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HomeMy Public PortalAbout2016 Commitment_for Title InsuranceThis page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C276C ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 800-943-1196 COMMITMENT FOR TITLE INSURANCE ISSUED BY Chicago Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C276C ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 800-943-1196 Transaction Identification Data for reference only: Loan ID Number: 3000560411 Commitment Number: 200525083ID Property Address: 1539 McCall Ave, McCall, ID 83638 Revision Number: 5 SCHEDULE A 1. Effective Date: June 4, 2020 Issue Date:06/18/2020 2. Policy to be issued: (a)Owner’s Policy Policy Amount $0.00 Proposed Insured: Policy Premium: $0.00 (Additional discounts may apply) (b)Loan Policy ALTA 2012 Short Form Policy Policy Amount $199,000.00 Proposed Insured: Roundpoint Mortgage Servicing Corporation, It's Successors and/or Assigns ATIMA, 446 Wrenplace Road, Fort Mill SC 29715 Policy Premium: $1,083.00 (Additional discounts may apply) (c)Proposed Insured: Policy Amount $ 3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE The estate is subject to, and the Company does not insure title to, and excepts from the description of the land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto 4. Title to the FEE SIMPLE estate or interest in the Land is at the Commitment Date vested in: JESSICA A. NEWELL, UNMARRIED AND LOGAN M. BONNESEN, UNMARRIED Deed Type: Warranty Deed Grantors: SHAWN M. JOHNSON AND SCOTT A. JOHNSON, WIFE AND HUSBAND This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C276C ALTA Commitment for Title Insurance 8-1-16 Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Grantees: JESSICA A. NEWELL, UNMARRIED AND LOGAN M. BONNESEN, UNMARRIED Dated: June 12, 2018 Recorded Date: June 15, 2018 Consideration: $0.00 BOOK: PAGE: Instrument: 414062 Notes: Deed Type: Quitclaim Deed Grantors: SCOTT A. JOHNSON AND SHAWN M. JOHNSON, HUSBAND AND WIFE WHO ACQUIRED TITLE AS SCOTT JOHNSON AND SHAWNA JOHNSON, HUSBAND AND WIFE Grantees: SHAWN M. JOHNSON AND SCOTT A. JOHNSON, WIFE AND HUSBAND Dated: March 27, 2017 Recorded Date: March 31, 2017 Consideration: $0.00 BOOK: PAGE: Instrument: 404876 Notes: Deed Type: Warranty Deed Grantors: JOHANNES T. KURY AND DEBORAH B. KURY, HUSBAND AND WIFE Grantees: SCOTT JOHNSON AND SHAWNA JOHNSON, HUSBAND AND WIFE Dated: October 16, 2015 Recorded Date: October 16, 2015 Consideration: $0.00 BOOK: PAGE: Instrument: 394634 Notes: 5. The Land is described as follows: SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF Commonly known as 1539 McCall Ave, McCall, ID 83638 However, by showing this address no additional coverage is provided Countersigned: ___________________ Authorized Signatory – Ingrid Davis Commitment No 200525083ID LEGAL DESCRIPTION EXHIBIT “A” THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF VALLEY, STATE OF IDAHO, AND IS DESCRIBED AS FOLLOWS: LOT 3 IN BLOCK 3 OF GREYSTONE VILLAGE NO. 3, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 10 OF PLATS AT PAGE(S) 56, AND RECORDED AS INSTRUMENT NO. 311462 AND AMENDED BY AFFIDAVIT RECORDED ON SEPTEMBER 22, 2006 AS INSTRUMENT NO. 313567 AND BY AFFIDAVIT RECORDED ON APRIL 18, 2007, AS INSTRUMENT NO. 320542, RECORDS OF VALLEY COUNTY, IDAHO. Parcel ID: RPM05750030030 Commonly known as 1539 McCall Ave, McCall, ID 83638 However, by showing this address no additional coverage is provided 800-943-1196 SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. If the insured premises include a mobile or manufactured home that has not been permanently affixed to the premises, Company will not issue a final policy of title insurance and any and all obligations created under this commitment will be void. 5. Instrument(s) creating the estate or interest (Title) to be insured, executed, delivered and recorded in the Public Records of the appropriate county 6. Pay all taxes, charges, and assessments affecting the land that are due and payable. 7. Duly executed Title/Owner’s Affidavit. 8. Documents for recordation pertinent to this transaction are required to be presented for recording in the format required by the appropriate county recording jurisdiction 9. Tax Information to follow as Exhibit B. 10. A judgment search has been performed in the county land records, for Jessica Ann Bonnesen and Logan Michael Bonnesen and JESSICA A NEWELL. Results of this will be named in this commitment, if any. (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose) 11. Company requires a new Mortgage, deed of trust, security instrument in the amount of $199000.00 from JESSICA A. BONNESEN AND LOGAN M. BONNESEN, A MARRIED COUPLE to Roundpoint Mortgage Servicing Corporation, It's Successors and/or Assigns ATIMA, 446 Wrenplace Road, Fort Mill SC 29715, be executed, and delivered in recordable form. Additionally, company requires spousal joinder to the security instrument to be insured under this commitment to insure. Company will require joinder to the security instrument or waiver of homestead, community property, dower, and/or courtesy should the state allow this waiver to be made by separate instrument. 12. Obtain and File Satisfactory resolution of the following matters: a. Final vesting, upon recording of a properly executed deed, shall read as follows: JESSICA A. BONNESEN AND LOGAN M. BONNESEN, A MARRIED COUPLE b. No bankruptcy filing on behalf of JESSICA ANN AND JESSICA BONNESEN AND LOGAN MICHAEL AND LOGAN BONNESEN AND JESSICA NEWELL, Debtor, in the State of IDAHO appear of record. Any claim caused by or arising out of any bankruptcy proceeding that was not disclosed by filed notice from the Federal District Court, for the State of IDAHO Bankruptcy Divisions, is hereby excluded from coverage. (All results herein are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose) c. The policy to be issued will contain an ALTA 9 endorsement or state specific equivalent endorsement providing affirmative coverage for Restrictions, Encroachments and Minerals provided all requirements are met and documentation is provided which meet the requirement to issue said endorsement, and the endorsement is requested on lender closing instructions. d. The policy to be issued will contain an ALTA 8.1 endorsement or state specific equivalent endorsement providing environmental protection provided all requirements are met and documentation is provided which meet the requirement to issue said endorsement, and the endorsement is requested on lender closing instructions. e. Standard form of indemnity (GAP Indemnity) for defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the Commitment Date but prior to the date of recording of the instruments under which the Proposed Insured acquires the estate or interest or mortgage covered by this commitment must be provided. Note: Due to office closures related to COVID-19 we may be temporarily unable to record documents in the normal course of business. f. Company requires evidence of satisfaction or release of a Deed of Trust from JESSICA A. NEWELL, UNMARRIED AND LOGAN M. BONNESEN, UNMARRIED (borrower) dated June 13, 2018 and recorded on June 15, 2018 in (instrument) 414063, of the official property records of VALLEY County, IDAHO in the amount of $201,750.00 and in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. AS A NOMINEE FOR FINANCE OF AMERICA MORTGAGE LLC (lender) TRUSTEE, as trustee AMERI TITLE. g. Said Note further secured by Assignment of Leases and Rents dated May 24, 2018, filed on June 16, 2018 , recorded in (instrument) 414061 of the Official Real Property Records of VALLEY County, IDAHO. 13. Company must act as settlement agent, if an entity other than Company acts as settlement agent title policy will not be issued. 14. Company requires spousal joinder to the security instrument to be insured under this commitment to insure. Company will require joinder to the security instrument or waiver of homestead, community property, dower, and/or courtesy should the state allow this waiver to be made by separate instrument. SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. 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. 3. Any encroachment, conflicts in boundary lines, discrepancies, easements, measurement, encumbrance, violation, variation, adverse circumstance or other state of facts affecting the title that would be disclosed by an accurate and complete 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. 4. The exact acreage or square footage of the premises will not be insured. 5. Rights, facts, interests or claims of present tenants, lessees or parties in possession 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. 6. Streams, riparian rights, littoral rights and the title to any filled-in-lands. 7. Taxes or special assessments which are not shown as existing liens by the public records. 8. Covenants, conditions and restrictions and other instruments recorded in the public records and purporting to impose a transfer fee or conveyance fee payable upon the conveyance of a interest in real property or payable for the right to make or accept such a transfer, and any and all fees, liens or charges, whether recorded or unrecorded, if any, currently due payable or that will become due or payable, and any other rights deriving therefrom, that are assessed pursuant thereto. 9. Any easements or servitudes not appearing in the public records. 10. Any lease, grant, exception or reservation of minerals or mineral rights appearing in the public records. 11. Homeowner’s or other association dues, assessments or fees for which no notice of delinquency, lien, claim of lien or assessment has been filed of record in the real property records. 12. Any matters listed as requirements on Schedule B-I that are not resolved to the satisfaction of Company will be shown as an exception on final policy. 13. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal by any utility service provider or authority that delivers such services and levies such charges, not shown as an existing lien by the Public Records. 14. Note: According to the public records, there have been no deeds conveying the land described herein within a period of twenty four (24) months prior to the date of this report, except as follows: Deed Type: Warranty Deed Grantors: SHAWN M. JOHNSON AND SCOTT A. JOHNSON, WIFE AND HUSBAND Grantees: JESSICA A. NEWELL, UNMARRIED AND LOGAN M. BONNESEN, UNMARRIED Dated: June 12, 2018 Recorded Date: June 15, 2018 Consideration: $0.00 BOOK: PAGE: Instrument: 414062 NOTE: Any map/plat provided is provided as a courtesy as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, locations of easements or acreage shown thereon. COMMITMENT CONDITIONS 1. DEFINITIONS (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “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 to be insured by the Policy. (c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) “Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i) comply with the Schedule B, Part I—Requirements; (ii) eliminate, with the Company’s written consent, any Schedule B, Part II— Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. 6500 Pinecrest Drive, Suite 600 Plano, TX 75024 800-943-1196 File Number: AHTL-200525083ID Transactee: JESSICA A. BONNESEN AND LOGAN M. BONNESEN, A MARRIED COUPLE Property Address: 1539 McCall Ave, McCall, ID 83638 ACCOUNT INFORMATION BANK OF AMERICA 275 Valencia, 2nd Floor BREA, CA 92823-6340 ROUTING NUMBER: 0260-0959-3 (FOR WIRES ONLY) Chicago Title Insurance Company, FIDELITY NATIONAL AGENCY SOLUTIONS DIVISION ESCROW ACCOUNT NUMBER: 1235079717 PLEASE REFERENCE THE FULL BORROWERS NAME AND PROPERTY ADDRESS ON ALL WIRES THANK YOU Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 TM and ©Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied upon the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation Internet Crime Compliant Center http://www.fbi.gov http://www.ic3.gov