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Certificate of Title Phase 4PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE 27 0219 89 205683 CHICAGO TITLE INSURANCE COMPANY To the County of Flathead and the City of Ka 1 i s pe 11 in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office in the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 18th day of August 19 99 , at 5 o'clock P.M., the title to the described real estate was indefeasibly vested in fee simple of record in: Northwest Healthcare Corporation, A Montana Corporation subject only to the objections, liens charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of 5 10 , 000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. c(alply Issued by: STERLING TITLE SERVICES 211 South Main (P.O. Box 73) Kalispell, MT 59901 (406) 752 - 7000 FAX 06) 752 - 7207 (TITLE) 6 257 - 5663 (ESCROW) Authorized Signatory CHICAGO TITLE INSURANCE COMPANY By: ATTEST: Pres' ent Secretary PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE (MONTANA) Reorder Form No. 9113 SCHEDULE A (Colpy Page 2 Certificate No.: 27-0219-89-205683 Our File No.: CG-28302 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: Those portions of Government Lot 5, Section 6, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana described as follows: Beginning at a point that bears South 69023144" East, a distance of 697.65 feet from the Northwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West, said point being on the Southerly right-of-way line of Commons Way, a 60.00 foot city street and being the Northwest corner of that tract of land denoted as Common Area on the Plat of Buffalo Commons Phase 2 Block 2, records of Flathead County, Montana; thence along the Westerly boundary of said Common Area South 20054136" East a distance of 164.14 feet to a point; thence South 69005124" West a distance of 90.10 feet to a point; thence South 47008137" West a distance of 163.70 feet to the Northeasterly right-of-way line of Commons Loop, a 60.00 foot city street and a point on a 160.00 foot radius curve concave Southwesterly having a radial bearing of South 47008137/1 West; thence along said Northeasterly right-of-way line of said Commons Loop and along said curve through a central angle of 41008157" an arc length of 114.91 feet; thence North 05159140" East a distance of 62.99 feet to a point; thence North 45023126" East a distance of 265.22 feet to the Southerly right-of- way line of Commons Way, a 60.00 foot city street and a point on a 780.00 foot radius curve concave Northerly, having a radial bearing of North 04032151" East; thence along said Southerly right-of-way line of said Commons Way and along said curve through a central angle of 03044,05" an arc length of 50.84 feet to the Point of Beginning. and Commencing at the Southwest corner of Government Lot 5, Section 6, Township 28 North, Range 21 West; thence along the Southerly boundary of said government lot North 89005139" East a distance of 862.81 feet to the Westerly right-of- way line of Windward Way, a 60.00 foot city street and a point on a 280.00 foot radius curve concave Southeasterly having a radial bearing of South 74039122" East; thence along said Westerly right-of-way line of said Windward Way the following three courses: Along said curve through a central angle of 33022133" an arc length of 163.11 feet North 48043111" East a distance of 55.99 feet to the beginning of a 470.00 foot radius curve to the left concave Northwesterly, and Along said curve through a central angle of 12013125" an arc length of 100.27 feet to the Point of Beginning of the parcel being described and the most Easterly corner of that parcel of land denoted as Common Area on the Plat of Buffalo Commons Phase 2 Block 2, records of Flathead County, Montana; thence along the Easterly and Southeasterly boundary of said Common Area the following five courses: North 41056133" West a distance of 147.85 feet to a point North 03049150" West a distance of 259.88 feet to a point North 20041114" West a distance of 218.33 feet to a point North 30011100" West a distance of 141.74 feet to a point and North 86014114" East a distance of 329.65 feet to the Westerly right-of- way line of Windward Warr, a 60.00 foot city street; thence along said Westerly right-of-way line of said Windward Way the following two courses: South 03045146" East a distance of 408.17 feet to the beginning of a 470.00 foot radius curve to the right concave Westerly, and Along said curve through a central angle of 40015132" an arc length of 330.25 feet to the Point of Beginning. TO BE KNOWN AS: BUFFALO COMMONS PHASE 4, LOT 1 BLOCK 1 AND BLOCK 2 Page 3 Certificate No.: 27-0219-89-205683 COPY Our File No.: CG-28302 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 1999. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals, including but not limited to metals, oil, gas, coal, hydrocarbons, sand, gravel, stone, or rights relating thereto. 4. Easement granted to the City of Kalispell, recorded December 29, 1961 under Recorder's Fee #9039, in Book 443, page 630, records of Flathead County, Montana. 5. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded July 10, 1980 under Recorder's Fee #8632, in Book 696, page 111, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 6. Easement granted Northwestern Telephone Systems, Inc., recorded December 17, 1980 under Recorder's Fee #18056, in Book 707, page 361, records of Flathead County, Montana. 7. Resolution No. 4174 recorded November 14, 1994 as Document #9431814340, records of Flathead County, Montana. 8. Terms and provisions contained o Ordinance No. 1226, recorded October 3, 1995 as Document 49527615080, records of Flathead County, Montana. 9. Ordinance No. 1276 recorded February 24, 1998 as Document #199805512210, records of Flathead County, Montana. 10. Ordinance No. 1281 recorded February 24, 1998 as Document 4199805512220, records of Flathead County, Montana. 11. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, recorded February 24, 1998 as Document #199805512230, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 12..` Certificate of Parkland as shown on the unrecorded plat of Buffalo Commons Phase 4, Lot 1 Block 1 and Block 2. 13. Private Road Easement as shown on the unrecorded plat of Buffalo Commons Phase 4, Lot 1 Block 1 and Block 2. 14. No search has been made for water rights and unpatented mining claims and liability thereon is excluded from coverage of this Certificate.