HomeMy Public PortalAboutORD 205-06-16_Quitclaim Deed-Williams_06282016Instrument # 1529078
IDAHO FALLS, BONNEVILLE, IDAHO
7-11-2010 01:02:00 PM No. of Pages: 4
Recorded for :CITY OF IDAHO FALLS _
RONALD LONGINORE Fee: 0.00 ‘�, 0141
Ex-Ofllcio Recorder Deputy
Index to: ORDINANCE
205-06-16
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 104,
ORDINANCES OF THE CITY OF IONA, IDAHO;
REPEALING SECTION 9 OF SUCH ORDINANCE;
VACATING A PORTION OF DAYTON STREET IN THE
CITY OF IONA, IDAHO; AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AND
DELIVER ON BEHALF OF THE CITY A QUITCLAIM
DEED VACATING A PORTION OF DAYTON STREET IN
THE CITY OF IONA CONVEYING THE VACATED
STREET TO THE OWNER OF THE ADJACENT LAND,
AND NAMING THEM; PROVIDING FOR EFFECTIVE
DATE OF ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF IONA, IDAHO THAT:
Section 1. Inasmuch as Section 9 of Ordinance No.104, Ordinances of the City of
Iona erroneously vacated a portion of Dayton Street and conveyed the same to Kevin James
and Renee Oswald, the City does hereby repeal Section 9 of said Ordinance and declare the
Quitclaim Deed issued pursuant thereto null and void, nunc pro tunc.
Section 2. Vacation or Easement. A portion Dayton Street, a public street
located in the City of Iona, Bonneville County, Idaho, is not used or needed for public
purposes. The portion of such Street is more particularly described in Exhibit "A" attached
hereto. Pursuant to the provisions of Idaho Code Sections 50-311 and 50-1325, as amended,
such portion is hereby vacated in favor of the adjacent landowners named in Section 3 of this
Ordinance.
Section 3. Execution of Quitclaim Deed to Shane Williams and Julia L.
Buckwalter. The portion of such Street, as described in Exhibit "A" attached hereto, is
vacated in favor of the following land owners:
Name Address
Shane Williams and 5411 Free Ave.
Julia L. Buckwalter Iona, Idaho 83427
Section 4. Pursuant to Idaho Code § 50-311, the Mayor and City Clerk are hereby
authorized and directed to execute and deliver a Quitclaim Deed conveying said vacated
street to said owners, subject to any existing utility easements for the operation, maintenance
or replacement of existing water lines, sewer lines, gas lines or other public utility lines.
Section 5. Effective Date. This Ordinance shall be in full force and effect from
and after its passage, execution and publication in the manner provided by law.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this J7 day
of Tu. ICJ , 2016.
ATTEST:
Shara Roberts
City Clerk
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Brad Andersen
Mayor
-2-
STATE OF IDAHO )
)ss
County of Bonneville )
I, SHARA ROBERTS, CITY CLERK OF THE CITY OF IONA, IDAHO, DO
HEREBY CERTIFY:
That the above and foregoing is a full, true and correct copy of the Ordinance entitled,
"AN ORDINANCE AMENDING ORDINANCE NO.104, ORDINANCES OF THE CITY
OF IONA, IDAHO; REPEALING SECTION 9 OF SUCH ORDINANCE; VACATING A
PORTION OF DAYTON STREET IN THE CITY OF IONA, IDAHO; AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER
ON BEHALF OF THE CITY A QUITCLAIM DEED VACATING A PORTION OF
DAYTON STREET IN THE CITY OF IONA CONVEYING THE VACATED STREET TO
THE OWNER OF THE ADJACENT LAND, AND NAMING THEM; PROVIDING FOR
EFFECTIVE DATE OF ORDINANCE."
S aura Roberts
City Clerk
-3-
EXHIBIT A
Part of Dayton Street right-of-way in the Denning Addition to the Village of Iona per the
recorded plat filed in the Bonneville County courthouse, Instrument No. 3189911 and also
part of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section 12,
Township 2 North, Range 38 East of the Boise Meridian, Bonneville County Idaho
described as follows:
Beginning at the Southwest corner of Lot 6, Block 8, Denning Addition to the Village of
Iona per the recorded plat filed in the Bonneville County courthouse, Instrument No.
3189911; thence S.85°52120"W. 29.45 feet along the north right-of-way line of Free
Avenue extended to the Southeast comer of the parcel as described in Exhibit "H",
Ordinance 104, Instrument No. 1249320; thence N.00°14'20"W. 151.95 feet along the east
line of said parcel to the south line of Ashwood Acres, Division No. 1, an addition to the
City of Iona, Bonneville County, Idaho, Instrument No. 1003199; thence N.86°03'37"E.
29.44 feet along said south line to the easterly right-of-way line of Dayton Street and the
west line of Lot 6, Block 8, Denning Addition to the Village of Iona; thence S.00°14'20"E.
151.85 feet to the point of beginning.
Parcel contains 4,463 square feet.
GAWPDATAOW812708 City of IomiStreet VacatioasiDsyum Vacstion.ORD.2.wpd:sm
-4-
Instrument # 1529079
IDAHO FALLS, BONNEVILLE, IDAHO
7-11-2010 01:06:1O PM No. of Pages: 3
Recorded for :CITY OF IONA RONALD LONGMORE Fee: OAS 00*k
Ex-0Aicio Recorder Deputy
Index to: DEED. QUIT -CLAIM
QUITCLAIM DEED
THIS INDENTURE, made this *day of 1��,ut e) , 2016, between the City
of Iona, a municipal corporation, hereinafter referred to as "GRANTOR," and Shane Williams and
Julia L. Buckwalter, whose mailing address is 5411 Free Ave., Iona, Idaho, 83427, hereinafter
referred to as "GRANTEES,"
WITNESSETH:
That the Grantors, for and in consideration of the sum of Ten and No/ 100 Dollars ($10.00)
lawful money of the United States of America and other good and valuable consideration to Grantors
in hand paid by the Grantee, the receipt whereof is hereby acknowledged, do by these presents
remise, release and forever quitclaim unto the Grantee, and to Grantee's successors and assigns
forever, all right, title and interest now owned or hereafter acquired by the Grantors in all the
following described real estate in the County of Bonneville, State of Idaho, to -wit:
See Exhibit "A" attached hereto.
TOGETHER, with the tenements, hereditaments and appurtenances thereunto belonging or
in anywise appertaining, and any reversions, any remainders, and rents, issues and profits therefrom.
RESERVING unto Grantor an easement for the operation, maintenance and replacement of
existing water, sewer, gas or other public utility lines.
TO HAVE AND TO HOLD the said premises and the appurtenances unto the Grantee, and
to Grantee's successors and assigns forever.
In construing this Quitclaim Deed and where the context so requires, the singular includes
the plural.
IN WITNESS WHEREOF, the Grantors have executed the within instrument on the date set
forth below.
CITY OF IONA
Brad Andersen
Mayor
ATTEST:
STATE OF IDAHO )
)ss.
County of BonnevilleItik
)
On this 20 day of SI , 2016, before me, the undersigned, a Notary Public for
Idaho, personally appeared BRAD ANDERSEN, known to me to be the Mayor of the City of Iona,
the municipal corporation that executed the foregoing document, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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2 — QUITCLAIM DEED
EXHIBIT A
Part of Dayton Street right-of-way in the Denning Addition to the Village of Iona per the
recorded plat filed in the Bomieville County courthouse, Instrument No. 3189911 and also
part of the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4) of Section 12,
Township 2 North, Range 38 East of the Boise Meridian, Bonneville County Idaho
described as follows:
Beginning at the Southwest corner of Lot 6, Block 8, Denning Addition to the Village of
Iona per the recorded plat filed in the Bonneville County courthouse, Instrument No.
3189911; thence S.85°52'20"W. 29.45 feet along the north right-of-way line of Free
Avenue extended to the Southeast corner of the parcel as described in Exhibit "H",
Ordinance 104, instrument No. 1249320; thence N.00°14'20"W. 151.95 feet along the east
line of said parcel to the south line of Ashwood Acres, Division No. 1, an addition to the
City of Iona, Bonneville County, Idaho, Instrument No. 1003199; thence N.86°03'37"E.
29.44 feet along said south line to the easterly right-of-way line of Dayton Street and the
west line of Lot 6, Block 8, Denning Addition to the Village of Iona; thence S.00°1420"E.
151.85 feet to the point of beginning.
Parcel contains 4,463 square feet.
G:IWPDATAIDWS12708 City of Iona\Street Vecationa\Daylon.QCD.3.wpd:am
3 — QUITCLAIM DEED
Guarantee — (CLTA Form) Rev. 6-6-92
GUARANTEE
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF
THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND
SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY
ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR
WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN.
ISSUED BY
STEWART TITLE GUARANTY COMPANY
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Dated: April 28, 2016
Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned by:
Authorized Countersignature
AmeriTitle, Inc.
1650 Elk Creek Dr.
Idaho Falls, ID 83404
stewart
title guaranty company
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Serial No. G-2222-76030
Page 1 of 3 - GUARANTEE—6/6/92
Matt Morris
President and CEO
Denise C,rraux
Secretary
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms — The following terms when used in this Guarantee mean:
(a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date;
2. Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage by reason of the following:
(a) 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.
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water:
whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this
Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or
any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in
said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2)
Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or
agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any
judicial or non -judicial proceeding which is within the scope and purpose of assurances provided.
3. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the
Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
4. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or prosecute
as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights
of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee,
whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its option as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the
Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse
judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all
reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of
the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the
Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall
terminate.
6. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company,
a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the
required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required
to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the
Company, the Assured shall grant permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers,
checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as
confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is
necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant
permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall
terminate any liability of the Company under this Guarantee to the Assured for that claim.
7. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
Serial No. G-2222-76030
Page 2 of 3 - GUARANTEE 6/6/92
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase.
Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after
notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer and
assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed
loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any
litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any
costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed
loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any
litigation for which the Company has exercised its options under Paragraph 5.
8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject
to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these
Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
9. Limitation of Liability --
(a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a
final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant
to paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss —
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest
in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect
to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to
use the name of the assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal, interest and costs of collection.
13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured
arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provisions or other
obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under the Title Insurance Arbitration Rules. A copy of the Rules may be
obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract —
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
15. Notices, Where Sent — All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number
of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252-2029.
Serial No. G-2222-76030
Page 3 of 3 - GUARANTEE 6/6/92
LOT BOOK GUARANTEE
SCHEDULE A
Order No.: 105218AM
Guarantee No.: 2222-76030
Your Reference:
Dated: April 28, 2016 at 7:30 A.M.
Liability: $1,000.00
Fee: $75.00
Name of Assured: City of Iona
The Assurances referred to on the face page are:
That, according to the Company's property records relative to the following described real property (but without
examination of those Company records maintained and indexed by name):
Beginning at the Southwest corner of Lot 6 in Block 8 of Denning Addition according to the official
plat thereof, filed in Book D of Plats at Page(s) 7, Records of Bonneville County, Idaho, running
thence North 0°14'20" West 150.00 feet; thence North 85°52'20" East 82.0 feet; thence South
0°14'20" East 150.00 feet to the South line of said Lot 6; thence South 85°52'20" West 82.0 feet to
the point of beginning.
A. The last recorded instrument purporting to transfer title to said real property is:
Dated: December 8, 2015
Grantor: The United States of America
Grantee: Shane Williams and Julie Buckwalter, two single people
Recorded: January 4, 2016
Instrument No.: 1515016
B. There are no mortgages or deeds of trust which purport to affect said real property, other than those shown below
under exceptions.
SEE SCHEDULE B
No guarantee is made regarding (a) matters affecting the beneficial interest of any mortgage or deed of trust which may be
shown herein as an Exception, or (b) other matters which may affect any such mortgage or deed of trust.
No guarantee is made regarding any liens, claims of lien, defects or encumbrances other than those specifically provided
for above, and, if information was requested by reference to a street address, no guarantee is made that said real property
is the same as said address
END OF SCHEDULE A
LOT BOOK GUARANTEE
Order No: 105218AM
Policy No: 2222-76030
SCHEDULE B
EXCEPTIONS:
1. General Taxes for the year 2015 a Lien, the first half is paid and the second half is now due and payable.
Parcel No.: RPC3160008006B
In the original amount of: $1,467.38
2. A Deed of Trust, including the terms and provisions thereof, to secure the amount noted below and other amounts
secured thereunder, if any:
Amount: $109,250.00
Trustor/Grantor: Shane Williams, an unmarried person and Julia Buckwalter, an unmarried person
Trustee: AmeriTitle
Beneficiary: Iberiabank Mortgage Company
Dated: January 4, 2016
Recorded: January 4, 2016
Instrument No.: 1515017
END OF SCHEDULE B
Countersigned:
Authorized Signature
Form RD 1955-49
(Rev. 1-02)
Instrument # 1515016
IDAHO FALLS, BONNEVILLE, IDAHO
2016-01-04 12:40:08 PM No. of Pages: 2
Recorded for: AMERITITLE - IDAHO FALLS
RONALD LONGMORE Fee: $13.00
Ex-Officio Recorder Deputy DWoolf
Index To: DEED QUIT -CLAIM
Electronically Recorded by Simplifile
QUITCLAIM DEED
UNITED STATES DEPARTMENT OF AGRICULTURE
Position 5
The UNITED STATES OF AMERICA, CONVEYS and QUITCLAIMS to
Shane Williams and Julie Buckwalter, two single people, as Grantees
for the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 Dollars (S115,000.00)
all interest in the following described real estate situated in the County or Parish of
Bonneville, State of Idaho, to -wit:
Beginning at the Southwest corner of Lot 6 in Block 8 of Denning Addition
according to the official plat thereof, filed in Book D of Plats at Page(s) 7, records of
Bonneville County, Idaho, running thence North 0°14'20" West 150.00 feet; thence
North 85°52'20" East 82.0 feet; thence South 0°14'20" East 150.00 feet to the South
line of said Lot 6; thence South 85°52'20" West 82.0 feet to the point of beginning.
Address commonly known as: 5411 East Free Avenue
Iona, ID 83427
Form RD 1955-49(Rev. 1-02)
1515016
\200E38
SO°14120"-
\0°14120"W
\O 02 FIL.
152.01
ORD. 104
(h)
151.95
150
130
-D
20.35
ORD. ST-A-TIS 2N OF -)Lfti-
121.89
8./
() I
A
AtninTale
1650 Elk Creek Dr., Idaho Falls, ID 83404 (208)524-6600 FAX (208)524-6072
January 18, 2016
Shane Williams and Julie Buckwalter
4090 Lance
Idaho Falls, ID 83401
File No.: 80124AM
We enclose herewith the following:
Policy of Title Insurance
Original Deed recorded as Instrument No. 1515016
Thank you for doing business with us. We hope to be of service to you again.
Sincerely,
AmeriTitle
Chelsey Dey
ALTA Owner's Policy (6-17-06)
OWNER'S POLICY OF TITLE INSURANCE
Policy Number OX-9900591
Issued by Old Republic National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the
Company under this Policy must be given to the Company at the address shown in Section 18 of the
Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B, AND THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, a Minnesota corporation (the "Company") insures, as of Date of Policy and, to
the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the
Amount of Insurance, sustained or incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to
insurance against loss from:
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged,
notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized
by law;
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to
perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due
or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land. The term
"encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining
land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including
those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation
or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered
Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public
Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the
Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for
value without Knowledge.
ALTA Owner's Policy (6-17-06)
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative
remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to
the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors'
rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential
transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of
the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks l through
9 that has been created or attached or has been filed or recorded in the Public Records subsequent to
Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter
insured against by this Policy, but only to the extent provided in the Conditions.
Issued through the Office of:
AmeriTitle, Inc.
1650 Elk Creek Dr.
Idaho Falls, ID 83404
(208)524-6600
Authorized Signature
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-1111
By
Attest
President
Secretary
ALTA Owner's Policy (6-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not
pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This
Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage
provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under
Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the
date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the
coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid
value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors'
rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created
or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer
in the Public Records that vests Title as shown in Schedule A.
ALTA Owner's Policy (6-17-06)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by
endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these
Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase,
including heirs, devisees, survivors, personal representatives, or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution, or
reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable
consideration conveying the Title
(1) if the stock, shares, memberships, or other equity interests of the grantee are
wholly -owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly -owned by an affiliated Entity of the named Insured,
provided the affiliated Entity and the named Insured are both wholly -owned by the
same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument
established by the Insured named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any
successor that the Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(t) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be
imputed to an Insured by reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real
property. The term "Land" does not include any property beyond the lines of the area described in
Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access
to and from the Land is insured by this policy.
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one
evidenced by electronic means authorized by law.
(i) 'Public Records": Records established under state statutes at Date of Policy for the purpose of
imparting constructive notice of matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), 'Public Records" shall also include
environmental protection liens filed in the records of the clerk of the United States District Court
for the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a
prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only
so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not
continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the
Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
ALTA Owner's Policy (6-17-06)
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in
Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any
claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide
prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage, the Company may, at
its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss.
The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this
policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options contained in Section 7 of these
Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated causes of action alleging
matters insured against by this policy. The Company shall have the right to select counsel of its
choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured
as to those stated causes of action. It shall not be liable for and will not pay the fees of any other
counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the
defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these
Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other
act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent
or reduce loss or damage to the Insured. The Company may take any appropriate action under the
terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this
policy, the Company may pursue the litigation to a final determination by a court of competent
jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse
judgment or order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the
defense of any action or proceeding and any appeals, the Insured shall secure to the Company the
right to so prosecute or provide defense in the action or proceeding, including the right to use, at
its option, the name of the Insured for this purpose. Whenever requested by the Company, the
Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or
desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the
failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured
under the policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such cooperation.
ALTA Owner's Policy (6-17-06)
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath
by any authorized representative of the Company and to produce for examination, inspection, and
copying, at such reasonable times and places as may be designated by the authorized
representative of the Company, all records, in whatever medium maintained, including books,
ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether
bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage.
Further, if requested by any authorized representative of the Company, the Insured Claimant shall
grant its permission, in writing, for any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control of a third party that reasonably
pertain to the loss or damage. All information designated as confidential by the Insured Claimant
provided to the Company pursuant to this Section shall not be disclosed to others unless, in the
reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of
the Insured Claimant to submit for examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or governmental regulation, shall terminate
any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of insurance under this policy together with any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to
the Insured under this policy, other than to make the payment required in this subsection, shall
terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any
claim insured against under this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay; or
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under
this policy, together with any costs, attorneys' fees, and expenses incurred by the insured
Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or
(ii), the Company's obligations to the Insured under this policy for the claimed loss or damage,
other than the payments required to be made, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by
the Insured Claimant who has suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the
lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to
the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in
establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 101)/0, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of
the date the claim was made by the Insured Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs,
attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions.
ALTA Owner's Policy (6-17-06)
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures
the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as
insured, in a reasonably diligent manner by any method, including litigation and the completion of
any appeals, it shall have fully performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final determination
by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed
by the Insured in settling any claim or suit without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall
reduce the Amount of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by
insuring a Mortgage to which exception is taken
assumed, or taken subject, or which is executed
charge or lien on the Title, and the amount so paid
policy.
any amount the Company pays under any policy
in Schedule B or to which the Insured has agreed,
by an Insured after Date of Policy and which is a
shall be deemed a payment to the Insured under this
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these
Conditions, the payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated
and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in
respect to the claim that the Insured Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by
the Company, the Insured Claimant shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant and to use the name of the Insured
Claimant in any transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the
Company shall defer the exercise of its right to recover until after the Insured Claimant shall have
recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties,
other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to
arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association
("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating to this policy, any service in
connection with its issuance or the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured.
All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under
the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)
may be entered in any court of competent jurisdiction.
ALTA Owner's Policy (6-17-06)
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire
policy and contract between the Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such
claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an
authorized person, or expressly incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all
of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any
of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this
policy and determined the premium charged therefore in reliance upon the law affecting interests
in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of
title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is
located to determine the validity of claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company
must be filed only in a state or federal court within the United States of America or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this policy must be given to the Company at 400 Second Avenue South, Minneapolis, Minnesota
55401-2499.
ALTA Owner's Policy (6-17-06)
SCHEDULE A
Old Republic National Title Insurance Company
400 Second Avenue South
Minneapolis, MN 55401
800-328-4441
Order Number Policy Number Date of Policy Amount of Premium
Insurance Amount
80124AM OX-9900591 January 4, 2016 $115,000.00 $650.00
12:40PM
Endorsements Nos.:
Address Reference: 5411 E Free Avenue, Iona, ID 83427
Premium:
1. Name of Insured:
Shane Williams and Julie Buckwalter
2. The estate or interest in the Land that is insured by this policy is:
FEE SIMPLE
3. Title is vested in:
Shane Williams an unmarried person and and Julie Buckwalter, an unmarried person
4. The Land referred to in this policy is described as follows:
Beginning at the Southwest corner of Lot 6 in Block 8 of Denning Addition according to
the official plat thereof, filed in Book D of Plats at Page(s) 7, Records of Bonneville
County, Idaho, running thence North 0°14'20" West 150.00 feet; thence North
85°52'20" East 82.0 feet; thence South 0°14'20" East 150.00 feet to the South line of said
Lot 6; thence South 85°52'20" West 82.0 feet to the point of beginning.
END OF SCHEDULE A
ALTA Owner's Policy (6-17-06)
SCHEDULE B
Order No.: 80124AM Policy No.: OX-9900591
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs,
attorney's fees, or expenses that arise by reason of:
1. Rights or claims of parties in possession not shown by the public records.
2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate and complete land survey of the Land.
3. Easements, or claims of easements, not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights or easements appurtenant to water rights, claims or title to
water, whether or not the matters excepted under (a), (b), or (c) are shown by the public
records.
6. Taxes or special assessments which are not shown as existing liens by the public 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.
7. General Taxes for the year 2015 a Lien, the first half is paid and the second half is now due
and payable.
Parcel No.: RPC3160008006B
In the original amount of: $1,467.38
8. Taxes, including any assessments collected therewith, for the year 2016 which are a lien not
yet due and payable.
9. Easements, reservations, notes and/or dedications as shown on the official plat of Denning
Addition to the Village of Iona
10. Special assessments for Local Improvement District(s) of the City of Iona of which are paid
current.
11. Levies and assessments of the Progressive Irrigation District, and the rights, powers and
easements of said district as by law provided of which there are no assessments.
12. Levies and assessments of the lona-Bonneville Sewer District, and the rights, powers and
easements of said district as by law provided of which are paid current.
13. Ditch, road and public utility easements as the same may exist over said premises.
14. Rights of the public in and to that portion of the premises lying within roads and highways.
15. An easement for the purpose shown below and rights incidental thereto as set forth in
document:
Granted To: The Mountain States Telephone & Telegraph Company
Purpose: Right of Way
Recorded: September 20, 1971
Instrument No.: 422604
"
A L T A O w n e r ' s P o l i c y ( 6 - 1 7 - 0 6 )
1 6 . A n y e a s e m e n t s o r r i g h t s - o f - w a y f o r p u b l i c u t i l i t i e s , d r a i n a g e o r i r r i g a t i o n w h i c h m a y e x i s t ,
o v e r , u n d e r , a c r o s s o r u p o n t h a t p o r t i o n o f s u b j e c t p r o p e r t y r e f e r e n c e d h e r e i n a s v a c a t e d s t r e e t
o r a l l e y , v a c a t e d b y I n s t r u m e n t N o . 1 2 4 9 3 2 0 .
1 7 . A n y r i g h t s , i n t e r e s t s o r c l a i m s w h i c h m a y e x i s t o r a r i s e b y r e a s o n o f t h e m a t t e r ( s ) d i s c l o s e d
b y C o u n t y G I S m a p s .
1 8 . A D e e d o f T r u s t , i n c l u d i n g t h e t e r m s a n d p r o v i s i o n s t h e r e o f , t o s e c u r e t h e a m o u n t n o t e d
b e l o w a n d o t h e r a m o u n t s s e c u r e d t h e r e u n d e r , i f a n y :
A m o u n t : $ 1 0 9 , 2 5 0 . 0 0
D a t e d : J a n u a r y 4 , 2 0 1 6
T r u s t o r / G r a n t o r : S h a n e W i l l i a m s , a n u n m a r r i e d p e r s o n a n d J u l i e B u c k w a l t e r , a n u n m a r r i e d
p e r s o n
T r u s t e e : A m e r i T i t l e
B e n e f i c i a r y : I b e r i a b a n k M o r t g a g e C o m p a n y
R e c o r d e d : J a n u a r y 4 , 2 0 1 6
I n s t r u m e n t N o . : 1 5 1 5 0 1 7
E N D O F S C H E D U L E B
Fonn RD 1955-49
(Rev. 1-02)
Instrument # 1515016
IDAHO FALLS BONNEVILLE, IDAHO
2016-01-04 12:40:08 PM No. of Pages: 2
Recorded for: AMERITITLE - IDAHO FALLS
RONALD LONGMORE Fee: $13.00
Ex-Officio Recorder Deputy DWoolf
Index To: DEED QUIT -CLAIM
Electronically Recorded by Simplifile
QUITCLAIM DEED
UNITED STATES DEPARTMENT OF AGRICULTURE
Position 5
The UNITED STATES OF AMERICA, CONVEYS and QUITCLAIMS to
Shane Williams and Julie Buckwalter, two single people, as Grantees
for the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 Dollars ($115,000.00)
all interest in the following described real estate situated in the County or Parish of
Bonneville, State of Idaho, to -wit:
Beginning at the Southwest corner of Lot 6 in Block 8 of Denning Addition
according to the official plat thereof, filed in Book D of Plats at Page(s) 7, records of
Bonneville County, Idaho, running thence North 0° 14'20" West 150.00 feet; thence
North 85°52'20" East 82.0 feet; thence South 0°14'20" East 150.00 feet to the South
line of said Lot 6; thence South 85°52'20" West 82.0 feet to the point of beginning.
Address commonly known as: 5411 East Free Avenue
Iona, ID 83427
Form RD 1955-49(Rev. 1-02)
1515016
Form RD 1955-49
(Rev. 1-02)
i `RECORDS
�impli�ilr'
county: _-_�jL1�r_�._�c11(4'-------f----
Date: . Ul j �f�� 11(7' Time
QUITCLAIM DEED
UNITED STATES DEPARTMENT OF AGRICULTURE
Position 5
The UNITED STATES OF AMERICA, CONVEYS and QUITCLAIMS to
Shane Williams and Julie Buckwalter, two single people, as Grantees
for the sum of ONE HUNDRED FIFTEEN THOUSAND AND NO/100 Dollars ($115,000.00)
all interest in the following described real estate situated in the County or Parish of
Bonneville, State of Idaho, to -wit:
Beginning at the Southwest confer of Lot 6 in Block 8 of Denning Addition
according to the official plat thereof, filed in Book D of Plats at Page(s) 7, records of
Bonneville County, Idaho, running thence North 0°14'20" West 150.00 feet; thence
North 85°52'20" East 82.0 feet; thence South 0°14'20" East 150.00 feet to the South
line of said Lot 6; thence South 85°52'20" West 82.0 feet to the point of beginning.
Address commonly known as: 5411 East Free Avenue
Iona, ID 83427
Forn RD 1955-49(Rev. 1-02)
This deed is executed and delivered pursuant to the provision of the Standard Sales Contract, Sale of
Real Property by the United States of America dated December 2, 2015 and the cash sale of
Government Real Estate Owned property formerly belonging to Annette Sisneros, a single person,
REO account number 9040981094.
No member of Congress shall be admitted to any share or part of the deed or to any benefit that may
arise therefrom.
4
Dated
�qee nv,‘. 1C2Q l in the year
In the presence of:
2015
UNITED STATES
By•
Wallace E. Hedrick
State Director
AMF.RICA (Grantor)
(Title)
Rural Development
(Insert Name of USDA Agency)
United States Department of Agriculture
ACKNOWLEDGMENT
STATE OF IDAHO)
) ss.
COUNTY OF ADA)
i.h
On this e day of L .rnbeA2015, before me, the undersigned, a Notary Public in and for
said State, personally appeared Wallace E. Hedrick, known to me to be the State Director, Rural
Development, USDA, and the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same as such State Director.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and
year last above mentioned.
%l
Notary Public ' and for the State of Idaho
Residing at: I 51a
My Commiss n xp>res:
RD 1955-49(1-02) Reverse