Attachment F - Title Commitment TCF_Kelley 2316-2.pdf
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CM-27 MO ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (Adopted 08-01-2016; Technical Corrections 04-02- 18)-Mod-NON ARB (WLTIC Edition 05/10/18)
WESTCOR LAND TITLE INSURANCE COMPANY
ALTA Commitment For Title Insurance
(Adopted 08-01-2016; Technical Corrections 04-02-18)
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A.
Issued By:
Amy Isaacson Meridian Title Company 1334 E Republic Road Springfield, MO 65804
(417) 886-4400
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II- Exceptions; and signed 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.
This page is only a part of a 2016 ALTA ®Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II- Exceptions; and signed by the Company or its issuing agent that may be in electronic form.
CM-27 MO ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (Adopted 08-01-2016; Technical Corrections 04-02-18)- Mod-NON ARB (WLTIC Edition 05/10/18)
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I—Requirements; and
(f) Schedule B, Part II—Exceptions; and
(g) signed by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I—Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA ®Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II- Exceptions; and signed by the Company or its issuing agent that may be in electronic form.
CM-27 MO ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (Adopted 08-01-2016; Technical Corrections 04-02-18)- Mod-NON ARB (WLTIC Edition 05/10/18)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. INTENTIONALLY OMITTED
ALTA COMMITMENT FOR TITLE INSURANCE
(with Kansas and Missouri Modifications Adopted 08-01-2016; Technical Corrections 04-02-18)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and signed 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.
CM-27S MO / ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (08-01-2016; Tech. Correct. 04-02-18)-Mod NON ARB Schedules (WLTIC Edition (05/10/18)
Transaction Identification Data for reference only:
Issuing Agent: Meridian Title Company
Issuing Office: 1334 E Republic Road, Springfield, MO 65804
Issuing Offices ALTA® Registry ID: 1026728
Loan ID Number:
Commitment Number: MTC-2021-5009707-1
Issuing Office File Number: MTC-2021-5009707
Property Address: TBD, Unknown, MO 00000
Revision Number: 1
SCHEDULE A
1. Commitment Date:
12/16/2021 at 8:00 AM
2. Policy to be issued:
a. ALTA U.S. Owner's Policy 9/28/91 (revised 12/3/12) Proposed Insured: United States of America Proposed Policy Amount: $1,400,000.00
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:
The Conservation Fund
5. The Land is described as follows:
Property description set forth in Exhibit A attached hereto and made a part hereof.
Issued By:
Authorized Signatory
(with Kansas and Missouri Modifications Adopted 08-01-2016; Technical Corrections 04-02-18)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and signed 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.
CM-27S MO / ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (08-01-2016; Tech. Correct. 04-02-18)-Mod NON ARB Schedules (WLTIC Edition (05/10/18)
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. Due to potential inaccuracies in court data provided through Missouri Case.net, we are unable to provide a complete judgment search on the subject property and the proposed sellers and buyers. All Commitments dated after December 16, 2021, must be updated prior to closing. This agent reserves the right to make additional requirements.
6. This agent requires a Corporate Resolution, Articles of Organization and a Certificate of Good Standing for the proposed incorporated seller.
7. All seller documents must be signed by authorized signer for The Conservation Fund.
8. All buyer documents must be signed by authorized signer for United States of America.
Duly authorized and executed Deed from The Conservation Fund, to United States of America, to be executed and recorded at closing.
9. This Company finds no open Deeds of Trust of record. If there are any liens, recorded or unrecorded, please notify us immediately. We reserve the right to make additional requirements and/or exceptions upon review of any documentation provided.
10. Payment of all real estate taxes through and including those for the year 2021.
The following is provided for informational purposes only:
Current Tax Status: PAID Tax Year: 2021 Tax ID: 07-0.4-19-000-000-0001.000 OZARK COUNTY Tax Amount: $23.48 Delinquent taxes, if any: NONE Taxes for the year 2022 are neither due nor payable.
(with Kansas and Missouri Modifications Adopted 08-01-2016; Technical Corrections 04-02-18)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and signed 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.
CM-27S MO / ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (08-01-2016; Tech. Correct. 04-02-18)-Mod NON ARB Schedules (WLTIC Edition (05/10/18)
11. Payment of all real estate taxes through and including those for the year 2021.
The following is provided for informational purposes only:
Current Tax Status: PAID Tax Year: 2021 Tax ID: 07-0.4-18-000-000-0004.000 OZARK COUNTY Tax Amount: $577.90 Delinquent taxes, if any: NONE Taxes for the year 2022 are neither due nor payable.
12. Payment of all real estate taxes through and including those for the year 2021.
The following is provided for informational purposes only:
Current Tax Status: PAID Tax Year: 2021 Tax ID: 12-6.0-13-000-000-001.000 TANEY COUNTY Tax Amount: $211.50 Delinquent taxes, if any: NONE Taxes for the year 2022 are neither due nor payable.
13. Payment of all real estate taxes through and including those for the year 2021.
The following is provided for informational purposes only:
Current Tax Status: PAID Tax Year: 2021 Tax ID: 12-1.0-12-000-000-003.000 TANEY COUNTY Tax Amount: $44.68 Delinquent taxes, if any: NONE Taxes for the year 2022 are neither due nor payable.
14. If mechanic's lien coverage is desired on the loan policy, satisfactory evidence should be supplied to the title insurance company that improvements and/or repairs or alterations thereto are completed; that contractors, subcontractors, labor of materialmen and materials are all paid; have released of record all liens or notice of intent to perfect a lien for labor or material, if any. The company must be given notice if any structures located on the subject property have had any of the above mentioned services provided within the last twelve (12) months.
15. Closing Information: If the closing on the subject property is to be conducted by Burcham's Meridian Title, LLC, we require all monies due from the purchase to be in the form of a cashier's check or certified funds. We will require a wire transfer be made payable to Burcham's Meridian Title, LLC coming from a financial institution located in a state other than Missouri. If the sale proceeds or any "payoff" pursuant to the closing requires "good funds", then monies received by us for such must be by bank or wire transfer. The above applies to all closings unless other specific arrangements are made. Due to wide variances in banking practices and lack of control over funds "on the wire", we cannot accept financial responsibilities for delays in the clearing of funds. This requirement is in accordance with Senate Bill 664 signed by the Governor, July 10, and which became effective on August 28, 1996.
16. This agent reserves the right to make further requirements.
(with Kansas and Missouri Modifications Adopted 08-01-2016; Technical Corrections 04-02-18)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice;
the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and signed 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.
CM-27S MO / ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (08-01-2016; Tech. Correct. 04-02-18)-Mod NON ARB Schedules (WLTIC Edition (05/10/18)
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. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I — Requirements are met.
2. Rights or claims of parties in possession not shown by the Public Records.
3. Easements, or claims of easements, not shown by the Public Records.
4. Discrepancies, conflicts in boundary lines, encroachments, overlaps, variations or shortage in area or content, party walls and any other matters that would be disclosed by a correct survey and/or physical inspection of the land.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the Public Records.
6. Any water or well rights, or rights or title to water or claims thereof, in, on or under the land.
7. Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said patents.
8. All taxes, assessments, levies and charges which constitute liens or are due or payable including unredeemed tax sales.
9. All assessments and real estate taxes which become due and/or payable after the date of this policy.
10. Covenants, conditions, and restrictions as set forth in instrument recorded but omitting any covenant, condition or restriction, if any, based on race, color, religion, sex, handicap, familial status, or national origin unless and only to the extent that the covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons
(with Kansas and Missouri Modifications Adopted 08-01-2016; Technical Corrections 04-02-18)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and signed 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.
CM-27S MO / ALTA Commitment for Title Insurance with Kansas and Missouri Modifications (08-01-2016; Tech. Correct. 04-02-18)-Mod NON ARB Exhibit A (WLTIC Edition (05/10/18)
EXHIBIT A
Tract 1 (Ozark County):
The W1/2 of the SE1/4 of Section 18, Township 23 North, Range 16 West, Ozark County, Missouri.
ALSO the S1/2 of Lot 1 of the NW1/4 (also known as the SE1/4 of the NW1/4) of Section 19, Township 23 North, Range 16 West, Ozark County, Missouri.
The S1/2 of Lot 2 of the NW1/4 and the N1/2 of Lot 2 of the SW1/4 of Section 18, Township 23 North, Range 16 West, Ozark County, Missouri.
ALSO all of Lot 1 of the SW1/4 and the S1/2 of Lot 1 in the NW1/4, in Section 18, Township 23, Range 16, also the N1/2 of Lot 1 of the NW1/4 in Section 19, Township 23 North, Range 16 West, Ozark County, Missouri.
SUBJECT TO: Easements, restrictions, reservations, and other agreements and matters of record, if any.
Tract 2 (Taney County):
All of the E1/2 of the NW1/4 and the NE1/4 and the NE1/4 of the SE1/4 all in Section 13, Township 23, Range 17. All of the SW1/4 of the SE1/4 and the SE1/4 of the SW1/4 all in Section 12, Township 23, Range 17. All in Taney County, Missouri.
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File details come from the government source that posted it. Updated .