The lien ofreal estate taxes or assessmems imposed on the Tide 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 file 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 fron 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 ofthe 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 pat of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the
extent ofthe 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 o 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 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 underfederal 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 credhors'righis laws by reason ofthe 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.
27306(6/06) ALTA Owners Policy(6/17/06)
10. Anv defect in or lien or encumbrance on the Title or other matter included in Covered Risks l 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 WHEREON; FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorised
officers.
Fidelity National Title Insurance Company
Countersigned:
i •SEAL � r�,..tM
�✓/7 f u
Addie Eldredge
Authorized Signatory
ID2004 14233046
TiticOne Corporation
1101 W.River Street, Suite 201
Boise,ID 83702
27306(6/06) ALTA 0.u's Polity
(6/17/06)
EXCLUSIONS FROM COVERAGE
The following matters me expressly excluded from the coverage of this policy, and lire 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 govenunental regulations.This Exclusion I(a)does not modify or limit the coverage provided
under Covered Risk 5. -
(b) Any governmental police power.This Exclusion l(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 Clamant 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 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 Claunant 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 behveen 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 (h)"Mortgage": Mortgage, deed of trust, trust deed, or other security
The following terns when used in this policy mean: instrument,including one evidenced by electronic means authorized by law.
(a) "Amount of Insurance':The amount stated in Schedule A,as may be (i) "Public Records":Records established under state statutes at Date of
increased or decreased by endorsement to this policy, increased by Section Policy for the purpose of imparting constructive notice of matters relating to
8(b),or decreased by Sections 10 and 1 I of these Conditions. real property to purchasers for value and without Knowledge.With respect
(b)"Date of Policy": The date designated as `Date of Policy" in to Covered Risk 5(d), "Public Records" shall also include environmental
Schedule A. protection liens filed in the records of the clerk of the United Stales District
(c) "Entity":A corporation,partnership,trust,limited liability company, Court for the district where the Land is located.
or other similar legal entity. 0) "Title":The estate or interest described in Schedule A.
(d)"Insured":The Insured named in Schedule A. (k)"Unmarketable Title":Title affected by an alleged or apparent matter
(i) The tern"Insured"also includes that would permit a prospective purchaser or lessee of the Title or lender on
(A)sucrossors to the Title of the Insured by operation of law as the Title to be released from the obligation to purchase, lease, or lend if
distinguished from purchase, including heirs, devisees, survivors, personal there is a contractual condition requiring the delivery of marketable title.
representatives,or next of kin; 2. CONTINUATION OF INSURANCE
(B)successors to an Insured by dissolution, merger, The coverage of this policy shall continue in force as of Date of Policy
consolidation,distribution,or reorganization; in favor of an Insured,but only so long as the Insured retains an estate or
(C)successors to an Insured by its conversion to another kind of interest in the Land, or holds an obligation secured by a purchase money
Entity; Mortgage given by a purchaser from the Insured, or only so long as the
Uya grantee of an Insured under a deed delivered without Insured shall have liability by reason of warranties in any transfer or
payment of actual valuable consideration conveying the Title conveyance of the Title. This policy shall not continue in force in favor of
(1)if the stock,shares,memberships,or other equity interests any purchaser from the Insured of either(i)an estate or interest in the Land,
of the grantee are wholly-owned by the named Insured, or (ii) an obligation secured by a purchase money Mortgage given to the
(2)if the grantee wholly owns the named Insured, Insured.
(3)if the grantee is wholly-owned by an affiliated Entity of 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
the named Insured,provided the affiliated Entity and the named Insured are The Insured shall notify the Company promptly in writing(i)in case of
both wholly-owned by the same person or Entity,or any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
(4)if the grantee is a trustee or beneficiary of a trust created Knowledge shall come to an Insured hereunder of any claim of title or
by a written instrument established by the Insured named in Schedule A for interest that is adverse to the Title,as insured, and that might cause loss or
estate planning purposes. damage for which the Company may be liable by virtue of this policy, or
(ii)With regard to (A), (B), (C), and (D) reserving, however, all (iii) if the Title, as insured, is rejected as Unmarketable Title. If the
rights and defenses as to any successor that the Company would have had Company is prejudiced by the failure of the Insured Claimant to provide
against any predecessor Insured. prompt notice, the Company's liability to the Insured Claimant under the
(e) "Insured Claimant":An Insured claiming loss or damage. policy shall be reduced to the extent of the prejudice.
(i) "Knowledge" or `Known": Actual knowledge, not constructive 4. PROOF OF LOSS
knowledge or notice that may be imputed to an Insured by reason of the In the event the Company is unable to determine the amount of loss or
Public Records or any other records that impart constructive notice of damage,the Company may,at its option,require as a condition of payment
matters affecting the Title. that the Insured Claimant furnish a signed proof of loss. The proof of loss
(g)"Land": The land described in Schedule A, and affixed must describe the defect, lien,encumbrance,or other matter insured against
improvements that by law constitute real property. The term "Land" does by this policy that constitutes the basis of loss or damage and shall state,to
not include any property beyond the lines of the area described in Schedule the extent possible, the basis of calculating the amount of the loss or
A.nor any right,title,interest,estate,or easement in abutting streets,roads, damage.
avenues,alleys,lanes,ways,or waterways,but this does not modify or limit 5. DEFENSE AND PROSECUTION OF ACTIONS
the extent that a right of access to and from the Land is insured by this (a) Upon written request by the Insured, and subject to the options
policy. contained in Section 7 of these Conditions,the Company,at its own cost and
27306(6/06) ALTA Owner's Miq(6/17/06)
without unreasonable delay, shall provide for the defense of an Insured in make the payment required in this subsection,shall terminate,including any
litigation in which any third party asserts a claim covered by this policy liability or obligation to defend,prosecute,or continue any litigation.
adverse to the Insured.This obligation is limited to only those stated causes (b)To Pay or Otherwise Settle With Parties Other Than the Insured or
of action alleging matters insured against by this policy.The Company shall With the Insured Claimant.
have the right to select counsel of its choice (subject to the right of the (i) To pay or otherwise settle with other parties for or in the name of
Insured to object for reasonable cause)to represent the Insured as to those an Insured Claunant any claim insured against under this policy.In addition,
slated causes of action. It shall not be liable for and will not pay the fees of the Company will pay any costs, attorneys' fees,and expenses incurred by
any other counsel. The Company will not pay any fees, costs, or expenses the Insured Claimant that were authorized by the Company up to the time of
incurred by the Insured in the defense of those causes of action that allege payment and that the Company is obligated to pay;or
matters not insured against by this policy. (ii)To pay or otherwise settle with the Insured Claimant the loss or
(b)The Company shall have the right, in addition to the options damage provided for under this policy, together with any costs, attorneys' -
contained in Section 7 of these Conditions, at its own cost,to institute and fees,and expenses incurred by the Insured Claimant that were authorized by
prosecute any action or proceeding or to do any other act that in its opinion the Company up to the time of payment and that the Company is obligated
may be necessary or desirable to establish the Title,as insured,or to prevent to pay.
or reduce loss or damage to the Insured. The Company may take any Upon the exercise by the Company of either of the options provided for
appropriate action under the terns of this policy,whether or not it shall be in subsections(b)(i)or(ii),the Company's obligations to the Insured under
liable to the Insured.The exercise of these rights shall not be an admission this policy for the claimed loss or damage,other than the payments required
of liability or waiver of any provision of this policy. If the Company to be made, shall terminate, including any liability or obligation to defend,
exercises its rights under this subsection,it must do so diligently. prosecute,or continue any litigation.
(c) Whenever the Company brings an action or asserts a defense as 8. DETERMINATION AND EXTENT OF LIABILITY
required or permitted by this policy,the Company may pursue the litigation This policy is a contract of indemnity against actual monetary loss or
to a final determination by a court of competent jurisdiction,and it expressly damage sustained or incurred by the Insured Claimant who has suffered loss
reserves the right,in its sole discretion,to appeal from any adverse judgment or damage by reason of matters insured against by this policy.
or order. (a) The extent of liability of the Company for loss or damage under this
6. DUTY OF INSURED CLAIMANT TO COOPERATE policy shall not exceed the lesser of
(a) In all cases where this policy permits or requires the Company to (i) the Amount of Insurance;or
prosecute or provide for the defense of any action or proceeding and any (ii)the difference between the value of the Title as insured and the
appeals,the Insured shall secure to the Company the right to so prosecute or value of the Title subject to the risk insured against by this policy.
provide defense in the action or proceeding,including the right to use,at its (b)If the Company pursues its rights under Section 5 of these
option,the name of the Insured for this purpose.Whenever requested by the Conditions and is unsuccessful in establishing the Title,as insured,
Company,the Insured, at the Company's expense, shall give the Company (i) the Amount of Insurance shall be increased by 100/y and
all reasonable aid(i)in securing evidence,obtaining witnesses,prosecuting (ii)the Insured Claimant shall have the right to have the loss or
or defending the action or proceeding,or effecting settlement,and(ii)in any damage determined either as of the date the claim was made by the Insured
other lawful act that in the opinion of the Company may be necessary or Claimant or as of the dale it is settled and paid.
desirable to establish the Title or any other matter as insured. If the (e) In addition to the extent of liability under(a)and(b), the Company
Company is prejudiced by the failure of the Insured to furnish the required will also pay those costs, attomeys' fees, and expenses incurred in
cooperation,the Company's obligations to the Insured under the policy shall accordance with Sections 5 and 7 of these Conditions.
terminate, including any liability or obligation to defend, prosecute, or 9. LIMITATION OF LIABILITY
continue any litigation, with regard to the matter or matters requiring such (a)If the Company establishes the Title,or removes the alleged defect,
cooperation. lien or encumbrance, or cures the lack of a right of access to or from the
(b)The Company may reasonably require the Insured Claimant to Land, or cures the claim of Unmarketable Title, all as insured, in a
submit to examination under oath by any authorized representative of the reasonably diligent manner by any method, including litigation and the
Company and to produce for examination, inspection,and copying,at such completion of any appeals,it shall have fully performed its obligations with
reasonable times and places as may be designated by the authorized respect to that matter and shall not be liable for any loss or damage caused to
representative of the Company,all records,in whatever medium maintained, the Insured.
including books, ledgers, checks, memoranda, correspondence, reports, e- (b)In the event of any litigation,including litigation by the Company or
mails,disks,tapes,and videos whether bearing a date before or after Date of with the Company's consent,the Company shall have no liability for loss or
Policy,that reasonably pertain to the loss or damage.Further,if requested by damage until there has been a final determination by a court of competent
any authorized representative of the Company, the Insured Claimant shall jurisdiction,and disposition of all appeals,adverse to the Title,as insured.
grant its permission, in writing, for any authorized representative of the (c) The Company shall not be liable for loss or damage to the Insured
Company to examine,inspect,and copy all of these records in the custody or for liability voluntarily assumed by the Insured in settling any claim or suit
control of a third party that reasonably pertain to the loss or damage. All without the prior written consent of the Company.
information designated as confidential by the Insured Claimant provided to 10.REDUCTION OF INSURANCE; REDUCTION OR
the Company pursuant to this Section shall not be disclosed to others unless, TERMINATION OF LIABILITY
in the reasonable judgment of the Company, it is necessary in the All payments under this policy, except payments made for costs,
administration of the claim. Failure of the Insured Claimant to submit for attorneys' fees,and expenses,shall reduce the Amount of Insurance by the
examination under oath, produce any reasonably requested information, or amount of the payment.
grant permission to secure reasonably necessary information from third 11.LIABILITY NONCUMULATIVE
parties as required in this subsection, unless prohibited by law or The Amount of Insurance shall be reduced by any amount the Company
governmental regulation,shall terminate any liability of the Company under pays under any policy insuring a Mortgage to which exception is taken in
this policy as to that claim. Schedule B or to which the Insured has agreed,assumed,or taken subject,or
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; which is executed by an Insured after Date of Policy and which is a charge
TERMINATION OF LIABILITY or lien on the Title,and the amount so paid shall be deemed a payment to the
In case of a claim under this policy, the Company shall have the Insured under this policy.
following additional options: 12.PAYMENT OF LOSS
(a) To Pay or Tender Payment of the Amount of Insurance. When liability and the extent of loss or damage have been definitely
To pay or tender payment of the Amount of Insurance under this policy fixed in accordance with these Conditions,the payment shall be made within
together with any costs, attorneys' fees, and expenses incurred by the 30 days.
Insured Claimant that were authorized by the Company up to the time of 13.RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
payment or tender of payment and that the Company is obligated to pay. (a) Whenever the Company shall have settled and paid a claim under
Upon the exercise by the Company of this option, all liability and this policy, it shall be subrogated and entitled to the rights of the Insured
obligations of the Company to the Insured under this policy, other than to Claimant in the Title and all other rights and remedies in respect to the claim
27306(6/06) ALTA 0.e's Policy(6/17/06)
that the Insured Claimant has against any person or property,to the extent of at Fidelity National Title Insurance Company,Attn: Claims Department,P.
the amount of any loss, costs, attorneys' fees, and expenses paid by the O.Box 45023,Jacksonville,Florida 32232-5023.
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 alter 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. 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 Tide
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 terns 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
27306(6/06) ALTA Owner's Policy(6/17/06)
ALTA Owner's Policy(6/17/06)
TitleOne Corporation
t4t ;? Authorized Agent for:
TitleOne Fidelity National Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company: Fidelity National Title Insurance Company
601 Riverside Avenue,Building 5,4th Floor
Jacksonville,FL 32204
File Number: 14233046
Policy Number:27306-90883056
Date of Policy:March 3,2014 at 3:39PM
Amount of Insurance:$500,000.00
Premium:$2,004.00
Property Address Reference: 1108 NE 21/2 St,Meridian,ID 83642
1. Name of Insured:
Cole Community Church,Inc.
2. The estate or interest in the land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Cole Community Church,Inc.,an Idaho corporation
4. The Land referred to in this policy is described as follows:
See Attached Schedule C
TitleOne Corporation
By:
Addle Eldredge,Authorized Signatory
ALTA Owner's Policy(6/17106)
SCHEDULE B
Exceptions from Coverage
File Number: 14233046
Policy Number:27306-90883056
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.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.
2.Easements,or claims of easements,not shown by the public records.
3.Taxes,including any assessments collected therewith,for the year 2014 which are a lien not yet due and payable.
4.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.
5.Liens,levies and assessment of any and all irrigation districts,including but not limited to Nampa-Meridian Irrigation District(20BA66-7861)and is
subject to any assessments levied thereby. Paid Current.
6.Right-of-way for 2nd 1/2 Street and the rights of access thereto for maintenance of said street.
7.Right-of-way for East Carlton Avenue and the rights of access thereto for maintenance of said avenue.
8.Right-of-way for East Washington Street and the rights of access thereto for maintenance of said street.
ALTA Owner's Policy(6117/06)
SCHEDULE C
Legal Description
A parcel of land located in the Southeast quarter of the Northwest quarter in Section 7,Township 3 North,Range 1 East,Boise Meridian,Ada
County,Idaho more particularly described as follows:
Commencing at the center of Section 7,Township 3 North,Range 1 East,Boise Meridian,and running;thence
North along the center line of said Section 7,632 feet;thence
West 720 feet to the Real Place of Beginning;thence running
North 331 feet;thence running West to the West line of the East Half of the Northwest quarter of Section 7;thence running
South 331 feet;thence running East to the Place of Beginning.
Except
That portion deeded to the City of Meridian described in Deed recorded January 12, 1929 and fled in Book 186 of Pages 274 and 275,as Instrument
No. 133467,records of Ada County,Idaho.
geoAdvantage: Ada County of Idaho State(App4) Page 1 of 1
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Sentry Dynamics,Inc.and its
customers make no representations,
warranties or conditions,express or geoAdvanlage
implied,as to the accuracy or wwvedrvitrha.arg2il8i75.1252 "
completeness of information
contained in this report.
http://geo.sentrydynaniics.net/fD_Ada/default.aspx 2/19/2014
Lill''�,
TitleOne
n title & escrow co.
Order Number: 14233046 q �S
WARRANTY DEED
For Value Received,
Cleora W. McFadden, a Protected Person, by Carole K. McFadden, as Successor Conservator in
Case No. SPG10500051 ,the Grantor,does hereby grant, bargain sell and convey unto, Cole Community
Church, Inc., an Idaho corporation , whose current address is 8775 Ustick Rd., Boise, ID 83704, the
Grantee,the following described premises, in Ada County, Idaho, To Wit:
A parcel of land located in the Southeast quarter of the Northwest quarter in Section 7, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows:
Commencing at the center of Section 7, Township 3 North, Range 1 East, Boise Meridian, and
running; thence
North along the center line of said Section 7,632 feet;thence
West 720 feet to the Real Place of Beginning;thence running
North 331 feet;thence running West to the West line of the East Half of the Northwest quarter of
Section 7;thence running
South 331 feet; thence running East to the Place of Beginning.
Except
That portion deeded to the City of Meridian described in Deed recorded January 12, 1929 and filed in
Book 186 of Pages 274 and 275, as Instrument No. 133467, records of Ada County, Idaho.
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 singular
number includes the plural.
Dated: ?/�/j
Warranty Deed
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