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HomeMy Public PortalAbout2018.12.13 Closing Escrow Purchase Blk 2 Lots 11-29First American Title Company CLOSING ESCROW INSTRUCTIONS PURCHASE Escrow No.: 709370-MC Officer: Stacy Kriz Buyer: City of McCall, Idaho, an Idaho Date: / / To: First American Title Company, 616 North 3rd Street Suite 101, McCall, ID 83638 I/We hereby agree to purchase the hereinafter property as described in Schedule A of Commitment No. 709370- MC situated in Valley County, Idaho for a total consideration of $40,000.00 and will on or before closing hand you said consideration, which is payable as follows: Earnest Money Deposit $N/A Balance of Sales Price in the amount of $40,000.00 (closing costs and/or fees are additional) I/We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for me a Warranty Deed from: William Keller and Idaho Trust Bank, Co -Successor Trustees of The Family Trust created under Article 3 of The Warren and Jayne Brown Family Living Trust U/T/A dated December 10, 1997, amended March 31, 1998 You are authorized and instructed to issue the specified title insurance policy or policies, in the specified amounts, to -wit: OWNERS ALTA HOMEOWNER'S $ OWNERS STANDARD$40,000.00 OWNERS EXTENDED $ LENDERS STANDARD $ LENDERS EXTENDED $ on the property described on attached Order No.: 709370-MC Showing title vested in: City of McCall, Idaho, an Idaho Subject to: 1. Paragraphs 1-10 of Schedule 'B' of Owner's Commitment for Title Insurance Order No. 709370-MC, dated November 30, 2018, Revision No. FIRST, a copy of which is attached hereto. 2. Additional documents creating exceptions that will be recorded at the time of closing: N/A I have read the above referenced preliminary title commitment and approve the policy of title insurance to be issued as required by instructions to include the above vesting and exceptions: Buyers Initials: Page 1 of 9 Seller(s) and Buyer(s) hereby acknowledge that all contingencies and conditions on the Buy/Sell Agreement dated 11/29/18 and addendums dated on or after 11/29/18, have been either satisfied or negotiated outside of this escrow. Seller initials: PRORATE AND/OR ADJUST THE FOLLOWING AS OF 12/20/2018 -CHECK THOSE WHICH APPLY - Buyer initials: 94t----- ▪ 1. Taxes based on the amount of the tax statement set forth below under type of taxes for the year therein specified of the Tax Collector which has been issued prior to the close of escrow. No liability is assumed for the errors, omissions, and/or changes in the amount of the General County Taxes assessed on real and personal property by the County Assessor and/or Taxing Authority. (If the amount of the new tax bill issued by the Tax Collector after the close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein outside of escrow.) Sellers are to FORWARD to buyers any present or future tax bills on property herein. TYPE OF TAXES: ® Real Property 2018 ❑ Mobile Home ❑ Personal Property ❑ 2. Rents/Security Deposits ❑ 3. Condo or Homeowner's Association Dues ❑ 4. City Water/Sewer ❑ 5. City/County SID's (State Specific) ❑ 6. Other Seller initials: Buyer initialsG LOAN CALCULATIONS/PAYOFFS Loan amounts shown in seller(s) and buyer(s) settlement statements were determined from information provided to First American Title Company by the lender, or escrow provider, copies of which are available to the parties for inspection. Any inaccuracies or deficiencies in the calculation of these amounts by the lender or escrow provider remain the responsibility of the party legally obligated thereunder. Seller initials: Buyer initials: WATER RIGHTS The parties acknowledge that First American Title Company is not responsible for the transfer of any water, or water rights. I hereby agree to hold you harmless from the failure of the transfer of water to myself regardless of the reason or cause. If any transfer of water is being done, it is an accommodation for me. I understand that you have not made a search of the water rights to this land. I further understand that you are not making any representation and warranty concerning said water rights. Seller initials: Buyer initials: ? GENERAL PROVISIONS AUTHORIZATION TO FURNISH COPIES Page 2 of 9 You are authorized to furnish a copy of these instructions, amendments thereto, settlement statements and any other documents deposited in this escrow, except as noted in the paragraph immediately below, only to lender(s), real estate agent(s), broker(s) and/or attorney(s) involved in this transaction ("interested third parties") upon request. The Closing Disclosure will not be provided to interested third parties or to an outside party. This is mandated by the new privacy regulations, lenders' requirements, and for the protection of NPPI (Non -Public Personal Information). First American Title Company is hereby authorized and instructed to insert appropriate addresses on any and all documents generated by this escrow, that may or may not have been previously signed by buyers and/or sellers herein. MISCELLANEOUS FEES Escrow Holder may incur certain additional costs on behalf of the parties for services performed by third party providers. The fees charged by Escrow Holder for such services may include a mark up over the direct cost of such services to reflect the averaging of direct, administrative and overhead charges of Escrow Holder for such services. RECONVEYANCE In the event a lender who is paid in full in connection with this escrow, fails to timely forward the paid Note and a request for reconveyance of the paid Deed of Trust, the escrow holder acting as trustee and title insurer may use the procedures outlined in state statutes and regulations to effect a reconveyance of the Deed of Trust. Among other provisions of this chapter is the following: 'The reconveyance of a trust deed pursuant to this chapter shall not itself discharge any personal obligation that was secured by the trust deed at the time of its reconveyance." DEPOSIT OF FUNDS AND DISBURSEMENTS All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good funds, as provided for in state statutes and regulations have been confirmed. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in said State may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you may hold funds as otherwise instructed herein. CLOSE OF ESCROW The expression "close of escrow" means the date on which instruments referred to herein are filed for record unless otherwise indicated herein. Recordation of any instrument delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. CONFLICTING DEMANDS OR CLAIMS Should you, before or after the close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The provisions herein shall include, but are not limited to, conflicting demands or disputed claims relating to the real estate commissions and/or brokerage fees. ATTORNEYS FEES, COST/SUIT IN INTERPLEADER The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, as suit in interpleader brought by you. The parties expressly agree that you, as escrow holder, have the absolute right, at your election, to file an action in interpleader. You are authorized to deposit with the Clerk of Court all documents and funds held in this escrow. RIGHT OF CANCELLATION If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver a written notice to the other party and escrow agent demanding that said other party comply with the terms hereof within ten days from the receipt of said notice by escrow agent that these instructions shall hereupon become canceled. When the written notice is delivered to escrow agent by the party so electing to cancel, escrow agent Page 3 of 9 shall within 5 days thereafter send a copy of said notice to the other party in the manner provided by law and the usual practices of the escrow agent. In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these instructions shall become canceled and escrow agent is thereupon authorized: (a) first, to pay to the party electing to cancel any earnest money deposited hereunder by said other party, after deducting any charges: (b) second, to pay to said other party, any other money deposited hereunder by said other party, after deducting any charges remaining unpaid; (c) third, to pay to the party electing to cancel, any money deposited by said party, after deducting any charges remaining unpaid; and (d) fourth, to return all documents deposited hereunder to the party who delivered the same except documents executed by more than one party, which shall be marked "canceled" and retained in the files of escrow agent. LEGAL ADVICE Both Seller and Buyer acknowledge by their signatures hereon the following: I have been specifically informed that First American Title Company (hereinafter designated as "First American Title Company") is not licensed to practice law and no legal advice has been offered by First American Title Company or any of its employees. I have been further informed that First American Title Company is acting only as escrow agent and that it is forbidden by law from offering advice to any party regarding the merits of this escrow transaction or the nature of the instruments utilized, and that it has not done so. I have not been referred by First American Title Company to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have been requested to seek legal council of my own choosing at my own expense, if I have doubt concerning any aspect of this transaction. CONSUMER COMPLAINTS If you have a concern or complaint about the settlement services or title insurance you received from us, please contact our compliance team at: cfpb@titlefc.com or Title Financial Corporation Compliance Department P.O. Box 580 Blackfoot, Idaho 83221 PREPARATION OF FORM DOCUMENTS I further declare all instruments to which I am a party, if prepared by First American Title Company, have been prepared under the direction of my attorney, agents acting in my behalf, or myself, at my direction or request, and particularly declare that copying legal descriptions from title reports onto forms of deeds, etc., or reforming of legal descriptions or agreements, is or will be solely at my direction or request. PERSONAL PROPERTY TAXES No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. TAXPAYER REPORTING INFORMATION The Seller(s) acknowledges that Federal Law requires First American Title Company to report this transaction to the Internal Revenue Service on Form 1099. FACSIMILES/ELECTRONIC DOCUMENT DELIVERY In the event Seller and/or Buyer utilize facsimile or electronically transmitted documents, Seller and Buyer agree to accept and instruct First American Title Company to rely upon documents as if they bore original signatures. Seller and Buyer agree to provide the documents bearing the original signatures within 5 days of transmission. Seller and Buyer acknowledge and agree that any documents necessary for recording may not be accepted by the County Clerk and Recorder, with facsimile or electronically transmitted signatures, thus delaying the close of escrow. AMENDMENTS TO ESCROW INSTRUCTIONS Any amendments of and/or supplements to any instructions must be in writing. If any "Earnest Money Agreements," "Receipt and Agreements to Purchase" or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless, control. Page 4 of 9 FINANCIAL SOLVENCY Both Seller and Buyer hereby agree to hold First American Title Company harmless from all liability due to the financial status or insolvency of any other party, or any misrepresentation made by any other party and any loss or impairment of funds that have been deposited in escrow that are in the course of collection or while those funds are on deposit in a financial institution if such loss or impairment results from the failure, insolvency or suspension of a financial institution, or any loss or impairment of funds due to the invalidity of any draft, check, document or other negotiable instrument delivered to the escrow agent. We have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. I/We approve of the foregoing instructions, agree to be bound thereby, and will deliver to you documents, instructions and/or funds required within the time limits specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to use the funds and record the documents to comply with said escrow instructions and to pay all encumbrances of record necessary, without further approval including prepayment penalties, to show title as herein provided. I agree to pay your usual escrow fees, drawing of documents and such other charges which are advanced for my account regardless of the consummation of this escrow. I also agree to pay title insurance premiums and recording fees which are properly chargeable to me. Dated: /aZ /11/ 4 BUYER(S): City of McCall, Idaho I e: Jackie. mon itle: Mayor Address: 216 East Park Street McCall, ID 83638 SELLER(S): The Warren and Jane Brown Trust Family Living Trust Jayne J. Brown and Frank E. Brown (or their duly qualified successor or successors), Co - Trustees of The Family Trust created under Article 3 of The Warren and Jayne Brown Family Living Trust U/T/A dated December 10, 1997, amended March 31, 1998 William Keller, Co -Successor Trustee Randy Hoffman, Co -Successor Trustee Page 5 of 9 " " *t 01.1) REPUBLIC TITLE f FACTS WHAT DOES OLD REPUBLIC TITLE DO WITH YOUR PERSONAL INFORMATION? rev 07/2016 Financial companies choose how they share your personal information. Federal law gives consumers the right to limit Why? some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: What? " Social Security number and employment information " Mortgage rates and payments and account balances " Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. All financial companies need to share customers' . How? below, we list the reasons financial companies Republic Title chooses to share; and whether you ��..�� ��. 1 For our everyday business purposes  such as to process your transactions, maintain your account(s), or respond to court orders and legal investigations, or report to credit bureaus personal information to run can share their customers' personal can limit this sharing. 9�� t.��i .._ ��.��! fir. ' < : Yes their everyday business. In the section information; the reasons Old R f/ i ��F" , " $ arirt x .. No For our marketing purposes  to offer our products and services to you No We don't share For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes  information about your transactions and experiences Yes No For our affiliates' everyday business purposes  information about your creditworthiness No We don't share For our affiliates to market to you No We don't share For non -affiliates to market to you No We don't share Questions Go to www.oldrepublictitie.com (Contact Us) Page 7 of 9 Who we are Who is providing this notice? Companies with an Old Republic Title name and other affiliates. Please see below for a list of affiliates. What we do How does Old Republic Title protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. For more information, visit http://www.OldRepublicTitle.com/newnationaVContact/privacy. We collect your personal information, for example, when you: • Give us your contact information or show your driver's license • Show your government -issued ID or provide your mortgage information • Make a wire transfer We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. How does Old Republic Title collect my personal information? Why can't I limit all sharing? Federal law gives you the right to limit only: • Sharing for affiliates' everyday business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for non -affiliates to market to you State laws and individual companies may give you additional rights to limit sharing. See the "Other important information" section below for your rights under state law. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affiliates include companies with an Old Republic Title name, and financial companies such as Attomeys' Title Fund Services, LLC, Lex Terrae National Title Services, Inc., Mississippi Valley Title Services Company, and The Title Company of North Carolina. Non -affiliates Companies not related by common ownership or control. They can be financial and non -financial companies. • Old Republic Title does not share with non -affiliates so they can market to you Joint marketing A formal agreement between non-affiliated financial companies that together market financial products or services to you. • Old Republic Title doesn't jointly market. Page 8 of 9 ORT Form 4690 A (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company Transaction Identification Data for reference only: Issuing Agent and Office: First American Title Company 616 North 3rd Street Suite 101 McCall, ID 83638 (208)634- 4705 Issuing Offices ALTA ® Registry ID: 0046117 Loan ID No.: Issuing Office Commitment/File No.: 709370-MC READ & APPROVED: Property Address: Lots 11-29, Blk 2 Riverside Sub McCall, ID Revision No.: SCHEDULE A 1. Commitment Date: November 30, 2018 at 7:30 A.M. 2. Policy (or Policies) to be issued: Premium Amount reflects applicable rate (a) ® 2006 ALTA ® Standard Owner's Policy Proposed Insured: The City of McCall, Idaho Proposed Policy Amount: $40,000.00 Endorsements: (b) ❑ 2006 ALTA ® Loan Policy Proposed Insured: Proposed Policy Amount: $0.00 Endorsements: 9-06, 22-06, 8.1-06 (c) ❑ ALTA ® Policy Proposed Insured: Proposed Policy Amount: $ Endorsements: Premium Amount $ 408.00 $ Premium Amount $ Premium Amount $ 3. The estate or interest in the Land described or referred to in this Commitment is fee simple. 4. The Title is, at the Commitment Date, vested in: Jayne J. Brown and Frank E. Brown (or their duly qualified successor or successors), Co -Trustees of The Family Trust created under Article 3 of The Warren and Jayne Brown Family Living Trust dated December 10, 1997 This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National 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; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. File No. 709370-MC Page 4 of 9 ALTA Commitment for Title Insurance (B-1-16) Oregon residents only: We are providing you this notice under state law. We may share your personal information (described on page one) obtained from you or others with non -affiliate service providers with whom we contract, such as notaries and delivery services, in order to process your transactions. You may see what personal information we have collected about you in connection with your transaction (other than personal information related to a claim or legal proceeding). To see your information, please click on "Contact Us" at www.oldrepublictitle.com and submit your written request to the Legal Department. You may see and copy the information at our office or ask us to mail you a copy for a reasonable fee. If you think any information is wrong, you may submit a written request online to correct or delete it. We will let you know what actions we take. If you do not agree with our actions, you may send us a statement. Affiliates Who May be Delivering This Notice American First Abstract, LLC American First Title & Trust Company American Guaranty Title Insurance Company Attorneys' Title Fund Services, LLC Compass Abstract Inc. eRecording Partners Network, LLCGroup, Genesis Abstract,LLC Kansas City Management LLC L.T. Service Corp. Lenders Inspection Company Lex Terrae National Title Services, Inc. Lex Terrae, Ltd. Mara Escrow Company Mississippi Valley Tide Services Company National Title Agent's Services Company Old Republic Branch Information Services, Inc. Old Republic Diversified Services, Inc. Old Republic Exchange Company Old Republic National Tide insurance Company Old Republic Title and Escrow of Hawaii, Ltd. Old Republic Title Co. Old Republic Title Company of Conroe Old Republic Title Company of Indiana Old Republic Title Company of Nevada Old Republic Title Company of Oklahoma Old Republic Title Company of Oregon Old Republic Title Company of St Louis Old Republic Title Company of Tennessee Old Republic Title Information Concepts Old Republic Title Insurance Agency, Inc. Old Republic Title, Ltd. Republic Abstract & Settlement , LLC Sentry Abstract Company The Title Company of North Carolina Title Services, LLC Trident Land Transfer Company, LLC Page 9 of 9 ORT Form 4690 B I (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company 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. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. If any document in the completion of this transaction is to be executed by an attorney -in -fact, the Power of Attorney must be submitted for review prior to closing. 6. With respect to The Warren and Jayne Brown Family Living Trust, we require: 1. Copies of the trust agreement and any amendments thereto to determine the existence of the trust and the power of the trustees to act in the pending transaction. 2. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National Tide 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; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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 Tide Association. File No. 709370-MC Page 6 of 9 ALTA Commitment for Title Insurance (8-1-16) 5. The Land is described as follows: PARCEL I: LOTS 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 AND 24 OF BLOCK 2 OF THE RIVERSIDE SUBDIVISION ADJACENT TO THE VILLAGE OF MCCALL, VALLEY COUNTY, STATE OF IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY RECORDER OF VALLEY COUNTY, STATE OF IDAHO. PARCEL II: LOT 25 OF BLOCK 2 OF THE RIVERSIDE SUBDIVISION ADJACENT TO THE VILLAGE OF MCCALL, VALLEY COUNTY, STATE OF IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY RECORDER OF VALLEY COUNTY, STATE OF IDAHO. PARCEL III: LOTS 26, 27, 28 AND 29 OF BLOCK 2 OF THE RIVERSIDE SUBDIVISION ADJACENT TO THE VILLAGE OF MCCALL, VALLEY COUNTY, STATE OF IDAHO, ACCORDING TO THE OFFICIAL PLAT THEREOF ON RECORD IN THE OFFICE OF THE COUNTY RECORDER OF VALLEY COUNTY, STATE OF IDAHO. By: Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) This page is only a part of a 2016 ALTA q Commitment for Title Insurance issued by Old Republic National 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; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. File No. 709370-MC Page 5 of 9 ALTA Commitment for Title Insurance (8-1-16) ORT Form 4690 B II (8-1-16) ALTA Commitment for Title Insurance Issued By Old Republic National Title Insurance Company 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. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. 2. Any facts, rights, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the Land, and that are not shown in the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National 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; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. File No. 709370-MC Page 7 of 9 ALTA Commitment for Title Insurance (8-1-16) 8. 2018 taxes are an accruing lien, not yet due and payable until the fourth Monday in November of the current year. The first one-half is not delinquent until after December 20 of the current year, the second one-half is not delinquent until after June 20 of the following year. Taxes which may be assessed and entered on the property roll for 2018 with respect to new improvements and first occupancy, which may be included on the regular property, which are an accruing lien, not yet due and payable. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year Original Amount Amount Paid Parcel Number Covers 2018 $366.44 $0.00 RPM0217002011A Parcel 2018 $26.24 $0.00 RPM02170020250 Parcel II 2018 $104.52 $0.00 RPM0217002026A Parcel III Homeowners Exemption is not in effect for 2018. Circuit Breaker is not in effect for 2018. 9. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of said subdivision, 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 covenants, conditions or restrictions violate 42 USC 3604(c). 10. Right of way granted to Valley Company, recorded in Book 8 of Misc., page 623, as Instrument No. 42206. This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Old Republic National 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; Schedule B, Part II - Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 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. File No. 709370-MC Page 8 of 9 ALTA Commitment for Title Insurance (8-1-16)