Communications Easement Agreement (Columbia Fiber)
Ro LAND, LLC
Site Acquisition - Zoning - Project Management
May 19, 2004
City of Spokane Valley
Attn. Ken Thompson - Finance
11707 E. Sprague Ave. # 106
Spokane Valley, WA 99206
RE: Columbia Fiber Ea.sement
Dear Ken:
Enclosed please find the documentation for the above referenced easement, along with a
bill for our services. I have recorded the easement and the County will return the original
to you.
Thank you for the opportunity to assist the city with this project. Plea.se let me know if
you have any questions.
o t Sincerely,
Julie'4 Rosenoff K4 ~
(509) 444-1555
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2715 E. 31 st Ave., #B
Spokane, WA 99223
(509) 444-1555 Fax (509) 444-2115
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Document Title(s) .
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Reference Number(s) of Related Documents
GrantOr(S) (Last Name, First & Middle Initial)
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Assessor's Tax Parcei ID Number: It5 a xa. U-;Q8
The County Auditor will rely on the infioRnation provided on this form. The Staff will not read the document to verify the Accuracy or
oompleteness of the indexing kftmation provided herein.
Sign below only if your document is PIon-Standard.
I am requesting an emergency non-standard recording for an adddional fee as provided in RCW 36.18.010. I understand that the
ing prooessing uiremerrts may caver up or otherwise obscur~e some parts of the text of the originai documerrt. Fee for non-
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Parcel No. 45222.0228
Ovvner. JD's Dragon, Inc. a Washington Corporation ~
3R-JAAL
COAUMIUMCA.'I'IONS EASEMENT AG1tEEMEN'T
For 1Vlutual Benefits and Good Consideration, the receipt of which is hereby
acknowledged, JD's I)RAGON, INC., a Washington Corporation, "Grrantor" hereby
grants, conveys and warrants to FIBERLIlqK, LLC d/b/a Columbia Fiber Solutions, a
Washington LLC, "Grantee" its successors and assigns, a perpetual easement over, under
and alon$ the real property identified by Assessor Parcel # 5222.0228, location in
Section 22, Township 25, R,ange 44, Spokane County, State of ashington, described as
follows:
A four (4) foot wide strip of land located along the westerly portion, of the above parcel
of land. Crantee will bury the fiber Yine. The buriel fiber optic cable to be installed will
be will within the four-foot strip; however during the construction process it will be
necessary to use approximately a fifteen (15) foot wide strip of property along the
westerly property line. When work is complete, Grantee will clean up any construction
residue.
1. PURPOSE: Grrantee shall ha.ve the right to construct, reconstruct, operate,
maintain, repair, relocate, and place fiber optic cable, if necessary, within the
herein described property, together with = all necessary ` facilities and
appurtenances ~ffa cilities"). ~ . . . ~ .
2. ACCESS AND DAMAGE: Grantee shall have access over and across the
above described property and the adjoining property of the Grantor for the
purpose of installation, repair and maintenance of said Facilities, provided
Grantee repairs danages or compensates the Grantor for any damage to said
properties as a result of such access, repair, and maintenance.
3. RICaHT OF WAY CLEAItIlNG AND NLAINTENANCE: Grantee shall have
the right to cut, trim, and remove any and all brush, branches and trees,
including danger trees, on the above described property of the Grantor, that in
the opinion of the Grantee, could interfere with the safe and reliable operation
of the Grantee's facilities as described herein, or that could interfere with the
exercise of Grrantee's rights as granted herein.
4. GRA.NI'OR"S USE OF PROPERTY: G'rrantor reserves the right to the use and enjoyment of the property described herein, but such use sha11 not conflict or
interfere with the Grantee's rights herein granted. Grantor shall not construct;
place or maintain any building or structures within said easement strip tha.t
would iriterfere -with :the maintenance or safe operation of said Facilities or
that are not in compliance with all safety and building codes, regulations and
laws. : .
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5. INMEMNITY: The Grantee agrees to indemnify and hold harmless the
Grantor from any and all claims for damages suffered by Grantor including
Grantor's agents, guests and employees which may be caused by Grantee's
negligence in the exercise of the rights herein granted, provided, that the
Grantee shall not be responsible to Grrantor or Grantor's agents, guests or
employees for any damages or injury to any person or property caused by acts
or omissions of Grantor, including Grantor's agents, guests or invitees.
6. SUCCESSORS AND ASSIGNS: the rights and obligations of the parties shall
be for the benefit of and be binding upon their respective successors, heirs and
assigns.
DAT'ED this day of /~VOW , 2004.
i
GItANTOIz
JD's DRAGOIV INC.
ame:
Title: ,~wQJ
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State of 1-4 `t
l ~e ss:
County of :
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tbis personally aPpeared before me the
of JD's Dragon, Inc., a Wash~ington Corporation, the oorporation descn'bed in
and w o execirted the within and foregoing instn~ment as the free and oluntary act and deed of said
oorporation for the purposes therein ynendoned, and on oath stated that ~p is authorized to execute the
said instrument.
IN VVI'I'NESS VI✓HEREOF, I have hereunto set my hand and affixed my official seal the day and year first
abave written
. C~A
4ame:
~O NRO Notary Public in and for the State of Wasbington
Residing at: '
My appointme expires X- z 8- o$
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~~OF
PRoLAND, LLC
Site Acquisition - Zoning - Project Management
May 7, 2004
JD Y)rragon, Inc. -
Attn. Jack
`12828 E.. Sprague -
Spokane, WA 99206 .
.
RE: City of Spokane Valley
Fiber Easement Parcel No. 45222.0228
Dear Jack:
Thank you for taking time to meet with me regarding the City of Spokane Valley's need
to obtain a.4' easement over the above referenced parcel. Per your request, we have .
modified the agreement to have the Iine buried.
Please review this docurnent. If everyttvng is acceptable, sign, notarize a.nd reiurn
tne
document to me in the enclosed envelope. Thank you for your willingness io work with the City on this project. I can be reached at
(509) 224-4155 if you have any questions. Sin rely,
Julie noff
enclosure
2715 E. 31 st Ave., #B Spokane, WA 99223
(509) 444-1555 Fax (509) 444-2115
oL4ND' LLC
` pcyuisidon - Zoning - Project Management
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. . I~ E. Sprs~ae
Spokane, WA 99206
RE: City of the Spokane Valley
Parcel No. 45222.0228
Dear Property Owner: C
The City of the Spokane Valley is in the process of installing a fiber optic cable to their
police station. This project will affect the above referenced property thax County records
indicate to be in your ownership. As part of this project, the fiber company would like to obtain a four-foot wide easement
over the westerly portion of the above referenced parcel to place one pole and bnng the
cable from the existing railroa.d right of way to the pofice station. i ne impaci oi inis iine
would be minimal to the property and would remain in the setback area.
Enclosed please find a drawing detaiting the easement area a.nd a"Communications
r Easement Agreement" for your review. If t h is is accep ta b l e, p l e a s e s i g n, n o t a r i ze and
return the document to me in the enclosW envelope for recording.
Thank you for your review of this project. If you have any questions please contact me at
(509) 2204155. I would be happy to meet with you to discuss this project.
ost Sincerely, JuHe osenoff
~
(509) 2204155 .
enclosures
2715 E. 31 st Ave., #B
Spokane, WA 99223
(509) 444-1555 Fax (509) 444-2115
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~ Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitrnent Page 1 of 13
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First American Tit/e Insurance Company
1020 North Washington Street, Spokane, WA 99201
(509) 838-5281 - FAX (509) 838-3028
SPOKANE COUNTY TITLE UNIT
FAX (509) 838-3028
Title Officer: Vicki Cunningham
(509) 838-5281
To: Proland File No.: 4259-339829
2715 East 31st Avenue #B Your Ref No.:
Spokane, WA 99223
Attn: Julie
Re: Property Address: Not Disclosed, Spokane, WA
COMMITMENT FOR TITLE INSURANCE
Issued by
FIRST AMERICAN TITLE rNSURANCE COMPANY
Agreement to Issue Policy
We agree to issue a policy to you according to the terms of this Commitment.
When we show the policy amount and your name as the proposed insured in Schedule A, this
Commitment becomes effective as of the Commitment Date shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the
Commitment Date, our obligation under this Commitment will end. Also, our obligation under this
Commitment will end when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-1.
The Exceptions in Schedule B-2.
The Conditions.
This Commitment is not valid without Schedule A and Section 1 and 2 of Schedule B.
FirstAmerican Tit/e
t Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 2 of 13
SCHEDULE A
1. Commitment Date: February 13, 2004 at 7:30 A.M.
2. Policy or Policies to be issued:
AMOUNT PREMIUM TAX
Easement Policy $ 10,000.00 $ 230.00 $ 18.63
Proposed Insured:
City of Spokane Valiey
3. (A) The estate or interest in the land described in this Commitment is:
A fee simple.
(B) Title to said estate or interest at the date hereof is vested in:
J.D.'s Dragon, Inc., a Washington corporation
4. The land referred to in this Commitment is described as follows:
Real property in the County of Spokane, State of Washington, described as follows:
An easement yet to be created over and across the following property:
THE WEST HALF OF THE WEST HALF, THE WEST HALF OF THE EAST HALF OF THE WEST HALF,
AND THE WEST 10 FEET OF THE EAST HALF OF THE EAST HALF OF THE WEST HALF OF TRACT
162, OPPORTUNITY, ACCORDING TO PLAT RECORDED IN VOLUME "K" OF PLATS, PAGE 20, IN
SPOKANE, WASHINGTON;
EXCEPT THE NORTH 428 FEET.
APN: 45222.0228
,
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First American Tit/e
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Piain Language Commitment PaQe 3 of 13
SCi iEDULE
SECTION I
REQUIREMENTS
The foflowing requirements must be met:
(A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured.
(B) Pay us the prerniums, fees and charges for the policy.
(C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured
must be signed, delivered and recorded:
lD) You must tell us in writing the name of anyone not referred to in this Commitment who will get
an interest in the fand or who will make a loan on the land. We may then make additional
requirements or exceptions.
(E) Releases(s) or Reconveyance(s) of Item(s):
(F) Other:
(G) You must give us the following information:
1. Any ofF record leases, surveys, etc.
2. Statement(s) of Identity, all parties.
3. Other:
First American Title
Form No. 1068-2 Commitment No.: 4259-339829 ~
ALTA Plain Language Commitment Page 4 of 13
SCHEDULE B
SECTION II
EXCEPTIONS
Any po(icy we issue will have the following exceptions unless they are taken care of to our satisfaction.
The printed exceptions and exclusions from the coverage of the policy or policies are set forth in Exhibit A
attached. Copies of the policy forms should be read. They are available from the office which issued this
Commitment.
1, Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if
unpaid. As of the date herein, the excise tax rate for unincorporated Spokane County is at
1.78%.
'Area Code: 0144
~,eneral Taxes for the year 2004. The first half becomes delinquent after April 30th. The second
half becomes delinquent after October 31st.
Tax Account No.: 45222.0228
1st Half
Amount Billed: $ 615.12
Amount Paid: $ 0.00
Amount Due: $ 615.12
Assessed Land Value: $ 78,260.00
Assessed Improvement Value: $ 0.00
2nd Half
Amount Biiled: $ 615.13
Amount Paid: $ 0.00
Amount Due: $ 615.13
Assessed Land Value: $ 78,260.00
Assessed Improvement Value: $ 0.00
3. Any tax, fee, assessments or charges as may be levied by Spokane Valley.
4. Rights of way for ditches and pipelines as provided for in contract to Modern Electric Water
Company, dated November 4, 1905. Recorded in Volume "E" of Contracts, Page 267. Inquiry
should be made as to any unpaid charges by Modern Electric Water Company.
5. Easement, including terms and provisions contained therein:
Recording Information: 448364B
In Favor of: Donald W. Schultr and Leslie Connors
For; Purposes of ingress and egress
Affects: Said premises and other property
6. Easement, inciuding terms and provisions contained therein:
Recording Information: 5795456
In Favor of: The Washington Water Power Company, a Washington
Corporation
For: The purpose of installing, maintaining, repairing and removing r
gas distribution pipeline and appurtenances thereto, togethej
with the right to inspect said line
Affects: The West half of the East half of the West ha(f of said Tract 162
FirstAmerican Title
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitrnent Page 5 of 13
7. Grant of Easements executed by and between Robert B. Gould and Julie Gould, husband and
wife, Maurice Gould and Esther Gould, husband and wife; the Bank of Spokane and Ease Bowl,
Inc., for a non-exclusive easements for ingress and egress, dated December 1, 1980, recorded
April 8, 1981, under Recording No. 8104080144.
8. Easement, including terms and provisions contained therein:
Recording Information: 8212150235
In Favor of: Virginia Anderson, a single person
For: Drainfield
Affects: The South 110 feet of the North 445 feet of the West 70 feet of
Tract 162 of Opportunity as recorded in Volume "K" of plats,
Page 23, in Spokane County, Washington.
Said Drainfield Easement was amended by document recorded under Recording No. 8302220064.
~ Easement, including terms and provisions contained therein:
Recording Information: 9604290693
In Favor of: East Bowl, Ltd.
For: Ingress and egress
1 Deed of Trust Security Agreement and Assignment of Rents and the terms and conditions
thereof.
Grantor/Trustor: East Bowl, Ltd
Grantee/Beneficiary: John W. Gillingham, Jr.
Trustee: Paul J. Allison
Amount: $2,2501000.00
Recorded: September 30, 2003
Recording Information: 4972652 and 4972653
Affects: Said premises and other properly
Said instrument is a re-record of recording no(s). 4964858 and 4964859
li. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor: J. D.'s Dragon, Inc.
Grantee/Beneficiary: Mountain West Bank
Trustee: Transnation Title Insurance
Amount: $11500,000.00
Recorded: January 2, 2004
Recording Information: 5019375
Affects: Said premises and other property
12. A signment of leases and/or rents and the terms and conditions thereof:
Ass nor: J. D.'s Dragon, Inc.
Assig ee: Mountain West Bank
Recorded: )anuary 2, 2004
Recording Information: 5019376
AfFects: Said premises and other property
13. An unrecorded lease and the terms and conditions thereof, disclosed by instrument recorded
under recording no. 5019377,5019378.
Lessor: J.D.'s Dragon, Inc.
Lessee: East Bowl, Ltd.
First American Tide
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 6 of 13
Dated: November 30, 2004
Term: Not disclosed
Affects: Said premises and other property
Said lease was subordinated to deed of trust recorded under recording number 5019375 by
instrument recorded under recording number 5019377.
1 Hazardous Substances Certifcate and Indemnity Agreement and the terms and conditions
thereof:
tween: J. D.'s Dragon, Inc.
And: Mountain West Bank
Recording Information: 5019379
Affects: Said premises and other property
15. financing statement
Da Recorded: ]anuary 2, 2004
Recor ' No.: 5019380
Debtor: J. D.'s Dragon, Inc.
Secured Party: Mountain West Bank
Affects: Said premises and other property
First American Title
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 7 of 13
_ _ . _ _ . _ ~
; INFORMATIONAL NOTES _
A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to
standardization of recorded documents, the following format and content requirements must be
met. Failure to comply may result in rejection of the document by the recorder.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment
or policy. It is furnished solely for the purpose of assisting in locating the premises and First
American expressly disclaims any liability which may result from reliance made upon it.
C. The description can be abbreviated as suggested below if necessary to meet standardization
requirements. The full text of the description must appear in the document(s) to be insured.
PTN TRACT 162, OPPORTUNITY, VOL. "K", P. 20
APN: 45222.0228
FirstAmerican Tit/e
~
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 8 of 13
CONDITIONS
1. DEFINITIONS
(a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title
according to the state law where the land is located.
2. LATER DEFECTS
The Exceptions in Schedule B- Section II may be amended to show any defects, liens or encumbrances
that appear for the first time in the public records or are created or attached between the Commitment
Date and the date on which all of the Requirements (a) and (c) of Schedule B- Section I are met. We
shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may
amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF OUR LIABILITY
Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its
Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment
when you acted in good faith to:
comply with the Requirements shown in Schedule B- Section I
or
eliminate with our written consent any Exceptions shown in Schedule B- Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our
liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim, whether or not based on negligence, which you may have against us concerning the title to
the land must be based on this commitment and is subject to its terms.
First Amencan Tide
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 9 of 13
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE B
DCCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay msts, attorneys' fees or expenses) which arise by reason of:
i. 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 notice of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any 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 which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the
matters excepted under (a), (b), or (c) are shown by the public records.
IXCLUSIONS 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 which arise by reason
of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the efFect of any violation of
these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Poticy.
(b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defed, lien or encumbrance resulting from
a violation or alleged violation affeding the land has been recorded in the public records at Date of Policy.
3. Rights of eminent domain unless notice of the exercise thereof has been recorded in the- public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
4. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy.
5. Unenforceability of the lien of the insured mortgage because of the inabiliry or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
6. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury
or any consumer credit protection or truth in lending law.
7. Any claim, which arises out of the transacdon vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by
reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970 SCHEDULE OF EXCLUSIONS FROM COVERA6E
1. My law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter ereded on the land, or prohibiting a separation in ownership or a reduction in
the dimensions of area of the land, or the effect of any violation of any such law, ordinance or govemmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
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 and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such cfaimant acquired an estate or interest insured by this policy and not disclosed in
writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resutting in no bss or damage to the insured claimant; (d)
attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or
interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 6- 1970 WITH REGIONAL EXCEP7IONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conFlicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE .
1. Any law, ordinance or govemmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in
the dimensions or area of the land, or the effect of any violation of any such law ordinance or govemmen[al regulation.
2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse ctaims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the
insured mortgage and not disclosed in wridng by the insured claimant to the Company prior to the date such insured cfaimant became an insured hereunder, (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or
material or to the extent insurance is afForded herein as to assessments for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
First American Title
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitrnent Page 10 of 13
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authoriry that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a corred survey would d'isclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this poticy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason
of:
1. (a) My law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public rernrds at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but 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) attachin9 or created subsequent to Date of Policy (except to the extent that this policy insures the prioriry of the lien of the insured mortgage over any statutory lien for
services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inabiliry or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury
or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the tien of the insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insoNency, or
similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULEB
This policy dces not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company wifl not pay loss or damage, costs, attorneys' fees or eacpenses which arise by reason
of:
1. (a) My law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protecfion, or the effect of any violation of
these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public rernrds at Date of Policy.
(b) My govemmentaf police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a viola[ion or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from rnverage any taking which has
acurred prior to Date of Policy which would be binding on the rights of a purchaser for value without.knowledge.
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; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
First American Title
Form No. 1068-2 Commitment No.: 4259-339829 i
ALTA Plain Language Commitment Page 11 of 13
. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEP'TIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exdusions set forth in paragraph 8 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
2. Any facts, righis, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes building and zoning ordinances and also laws and regulations
conceming:
• land use • land division
• improvements on the land 0 environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning ft, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without
knowing of the taking.
3. Title Risks: • that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage
in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14. (Subdivision Law Violation). 15. (Building Permit) 16. (Zoning) and 18. (Encroachment of boundary walls or fences)
are subject to Deductible Amounts and Maximum Dollar Limits of Liability
IXCLUSIONS
In addition to Exceptions in Schedule B, you are not insured against loss, costs, attomeys' fees, and expenses resulbng from:
1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances, laws and regulations conceming:
a. building
b. zoning
c. land use
d. improvements on the land
e. land division
f. environmental protection
This exdusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This exclusion does not limit the rnverage desaibed in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing strudures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
3. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
4. Failure to pay value for Your TiUe.
5. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
First American Tide
Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 12 of 13
` 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
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, attomeys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in
ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resutting from
a violation or alleged violation afFecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from rnverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
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
Gaimant prior to the date the Insured Gaimant became an Insured under this policy;
(c) resufting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a resuft of the applica[ion of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential trensfer results from the failure:
(i) to timey record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy dces not insure against loss or damage (and the Company will not pay rnsts, attorneys' fees or expenses) which arise by reason of:
Part One:
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.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public rernrds.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a rnrrect survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have prioriry over the lien of the Insured Mortgage when they arise: NONE
first Amerrcan Title
y Form No. 1068-2 Commitment No.: 4259-339829
ALTA Plain Language Commitment Page 13 of 13
.
First American Tit/e Insurance Company
1020 North Washington Street, Spokane, WA 99201
(509) 838-5281 - FAX (509) 838-3028
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information - particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fairlnformation Va/ues, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.
Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the
period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality
control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or
more of our affiliated companies. Such afFiliated companies include financial service providers, such as title insurers, property and
casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal
companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other
financial institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information I/a/ues We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
O 2001 The First American Corporation • All Rights Reserved
FirstAmerican Tide
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