B08_SOL_Exhibit_A_0001.pdf
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- Solicitation number
- 140D0422Q0290
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| B08_SOL_Exhibit_D_0001.pdf | ||
| Sol_140D0422Q0290_Amd_0001.pdf | ||
| B08_SOL_Exhibit_C_0001.pdf | ||
| B08_SOL_Exhibit_B_0001.pdf | ||
| Sol_140D0422Q0290.pdf |
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LiveLOOK
Lawyers Title - Arizona
Commitment
Escrow Officer:
Email:
File No.: 01969227
Your Reference No:
Property Address:
Introducing
LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction.
Access title reports, exception documents, an easy-to-use summary page, and more, at your fingertips and your convenience.
To view your new Lawyers Title LiveLOOK report, Click Here
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81069 Condition of Title Report (01/09/2014) Page 1
Commonwealth Land Title Insurance Company
CCOONNDDIITTIIOONN OOFF TTIITTLLEE RREEPPOORRTT
Commonwealth Land Title Insurance Company, a Nebraska corporation, herein called the Company, SUBJECT TO THE TERMS, LIMITATIONS AND CONDITIONS OF THE APPLICATION FOR THIS CONDITION OF
TITLE REPORT, WHICH APPLICATION, OR COPY THEREOF, IS ATTACHED HERETO AND MADE A PART HEREOF
REPORTS
To the party named in Schedule A, that as disclosed by the Title Instruments, the ownership of and the defects, liens and encumbrances against the Interest in the Land are as shown in Schedule B.
Any claim or other notice to the Company shall be in writing and shall be addressed to the Company at the issuing office or to:
Commonwealth Land Title Insurance Company
Attn: Claims Administration
P.O. Box 45023, Jacksonville, Florida 32232-5023
THIS REPORT IS NOT VALID AND THE COMPANY SHALL HAVE NO LIABILITY HEREUNDER UNLESS THE
APPLICATION REFERRED TO ABOVE, OR COPY THEREOF, IS ATTACHED HERETO.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
Order No. 01969227-295-NA-QB2 Report No. AZ-FXDK-IMP-N/A-1-21-01969227
81069 Condition of Title Report (01/09/2014) Page 1
CONDITION OF TITLE REPORT
SCHEDULE A
Fee: $0.00 Liability: $5,000.00 Date of Report: July 28, 2021 at
1. Name of Party:
National Park Service
2. The Interest referred to in the Application is:
A FEE
3. The Land referred to in the Application is described as follows:
See Exhibit A attached hereto and made a part hereof.
81069 Condition of Title Report (01/09/2014) Page 2
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF NAVAJO, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
PARCEL NO. 1:
All of Sections 19, 20, 21, 23, 25, 26, 27, 29, 30, 31, 33 and 35; the East half of Section 28; the Northeast quarter and the South half of Section 32; and the North half of Section 34, all in Township 18 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona;
Those portions of Sections 13, 15 and 17, Township 18 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, lying South of the thread of the stream of the Rio Puerco River;
Section 18, Township 18 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona, Except the 200 foot right-of-way for the Atchison, Topeka and Santa Fe Railway Company, described by center line as follows:
Beginning at a point on the East line of Section 7 of said Township 18 North, Range 23 East, which is 67.3 feet North of the Northeast corner of said Section 18;
Thence on a tangent South 84 degrees 19 minutes West 4058.4 feet, said tangent intersecting the line between said Sections 7 and 18, a distance of 676.5 feet (676.3 feet record) West of the Northeast corner of said Section 18;
Thence from the Western end of said tangent, Southwesterly on a 2 degree curve concave to the Southeast, 576.5 feet;
Thence on a tangent South 72 degrees 45 minutes West, 701.5 feet to a point of ending on the West line of said Section 18, which is 662.5 feet South of the Northwest corner of said Section;
EXCEPT all oil and gas rights, petrified wood and geothermal resources whatsoever underlying or appurtenant to said land as reserved in Deed recorded in Docket 809, Page 953, records of Navajo County, Arizona.
PARCEL NO. 2:
All of Sections 1, 12, 13, 24 and that portion of Section 25, lying North of the North right-of-way line of Highway 180, all in Township 17 North, Range 22 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona;
EXCEPT all oil and gas rights, petrified wood and geothermal resources whatsoever underlying or appurtenant to said land as reserved in Deed recorded in Docket 809, Page 953, records of Navajo County, Arizona.
PARCEL NO. 3:
All of Sections 1, 3, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 18, 19, 21, 22, 23, 24, 25, 26 and 29, and that portion of Section 30 lying North of the North right-of-way of Old Highway 180, all in Township 17 North, Range 23 East of the Gila and Salt River Base and Meridian, Navajo County, Arizona;
EXCEPT all coal and other minerals as reserved in the Patent from the United States of America recorded in Patent Book 3, Page 88, records of Navajo County, Arizona, as to Section 10;
EXCEPT all coal and other minerals as reserved in the Patent from the United States of America recorded in Patent Book 2, Page 196, records of Navajo County, Arizona, as to the East half of Section 30; and
EXCEPT an undivided one-half interest in all oil, coal, gas and other minerals in or under the surface of the land as reserved in Deed recorded in Docket 435, page 681, records of Navajo County (Section 10, portion of Section 26 and Section 30); and
EXCEPT all oil and gas rights, petrified wood and geothermal resources whatsoever underlying or appurtenant to said land as reserved in Deed recorded in Docket 809, Page 953, records of Navajo County, Arizona.
https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/268946F9-15D5-4ED8-B3E1-E9678889A141 https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72
EXHIBIT A
(Continued)
81069 Condition of Title Report (01/09/2014) Page 3
PARCEL NO. 4:
The Northwest quarter of the Northwest quarter of Section 14, Township 18 North, Range 23 East, of the Gila and Salt River Base and Meridian, Navajo County, Arizona;
EXCEPT an undivided one-quarter interest in all oil, gas and minerals in, on or under the surface of said land, as reserved in deed recorded September 19, 1962, recorded in Docket 169, page 97;
EXCEPT an undivided one-half interest in all oil, coal, gas and other minerals in or under the surface of the land as reserved in Deed recorded in Docket 435, page 681, records of Navajo County; and
EXCEPT all oil and gas rights, petrified wood and geothermal resources whatsoever underlying or appurtenant to said land as reserved in Deed recorded in Docket 809, Page 953, records of Navajo County, Arizona.
PARCEL NO. 5:
All of Section 24, Township 18 North, Range 23 East, of the Gila and Salt River Base and Meridian, Navajo County, Arizona;
EXCEPT all oil, gas, coal and minerals whatsoever, as reserved in instrument recorded in Book 36 of Deeds, page 415, records of Navajo County, Arizona;
EXCEPT an undivided one-half interest in all oil, coal, gas and other minerals in or under the surface of the land as reserved in Deed recorded in Docket 435, page 681, records of Navajo County; and
EXCEPT all oil and gas rights, petrified wood and geothermal resources whatsoever underlying or appurtenant to said land as reserved in Deed recorded in Docket 809, Page 953, records of Navajo County, Arizona.
APN:
https://smartviewonline.net//root/Druid/73698CB1-0AFE-41E7-A1EA-1361DCD81910 https://smartviewonline.net//root/Druid/268946F9-15D5-4ED8-B3E1-E9678889A141 https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/268946F9-15D5-4ED8-B3E1-E9678889A141 https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/189A1DE5-0EF5-4E62-8D3D-D8DC72EA4B31
81069 Condition of Title Report (01/09/2014) Page 4
CONDITION OF TITLE REPORT
SCHEDULE B
Commonwealth Land Title Insurance Company reports that Title Instruments, on the date hereof, disclose:
1. Ownership of the Interest is in the name of:
Twin Buttes Ranch, LLC, an Arizona limited liability company
2. Real estate taxes:
Tax Note:
Year: 2020 Tax Parcel No: 106-01-002 Total Tax: $397.70 First Installment Amount: PAID Second Installment Amount: PAID (Parcel No. 1)
Tax Note:
Year: 2020 Tax Parcel No: 106-01-005 Total Tax: $25.64 First Installment Amount: PAID Second Installment Amount: PAID (Parcels 4 and 5)
Tax Note:
Year: 2020 Tax Parcel No: 106-01-019 Total Tax: $22.18 First Installment Amount: PAID Second Installment Amount: PAID (Section 13 of Parcel 1)
Tax Note:
Year: 2020 Tax Parcel No: 110-17-003 Total Tax: $101.74 First Installment Amount: PAID Second Installment Amount: PAID (Parcel No. 2)
Tax Note:
Year: 2020 Tax Parcel No: 110-18-001A Total Tax: $521.08 First Installment Amount: PAID Second Installment Amount: PAID https://smartviewonline.net//root/Druid/D517268B-ECD6-4AA8-BFED-BD6292D9AC6C https://smartviewonline.net//root/Druid/D517268B-ECD6-4AA8-BFED-BD6292D9AC6C https://smartviewonline.net//root/Druid/D517268B-ECD6-4AA8-BFED-BD6292D9AC6C https://smartviewonline.net//root/Druid/D517268B-ECD6-4AA8-BFED-BD6292D9AC6C https://smartviewonline.net//root/Druid/D517268B-ECD6-4AA8-BFED-BD6292D9AC6C https://smartviewonline.net//root/Druid/CFF67DE6-41B8-4421-918F-209979C76CE7
SCHEDULE B
(Continued)
81069 Condition of Title Report (01/09/2014) Page 5
(Parcel No. 3)
3. The following defects, liens and encumbrances (which are not necessarily shown in their order of priority) against the Interest:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the year 2021.
2. Liabilities and obligations imposed upon said Land by its inclusion within any district formed pursuant to Title 48, Arizona Revised Statutes.
3. RIGHT OF ENTRY to prospect for, mine and remove the minerals in said land as reserved in Patent to said land recorded in Patent Book 2, page 196.
(East half of Section 30 of Parcel No. 3)
4. RIGHT OF ENTRY to prospect for, mine and remove the minerals in said land as reserved in Patent to said land recorded in Patent Book 3, page 88.
(Section 10 of Parcel No. 3)
5. THE RIGHT OF ENTRY to prospect for, mine and remove the oil, coal, gas and other minerals in said land as set forth in instrument:
Recording No.: Book 36 of Deeds, page 415 (Parcel 5)
6. THE RIGHT OF ENTRY to prospect for, mine and remove the one-half of the oil, gas, coal and other minerals in said land as set forth in instrument:
Recording No.: Docket 169, page 97 (Parcel No.2)
7. THE RIGHT OF ENTRY to prospect for, mine and remove the one-half oil, coal, gas and other minerals in said land as set forth in instrument:
Recording No.: Docket 435, page 681 (Parcels 3 and 5; Section 10; portion of Section 26 and Section 30 of Parcel No. 3)
8. THE RIGHT OF ENTRY to prospect for, mine and remove the oil, gas, petrified wood and geothermal resources in said land as set forth in instrument:
Recording No. : Docket 809, page 953 (All parcels)
9. RESERVATIONS, exceptions, covenants, conditions and rights reserved or imposed in Deed from Santa Fe Pacific Railroad Company:
Recorded in Book 6 of Deeds (All parcels) https://smartviewonline.net//root/Druid/268946F9-15D5-4ED8-B3E1-E9678889A141 https://smartviewonline.net//root/Druid/1A3A2B52-7FE4-4DA2-B75F-395635B98D95 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/F0E63D85-2B87-4D93-A3DA-CF73BD518C72 https://smartviewonline.net//root/Druid/BB3F5488-7353-439D-B145-5DB470861E21 https://smartviewonline.net//root/Druid/189A1DE5-0EF5-4E62-8D3D-D8DC72EA4B31 https://smartviewonline.net//root/Druid/F644B47F-9CBC-4ADB-9580-8BEA059AA90A https://smartviewonline.net//root/Druid/F644B47F-9CBC-4ADB-9580-8BEA059AA90A
(Continued)
81069 Condition of Title Report (01/09/2014) Page 6
10. RESERVATIONS, exceptions, covenants, conditions and rights reserved or imposed in Deed from Santa Fe Pacific Railroad Company:
Recorded in Book 22 of Deeds (All parcels)
11. RESERVATIONS, exceptions, covenants, conditions and rights reserved or imposed in Deed from Santa Fe Pacific Railroad Company:
Recorded in Book 36 of Deeds (Parcel 5)
12. RIGHT OF WAY for telephone and telegraph purposes and Federal Highway as disclosed by Patent from the United States of America recorded in Patent Book 3, page 158 (Portions of Sections 12 and 24 of Parcel No. 2)
13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: telephone and telegraph line Recording No: NARE Book 5, page 189 (Section 35 of Parcel 1)
14. RIGHT OF WY for the Rio Puerco River (Parcels 1 and 4)
15. ANY AMBIGUITY in the legal description and such rights of parties as may exist by reason of the reference of record legal description to the thread of stream of the Rio Puerco River which has moved over time.
(Parcel No. 1)
16. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: communication lines Recording No: Docket 198, page 135 (Parcels 2 and 3)
17. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: ingress, egress and utilities Recording No: Docket 199, page 286 (Section 30 of Parcel 3)
18. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: utility lines Recording No: Docket 216, page 500 Recording No: Docket 1024, page 264 (Parcel No. 3)
19. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: telephone lines or system Recording No: Docket 406, page 188 https://smartviewonline.net//root/Druid/8E6435C7-5DD4-49FC-B907-08580AA76A9E https://smartviewonline.net//root/Druid/59156956-3007-4E73-B4E9-4FAB622CC410 https://smartviewonline.net//root/Druid/28B756CC-4F45-4AEE-A74B-71929BE72B23 https://smartviewonline.net//root/Druid/45E43FC8-278E-4087-9206-803B9358EB79 https://smartviewonline.net//root/Druid/EF20D473-8371-42A3-A40E-77D610F37E64 https://smartviewonline.net//root/Druid/896052F9-8F01-49A5-A9B0-F7BEC475816F https://smartviewonline.net//root/Druid/896052F9-8F01-49A5-A9B0-F7BEC475816F https://smartviewonline.net//root/Druid/0FE457B0-05A3-4EF8-BA77-0418FA5BCEDC https://smartviewonline.net//root/Druid/896052F9-8F01-49A5-A9B0-F7BEC475816F https://smartviewonline.net//root/Druid/896052F9-8F01-49A5-A9B0-F7BEC475816F https://smartviewonline.net//root/Druid/0FE457B0-05A3-4EF8-BA77-0418FA5BCEDC https://smartviewonline.net//root/Druid/3A83583B-235C-4B5A-87A2-4FED30924BF9 https://smartviewonline.net//root/Druid/3A83583B-235C-4B5A-87A2-4FED30924BF9
(Continued)
81069 Condition of Title Report (01/09/2014) Page 7
(Section 30 of Parcel No. 3)
20. UNRECORDED OIL AND GAS LEASE, for the term stated therein and so long thereafter as oil or gas is produced from said land or other land with which said land is pooled:
Date: May 31, 1981 Lessor: New Mexico and Arizona Land Company Lessee: High Plains Petroleum Corporation As disclosed by: Assignment Recording date: December 24, 1981 Recording No.: Docket 649, page 907
Thereafter Correction recorded in Docket 659, page 343, Ratification recorded in Docket 689, page 542 and Assignment recorded in Docket 726, page 982.
21. Matters contained in that certain document
Entitled: Easements Recording Date: May 10, 2004 Recording No: 2004-10228 (Parcel No. 3)
Reference is hereby made to said document for full particulars.
22. Matters shown on record of survey:
Recording No.: Book 11 of Maps, page 33 Recording No.: Book 1 of Surveys, page 72 (Parcel No. 1)
23. Matters shown on record of survey:
Recording No.: Book 1 of Surveys, page 56 Recording No.: Book 11 of Surveys, page 97 (Portions of Parcel No. 1)
24. Matters shown on record of survey:
Recording No.: Book 1 of Surveys, page 54 (Parcel No. 1)
25. Notwithstanding the insuring clauses of the policy, the company does not insure against loss or damage by reason of a lack of a right of access to and from the land.
(Sections 7, 9, 11, 15 and that portion of Section 18, lying North of the AT & SF Railroad all in Parcel No. 1) (Section 1 of Parcel No. 3) (Parcel No. 4) https://smartviewonline.net//root/Druid/66DA8886-B43A-4F5C-89F9-6B37F95F9FCF https://smartviewonline.net//root/Druid/9D06E626-C687-4B28-869B-54B4A0A46240 https://smartviewonline.net//root/Druid/9D06E626-C687-4B28-869B-54B4A0A46240 https://smartviewonline.net//root/Druid/C47D5A58-F01F-4886-8F4E-7CBB3B676E98 https://smartviewonline.net//root/Druid/072B8993-5AA9-4B32-84AA-A1E652160612 https://smartviewonline.net//root/Druid/E821BE3D-575B-4F02-844D-8BD5429BC94D https://smartviewonline.net//root/Druid/E821BE3D-575B-4F02-844D-8BD5429BC94D https://smartviewonline.net//root/Druid/E821BE3D-575B-4F02-844D-8BD5429BC94D https://smartviewonline.net//root/Druid/4D901775-1B3D-4500-92A7-9628C95DEF65 https://smartviewonline.net//root/Druid/52D66285-BA8F-4F55-A2E5-089A14C4639F https://smartviewonline.net//root/Druid/1957B83E-9120-4EC1-BA52-435B4ED7B355 https://smartviewonline.net//root/Druid/24B33808-24AF-4C23-8076-B1FDD06D4FC8 https://smartviewonline.net//root/Druid/F0CADA36-7C8B-4DF3-AF15-580410EB2BC4
(Continued)
81069 Condition of Title Report (01/09/2014) Page 8
4. The following matters are disclosed by name only and the Company, without additional information, is unable to determine whether any or all of these matters are defects, liens or encumbrances against the Interest:
NONE
81069 Condition of Title Report (01/09/2014) Page 9
APPLICATION FOR THE ISSUANCE OF CONDITION OF TITLE REPORT
Applicant is in the process of investigating the Ownership of and defects, liens and encumbrances against an Interest in Land.
As a component of that investigation, Applicant hereby requests the Company to furnish Applicant with a Report based upon the hereinafter defined Title Instruments, which Report will disclose the Ownership of and defects, liens and encumbrances against the hereinafter identified Interest in the hereinafter described Land. Applicant does not at this time need nor desire the benefit or protection afforded by a Policy of Title Insurance. The Report provided will be solely for the purpose of facilitating Applicant’s investigation and for the sole use and benefit of Applicant and may not be used or relied upon by any other party.
1. The following terms when used in the Application and the Report shall mean:
a. Applicant – The party or parties who have executed this Application and who are named in the Report.
b. Company – The Title Insurance Company making the Report.
c. Report – Condition of Title Report.
d. Land – The real property described in the Application.
e. Interest – The Estate in the Land described on the Application.
f. Ownership – The Vesting of title to the Interest identified in the Application.
g. Title Instruments:
1. Documents recorded in the Office of the County Recorder of the County in which the land is located reviewed by the Company to facilitate the Company’s issuance of title insurance policies excluding therefrom, however, any documents pertaining to (a) unpatented mining claims, (b) patents, (c) water rights, claims or title to water, (d) the lease, grant, exception or reservation of minerals or mineral rights.
2. Documents, obtained by the Company to facilitate the issuance of title insurance policies, relating to the payment of Real Estate Taxes levied on the Interest in the Land excluding therefrom, however, any special assessments which are not collected by the Tax Collector for the County in which the Land is located.
2. The Land is described as follows:
See Exhibit A attached hereto and made a part hereof.
3. The Interest in the Land is a:
� a. Fee
� b. Leasehold created by .
� c. Other .
4. Applicant specifically instructs the Company to set forth in the Report only the Ownership of and defects, liens and encumbrances against the Interest in the Land as disclosed by the Title Instruments. Applicant understands that during the course of preparing the Report, the Company may become aware of other matters pertaining to the Land or other Interests therein. Even if the company knows or would have reason to know Applicant may have an interest in these other matters, Applicant imposes no duty or responsibility on the Company to disclose those matters to Applicant either through the Report or otherwise.
5. BY THE EXECUTION AND SUBMISSION OF THIS APPLICATION TO THE COMPANY, APPLICANT
ACKNOWLEDGES AND AGREES:
a. That the Company’s sole obligation under the Report, and this Application, shall be to set forth the Ownership of and defects, liens and encumbrances against the Interest in the Land as disclosed by the Title Instruments.
b. That the Company shall not be obligated under this Report to pay costs, attorneys’ fees, or expenses incurred in any action, proceeding, or other claim brought against Applicant.
c. That the Report is not an abstract of title, title opinion, preliminary report or commitment to issue title insurance.
81069 Condition of Title Report (01/09/2014) Page 10
d. That the Company’s liability under the Report for an error or omission is, as stated below, limited and that if Applicant desires that the Company assume additional liability, a Policy of Title Insurance, Binder, Commitment, or Guarantee should be requested.
e. That Applicant shall have no right of action against the Company, whether or not based on negligence, except under the terms and provisions of, and subject to all limitations of this Application and the Report.
f. That the Report is not valid and the Company shall have no liability thereunder unless this Application is attached thereto.
LIMITATION OF LIABILITY
APPLICANT RECOGNIZES THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN THE REPORT. APPLICANT RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS. THEREFORE, APPLICANT UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT UNLESS THE COMPANY’S LIABILITY IS STRICTLY LIMITED. APPLICANT AGREES WITH THE
PROPRIETY OF THIS LIMITATION AND AGREES TO BE BOUND BY ITS TERMS.
THIS LIMITATION IS AS FOLLOWS:
APPLICANT AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT, THAT THE COMPANY SHALL BE LIABLE TO APPLICANT UNDER THIS REPORT SOLELY BY REASON OF AN ERROR OR OMISSION BY THE COMPANY IN FAILING TO SET FORTH THE OWNERSHIP OF AND DEFECTS, LIENS AND ENCUMBRANCES AGAINST THE INTEREST IN THE LAND AS DISCLOSED BY THE TITLE INSTRUMENTS, WHICH ERROR OR OMISSION BY THE COMPANY HAS CAUSED LOSS TO THE APPLICANT; AND THEN THE LIABILITY SHALL BE A ONE-TIME PAYMENT TO APPLICANT OF FIVE THOUSAND DOLLARS ($5,000.00).
ACCORDINGLY, APPLICANT REQUESTS THAT THE REPORT BE ISSUED WITH THIS LIMITATION AS A PART OF THE CONSIDERATION THAT APPLICANT GIVES THE COMPANY TO PREPARE AND ISSUE THE REPORT.
APPLICANT CERTIFIES THAT HE HAS READ AND UNDERSTOOD ALL OF THE TERMS, LIMITATIONS AND
CONDITIONS OF THIS APPLICATION.
EXECUTED THIS day of , .
(This Application must be signed by the Applicant or an agent representing the Applicant.)
APPLICANT: MAILING ADDRESS:
Print or Type Name
Signature Telephone
AGENT FOR
APPLICANT:
MAILING ADDRESS:
Print or Type Name
Signature Telephone
File details come from the government source that posted it. Updated .