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HomeMy Public PortalAboutParkview Meadows Lot 88 Cole County Abstract & Title Co. 240 E.High St. Jefferson City,Mo.65101 (573)636-3214/Fax(573)636-7225 Title Insurance--Abstracts--Escrow Closing Randall A.Koestner Ivey L.Hoff,Jr. President Secretary CITY OF JEFFERSON 320 E MCCARTY JEFFERSON CITY MO 65101 9/26/2017 RE: Owner's Policy No. 8230672-212307871 Please find enclosed above referenced Owner's Title Insurance Policy. We would urge you to keep this policy with your other valuable papers. There is no annual renewal fee for title insurance. Should you ever sell your property,your buyer will need their own insurance,as the policy is not transferable.However,the property now qualifies for a reissue rate when you are selling or refinancing. We certainly appreciate your business and invite you to consult us on all your abstract and title insurance needs whenever you are borrowing, buying or selling real estate. Evelyn Thomas Title Insurance Coordinator Enclosure:Original Warranty Deed 275104(6/06) ALTA Owner's Policy Schedule A-06 State of Missouri Cole County Ralph C.Bray Jr,Recorder of Deeds RECORDED Book: 678 Page: 494 Receipt tr:310366 Total Fees:$27.00 Reception:201706806 Pages Recorded:2 es Date Recorded: 7/17/201712:50:28 PM CCA �M �� 'IQW WARRANTY DEED BY CORPORATION This Indenture,made on the Alclayof Know all men by these Presents,that the HAWTHORN BANK,GRANTOR of the County of Cole, a State of Missouri,a Corporation organized and existing under the laws of the State of Missouri,party of the first part,in consideration of One Dollar and Other Valuable Consideration paid by CITY OF JEFFERSON,GRANTEE,t,Grantees mailin M address, /� Tt { [l Y A—) �W I�(1 C _,e tVL-N &F)l CD of the County o ole,State of Missouri,party or parties of the second part,the receipt of wh h is hereby acknowledged and by virtue and in pursuance of a resolution of the Board of Directors of said party of the first part,does by these presents GRANT,BARGAIN, SELL,CONVEY AND CONFIRM unto the said party or parties of the second part,and to the heirs,successors and assigns of such party or parties,the following described lots,tracts or parcels of land,lying,being and situate in the County of Cole and State of Missouri,towit: LOT NO.88,PARKVIEW MEADOWS SECTION 2,PER PLAT OF RECORD IN PLAT BOOK 12, PAGE 278, COLE COUNTY RECORDER'S OFFICE; SAID PARKVIEW MEADOWS SECTION 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 2,TOWNSHIP 44 NORTH,RANGE 13 WEST,AND PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 45 NORTH,RANGE 13 WEST. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. TO HAVE AND TO HOLD the premises aforesaid,with all and singular the rights,privileges,appurtenances and immunities thereto belonging,or in anywise appertaining unto the said party or parties of the Second Part,and unto the heirs,successors or assigns of such party or parties FOREVER, the said party of the first part hereby covenanting that it is lawfully seized of an indefeasible estate in fee in the premises herein conveyed,that it has good right to convey the same;that the said premises are free and clear of any encumbrance done or suffered by it or those under whom it claims,and that it will WARRANT AND DEFEND the title of the said premises unto the said party or parties of the Second Part,and unto the heirs,successors or assigns of such party or parties forever,against the lawful claims and demands of all persons whomsoever. W WITNESS WHEREOF,the said party of the first part has caused these presents to be signed by its Officer(s)the day and year first above written C c �l Yd- (C-orporatc�Senl) HAWTHORN B K V By President. Jeff Carr STATE OF MISSOURI ss. COUNTY OF COLE ' I day , before me personally appeared to me personally known,who,being by me duly swom,did say that he or she is President of HAWTHORN BANK ,and that t e ai stru ent was signed aa>9ee}ed in behalf of said corporation by authority of its Board of Directors. And the said I r acknowledges said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my o is al eal in the County and State aforesaid,the day and year first above written. (Notary Seal) C LYON Notary Public Notary Public-Notary Seal STATE OF MISSOURI My commission expires 86413 Cole County Commission#13413667 My Commission Exoires:06.02-2021 ().Fidelity National Title Insumnee Company Policy No.: 4894-1-86413-2017.8230672-212307871 OWNER'S POLICY OF TITLE INSURANCE Issued by FIDELITY NATIONAL TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required 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 encroachments onto the Land of existing EXCEPTIONS FROM COVERAGE CONTAINED IN improvements located on adjoining land. SCHEDULE B, AND THE CONDITIONS, FIDELITY 3. Unmarketable Title. NATIONAL TITLE INSURANCE COMPANY, a Florida 4. No right of access to and from the Land. corporation, (the "Company") insures as of Date of 5. The violation or enforcement of any law, Policy and, to the extent stated in Covered Risks 9 and ordinance, permit, or governmental regulation 10, after Date of Policy, against loss or damage, not (including those relating to building and zoning) exceeding the Amount of Insurance, sustained or restricting, regulating, prohibiting, or relating to incurred by the Insured by reason of: (a) the occupancy, use, or enjoyment of the 1. Title being vested other than as stated in Land; Schedule A. (b) the character, dimensions, or location of any 2. Any defect in or lien or encumbrance on the improvement erected on the Land; 'Title. This Covered Risk includes but is not (c) the subdivision of land; or limited to insurance against loss from (d) environmental protection (a) A defect in the Title caused by if a notice, describing any part of the Land, is recorded in the Public Records setting forth the (i) forgery, fraud, undue influence, duress, violation or intention to enforce, but only to the incompetency, incapacity, or extent of the violation or enforcement referred impersonation; to in that notice. (ii) failure of any person or Entity have 6. An enforcement action based on the exercise of authorized a transfer or conveyancc e; a governmental police power not covered by (iii)a document affecting Title not properly created, executed, witnessed, sealed, Covered Risk 5 if a notice of the enforcement acknowledged, notarized, or delivered; action, describing any part of the Land, is (iv)failure to perform those acts necessary recorded in the Public Records, but only to the to create a document by electronic extent of the enforcement referred to in that means authorized by law; notice. (v) a document executed under a falsified, 7. The exercise of the rights of eminent domain if a expired, or otherwise invalid power of notice of the exercise, describing any part of the attorney; Land, is recorded in the Public Records. (vi)a document not properly filed, recorded, 8• Any taking by a governmental body that has or indexed in the Public Records occurred and is binding on the rights of a including failure to perform those acts by purchaser for value without Knowledge. electronic means authorized by law; or 9• Title being vested other than as stated in (vii) a defective judicial or administrative Schedule A or being defective proceeding. (a) as a result of the avoidance in whole or in (b) The lien of real estate taxes or assessments part, or from a court order providing an imposed on the Title by a governmental alternative remedy, of a transfer of all or authority due or payable, but unpaid. any part of the title to or any interest in the (c) Any encroachment, encumbrance, violation, Land occurring prior to the transaction variation, or adverse circumstance affecting vesting Title as shown in Schedule A the Title that would be disclosed by an because that prior transfer constituted a accurate and complete land survey of the fraudulent or preferential transfer under Land. The term "encroachment" includes federal bankruptcy, state insolvency, or encroachments of existing improvements similar creditors' rights laws; or located on the Land onto adjoining land, and (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod-306 Copyright 2006-2016 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. Page 1 of 6 preferential transfer under federal through 9 that has been created or attached or bankruptcy, state insolvency, or similar has been filed or recorded in the Public Records creditors' rights laws by reason of the failure subsequent to Date of Policy and prior to the of its recording in the Public Records recording of the deed or other instrument of (i) to be timely, or transfer in the Public Records that vests Title as (il) to impart notice of its existence to a shown in Schedule A. purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. FIDELITY NATIONAL TITLE INSURANCE COMPANY Countersigned: �CCrnc ' ���4411UUJ��� B 8y. � I.E l/y$'/A� y' Authorized Offker or Agent Cole County Abstract&Title Co. 240 E High St President President Jefferson City, MO 65101 ','o; 'S Tel:573-636-3214 Fax: 73-636-7225 ��'<iu Attest: Secretary 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod-306 :! Copyright 2006-2016 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. Page 2 of 6 0 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE A Name and Address of Title Insurance Company: Chicago Title Insurance Company, 106 W 11th Street Ste 1800, Kansas City, Missouri 64105 Policy No.: 8230672-212307871 Address Reference: 310 PHEASANT RUN RD, Cole County, State of Missouri Amount of Insurance: $5,000.00 Premium: $7.00 Date of Policy: July 17, 2017 @ 12:50PM 1. Name of Insured: CITY OF JEFFERSON 2. The estate or interest in the Land that is insured by this policy is: FEESIMPLE 3. Title is vested in: CITY OF JEFFERSON 4. The Land referred to in this policy is described as follows: LOT NO.88, PARKVIEW MEADOWS SECTION 2, PER PLAT OF RECORD IN PLAT BOOK 12, PAGE 278, COLE COUNTY RECORDER'S OFFICE; SAID PARKVIEW MEADOWS SECTION 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 2,TOWNSHIP 44 NORTH, RANGE 13 WEST,AND PART OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 13 WEST. 27S104(6/06) ALTA Owner's Policy Schedule A-06 FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No. 8230672-212307871 File Number: 86413 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. 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. Rights or claims of parties in possession not shown by the public records. 3. Easements or claims of easements, not shown by the public records. 4. 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. 5. 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. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. TAXES FOR THE YEAR 2017 AND SUBSEQUENT YEARS. (NONE NOW DUE OR PAYABLE.) 8. NOTICE IN THE COLE COUNTY REAL ESTATE RECORDS BOOK 375, PAGE 755, OF ADOPTION OF SMALL ON-SITE WASTEWATER SYSTEMS. 9. PUBLIC WATER SUPPLY DISTRICT NO. THREE, IN BOOK 191, PAGES 621 AND 717. 10. RULES FOR DEVELOPMENT OF MOBILE HOME PARKS AND TRAVEL TRAILER CAMPS, COLE COUNTY, MISSOURI, IN BOOK 262, PAGE 13, NOTICE OF RULES FOR LAND SUBDIVISION OF COLE COUNTY, MISSOURI, IN BOOK 412, PAGE 969, NOTICE FOR RULES FOR EXCAVATION IN COLE COUNTY RIGHT-OF-WAY IN BOOK 371, PAGE 460 AND NOTICE OF COUNTY BUILDING CODES IN BOOK 399, PAGES 26 AND 27. (NO ASSESSMENTS SHOWN AS DUE OR PAYABLE OR NOTICES OF VIOLATION APPEAR IN THE REAL ESTATE RECORDS OF COLE COUNTY.) 11. RESERVATIONS, TERMS, PROVISIONS AND CONDITIONS IN BOOK 255, PAGE 972, INCLUDING BUT NOT LIMITED TO RESERVATION OF RIGHTS OF INGRESS AND EGRESS, AGREEMENT THAT PROPERTY IS CONVEYED FOR USE AS PART OF A 60 FOOT RIGHT OF WAY TO BE DEDICATED TO THE PUBLIC USE AND MAINTENANCE PROVISIONS. 12. RIGHT OF WAY EASEMENT TO THREE RIVERS ELECTRIC COOPERATIVE IN BOOK 227, PAGE 509. 13. WATER LINE EASEMENTS TO PUBLIC WATER SUPPLY DISTRICT NO. 3 IN BOOK 199, PAGE 125; BOOK 199, PAGE 147 AND BOOK 410, PAGE 836 AND IN BOOK 559, PAGE 945. 275104(6/06) ALTA Owner's Policy Schedule A-06 44. RIGHT OF WAY PERMIT TO MISSOURI POWER AND LIGHT COMPANY IN BOOK 71, PAGE 466. 15. RIGHT TO CONSTRUCT AND MAINTAIN DRAINAGE DITCH TO STATE OF MISSOURI IN BOOK 94, PAGE 616. 16. REGIONAL WEST FIRE DISTRICT ESTABLISHED BY CIRCUIT CASE CV190-843CC, INCLUDING AN INITIAL LEVY AUTHORIZATION OF THIRTY(30 CENTS) PER ONE HUNDRED ($100.00) DOLLARS VALUATION OF RECORD IN BOOK 348, PAGE 978 AND 980. (NO ASSESSMENTS SHOWN AS DUE OR PAYABLE OR NOTICES OF VIOLATION APPEAR IN THE REAL ESTATE RECORDS OF COLE COUNTY.) 17. BUILDING SETBACKS, EASEMENTS AND RESTRICTIONS ON PLAT IN PLAT BOOK 12, PAGES 227 AND 278. 18. COVENANTS, CONDITIONS AND RESTRICTIONS IN BOOK 436, PAGE 517, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANT, CONDITIONS OR RESTRICTIONS VIOLATE 42 USC 3604(C) OR ANY SIMILAR STATE STATUTE OR LOCAL ORDINANCE. 19. ACCESS TO ALL LOTS IS BY MEANS OF PRIVATE ROADS AND RESERVED TRACTS C, D & E AS SHOWN ON PLAT IN PLAT BOOK 12, PAGE 278. 20. GRANT OF EASEMENTS FOR UTILITY PURPOSES IN BOOK 460, PAGE 726. 275104(6106) ALTA Owner's Policy Schedule A-06 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the (b) not Known to the Company, not recorded in the coverage of this policy, and the Company will not pay Public Records at Date of Policy, but Known to loss or damage, costs, attorneys' fees, or expenses that the Insured Claimant and not disclosed in writing arise by reason of: to the Company by the Insured Claimant prior to 1. (a) Any law, ordinance, permit, or governmental the date the Insured Claimant became an regulation (including those relating to building Insured under this policy; and zoning) restricting, regulating, prohibiting, (c) resulting in no loss or damage to the Insured or relating to Claimant; (i) the occupancy, use, or enjoyment of the (d) attaching or created subsequent to Date of Land; Policy (however, this does not modify or limit (ii) the character, dimensions or location of any the coverage provided under Covered Risk 9 and improvement erected on the Land; 10); or (iii)the subdivision of land; or (e) resulting in loss or damage that would not have (iv)environmental protection; been sustained if the Insured Claimant had paid or the effect of any violation of these laws, value for the Title. ordinances, or governmental regulations. This 4. Any claim, by reason of the operation of federal Exclusion 1(a) does not modify or limit the bankruptcy, state insolvency, or similar creditors' coverage provided under Covered Risk 5. rights laws, that the transaction vesting the Title as (b) Any governmental police power. This Exclusion shown in Schedule A, is 1(b) does not modify or limit the coverage (a) a fraudulent conveyance or fraudulent transfer; provided under Covered Risk 6. or 2. Rights of eminent domain. This Exclusion does not (b) a preferential transfer for any reason not stated modify or limit the coverage provided under Covered in Covered Risk 9 of this policy. Risk 7 or S. 5. Any lien on the Title for real estate taxes or 3. Defects, liens, encumbrances, adverse claims, or assessments imposed by governmental authority other matters: and created or attaching between Date of Policy and (a) created, suffered, assumed, or agreed to by the the date of recording of the deed or other Insured Claimant; instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS (2) if the grantee wholly owns the named The following terms when used in this policy mean: Insured, (a) "Amount of Insurance": The amount stated in (3) if the grantee is wholly-owned by an Schedule A, as may be increased or decreased by affiliated Entity of the named Insured, provided the endorsement to this policy, increased by Section 8(b), or affiliated Entity and the named Insured are both wholly- decreased by Sections 10 and 11 of these Conditions. owned by the same person or Entity, or (b) "Date of Policy": The date designated as `Date of (4) if the grantee is a trustee or beneficiary of Policy" in Schedule A. a trust created by a written instrument established by the (c)"Entity": A corporation, partnership, trust, limited Insured named in Schedule A for estate planning purposes. liability company, or other similar legal entity. (ii) With regard to (A), (B), (C), and (D) reserving, (d) "Insured": The Insured named in Schedule A. however, all rights and defenses as to any successor that (i) The term "Insured" also includes the Company would have had against any predecessor (A) successors to the Title of the Insured by Insured. operation of law as distinguished from purchase, including (e) "Insured Claimant": An Insured claiming loss or heirs, devisees, survivors, personal representatives, or damage. next of kin; (f)"Knowledge" or "Known": Actual knowledge, not (B) successors to an Insured by dissolution, constructive knowledge or notice that may be imputed to merger, consolidation, distribution, or reorganization; an Insured by reason of the Public Records or any other (C) successors to an Insured by its conversion records that impart constructive notice of matters affecting to another kind of Entity; the Title. (D) a grantee of an Insured under a deed (g) "Land": The land described in Schedule A, and delivered without payment of actual valuable consideration affixed improvements that by law constitute real property. conveying the Title The term "Land" does not include any property beyond the (1) if the stock, shares, memberships, or other lines of the area described in Schedule A, nor any right, equity interests of the grantee are wholly-owned by the title, interest, estate, or easement in abutting streets, named Insured, roads, avenues, alleys, lanes, ways or waterways, but this 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod-306 ; Copyright 2006-2016 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. Page 3 of 6 does,not modify or limit the extent that a right of access to delay, shall provide for the defense of an Insured in and from the Land is insured by this policy. litigation in which any third party asserts a claim covered (h) "Mortgage": Mortgage, deed of trust, trust deed, or by this policy adverse to the Insured. This obligation is other security instrument, including one evidenced by limited to only those stated causes of action alleging electronic means authorized by law. matters insured against by this policy. The Company shall (i) "Public Records": Records established under state have the right to select counsel of its choice (subject to the statutes at Date of Policy for the purpose of imparting right of the Insured to object for reasonable cause) to constructive notice of matters relating to real property to represent the Insured as to those stated causes of action. purchasers for value and without Knowledge. With respect It shall not be liable for and will not pay the fees of any to Covered Risk 5(d), "Public Records" shall also include other counsel. The Company will not pay any fees, costs, environmental protection liens filed in the records of the or expenses incurred by the Insured in the defense of clerk of the United States District Court for the district those causes of action that allege matters not insured where the Land is located. against by this policy. (j) "Title": The estate or interest described in (b) The Company shall have the right, in addition to Schedule A. the options contained in Section 7 of these Conditions, at (k) "Unmarketable Title": Title affected by an alleged or its own cost, to institute and prosecute any action or apparent matter that would permit a prospective purchaser proceeding or to do any other act that in its opinion may or lessee of the Title or lender on the Title to be released be necessary or desirable to establish the Title, as insured, from the obligation to purchase, lease, or lend if there is a or to prevent or reduce loss or damage to the Insured. The contractual condition requiring the delivery of marketable Company may take any appropriate action under the terms title. of this policy, whether or not it shall be liable to the 2. CONTINUATION OF INSURANCE Insured. The exercise of these rights shall not be an The coverage of this policy shall continue in force as of admission of liability or waiver of any provision of this Date of Policy in favor of an Insured, but only so long as policy. If the Company exercises its rights under this the Insured retains an estate or interest in the Land, or subsection, it must do so diligently. holds an obligation secured by a purchase money (c)Whenever the Company brings an action or asserts a Mortgage given by a purchaser from the Insured, or only defense as required or permitted by this policy, the so long as the Insured shall have liability by reason of Company may pursue the litigation to a final determination warranties in any transfer or conveyance of the Title. This by a court of competent jurisdiction, and it expressly policy shall not continue in force in favor of any purchaser reserves the right, in its sole discretion, to appeal from any from the Insured of either (i) an estate or interest in the adverse judgment or order. Land, or (ii) an obligation secured by a purchase money 6. DUTY OF INSURED CLAIMANT TO COOPERATE Mortgage given to the Insured. (a) In all cases where this policy permits or requires 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED the Company to prosecute or provide for the defense of CLAIMANT any action or proceeding and any appeals, the Insured The Insured shall notify the Company promptly in shall secure to the Company the right to so prosecute or writing (i) in case of any litigation as set forth in Section provide defense in the action or proceeding, including the 5(a) of these Conditions, (ii) in case Knowledge shall come right to use, at its option, the name of the Insured for this to an Insured hereunder of any claim of title or interest purpose. Whenever requested by the Company, the that is adverse to the Title, as insured, and that might Insured, at the Company's expense, shall give the cause loss or damage for which the Company may be liable Company all reasonable aid (i) in securing evidence, by virtue of this policy, or (iii) if the Title, as insured, is obtaining witnesses, prosecuting or defending the action or rejected as Unmarketable Title. If the Company is proceeding, or effecting settlement, and (ii) in any other prejudiced by the failure of the Insured Claimant to lawful act that in the opinion of the Company may be provide prompt notice, the Company's liability to the necessary or desirable to establish the Title, or any other Insured Claimant under the policy shall be reduced to the matter as insured. If the Company is prejudiced by the extent of the prejudice. failure of the Insured to furnish the required cooperation, 4. PROOF OF LOSS the Company's obligations to the Insured under the policy In the event the Company is unable to determine the shall terminate, including any liability or obligation to amount of loss or damage, the Company may, at its defend, prosecute, or continue any litigation, with regard option, require as a condition of payment that the Insured to the matter or matters requiring such cooperation. Claimant furnish a signed proof of loss. The proof of loss (b) The Company may reasonably require the Insured must describe the defect, lien, encumbrance, or other Claimant to submit to examination under oath by any matter insured against by this policy that constitutes the authorized representative of the Company and to produce basis of loss or damage and shall state, to the extent for examination, inspection, and copying, at such possible, the basis of calculating the amount of the loss or reasonable times and places as may be designated by the damage. authorized representative of the Company, all records, in S. DEFENSE AND PROSECUTION OF ACTIONS whatever medium maintained, including books, ledgers, (a) Upon written request by the Insured, and subject checks, memoranda, correspondence, reports, e-mails, to the options contained in Section 7 of these Conditions, disks, tapes, and videos whether bearing a date before or the Company, at its own cost and without unreasonable after Date of Policy, that reasonably pertain to the loss or 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod 306 Copyright 2006-2016 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. Page 4 of 6 damage. Further, if requested by any authorized Insured Claimant who has suffered loss or damage by representative of the Company, the Insured Claimant shall reason of matters insured against by this policy. grant its permission, in writing, for any authorized (a) The extent of liability of the Company for loss or representative of the Company to examine, inspect, and damage under this policy shall not exceed the lesser of copy all of these records in the custody or control of a third (i) the Amount of Insurance; or party that reasonably pertain to the loss or damage. All (ii)the difference between the value of the Title as information designated as confidential by the Insured insured and the value of the Title subject to the risk Claimant provided to the Company pursuant to this Section insured against by this policy. shall not be disclosed to others unless, in the reasonable (b) If the Company pursues its rights under Section 5 judgment of the Company, it is necessary in the of these Conditions and is unsuccessful in establishing the administration of the claim. Failure of the Insured Claimant Title, as insured, to submit for examination under oath, produce any (i) the Amount of Insurance shall be increased by reasonably requested information, or grant permission to 10%, and secure reasonably necessary information from third parties (ii)the Insured Claimant shall have the right to have as required in this subsection, unless prohibited by law or the loss or damage determined either as of the date the governmental regulation, shall terminate any liability of claim was made by the Insured Claimant or as of the date the Company under this policy as to that claim. it is settled and paid. 7. OPTIONS TO PAY OR OTHERWISE SETTLE (c)In addition to the extent of liability under (a) and CLAIMS; TERMINATION OF LIABILITY (b), the Company will also pay those costs, attorneys' In case of a claim under this policy, the Company shall fees, and expenses incurred in accordance with Sections 5 have the following additional options: and 7 of these Conditions. (a) To Pay or Tender Payment of the Amount of 9. LIMITATION OF LIABILITY Insurance. (a) If the Company establishes the Title, or removes To pay or tender payment of the Amount of Insurance the alleged defect, lien or encumbrance, or cures the lack under this policy together with any costs, attorneys' fees, of a right of access to or from the Land, or cures the claim and expenses incurred by the Insured Claimant that were of Unmarketable Title, all as insured, in a reasonably authorized by the Company up to the time of payment or diligent manner by any method, including litigation and the tender of payment and that the Company is obligated to completion of any appeals, it shall have fully performed its pay. obligations with respect to that matter and shall not be Upon the exercise by the Company of this option, all liable for any loss or damage caused to the Insured. liability and obligations of the Company to the Insured (b) In the event of any litigation, including litigation by under this policy, other than to make the payment the Company or with the Company's consent, the required in this subsection, shall terminate, including any Company shall have no liability for loss or damage until liability or obligation to defend, prosecute, or continue any there has been a final determination by a court of litigation. competent jurisdiction, and disposition of all appeals, (b) To Pay or Otherwise Settle With Parties Other Than adverse to the Title, as insured. the Insured or With the Insured Claimant. (c)The Company shall not be liable for loss or damage (i)To pay or otherwise settle with other parties for to the Insured for liability voluntarily assumed by the or in the name of an Insured Claimant any claim insured Insured in settling any claim or suit without the prior against under this policy. In addition, the Company will written consent of the Company. pay any costs, attorneys' fees, and expenses incurred by 10. REDUCTION OF INSURANCE; REDUCTION OR the Insured Claimant that were authorized by the TERMINATION OF LIABILITY Company up to the time of payment and that the Company All payments under this policy, except payments made is obligated to pay; or for costs, attorneys' fees, and expenses, shall reduce the (ii)To pay or otherwise settle with the Insured Amount of Insurance by the amount of the payment. Claimant the loss or damage provided for under this policy, 11. LIABILITY NONCUMULATIVE together with any costs, attorneys' fees, and expenses The Amount of Insurance shall be reduced by any incurred by the Insured Claimant that were authorized by amount the Company pays under any policy insuring a the Company up to the time of payment and that the Mortgage to which exception is taken in Schedule B or to Company is obligated to pay. which the Insured has agreed, assumed, or taken subject, Upon the exercise by the Company of either of the or which is executed by an Insured after Date of Policy and options provided for in subsections (b)(i) or (ii), the which is a charge or lien on the Title, and the amount so Company's obligations to the Insured under this policy for paid shall be deemed a payment to the Insured under this the claimed loss or damage, other than the payments policy. required to be made, shall terminate, including any liability 12. PAYMENT OF LOSS or obligation to defend, prosecute, or continue any When liability and the extent of loss or damage have litigation. been definitely fixed in accordance with these Conditions, S. DETERMINATION AND EXTENT OF LIABILITY the payment shall be made within 30 days. This policy is a contract of indemnity against actual 13. RIGHTS OF RECOVERY UPON PAYMENT OR monetary loss or damage sustained or incurred by the SETTLEMENT 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod 306 Copyright 2006-2016 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. Page 5 of 6 (a) Whenever the Company shall have settled and paid (a) This policy together with all endorsements, if any, a claim under this policy, it shall be subrogated and attached to it by the Company is the entire policy and entitled to the rights of the Insured Claimant in the Title contract between the Insured and the Company. In and all other rights and remedies in respect to the claim interpreting any provision of this policy, this policy shall be that the Insured Claimant has against any person or construed as a whole. property, to the extent of the amount of any loss, costs, (b) Any claim of loss or damage that arises out of the attorneys' fees, and expenses paid by the Company. If status of the Title or by any action asserting such claim requested by the Company, the Insured Claimant shall shall be restricted to this policy. execute documents to evidence the transfer to the (c)Any amendment of or endorsement to this policy Company of these rights and remedies. The Insured must be in writing and authenticated by an authorized Claimant shall permit the Company to sue, compromise, or person, or expressly incorporated by Schedule A of this settle in the name of the Insured Claimant and to use the policy. name of the Insured Claimant in any transaction or (d) Each endorsement to this policy issued at any time litigation involving these rights and remedies. is made a part of this policy and is subject to all of its If a payment on account of a claim does not fully cover terms and provisions. Except as the endorsement the loss of the Insured Claimant, the Company shall defer expressly states, it does not (i) modify any of the terms the exercise of its right to recover until after the Insured and provisions of the policy, (ii) modify any prior Claimant shall have recovered its loss. endorsement, (iii) extend the Date of Policy, or (iv) (b) The Company's right of subrogation includes the increase the Amount of Insurance. rights of the Insured to indemnities, guaranties, other 16. SEVERABILITY policies of insurance, or bonds, notwithstanding any terms In the event any provision of this policy, in whole or in or conditions contained in those instruments that address part, is held invalid or unenforceable under applicable law, subrogation rights. the policy shall be deemed not to include that provision or 14.ARBITRATION (INAPPLICABLE IN KANSAS AND such part held to be invalid, but all other provisions shall MISSOURI) remain in full force and effect. Either the Company or the Insured may demand that 17. CHOICE OF LAW; FORUM the claim or controversy shall be submitted to arbitration (a) Choice of Law: The Insured acknowledges the pursuant to the Title Insurance Arbitration Rules of the Company has underwritten the risks covered by this policy American Land Title Association ("Rules"). Except as and determined the premium charged therefor in reliance provided in the Rules, there shall be no joinder or upon the law affecting interests in real property and consolidation with claims or controversies of other persons. applicable to the interpretation, rights, remedies, or Arbitrable matters may include, but are not limited to, any enforcement of policies of title insurance of the jurisdiction controversy or claim between the Company and the where the Land is located. Insured arising out of or relating to this policy, any service Therefore, the court or an arbitrator shall apply the law in connection with its issuance or the breach of a policy of the jurisdiction where the Land is located to determine provision, or to any other controversy or claim arising out the validity of claims against the Title that are adverse to of the transaction giving rise to this policy. All arbitrable the Insured and to interpret and enforce the terms of this matters when the Amount of Insurance is $2,000,000 or policy. In neither case shall the court or arbitrator apply its less shall be arbitrated at the option of either the Company conflicts of law principles to determine the applicable law. or the Insured. All arbitrable matters when the Amount of (b) Choice of Forum: Any litigation or other proceeding Insurance is in excess of $2,000,000 shall be arbitrated brought by the Insured against the Company must be filed only when agreed to by both the Company and the only in a state or federal court within the United States of Insured. Arbitration pursuant to this policy and under the America or its territories having appropriate jurisdiction. Rules shall be binding upon the parties. Judgment upon 18. NOTICES, WHERE SENT the award rendered by the Arbitrator(s) may be entered in Any notice of claim and any other notice or statement in any court of competent jurisdiction. writing required to be given to the Company under this 15. LIABILITY LIMITED TO THIS POLICY; POLICY policy must be given to the Company at FIDELITY ENTIRE CONTRACT NATIONAL TITLE INSURANCE COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023. 8230672 ALTA Owners Policy 06/17/06 w-KS/MO Mod_306 Copyright 2006-2016 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. Page 6 of 6 Cole County Abstract & Title Co. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third parry unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of person or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Cole County Abstract&Title Co. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from (our affiliates or) others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. I We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.