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Title InsuranceForm No. 1402.92 (10/17/92) ALTA Owner's Policy POLICY Or" TITLE INSURANCE S A A M E P 7 C 1 H ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys, fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company YeU4 BY PRE J v ' SIDENT J 840665 ATTEST X94 SECRETARY File No. CT-51620 Amount of Insurance $ 744, 234 . 00 Policy No. J-840665 Premium $ 1,883.00 DateofPolicy December 26, 1997 at 3:14 P.M. 1. Name of Insured RSI, L.L.C., a Washington limited liability company 2. The estate or interest in the land which is covered by the policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: RSI, L.L.C., a Washington limited liability company 4. The land referred to in this policy is described as follows: Lot 2, Daley Field Subdivision, NW 1/4, Section 20, Township 28 North, Range 21 West, P.M.M., Kalispell, Flathead County, Montana, according to map or plat thereof on file and of record in the office of the Clerk and Recorder,. Flathead County, Montana. Giii�i�i�i ALTA Owner's Policy FAMKALOP File No. CT-51620 Policy No. J-840665 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: PART 1 SECTION 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims or easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title or interest in any minerals, mineral rights or related matters including but not limited to oil, gas, coal and other hydrocarbons, whether or not shown by the public records. 7. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. SECTION 2 NOTE: General and special county taxes as assessed for the year 1997 and all prior years have been paid in full. NOTE: As of December 26, 1997, available Flathead County Records indicate that the Assessor Number for 1998 will be 05-0001489. 8. A Notice from Flathead County Treasurer's Office dated November 5, 1997 indicates that the amounts for 1997 taxes may not be accurate and a revision of taxes will be done in early 1998. 9. Resolution for Designation of Limited Access Highway executed by the State Highway Commission, recorded October 25, 1991, 91-298-15550, records of Flathead County, Montana. (Affects: Section 20 and other property) 10. Resolution No. 1060A executed by the Flathead County Commissioners for an amendedment to the Kalispell City -County Master Plan by adding the Kalispell City Airport Neighborhood Plan as an Addendum, recorded February 6, 1995, as Doc. No. 95-037-08300, records of Flathead County, Montana. -Continued- ALTA Owners Policy PAUVAi no Rider attached to and forming a part of policy number: Jr`-840665 Continuation of SCHEDULE B File No. CT-51620 11. Ordinance No. 1242 for the approval of the Kalispell City Airport/Athletic Complex Redevelopment Plan, recorded December 31, 1996 as Doc. No. 96-366-14450, and recorded January 16, 1997 as Doc. No. 1997-016-14310, records of Flathead County, Montana. 12. Easement for roadway and utility puproses on Certificate of Survey No. 12140 and Certificate of Survey No. 12729. 13. Terms and conditions contained in Purchase Agreement, made and entered into as of December 24, 1997, by and between the City of Kalispell, a municipal corporation and RSI, L.L.C., a Washington limited liability company, recorded December 26, 1997 as Doc. No. 1997-360-15110, records of Flathead County, Montana. 14. Covenants, conditions and restrictions recorded December 26, 1997 as Doc. No. 1997-360-15130, records of Flathead County, Montana, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604 (c) . 15. Reciprocal Easement and Maintenance Agreement, made and entered into December 24, 1997, by and between City of Kalispell, a municipal corporation and RSI, L.L.C., a Washington limited liability company, recorded December 26, 1997 as Doc. No. 1997-360-15140, records of Flathead County, Montana. MURMUR 44-051