SAGU_02-216_Tittle_Commitment_0001.pdf

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SAGU 02-216 & 02-217 SURVEYS
Solicitation number
140P2126Q0056
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This is an ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company for property located at 7094 W. El Camino Del Cerro, Tucson, AZ 85745-9338. The commitment, dated August 15, 2024, commits to issue two title insurance policies: an ALTA U.S. Policy 2012 for the United States of America for $10,000.00 coverage (Fee Simple for Parcels 1 and 2; Easement for Parcel 3), and an ALTA Standard Loan Policy for $5,000.00 coverage for a lender with contractual obligations under a loan agreement. The property is currently vested in Pima County, a political subdivision of the State of Arizona. All Schedule B, Part I Requirements must be met within 180 days of the commitment date, including payment of agreed amounts, policy premiums and fees, execution and recording of proper conveyance documents, proof of current tax payment, confirmation of no open deeds of trust or mortgages via owner's affidavit, municipal council approval from Pima County, recording of a Warranty Deed from Pima County to the United States of America, and recording of a Deed of Trust for $5,000.00 securing the lender's indebtedness.

Schedule B, Part II lists 18 exceptions from coverage, including property taxes not yet due for 2024, liabilities from district inclusions, reservations from original U.S. Patent grants relating to water rights and ditches, multiple easements for telephone and telegraph lines (1941 and 1955), water agreements, reciprocal easement agreements, general plan covenants and restrictions, electric line easements, Pima County resolutions and ordinances, easement and maintenance agreements, and various MSCP mitigation land covenants and agreements recorded between 2016 and 2020. The document includes standard ALTA policy exclusions from coverage regarding governmental regulations, eminent domain, defects known to the insured but not disclosed, bankruptcy matters, tax liens, and survey discrepancies. The issuing agent is Fidelity National Title Agency Inc. located in Tucson, with Title Officer Tonya Christner and Escrow Officer Barbara Stewart as primary contacts.

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Fidelity National Title - Pima

Commitment

Fidelity National Title - Pima File No.: FP50240804

Property Address: 7094 W. El Camino Del Cerro, Tucson, AZ 85745-9338

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Effortless, Efficient, Compliant, and Accessible https://livelook.fnf.com/Summary/44b90d9a-d3eb-418c-b198-f82a18bd5478 https://livelook.fnf.com/Summary/44b90d9a-d3eb-418c-b198-f82a18bd5478

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 1 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

ALTA COMMITMENT FOR TITLE INSURANCE

Commitment Number:

issued by:

FP50240804

NOTICE

IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE

CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.

THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.

THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.

THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY

OTHER PERSON.

COMMITMENT TO ISSUE POLICY

Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured.

If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end.

Fidelity National Title Insurance Company By:

Countersigned By:

Eric Schroeder Authorized Officer or Agent

Michael J. Nolan, President Attest:

Marjorie Nemzura, Secretary

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 2 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. FP50240804

Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.:

ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT:

Title Officer: Tonya Christner

Fidelity National Title Agency Inc.

6245 E. Broadway Blvd, Suite 180

Tucson, AZ 85711

Escrow Officer: Barbara Stewart BAStewart@fnf.com

Fidelity National Title Agency Inc.

6245 E. Broadway Blvd, Suite 180

Tucson, AZ 85711 Main Phone: (520)290-6227 Main Fax: (520)290-3884

Order Number: FP50240804 Loan Number:

Property Address: 7094 W. El Camino Del Cerro, Tucson, AZ 85745-9338

SCHEDULE A

1. Commitment Date: August 15, 2024 at 07:30 AM

2. Policy to be issued:

(a) ALTA U.S. Policy 2012 Proposed Insured: United States of America Proposed Amount of Insurance: $10,000.00 The estate or interest to be insured: Fee Simple as to Parcel 1 and 2; Easement as to Parcel 3

(b) ALTA Standard Loan Policy Proposed Insured: Lender with contractual obligations under a loan agreement with either the vested owner identified at item 4 below or the proposed insured owner identified at item 2(a)

Proposed Amount of Insurance: $5,000.00 The estate or interest to be insured: Fee Simple as to Parcel 1 and 2; Easement as to Parcel 3

3. The estate or interest in the Land at the Commitment Date is:

Fee Simple as to Parcel 1 and 2; Easement as to Parcel 3

4. The Title is, at the Commitment Date, vested in:

Pima County, a political subdivision of the State of Arizona

5. The Land is described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF

END OF SCHEDULE A

https://www.smartviewonline.net/root/Druid/02C08701-767A-4071-97ED-F928A0D2463F mllandis Sticky Note Parcel 3 easement requires new tract number and MLC record

EXHIBIT "A"

Legal Description

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 3 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

For APN/Parcel ID(s): 214-38-001B

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIMA, STATE OF ARIZONA AND IS

DESCRIBED AS FOLLOWS:

Parcel 1:

The Northwest quarter of the Northeast quarter of Section 21, Township 13 South, Range 12 East of the Gila and Salt River Meridian, Pima County, Arizona;

Except that portion conveyed in Docket 5396, Page 690 and as drawn on survey recorded in Book 26 of Surveys, Page 48.

Parcel 2:

The Northeast quarter of the Northeast quarter of Section 21, Township 13 South, Range 12 East of the Gila and Salt River Base and Meridian, Pima County, Arizona;

Except a portion of the Northeast quarter of Section 21, Township 13 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows:

Commencing the North quarter corner of said Section 21, monumented by a found one-and one-half inch aluminum capped rebar stamped “SETTLEMEYER RLS 7599". from which the Northeast corner of said Section 21, monumented by a found stone, bears North 89° 30’ 04” East, 2,646.04 feet; said line being the basis of bearing for this legal description as established from the Arizona Coordinate System, 1983 (HARN 92), Central Zone 0202;

Thence South 00° 35’ 09” East, 1,050.02 feet along the West line of the Northeast quarter of said Section 21, said line also being the West line of that parcel described in Docket 13110, Page 4612, records of Pima County, Arizona, to the Southwest corner of said parcel monumented by a found one-and one-half inch aluminum capped rebar stamped

“SETTLEMEYER PT D RLS 7599”;

Thence North 89° 29’ 44” East, 1,321.02 feet to a Southerly corner of said parcel, monumented by a found one-and-one-half inch aluminum capped rebar stamped “RLS 7599 PT C SETTLEMEYER”, said point also being the point og beginning;

Thence North 14° 04’ 43” East, 1,002.15 feet;

Thence North 89° 30’ 04” East, along a line 80 feet South of and parallel to the North line of the Northeast quarter of said Section 21, a distance of 672.20 feet;

Thence South 00° 23’ 05” East, along a line parallel to the East line of the Northeast quarter of said Section 21, a distance of 255.26 feet;

Thence South 89° 30’ 04” West, 348.00 feet;

Thence South 34° 14’ 26” West, 236.63 feet;

Thence South 14° 04’ 43” West, 814.00 feet to a point on the South line of said parcel;

https://www.smartviewonline.net/root/Druid/5EE19EAA-BEEC-4A5B-9204-2DD385076E2C https://www.smartviewonline.net/root/Druid/2ECE71BF-D6E2-4E3B-8E35-48DA20B6A3DF https://www.smartviewonline.net/root/Druid/AB93BDD5-A215-49E2-A706-564E82373686 https://www.smartviewonline.net/root/Druid/AB93BDD5-A215-49E2-A706-564E82373686 https://www.smartviewonline.net/root/Druid/1DC58921-0EDE-4360-A71A-0CA59F37987E https://www.smartviewonline.net/root/Druid/1DC58921-0EDE-4360-A71A-0CA59F37987E https://www.smartviewonline.net/root/Druid/1DC58921-0EDE-4360-A71A-0CA59F37987E https://www.smartviewonline.net/root/Druid/1DC58921-0EDE-4360-A71A-0CA59F37987E mllandis Sticky Note Illegible mllandis Highlight mllandis Sticky Note B26 P28 - this exception is not within the description of Parcel 1. It should be removed.

mllandis Highlight mllandis Sticky Note Good description for Parcel 2. Spelling error highlighted.

mllandis Highlight

EXHIBIT "A"

Legal Description

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 4 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

Thence South 89° 26’ 40” West, 236.51 feet to a Southerly corner of said parcel, monumented by a found one-and-one-half inch rebar untagged;

Thence North 00° 25’ 59” West, 267.85 feet to the point of beginning;

Parcel 3:

A 30.00 foot wide ingress, egress and utility easement:

Beginning at the above described point of beginning;

Thence South 00° 25’ 59” East, 267.85 feet;

Thence North 89° 26’ 40” East, 236.51 feet;

Thence North 14° 04’ 43” East, 31.01 feet;

Thence South 89° 26’ 40” West, 214.28 feet;

Thence North 00° 25’ 59” West, 237.82 feet;

Thence South 89° 29’ 44” West, 30.00 feet to the point of beginning.

mllandis

Easement needs new tract number

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 5 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. FP50240804

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. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

6. Compliance with Company policies relating to absentee owners, if applicable.

7. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured.

8. The Proposed Policy Amount(s) must be increased to the full value of the estate or interest being insured, and any additional premium must be paid at that time. An Owner’s policy should reflect the purchase price or full value of the Land. A Loan Policy should reflect the loan amount or value of the property as collateral. Proposed Policy Amount(s) will be revised and premiums charged consistent therewith when the final amounts are approved.

9. Furnish proof that any outstanding municipal and/or county tax assessments which are due have been paid current.

10. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.

Upon confirmation by the owner of no open Deeds of Trust or Mortgages encumbering the Land described herein, furnish the Company an owner’s Affidavit of no open Deed of Trust(s).

11. Furnish from the municipal council of Pima County, a political subdivision of the State of Arizona, approval of the transaction contemplated herein.

FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. FP50240804

SCHEDULE B, PART I - Requirements (continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 6 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

12. Furnish for recordation a deed as set forth below:

Type of deed: Warranty Deed Grantor(s): Pima County, a political subdivision of the State of Arizona Grantee(s): United States of America

Note: ARS 11:1133 may require the completion and filing of an Affidavit of Value.

13. Furnish for recordation a deed of trust, securing an indebtedness, Executed by: United States of America Beneficiary: Lender with contractual obligations under a loan agreement with either the vested owner or the proposed insured owner Amount: $5,000.00

Tax Note:

Year: 2023 Tax Parcel No: 214-38-001B Total Tax: $ Exempt

Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of a Company agent, an authorized employee of the insured lender, or by using Bancserv or other Company-approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report.

END OF SCHEDULE B, PART I

https://www.smartviewonline.net/root/Druid/8218AA85-7CD6-4128-AC7D-58A86774D988 https://www.smartviewonline.net/root/Druid/8218AA85-7CD6-4128-AC7D-58A86774D988

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 7 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

FIDELITY NATIONAL TITLE INSURANCE COMPANY COMMITMENT NO. FP50240804

SCHEDULE B, PART II - Exceptions

Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage.

The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:

A. 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.

1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the year 2024.

2. Liabilities and obligations imposed upon said Land by its inclusion within any district formed pursuant to Title 48, Arizona Revised Statutes.

3. Reservations contained in the Patent

From: The United States of America Recording Date: September 11, 1936 Recording No: Book 196 of Deeds, Page 176 and Recording Date:October 25, 1957 and Recording No: Docket 1190, Page 202

Which among other things recites as follows:

Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States.

4. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: lines of telephone and telegraph Recording Date: November 14, 1941 Recording No: Book 74 of Miscellaneous Record, Page 637

5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: lines of telephone and telegraph Recording Date: March 10, 1955 Recording No: Docket 814, Page 507 https://www.smartviewonline.net/root/Druid/B570C308-5CCD-4E4A-BD33-DA2FE17A22A3 https://www.smartviewonline.net/root/Druid/2D4A39A9-2A95-4BD9-A76B-D24E837CF356 https://www.smartviewonline.net/root/Druid/3DE46627-9274-464B-8859-25E6C610C07E https://www.smartviewonline.net/root/Druid/3DE46627-9274-464B-8859-25E6C610C07E mllandis Sticky Note Confirmed this patent includes trat 02-216 (B196 P176 is illegible but D1190 P202 confirms the location) mllandis Highlight mllandis Sticky Note Recording not found in Pima County records mllandis

Confirmed this easement includes trat 21-216. Mountain State Telephone no longer exists so unclear if easement is still valid with an existing phone company.

SCHEDULE B, PART II - Exceptions (continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 8 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

6. Matters contained in that certain document

Entitled: Water Agreement Recording Date: June 18, 1971 Recording No: Docket 4020, Page 209

Reference is hereby made to said document for full particulars.

7. Matters contained in that certain document

Entitled: Reciprocal Easement Agreement Recording Date: December 26, 1975 Recording No: Docket 5172, Page 361

Reference is hereby made to said document for full particulars.

8. General plan covenants, conditions and restrictions, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, gender, gender identity, gender expression, medical condition, or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, contained in deeds of other lots in said tract, an example of which can be found in the deed:

Recording Date: June 11, 1979 Recording No: Docket 6046, Page 122

9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: electric lines Recording Date: September 29, 1987 Recording No: Docket 8130, Page 1744

10. A resolution in favor of Pima County

For: Resolution No. 1992-235 Recording Date: December 10, 1992 Recording No: Docket 9435, Page 536 https://www.smartviewonline.net/root/Druid/4BE19FD6-CD53-4898-B91A-13DAE21689A7 https://www.smartviewonline.net/root/Druid/AE44D15C-39D3-4E6A-9A24-AA94A8B0555E https://www.smartviewonline.net/root/Druid/0A44B20D-EF59-464B-80C9-BD5D67B438E7 https://www.smartviewonline.net/root/Druid/62391DA3-028D-4718-8190-3622924DC083 https://www.smartviewonline.net/root/Druid/17C74EB0-FD9D-408D-BAF6-5601953477B7 mllandis Sticky Note Confirmed this agreement pertains to tract 02-216.

mllandis Highlight mllandis Highlight mllandis Sticky Note This item does not pertain to the tract and should be removed.

mllandis Sticky Note Confirmed this item covers tract 02-216 mllandis Sticky Note Confirmed the electric line easement crosses Parcel 3 as described in Schedule A.

mllandis

Trailhead agreement. Trailhead is not within tract 02-216. This item should be removed.

(continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 9 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

11. Matters contained in that certain document

Entitled: Easement and Maintenance Agreement Recording Date: September 15, 1997 Recording No: Docket 10630, Page 2983 and Re-Recording Date: October 7, 1997 and Re-Recording No: Docket 10646, Page 2344

Reference is hereby made to said document for full particulars.

12. A ordinance in favor of Pima County

For: Ordinance No. 1999-45 Recording Date: June 9, 1999 Recording No: Docket 11064, Page 925

13. General plan covenants, conditions and restrictions, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, gender, gender identity, gender expression, medical condition, or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, contained in deeds of other lots in said tract, an example of which can be found in the deed:

Recording Date: August 2, 2007 Recording No: Docket 13110, Page 4612 and Recording Date: August 13, 2008 and Recording No: Docket 13369, Page 3516

14. Matters shown on record of survey:

Recording Date: August 2, 2008 Recording No.: Docket 13110, Page 4612 and Recording Date: August 13, 2008 and Recording No: Docket 13369, Page 3516 https://www.smartviewonline.net/root/Druid/6A7D2835-2561-46A8-88CE-30977CCCCA34 https://www.smartviewonline.net/root/Druid/E4A30C38-BB4E-4CCF-BAD2-CEE0B1AF2AC5 https://www.smartviewonline.net/root/Druid/649D4F19-B0FC-42EF-A69E-CFE108311CF9 https://www.smartviewonline.net/root/Druid/2ECE71BF-D6E2-4E3B-8E35-48DA20B6A3DF https://www.smartviewonline.net/root/Druid/8EDA0C50-3BA2-48C6-8741-7E36701BA3BD https://www.smartviewonline.net/root/Druid/2ECE71BF-D6E2-4E3B-8E35-48DA20B6A3DF https://www.smartviewonline.net/root/Druid/8EDA0C50-3BA2-48C6-8741-7E36701BA3BD mllandis Sticky Note Easement overlaps with access easement described as Parcel 3 in Schedule A.

mllandis Sticky Note Ordinance pertains to Camino del Cerro Rd, which is not in the tract. Item can be removed.

mllandis Sticky Note Confirmed special warranty deed does pertain to the tract.

mllandis

Survey. No concerns.

(continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 10 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

15. Matters contained in that certain document

Entitled: Notice of Designation of Third Party to Enforce Terms of Deed Restrictions Recording Date: July 15, 2009 Recording No: Docket 13600, Page 3956

Reference is hereby made to said document for full particulars.

16. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:

Purpose: ingress, egress and utilities Recording Date: July 15, 2009 Recording No: Docket 13600, Page 3961

17. Matters contained in that certain document

Entitled: Affidavit of Disclosure Recording Date: July 15, 2009 Recording No: Docket 13600, Page 3986

Reference is hereby made to said document for full particulars.

18. Matters contained in that certain document

Entitled: Master Restrictive Covenant for Pima County MSCP Mitigation Land Recording Date: November 8, 2016 Recording No: 20163130354 and thereafter Site-specific Agreement to Mater Restricitve Covenant (Pima County MSCP Mitigation Land)

Recording Date: May 2, 2017 Recording No: 20171220578 and thereafter Partial Release of certain Real Property from the Site-specific Agreement to Mater Restricitve Covenant (a portion of Pima County MSCP Mitigation Land)

Recording Date: May 18, 2018 Recording No: 20181380925 and thereafter Amendment to County MSCP Master Covenant

Recording Date: March 7, 2019 Recording No: 20190660392 https://www.smartviewonline.net/root/Druid/B091E626-F0A1-4847-9DD5-E0EFAB46E5D4 https://www.smartviewonline.net/root/Druid/EB2BD938-DC56-4237-B4F5-107124744BD2 https://www.smartviewonline.net/root/Druid/E47BD178-5837-4C5B-B5F1-8EEC300D64D6 https://www.smartviewonline.net/root/Druid/E47BD178-5837-4C5B-B5F1-8EEC300D64D6 https://www.smartviewonline.net/root/Druid/07EC9D25-06EB-4C4D-9AC4-69F944B30194 https://www.smartviewonline.net/root/Druid/07EC9D25-06EB-4C4D-9AC4-69F944B30194 https://www.smartviewonline.net/root/Druid/71D9A1C0-5E06-4ACC-B78F-28CC88DF2BE4 https://www.smartviewonline.net/root/Druid/71D9A1C0-5E06-4ACC-B78F-28CC88DF2BE4 https://www.smartviewonline.net/root/Druid/E2785D2C-FAEF-4633-A2EA-8576AF87F7A1 https://www.smartviewonline.net/root/Druid/E2785D2C-FAEF-4633-A2EA-8576AF87F7A1 mllandis Sticky Note Ordinance related to deed restrictions. Includes Parcel 3.

mllandis Sticky Note Easement pertains to Parcel 3.

mllandis Sticky Note Affidavit pertains to Parcel 3.

mllandis

Confirmed master covenant applies to tract (p. 42, Exhibit C Malcolmson Donation)

(continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 11 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804 and thereafter Release of Easement

Recording Date: April 9, 2019 Recording No: 20190990166 and thereafter Amendment No. 2 to County MSCP Mitigation Land Master Covenant and Site Specific Agreement

Recording Date: December 21, 2020 Recording No: 20203560399 and thereafter Declaration of Scrivener's Error

Recording Date: December 21, 2020 Recording No: 20203560395

END OF SCHEDULE B, PART II

https://www.smartviewonline.net/root/Druid/C6F48E76-E54B-4660-9225-F5EEF8354D99 https://www.smartviewonline.net/root/Druid/C6F48E76-E54B-4660-9225-F5EEF8354D99 https://www.smartviewonline.net/root/Druid/62326DD0-1847-422F-9D12-0CDA0D2F56ED https://www.smartviewonline.net/root/Druid/62326DD0-1847-422F-9D12-0CDA0D2F56ED https://www.smartviewonline.net/root/Druid/6C72ED2A-22D4-4042-850B-0CCCF37B4AA9 https://www.smartviewonline.net/root/Druid/6C72ED2A-22D4-4042-850B-0CCCF37B4AA9

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 12 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

COMMITMENT CONDITIONS

1. DEFINITIONS

a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class.

b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records.

c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term

"Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.

d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law.

e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment.

f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment.

g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.

h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters.

i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.

j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.

2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end.

3. The Company's liability and obligation is limited by and this Commitment is not valid without:

a. the Notice;

b. the Commitment to Issue Policy;

c. the Commitment Conditions;

d. Schedule A;

e. Schedule B, Part I-Requirements;

f. Schedule B, Part II-Exceptions; and

g. a counter-signature by the Company or its issuing agent that may be in electronic form.

4. COMPANY'S RIGHT TO AMEND

The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment.

5. LIMITATIONS OF LIABILITY

a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the

Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to:

i. comply with the Schedule B, Part I-Requirements;

ii. eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or

iii. acquire the Title or create the Mortgage covered by this Commitment.

b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.

c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.

d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.

(continued)

This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Fidelity 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 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.

ALTA Commitment for Title Insurance (07/01/2021) Printed: 08.29.24 @ 09:06 AM

Page 13 AZ-FT-FCOP-01406.042050-SPS-1-24-FP50240804

e. The Company is not liable for the content of the Transaction Identification Data, if any.

f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company.

g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured.

6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM

a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.

b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this

Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.

c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.

d. The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.

e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.

f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy.

7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT

The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose.

8. PRO-FORMA POLICY

The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.

9. CLAIMS PROCEDURES

This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.

10. CLASS ACTION

ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.

11. ARBITRATION

The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is Two Million And No/100 Dollars ($2,000,000.00) or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.

END OF CONDITIONS

http://www.alta.org/arbitration

Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 FP50240804-BS - WIRE0016 (DSI Rev. 12/07/17)

TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved

WIRE FRAUD ALERT

This Notice is not intended to provide legal or professional advice.

If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.

NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.

ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.

USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.

USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire-fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:

http://www.fbi.gov http://www.ic3.gov http://www.fbi.gov http://www.ic3.gov

Privacy Statement Printed: 08.29.24 @ 09:08 AM by SSCORPD0911.doc Page 1 AZ-FT-FCOP-01406.042050-FP50240804

FIDELITY NATIONAL FINANCIAL

PRIVACY NOTICE

Effective July 1, 2024

Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply.

Collection of Personal Information FNF may collect the following categories of Personal Information:

contact information (e.g., name, address, phone number, email address);

demographic information (e.g., date of birth, gender, marital status);

identity information (e.g. Social Security Number, driver's license, passport, or other government ID number);

financial account information (e.g. loan or bank account information);

biometric data (e.g. fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics, and other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:

information we receive from you or your agent;

information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device:

Internet Protocol (IP) address and operating system;

browser version, language, and type;

domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive.

Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser.

SSCORPD0911.doc Page 2 AZ-FT-FCOP-01406.042050-FP50240804

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information FNF uses Personal Information for these main purposes:

To provide products and services to you or in connection with a transaction involving you.

To improve our products and services.

To prevent and detect fraud;

To maintain the security of our systems, tools, accounts, and applications;

To verify and authenticate identities and credentials;

To communicate with you about our, our affiliates', and others' products and services, jointly or independently.

To provide reviews and testimonials about our services, with your consent.

When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances:

to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;

to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions;

to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;

to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .