02 03 Union 93 West, CZC, LAND OWNERSHIPLOBO ROJO PLLC
1817 N Arches Way, Eagle, ID 83616
208-949-6244
May 6, 2021
Alan Tiefenbach
City of Meridian Community Development Dept.
33 E. Broadway Ave., Suite 102
Meridian, ID 83642
RE: East Broadway Investment Company, LLC – Land Acquisition and Ownership Summary
Mr. Tiefenbach:
The purpose of this letter is to summarize the ownership structure of the property where the Union 93
project is being developed.
On or about December 31, 2020, East Broadway Investment Company, LLC ("EBIC"), an Idaho limited
liability company, acquired fee simple title to the Land described in the Owner's Policy No. 34601911091
(attached) issued by Fidelity National Title Insurance Company.
The Land contains approximately 5.607 acres per the ALTA/SNPS Land Title Survey revision dated
12/02/2020 prepared by Jeff Beagley, Sawtooth Land Surveying, LLC and certified to EBIC (and others).
EBIC acquired the Land by means of several dozen separate quitclaim deeds from heirs of deceased
owners of record, a quitclaim deed from Ada County Highway District, and a release of right-of-way
from Union Pacific Railroad. These documents were recorded in Ada County land records.
The amended certificate of organization of EBIC filed January 26, 2021 and the current operating
agreement adopted as of the same date are attached. Bill Truax is the individual who is authorized to
sign as president of the manager of the sole member of EBIC.
On January 7, 2021, a Record of Survey - Property Boundary Adjustment (attached) of the Land was
recorded in the land records of Ada County, ID.
On January 12, 2021, Parcel A (as shown in the ROS) was conveyed by Quit Claim Deed (attached) from
EBIC to Galena Holding LLC ("Holding"), an Idaho limited liability company.
The operating agreement and the amended certificate of formation of Holding are attached. Bill Truax
is the individual who is authorized to sign as the manager of the managing member of Holding.
Please let me know if you have any questions regarding the foregoing. A graphic representation of the
property ownership is shown in Exhibit 1 on the following page.
Sincerely,
Bryan W. Aydelotte, Esq.
LOBO ROJO PLLC
1817 N Arches Way, Eagle, ID 83616
208-949-6244
Exhibit 1 – Parcel Ownership
ALTA OWNER'S POLICY OF TITLE INSURANCE
Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 1 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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,FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida 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 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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 2 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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.
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,FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Fidelity National Title Company
485 East Riverside Dr., Suite 200
Eagle, ID 83616
Fidelity National Title Insurance Company
By:
Countersigned By:
Authorized Officer or Agent
President
Attest:
Secretary
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 3 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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 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 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.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 4 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
SCHEDULE A
Name and Address of Title Insurance Company:Matt Carey
Fidelity National Title Company
485 East Riverside Dr., Suite 200
Eagle, ID 83616
Address Reference:Tbd, Parcels: S1107325700, S1107325600, R7596000545,Meridian, ID 83642
Date of Policy Amount of Insurance Premium
December 31, 2020 at 02:09 PM $3,419,372.88 $12,579.00
1. Name of Insured:
East Broadway Investment Company, LLC
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
East Broadway Investment Company, LLC
4. The Land referred to in this policy is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED
END OF SCHEDULE A
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
EXHIBIT "A"
Legal Description
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 5 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
As Survyed Description:
A parcel of Land located in Government Lot 3 and in the Northeast 1/4 Southwest 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows;
Commencing at a 5/8 inch rebar with an illegible cap marking the intersection of East 3rd Street and East Broadway
Avenue;
thence
South 01°21'54" West, coincident with the centerline of said East 3rd Street, a distance of 40.00 feet;
thence
North 88°42'22" West, 40.00 feet to the Westerly right-of-way of said East 3rd Street and the POINT OF BEGINNING;
thence
South 01°21'54" West, coincident with said Westerly right-of-way of East, 3rd Street, a distance of 362.28 feet to the
Northerly right-of-way of the Union Pacific Railroad;
thence
North 88°30'19" West, coincident with said Northerly right-of-way of the Union Pacific Railroad, a distance of 673.87 feet to
the Easterly right-of-way of North Main Street;
thence
North 00°33'11" East, coincident with said Easterly right-of-way line of North Main Street, a distance of 359.94 feet to the
Southerly right-of-way line of East Broadway Avenue;
thence
South 88°42'22" East, coincident with said Southerly right-of-way line of East Broadway Avenue, a distance of 678.97 feet
to the POINT OF BEGINNING.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 6 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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.General taxes which may be assessed and extended on any "subsequent" or "occupancy" tax roll for the current
year and any previous years with respect to improvements completed which may have escaped assessment on
the regular tax roll.
2.Liens, levies and assessments of the CITY OF MERIDIAN. Paid Current
3.Liens and assessments of the NAMPA MERIDIAN IRRIGATION DISTRICT, and the rights, powers and
easements of said district as by law provided. Paid Current
4.Right of way for Hunter Lateral, and the rights of access thereto for maintenance of said lateral.
And shown on ALTA/NSPS Land Title Survey Project No. 19161, by Jeff Beagley PLS 11574 with Sawtooth Land
Surveying, LLC, as a 40' right of way easement centered on the centerline of canal
5.Rights of the public to any portion of the Land lying within the area commonly known as
Broadway Avenue
Railroad Avenue
East First Street (aka Main Street)
East 2nd Street
East 3rd Street
intentionally deleted
And shown on ALTA/NSPS Land Title Survey Project No. 19161, by Jeff Beagley PLS 11574 with Sawtooth Land
Surveying, LLC, as a 40' presecriptive right of way easement from the centerline for East Broadway Ave and North
Main Street
6.Intentionally deleted
7.Reservations, exceptions and provisions contained in the patent from the United States of America, and in the
acts authorizing the issuance thereof.
Recording Date: August 18, 1893
Book 3 of Patents at Page 80
8.Reservations, exceptions and provisions contained in the patent from the United States of America, and in the
acts authorizing the issuance thereof.
Recording Date: March 28, 1902
Book 3 of Patents at Page 246
9.Terms, conditions, provisions, easements and obligations set forth in that certain Master Pathway Agreement
Between: Nampa & Meridian Irrigation District and the City of Meridian
Recorded: December 26, 2000
Instrument No: 100102999
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 7 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
10.Terms, conditions, provisions, and obligations set forth in that certain Ordinance No. 02-987 by the Meridian City
Council approving Meridian Revitalization Plan
Recorded: December 13, 2002
Instrument No: 102149597
11.Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement
Between: Nampa & Meridian Irrigation District and Cable One, Inc., a corporation
Recorded: November 28, 2008
Instrument No: 108128178
12.Terms, conditions, provisions, easements and obligations set forth in that certain Easement by Deed by Court
Order in Settlement of Landowner Action, Case No. 1:01-CV-286-BLW, United States District Court, District of
Idaho
Between: Dennis Koyle, et al vs Level 3 communications, Inc., et al
Recording Date: September 20, 2011
Recording No: 111075823
13.Terms, conditions, provisions, easements and obligations set forth in that certain Agreement
Between: Nampa & Meridian Irrigation District and City of Meridian
Recorded: August 24, 2012
Instrument No: 112085657
14.Terms, conditions, provisions, easements and obligations set forth in that certain Interagency License Agreement
Between: Meridian Development Corporation and the Ada County Highway District
Recorded: November 26, 2013
Instrument No: 113128364
15.Terms, conditions, provisions, easements and obligations set forth in that certain License Agreement
Between: Nampa & Meridian Irrigation District and Century Link, a corporation
Recorded: November 4, 2016
Instrument No: 2016-106891
And shown on ALTA/NSPS Land Title Survey Project No. 19161, by Jeff Beagley PLS 11574 with Sawtooth Land
Surveying, LLC, as a 40' right of way easement centered on the centerline of canal
16.Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey,
Job No.: 19161
Dated: July 20, 2019, and revised December 2, 2020
Prepared by: Jeff Beagley, PLS 11574, Sawtooth Land Surveying, LLC
Matters shown:
a. prescriptive right of way for E Broadway Avenue being 40' wide located across the northerly portion of subject
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
SCHEDULE B
EXCEPTIONS FROM COVERAGE
(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 8 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
property
b. prescriptive right of way for N Main Street being 40' wide located across the westerly portion of subject property
c. underground telephone, power, gas, water, and sewer lines located on subject property
d. telephone, storm, power, sewer and water manholes located on subject property
e. existing chain link fences and wire fences are not coincident with property lines
f. overhead power line which crosses subject property in southwesterly corner and services property to the south
17.General taxes for the year 2020, which are a lien, of which the first half is paid and the second half is due and
payable on or before June 20, 2021 and not delinquent until after said date.
18.Terms, conditions, provisions and obligations set forth in that certain City of Meridian Ordinance No. 20-1881
Recorded: June 19, 2020
Instrument No: 2020-075156, of Official Records.
19.Terms, conditions, provisions and obligations set forth in that certain City of Meridian Ordinance No. 20-1882
Recorded: June 22, 2020
Instrument No: 2020-076281, of Official Records.
20.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled: Seller's Affidavit
Lessor: Union Pacific Railroad Company
Lessee: City of Meridian, Idaho
Lease Date: June 18, 2019
21.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the
document
Entitled: Seller's Affidavit
Lessor: Union Pacific Railroad Company
Lessee: Meridian Development Corporation
Lease Date: August 1, 2019
22.Terms, conditions, provisions, easements and obligations set forth in that certain Restrictive Covenants
Agreement
Recorded: December 31, 2020
Instrument No: 2020-182442, of Official Records.
END OF SCHEDULE B
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 9 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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 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 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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 10 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
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 from any
adverse judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right
to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense,
shall give the Company all reasonable aid (i) in securing 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, 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)(i) 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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 11 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
(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,
(i) the Amount of Insurance shall be increased by Ten percent (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.
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
thirty (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 Two
Million and No/100 Dollars ($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 Two Million and No/100 Dollars ($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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO.34601911091
(continued)
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Owner's Policy (06/17/2006)Printed: 01.14.21 @ 08:16 AM
Page 12 ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
(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:
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Department
END OF CONDITIONS
ENDORSEMENT - ALTA 17.2-06 UTILITY ACCESS
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 17.2-06-Utility Access
CLTA 103.13-06
(10/16/2008)
(10/16/2008)
Printed: 01.14.21 @ 08:16 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $500.00
The Company insures against loss or damage sustained by the Insured by reason of the lack of a right of access to the
following utilities or services:
Water service Natural gas service Telephone service
Electrical power service Sanitary sewer Storm water drainage
either over, under or upon rights-of-way or easements for the benefit of the Land because of:
(1) a gap or gore between the boundaries of the Land and the rights-of-way or easements;
(2) a gap between the boundaries of the rights-of-way or easements ; or
(3) a termination by a grantor, or its successor, of the rights-of-way or easements.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 17-06 ACCESS AND ENTRY
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 17-06-Access & Entry
CLTA 103.11-06
(06/17/2006)
(06/17/2006)
Printed: 01.14.21 @ 08:16 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $100.00
The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and
have both actual vehicular and pedestrian access to and from N. Main Street, E. Broadway Avenue and E. Third Street
(the “Street”), (ii) the Street is not physically open and publicly maintained, or (iii) the Insured has no right to use existing
curb cuts or entries along that portion of the Street abutting the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 18.1-06 MULTIPLE TAX PARCEL
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 18.1-06-Multiple Tax Parcel
CLTA 129.1-06
(06/17/2006)
(06/17/2006)
Printed: 01.14.21 @ 08:16 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $50.00
The Company insures against loss or damage sustained by the Insured by reason of:
1. those portions of the Land identified below not being assessed for real estate taxes under the listed tax identification
numbers or those tax identification numbers including any additional land:
Parcel:Tax Identification Numbers:
Schedule A Legal Description S1107325700, S1107325600 and R7596000541
2. the easements, if any, described in Schedule A being cut off or disturbed by the nonpayment of real estate taxes,
assessments or other charges imposed on the servient estate by a governmental authority.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 25-06 SAME AS SURVEY
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 25-06-Same as Survey
CLTA 116.1-06
(10/16/2008)
(10/16/2008)
Printed: 01.14.21 @ 08:17 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $1,677.00
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described
in Schedule A to be the same as that identified on the survey made by Jeff Beagley dated September 18, 2019, last
revised December 2, 2020, and designated Job No.19297.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 26-06 SUBDIVISION
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 26-06-Subdivision
CLTA 116.8-06
(10/16/2008)
(10/16/2008)
Printed: 01.14.21 @ 08:17 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $100.00
The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land to constitute a
lawfully created parcel according to the subdivision statutes and local subdivision ordinances applicable to the Land.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 3.2-06 ZONING - LAND UNDER DEVELOPMENT
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 3.2-06-Zoning-Land Under Development (04/02/2012)Printed: 01.14.21 @ 08:17 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $1,258.00
1. For purposes of this endorsement:
a. "Improvement" means a building, structure, road, walkway, driveway, curb, subsurface utility or water well existing
at Date of Policy or to be built or constructed according to the Plans that is or will be located on the Land, but
excluding crops, landscaping, lawns, shrubbery, or trees.
b. "Plans" means those site and elevation plans made by Neudesign Architecture dated November 7, 2019, last
revised N/A, designated as Meridian Station consisting of fifteen (15) sheets.
2. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy
a.according to applicable zoning ordinances and amendments, the Land is not classified Zone O-T;
b. the following use or uses are not allowed under that classification:
Mixed Use
c. There shall be no liability under paragraph 2.b. if the use or uses are not allowed as the result of any lack of
compliance with any condition, restriction, or requirement contained in the zoning ordinances and amendments,
including but not limited to the failure to secure necessary consents or authorizations as a prerequisite to the use
or uses. This paragraph 2.c. does not modify or limit the coverage provided in Covered Risk 5.
3. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of
competent jurisdiction either prohibiting the use of the Land, with any Improvement, as specified in paragraph 2.b. or
requiring the removal or alteration of the Improvement, because of a violation of the zoning ordinances and
amendments in effect at Date of Policy with respect to any of the following matters:
a. Area, width, or depth of the Land as a building site for the Improvement
b. Floor space area of the Improvement
c. Setback of the Improvement from the property lines of the Land
d. Height of the Improvement, or
e. Number of parking spaces.
4. There shall be no liability under this endorsement based on:
a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent
jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses;
b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy.
Attached to Policy No.34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 3.2-06-Zoning-Land Under Development (04/02/2012)Printed: 01.14.21 @ 08:17 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - ALTA 39-06 POLICY AUTHENTICATION
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 39-06 - Policy Authentication (04/02/2013)Printed: 01.14.21 @ 08:17 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $50.00
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability
under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were
issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent
ENDORSEMENT - CLTA 110.1-06 DELETION OF ITEM FROM POLICY
Attached to Policy Number:
Issued By:
PROFORMA
This is a PROFORMA Policy. It does not reflect the present state of the Title and is not a commitment to (i) insure the Title
or (ii) issue any of the attached endorsements. Any such commitment must be an express written undertaking on
appropriate forms of the Company.
CLTA 110.1-06-Deletion of Item from Policy (03/09/2007)Printed: 12.16.20 @ 11:11 AM
ID-FT-FXEA-03460.216262-SPS-27306-1--34601911091
Charge: $40.00
The policy is amended by deleting paragraph 14 of The Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: PROFORMA
Countersigned By:
PROFORMA
Authorized Officer or Agent
ENDORSEMENT - ALTA 19.1-06 CONTIGUITY - SINGLE PARCEL
Attached to Policy Number:
Issued By:
34601911091
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA 19.1-06-Contiguity-Single Parcel
CLTA 116.4-06
(06/17/2006)
(06/17/2006)
Printed: 01.14.21 @ 08:18 AM
ID-FT-FXEA-03460.216262-SPS-27306-1-20-34601911091
Charge: $50.00
The Company insures against loss or damage sustained by the Insured by reason of:
1.the failure of the Land to be contiguous to N. Main Street, E. Braodway Avenue and E. Third Street along the Westerly,
Northerly and Easterly boundary line(s); or
2. the presence of any gaps, strips, or gores separating the contiguous boundary lines described above.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: December 31, 2020
Countersigned By:
Authorized Officer or Agent