Loading...
HomeMy WebLinkAboutDeed APPLICANT 12/21/2021Lane County Clerk 2021-019176 Lane County Deeds 8 Records Evergreen 031191202'1 01:18:37 PM {-N VePgTee11 RPR-0EEO CnI=tSN=9 CASHIER nfi 2p@g@g ._•H Eve `}y.,Jy 1 s+uao su oo smm aslno $92.00 Land Title company After reclartling r9Nrn ro: IName. "Drsa3, Zip) Evergreen Land The, ompany 260 Country Club Road, SIA 120. Eugene, OR 974DI Until requested Emadvise, send all Ux=WmanN to: Same ASGYa'IM 41A.n1t2 GRANTOR: DONALD F. MOLONEY AND AMY JO HUTC141SON, CO TRUSTEEOF 1 HE DONALD F. AND MARY JO MOLONEY TRUST. DATED JULY 10. M12 3648 East Ulla Diesel VW r Cave Creek. AZ 85331 GRANTEE: MASAKA PROPERTIES, LLC 1647 Delmee Ave, Springfield, OR 97477 ORDER NO 21-22879 TAX ACCOUNT NO. 0313641 MAP NO 17-03835-31 0000 Space Above Reserved for Recorders Use STATUTORY WARRANTY DEED DONALD F. MOLONEY AND AMY JO HUTCHISON CO -TRUSTEE OF THE DONALD F AND MARY JO MOLONEY TRUST, DATED JULY 10, 2012, Grantorconveys and warrants to MASAKA PROPERTIES. LLC an Oregon Limited 1-Koldy Company, Grantee, the following descnbed real property free of encumbrancesexcept as specifically set lonh herein. Situated In Lane County Slate of Oregonto wd See Legal Description attached hereto as Exlvblt"A" Subject m and excepting Covenants. Conditions. Restnclions and Easements of record BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER BeOnota , usta-I ANO 155.305 TO URO% AND SECTIONS 6 TO H, CHAPTER 4M, OREGON LAWS SOOT. SECTIONS 9 TO 9 AND 11. CHAPTER 855, OREGON LAWS .0. AND SECTIONS S TO T, CHAPTER S, OREGON LAWS 2010, THIS INSTRUMENT GOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK NTH THE APPROPRIATE CITY OR COUNTY PUNNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 90. 010 OR $tAOID, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL. TO DETERMINE ANY LIMITS DH LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY UNDER OR5 1SS.DUO. 185.301 AND 1%,0.15 TO 195.336 AND SECTIONS S TO 1H, CHAPTER Q4. OREGON LAWS 3001. SECTIONS 5 TO 8 AND 17 CHAPTER BSq OREGON LAWS NI09. AND SECTIONS 3 TO T. CNAMER 8, OREGON LAWS Gets. The true and actual consideral for this conveyance is $395,00000 (Herecomply with the requirements of ORS 93.030.1 Dated this March 18, 2021 THE DONALD F AND MARY JO MOLONEY TRUST DATED JULY 10, 2$122/ DONALD MOLONEY. OCOE DOTRUSTEE , - \ /' V AMY JO RILUICHIrld CO -TRUSTEE CJ _i ✓ Slate of ARIZONA County of naTe.%,, The foregoing instrument was aCknowleoge0 before me this I,. day of 1'IL f:YI .:ca by DONALD F MOLONEY AND AMY JO HUTCHISON. CO -TRUSTEE OF THE -DONALD F AND MARY JO MOLONEY TRUST DATED JULY 10, 2012. 6k wr < Glary Public n and for the fie of ARIZONA \, Arwl�Im.Sm�r•tM619,rzs:z Mycomm s5lonellpires Ma nM14 %i:i EXHIBIT "A" LEGAL DESCRIPTION The East 40.0 feet of LIN 8, Block 35, of Spnngfield, as planed and recorded in Book I. Page 1, Lane County Oregon Deed Remids, in Lane County. Oregon. vus ,,ann evawz" 1,0eed Evergreen Land tide Company Match 25, 2021 MASAKA PROPERTIES, LLC 1647 DELROSE AVENUE SPRINGFIELD, OR. 97477 P.O. BOX 10211 —EUGENE, OR 97440 PHONE: 541.687.9794 FAX: 541.687.0924 www.eve�gre�landli0e.com RE: MASAKA PROPERTIES, LLC. Ala Order No.: 21-22879 P.O. BOX 931 - SPRINGFIELD, OR 97477 PRONE: 541.741.1981 FAX: 541.741.0619 ® Owner's www.evergreenlandtide.com �,� Evergreen Land tide Company Match 25, 2021 MASAKA PROPERTIES, LLC 1647 DELROSE AVENUE SPRINGFIELD, OR. 97477 P.O. BOX 10211 —EUGENE, OR 97440 PHONE: 541.687.9794 FAX: 541.687.0924 www.eve�gre�landli0e.com RE: MASAKA PROPERTIES, LLC. Order No.: 21-22879 Enclosed please find the following documents: ❑ Check No: , in the amount of ® Title Policy ❑ Alta Ext. Mtg. ® Owner's ❑ Standard Mtg. ❑ Purchaser's ® Warranty/Bargain and Sale Deed Reception No. 2021-019176 ❑ Deed of Trust Reception No. ❑ Other: Reception No. The enclosed documents are for your records. If you have any questions, please contact our main office noted above. Thank you for this opportunity to service you. Very truly yours, Evergreen Land Title Company Home Office Title Department Enclosures) APstewart OTIRO PO -04 ALTA OWNER'S POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY Any notice of claim and any other notice or statement In sniffing required to be given to the Company under this Policy must be given to ties Company at the address shown In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE IXCLUSIQNS._EBQM__GOVERAGE TLtF,. EXCEPnONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company') insures, as of Date of Policy and, to the extent stated In Covered Risks 9 and 10, after Data of Polley, 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 aimed in Schedule A 2. Any defect In or gen or encumbrance on the Title. This Covered Risk Includes but is not limited to Insurance against loss from (a) Adafect in the Tga mused by (fl forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonator; PI) failum of any person or Entity to have authorized a transfer or conveyance; (0) a document affecting Title not property created, executed witnessed, tested, acknowledged, notarized ordagvered; (M failure to perferirl than acts necessary to o nle a document by electronic means authorized by law; (v) a document executed under a reamed, expired or otherwise Imagtl power of attorney; (w) a document rent properly filed, recorded or Indexed in the Public Records incl Wing failure to perform than ads by electronic means authorized by law; or (vg) a defective judicial m administrative proceeding. (b) The gen of real sense taxes or measurements imposed on the Title by a governmental authority due or payable, but unpakl. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and compete land Survey of the Land. The term 'encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments one the Land of existing krprovementg located on adjoining and. 3. Unmarketable Title. 4. No tight of access to and from the Lend. 5. The violation or enforcement of any taw, eminence, permit, or gavemmental regulation (Including Nose reading to building and zoning) reentering, regulating, prohibiting, m relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dinumsions or location of any improvement erected on the Land; (c) the subdivision ofland;or (d) emiromnenal promotion 't a notice, describing any pan of the land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the rodent of the violation or enforcement reared to in that notice. S. An enforcement action based on Ne exercise of a govemmemai Pogce Power not covered by Covered Risk 5 if a notice of the enforcement action, describing any Pan of the Land, is m xoded in the Public Records, but only to the extent of the enforwrtrem reverted a in that notice. F. The exercise of the rights of eminent domain If a notes of the exercise, describing any part of the Land, Is recorded In the Public Records. 3. Any taking by a governments] body that has omuned and is binding on the rights of a purchaser for value without Knw4edge. Countersigned by: < Frederick H. PresirieMand and CEO Evergreen Land Title Company 260 Country Club Road, Sa. 120 Eugene, OR 97401 Denise C rraux Agent ID: 370023 Secretary For coverage Informrtien or assistance retaining a complaint, call (800) 729-1902 or visit weassawan.mm. To make a claim, furnish written notice in accordance with Section 3 of the Comiitions. Copyright 2006-2009 American Land Title Association. AN stents re�erved.� The use of this Farm is restricted toALTA Hoarsen and ALTA members in good standing as of the data of use. All other uses am prohibited. Repented under license from Ne American Land TfileAssadation. Fie No.: 21-22878 OTIRO PO -4 ALTAOwnefs Poflcy 6-17-05 Rev 2-1578 Page 1 of 5 of Policy Serial No.: 0-000"54608298 OTIRO PO -04 ALTA OWNER'S POLICY OF TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY Name and Address of Title Insurance Company: Stewart Idle Guaranty Company P.O. Box 2029, Houston, TX 77252 File No.: 21-22879 Policy No.: 0-0000654608296 Amountof Insurance: $395,D00.00 Premium: $1,140.00 Date of Policy: March 19, 2021 at 01:18:37 PM 1. Name of Insured: MASAKA PROPERTIES, LLC, an Oregon Limited Liability Company 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: MASAKA PROPERTIES, LLC, an Oregon Limited Liability Company 4. The land referred to in this policy is described as follows: SEE EXHIBIT "A" ATTACHED HERETO e~R+a+rcea�nmririominemwi��miane"°eeeieum mreauc. _ Page l or 2 . Na. 0-0808-864888288 8-11-88 Rev. 2-16-18 It EXHIBIT "A" LEGAL DESCRIPTION The East 40.0 feet of Lot 8, Block 35, of Springfield, as platted and recorded in Book I, Page 1, Lane County Oregon Deed Records, in Lane County, Oregon. Tlw uw dMkFdm %�malchtl IaALTA iy¢wg ypAITATemh,e ha�i,-Ae� tleg mofCre tla�¢ vfuva Fie Nor 21-2 OrtAtileY, aery"�etlundv Amnuhcm @ie Amalurl l4WTNe Asav-ia'brt uy vm� File No. le A Policy Page 2 of 2 . schedule A Poliq No. 0-0000.869606298 8-17.06 Rev, 2-16-18 OTIRO PO -04 ALTA OWNER'S POLICY OF TITLE INSURANCE SCHEDULE B ISSUED BY STEWART TITLE GUARANTY COMPANY EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses that artse by reason of: STANDARD COVERAGE EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurste and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter fumished, imposed by law and not shown by the public records. 6. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, Gay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. END OF STANDARD COVERAGE EXCEPTIONS SPECIAL EXCEPTIONS: 7. Urban Renewal Plan for Springfield, including the terms and provisions thereof, as set forth by instrument Recorded December 7, 2007, Reception No. 2007-081042, Lane County Oregon Records. NOTE: Taxes, " No. 17-03-3"1-08000, Code 19-99, Account No. 0313641, 2020-2021, $2,507.32, paid In full. fib No. 21-22679 Page 1 art ' 8atcedule B Pdicy No. 0-0008.884888288 8-17-08 Rev. 2.18.18 END OF SPECIAL EXCEP71ONS m d .. FM NO. 21•]2aT8 Pap 2 012 Sehs"e 8 Pgicy No. 04000454S08i988-17-08 Rev. 2.15-18 THIS MAP MTOASSIFr LOCATING PFMERW, THEaMWAWA$WM6Mo, MAP NO.: 17-03-35-31-08= it 13 7400 18 8000 8100 M!330.0 5 324" r 25'40' 7500, 7600 60, -- ..-0.04 AC MAIN E - - - - - - - - - - - - - - - - 4,r A' 27.V�22' 1�44'1 COVERED RISKS (Continued) 9. Title being vested other than as stated in ScheduleA or being defective (a) as a meup of the avoidance in whole or in part, or from a cam order providing an abematiw remedy, of a transfer of all or any pan of he file to or any Interest in the Land occurring prior to In transaction vesting TNe as shown in Schedule A because that prior transfer mnatku ed a fraudulent or preferentlal transfer underfederal bankruptcy, state inwNency, or similar cmdgars'rights laws; or (b) because the instrument of transfer waiting Titte 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 ramming in the Public Records (D to bs timety or (10 bbnparino8mof)(sexistenmWapumhaserforvalueortoajudgmemorlienvadd... 10. Any tiered in or Wen or encumbrance on the TWO or other matter included in Covered Risks 1 through 9 that has been created or attached or has town fled or recorded in the Public Records subsequent to Dale of Policy and prior to the recording of the dead or other instrument of transfer in the Public Records that vests TWO as shown In Schedule A. The Company will also pay the costs, attomeyer fees, and expenses inwwmsd In defense of any matter insured against by this Policy, but only to the extent provided in the Conkton. EXCLUSIONS FROM COVERAGE The following matters are expressly exduded from the coverage ofthis policy, and the Company will not pay loss or damage, costs, akomeye fees, w expenses that arise by reason of. 1. (a) AAny law, ordnance, panni, Or governmental regulation (Including those mla0ng to building and zoning) restricting, regulating, prohibiting, or use, or enjoyment of gm Land imenslon. Of location of any Improvement erected on the Land; ed of any violation of these acus, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage under Covered Risk S. ,menial Police Poorer. THIS Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. ent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 w S. (a) created, slithered assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded In the public Records at Data of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the data the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) a0adling or mated subsequent to Date of Policy (however, this does not modify or llmk the coverage pmvkled under Covered Risk 9 and 10); a (e) resulting in toss or damage that would not haw been sustained Ifthe Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankambay, state insolvency, at similar credkore'rights taws, that the transaction vesting the Title as shown in Schedule A, is (a) afraudulam conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this potiuy. Any Gan on the Title for real estate faces or assessmerna imposed by gwemmemal authority and created or attaching between Date of Policy and he data of recording of the deed or other Instrument of transfer In the Public Records first Vests Title w shown in Schedule CONDITIONS DEFINITION OF TERMS The follawilg terms when used in this policy moan: (a) "Amount of Insurance": The amount stated in Schedule A, as may be Increased or decreased by endowment to this policy, increased by Section 8(b), or decreased by Semon 10 and 11 ofthew Conditions. (b) -Dore 0fPolicy': The data designated as "Date of P6W In Schedule A. (c) 'Entity: A corporation, partnership, trust limbed gabilky, company, or other similar legal entity. Id) 'Inured": The Insured named in Schedule A. (0 The man "Inured" also includes (A) successors W the Title of the Insured by operaWn of law as distinguished from purchase, Including heirs, devisees, survivors. Personal ni msentatives, or next of kin; (S) successors m an Inured by dissolution, merger, consolidation, distribution. or reorganization; (C) sumessos to an Insured by its conversion to another kind of Entity; (D) a 91811180 of an Insured under a deed delivered without payment of actual valuable consideration conveying the Tile (1) kgs amck,shares, memberships, w other equity interests of the grams¢Ora wholly-owned by the named Inured, (2) 9the grantee wholly owns the named insured, (3) tithe grantee Is wholly-owned by an aI811ated Entity of the named Insured, provided the affiliated Entry and to named Insured am both whollyro ned by the some person or Entity, or (4) If the grantee is a trustee or beneficiary of a bust created by a written Instrument established by the Insured named in Schedule A for estate planning purposes. 01) With regard to (A), (13), (C), and (D) reserving, however, all rights anti defenses as to any successor that the Company would have had against any predecessor Insured. Copyright 2008-2009 American Land Title Association. Aq d9Ma reserved. >_ The use of this Form is resnimd to ALTA licences and ALTA members in good standing as of the date of use. --- All other uses are prohibited. Reprinted under license from the American Land Tdfe AamdaBon. Fib No.: 21-22879)" OTINO PO4 ALTA Owner's Policy 6-17-06 Rev 2-18-18 Page 2 of 6 of Polity Senlel No.: O-0DDO.6U608298 CONDITIONS (Continued) (9) 'insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual Knowledge, no[ mnsWctive knowledge or notice that maybe Imputed to an Insured by reason of tie Public Records or any other m fords that impart constructive notice of matters affecting the Tine. (9) "Land`. The lard described in Schedule A, and affixed improvements that by law constitute real property. The tens "Land" do" not include any Property beyond the lines of the area described in Schedule A, nor any right, IND. Interest, estate, or easement In flooding streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify a I§mt the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust lrustmed, or Other security instrument including one evidenced by electronic means authorized bylaw. (i) "Public Record": Records established under state slatutes at Date of Policy for the purpose of imperNg construct" notice of matters relating to real property N purchasers for value and without Knowledge. With respect to Covered Risk Sid), "Public Records" shall also include environmental protection liens filed In the records of the dark of the United States District Court for the district wham the land is located. (j) Tide°: The estate or interesi descdbad in SchedulaA. (k) "Unmarketable Tele": Title affected by an alleged or apparent matter that would permit a prospective purchaser or losses athe This or lender on the The to be released from flue obligation to purchase, pace, or land Pthere is a contractual condition requiring the delivery of marketable due. 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 an long es the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money MOrgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of waranties in any transfer or mmeyance of the Title. This policy shall nM continue in farce in favor of any purchaser from the Insured OF either (q en estate or interest in the Land, or (a) an oblgadon 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 ease of any litigation as set fan In Benton 5(a) of these Conditions, (u) in case Knowledge shall come to an Insured hereunder of any dsim of tale or interest that is adverse N the This, as insured, and that might cause lose or damage for which the Company may be liable by vidue of this policy, or (iii) if the Title, as Insured, is rejected as Unmarketable Idle. If the Company is prejudiced by the failure of the insured Claimant to provide prompt notice, the Company's liability to the Insured Cfaiment under the policy shag be reduced 10 the accent or we Prejudice. C PROOF OF LOSS In the event the Company is unable to determine the amount of toss or damage, the Company may, at its option, requite as a condition of payment that the Insured Claimant furnish a signed proof of fares. The prod of loss must describe the defect, lien, encumbrance, e, or other manta insured against by this policy that consWides the basis of ices or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. S. 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 Ccmpamy, at its own cost and without unreasonable delay, shall provide for the defense of an Insured In legation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated muses of action alleging rrellsrs insured against by this policy. The Company shall have the fight to select counsel of the choice (subject to the light of the Insured W object for reasonable muse) to represent the Insured as to those stated muses of action, it shall not be liable for and will no pay the fees Of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defame of those muses 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 conal, to iaNhde and prosecute any action a proceeding or to do any other ad that in its opinion may be necessary or desirable No establish the Tale, as insured, in W prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or nor it shag be liable to the Insured. The exercise of these rights shall not bean admission of liability or analyst of any provision of this policy. If the Company Members as fights under this subsection, it must do an, diligently. (c) Whenever the Company brings an amort or needs a defense as required or permitted by this Policy. the Company may pursue the litigation to a final determination by a mud of competent Jurisdiction, and it expressly reserves the right, in its Is discretion, to appeal any adverse judgment aoma. S. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all msec where this pdicy permits or requires the Company In preseaule ar provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to W prosecute Of provide defense In the action in Proceeding, including the right to use, at its option, the name of the Insured forthis purpose. Whenever requested by the Company, the Insured, at the Comp"Ye expense, shall ghre the Company al reasanable ale (g In securing evidence, obtaining witnesses, proaeculirg or defending floe anion Or promeding, or eflemng settlement, and (1) in any other hawful act that in the opinion of the Company may be necessary or desirable d establish the Title or any other matter as Insured. If the Cortpany is prejudiced by the (allure of the Insured to fumish the required coopererion, the Comparry's obligations tothe Insured under the policy shall emanate, including any liability or obligation to defend, prosecute, or mntlnm any legation. with regard a the matter or matters requiring such cooperation. The use of this Foran is reshicted to ALTA licensees and ALTA members in good standing as ofthe date of use. AN other uses are Prohibited Reprinted under Incense from the American Land Tito Association. File No.: 21-22879 OTfRO POd ALTA Owners Policy 6-17-88 Rev 2-15-18 �s Page 3 of s of Pc lay Serial No.: 0-0000869808298 CONDITIONS (Continued) (b) The Company may reasonably require the Insured Claimant to submit W erammmion under oath by any amhon2sd representative M the Company and W produce for axammaaon. Inspection, and copYfeq, at such reasonable times and Pieces as may be designated by the authorized representa0ve of the Company, all records, in whatever medium maintained, Including books, ledgers, checks, memoranda, conespondence, reports, a -mails, disks, tapes, and videos whether bearing a date before w after Date of Policy, that reasonably pertain to the Me or damage. Further, If mqueWd by any authorized representative of the Company, the Insured Claimant shah grant its permission, in writing, for any authorized representative ofthe Company to examine, imp94 and copy all of these records in the custody or control of a third parry that reasonably Partain to the loss or damage. All information designated as confidential by the insured Camara provided to the Company pursuant to this Sachem shall not be disclosed W others unless, in the reasonable judgment of the Company, it is necessary In the administration of the claim. Failure of the Insured Clakrsnt W submit for examination under oath, produce any reasonably requested iMomagon, or grant permission to secure reasonably necessary informallon from thud parties as required in this subsection, unless prohibiretl by law or govemmentat regulation, sheg terminate arty liability of the CompamY under this policy as W that claim. T. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In race of a dein uWWthis pogo)', the Company shall have the following additbnal options: (a) To Pay of Tender Payment of Now Amount of Insurance. To pay or tender payment M the Amount of Insurance under this policy together with any costs, attomeye lase, and expenses incurred by the Insured Claimant that ware authorized by me Company up W the time of payment or tender of payment and that the Company is obligated to Pay Upon the "Mile by the Company of this option, all liability and obligations M the Company W the Insured under this policy, other than W make the payment required In this subsection, shag terminate, Including any liability or obliga0an to defend prosecute, or continue any htigation, (b) Tb Pay or Otherwise Seale With Pames Other Then the Insured or With Me Insured Claimant. 0) To pay or otherwise Settle with other parties for or in me name of an Insured Claimant any Claim Insured against under this policy, In addition, the Company wgl pay any coals, aaomeys' fess, and expenses incurred by the Insured Claimant that were authorized by the Company up to its time of Payment and that the Company is obligated to pay: or Oil To Pay or Otherwise settle with the Insured Clamant the bac or damage provided for under this policy, together with any nista attorneys, fees, and expenses incurred by the inured Claimant Mat were authorized by the Company up W the time M payment and that the Company is obggabid to pay. Upon the exercise by the Company M either of the options provided for in sfbsecbone, (b)ni or (icy, the Company's obligations W the Insured under this policy for the claimed loss or damage, other than the Payments required fo be made, shag terminale, including any liability or obligation W defend, prosecute, or continue any litigation. S. DETERMINATION AND EXTENT OF LIABILITY This policy Is a contract of indemnity against actual monetary loss cur damage summed or Incurred by the Insured Claimant who has suffered baa or damage by reason of madam Insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (g the Amountaflnaurance,or (N) the difference between the value of the Title as insured and Me value of the Title subject to the risk Insured against by this policy. (b) lithe Company pursues to rights under Section 5 of these Conditions ands unauccessPoi in establishing the Title, as Inaued. (g the AMOam M Insurance shall be increased by lD%, aW (k) the Insured Claimant shell have the right W have the loss or damage determined efther as of the date the claim was made by the Insured Claimant Or a9 of the data it Is sehlad and paid. (d) In addition W the extent of liability under (a) and (b), the Company will else pay those costa, aftomeys' fees, and expenses incurred in accordance with Sections 5 and T of these Conditions. 9. LIMITATION OF LIABILITY (a) lithe Company establishes the Title, or nemovee the alleged defect, Tian, or encumbrance, or wreathe lack of a right of amass fo or from the Land, or cures the claim of Unmarketable Ttle, all as insured, in a reasonably diligent manner by any method, including Iibgafinn and the Completion of any appeals, It shag have fully performed its obligabons with reaped W that matter and shall not be liable for any less or damage caused W the Insured. (b) In the event of any litigation, including Ihlgalion by the Company or with the Cempanya consent, the Company shag have no liability for loss or damage unfit there has been a final d0eaftinstlon by a spurt of competent jurisdiction, and dlsposgfor of all appeals, solvers, to are Ttle, as insured. (c) The Company shall not be gable for leas Or damage W the lnsumd for liability voluntarily assumed by the Insured in settling any claim or sort without ire prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LABILITY All payments under this policy, except payments made for deals, atlomays' 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 W which exception is taken in Schedule 8 or W which the Insured has agreed, assumed, or taken subject or which Is executed by an Insured after Data or Policy and which is a charge Or lien on the Tide, and the amount so paid shall be deemed a payment W the Insuretl under this policy. The use Of this Form is resWced W ALTA h0absears and ALTA members in good standing as of am data Muse. All other uses are prohibited. Reprinted under license from the Amencan Land Thlegssocielon. File No.: 21-22879 OTIRO PO -4 ALTA Owners Policy 8-17-08 Rev 2-15-18 Page 4 of 6 of Policy Serial Ne.: O-CM45a808298 CONDITIONS (Continued) 12. PAYMENT OF LOSS When Nobility and the extent of lose or damage have been definitely bad In accordance with these Conditions, the payment shall be mode whin 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 enttled to the rights of the insured Claimant in the Tele and all other rights and mo edes in respect m the darn that the Insured Claimant has against any person or property, to the extent of the amount of any loss, coats, attorneys' fees, and expanses paid by the Company. If requested by the Company, the Insured Claimant shag exeale documents m evidence the transfer to the Company of time fights and remedies. The Insured CNiment shall permit the Company to sue, compromise, or aerie in the Marra of the Insured Comment and to use the name of the Insured Claimant in any transaction or fitigation Involving these rights and remedies. If a payment on account of a Olsim does not fully cover the lose of the Insured Claimant the Company shag defer the exercise of IN right to recover until after the Insured Cmmmnt shag have recovered its use. (b) The Companys right of subrogation incudes the rights of the Insured to indemnities, guarantee, other policies of insurance, or bonds, notwithstanding any terms or condiffors contained in those Instruments that address submgatlon rights. 10. INTENTIONALLY DELETED 15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE CONTRACT (a) This policy together with all endorsements t any, attached to it by the Company is the entre policy and contract between the Insured and the Company. In imerpregrgl any provision of this policy, this policy shall be Contained as a whole. (b) Any claim of loss or damage that apses oW of the status of the Title Or by any action seeming such claim shag be restricted to this policy. (c) Any amendment of or endowment to this policy must be In writing and authenticated by an authorized person, or expressly incorporated by Schedule Aof this policy. (d) Each eldolsement to this policy issued at any time is made a pad of this policy and Is subject m all of its terms and provisions. Except as the endorsement sxpre ly states, it aces not (i) modify any ofthe terms and provisions of the policy, (11) modify any prior endowment (Ih) extend the Data Of Polley, 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 Ural provision or such pan held to be invalid, but all other provisions shat remain in full force and affect. 17. CHOICE OF LAW, FORUM (a) Choice of taw: The Insured acknowledges the Company has underawitten the risks covered by this policy and determined the premium divergent therefor in reliance upon the law stooling interests in real property and applicable to the interpretation, rights, refnedis, or enforcement of polices of Mle insurance of the jurisdiction where the Land Is loam. Therefore, the court of an arbitrator shat appy the law of the Jurisdiction where the land is loaled m determine the validity of claims against the This that are adverse to the Insured and to Interpret and enforce the mmis of this policy. In neither ase shall the court or arbitrator appy Is congks of law principles In determine the applicable law. (b) Choice of Fomm: 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 oris lerritore r having appropriamju hoicton. 1& NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to rhe Company miler this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. w use OTm'3 rorm IS resahaea ronuA ncensees antl ALTA members in good standing as of the dam of use.=, All other uses ere prombimb d. Reprinted under rise bum Timss the American land e Aoci,don. File No.: 21-22879 OTIRO POd ALTA Owner's Policy 617-06 Rev 2-1s1e Page 5 of 8 of Policy Serial No.: 0-0000466a08298 Privacy Policy Notice As adopted July 1, 2001 Evergreen land Tide Company Private Policy Notice PURPOSE OF THIS NOTICE Tide V of the Gramn-Leach-&flay Act (GLBA) generally prohibits arty financial institution, directly or through its affiliates, from sharing nonpublic personal infemnation about you with a nonaffiliated third party unless the instiltd on provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of parsons or entities to whom d may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Evergreen Land Tile Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our Gies, afrom our affiliates orothers. • Information we receive from a c u mner reporting agency- • InImmadon that we receive from others involved in your transaction, such as the real estate agent or fender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic Personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our Customers or former customers to the following types of nonaffiliated companies that perform marketing services an our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stdfers and other fulfillment service proavidem. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and Procedural safeguards that comply with federal regulations to guard your nonpublic personal intonnaGon. STG Privacy Notice T (Rev 09126!09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES 00 WITH YOUR PERSONAL INFORMATION? Fedaml and applicable state law and replallons gw corieumers the right, re 11mit some but not ad sharing. Federal mrd aPPiaable state law mguHtms also requfe us to 10 You how me caged, share, and probdi our Personal frfnmetion. Please mad this notice cars" tr understand hog we use Your Personal InINI ati0ri.. Th's PnnVWY rice Is distributed on behalf of the Stewart Tu GMM* Company and is amaees(fire StemariT98 Co PerdwL Pursuant bTO Vofthe GrammLeactFB§IeyAct (GLB4,l The Use of pa ones fm ummooh we cww and share depmM or tie Product or service that you have muga through us. TNs irdPmiadan can Wade SDCN See" 12101ts m and drWa gemma number. Ad tirrarclat coreardes, such as the Stewart Tide ComPames, need to share cuslEmem' Personal information tr inn their everyday bussues-in Pmeaea transactions and mamma cuebomer accenft In the sir ebur, we list the reamna fret wa can share cu owV Personal "nlormation; the reasons that m choose to shag; and whether you can find this shaft. Reasons we cim share yourpermitalhdommtol Dovmsbwre? Can you No this ebaring? For oureva+YdaY business paposea--fol process Yoaaansacdorrs and How do the Stewart Title Compen maintain Youraccooa This m tyimYrde manna the business aro managing protect MY Personal Information? securly measures that carrpry V" mdSMI and stare taw. These measures cusloner accounts, such as Processhg tomaec9arra, nreldng, and au0talg Yes No 5 McM and maims dug to court Pr be and legs Investigations. ForO meiremng Prsposes— toffwourpmduLtsandse astOycu. Yee No Forjoud meaning with oterManciai companies Yes Wedon4sture ForourafRgetee everydry bushy Pumose%—i damtamn about your DrothiffCOMpanies. masadare andefpefences. Meeks ers compaless reload bice common Although federal and stale law give you me ngtdto rmtshanng (e.9-. opiauY}in ownershfporc(admi.Ther/ can betoumcigand ronthanciel compenias.Our Yes No affflWas aW kdude camPanies with a Stewatnww,,- frrmoVcompanies suchae Stewart Tice Corinany aseveryday busrrePurposes— adomiatabgayw corm ryp We dorn4ahae For ourat®'ufes to rnartetmh You Yes No Fornomrtrratesto rmrMIoyou. Nwafiilates0moorgedeamm relatedby conmo-n otanaaNp orconba Theycan be Iru ficial end nonfinancial comparkm. Na We o"Ishere We may disclose your Personal W mh to to our atfises orto nonagmtelesas permeed by Im , t you mquesta bareacdon wdh a rmnatdidte,sxh as athlyd Party insurance MrPary, fie wall 6srAues your personal it OMR10on to thatnOr.IMBRP. RNs do notconeo their subsequsmum of irdormadon, and suggest you reWtotheirpdvacy nodces.l Sharing practices Nowotea do the Stewart Title Companies We must notfyYou abou€ our Snaring Practices when you request a transaction, Wily me aboutthair practices? How do the Stewart Title Compen To Protect your personal Iffilu afiam tam onauthmeeo access and use. we use protect MY Personal Information? securly measures that carrpry V" mdSMI and stare taw. These measures Include computer, Ile, and building sale aerds. We collect Your Personal iniormatiam, for example, when you Howtlo the Stewart Title Companies collect MY personal information? request insurance-relatrd servlcea prowdesuch information to us We aim collect your Persona information tam others, such as the real estate agent or lender Involved in your transaction, credit mooning agencies, affi iafes DrothiffCOMpanies. What sharing om l eat? Although federal and stale law give you me ngtdto rmtshanng (e.9-. opiauY}in certain instances, we do not share your Personal intormatim n these irstances. Contact UsIfyVi have any questions about the privacy nonce, Please contact ua at Stewart Idle GuaramY COmParp', 7980 Past Oak BNd_ Pdvacy CRficer. Houston. Texas 77056 Page 1 e, I