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07. Final Plat - Serenity Lane AdditionREPORT TD: SUBJECT MEETING DATE: City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751--1858 Website: kalispellplanning.com Kalispell Mayor and City Council Thomas R. Jentz, Director Jaynes H. Patrick, City Manager Final Plat for Serenity Lane Addition November 6, 2006 BACKGROUND, This is a request for final plat approval of Serenity Lane Addition, a 4 lot residential subdivision on an existing residential lot located at 1310 6th Ave. West in Kalispell. The site contains an existing single family residence and large garage. The garage has been removed and on the back of the lot a three unit townhouse will be constructed. The property is zoned R--4 Two Family Residential, and lies on the west side of 6thAvenue West and contains .58 acres. The Kalispell City Council granted preliminary plat approval of this subdivision subject to 9 conditions on Februaxy 21, 2006. All of the conditions have been adequately addressed. RECGNMIENDATION: A motion to approve the final plat Serenity Land Addition would be in order. FISCAL EFFECTS: Positive impacts once developed and on the tax roles. ALTERNATIVES: As suggested by the city council. Respectfully submitted, 1 Thomas R. Jen ames H. Patrick Director City Manager Report compiled.: October 23, 2006 Attachments: Letter of transmittal Final plat application and supporting documents City of Kalispell Planning Department 17 - 2ndStred East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1 &58 Website: kalispellplanning.com October 24, 2006 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59901 Re: Final Plat for Serenity Lane Addition Dear dim: This is a request for final plat approval of Serenity Lane Addition, a 4 lot residential subdivision on an existing residential lot located at 1310 6th Avenue west in Kalispell. The site contains an existing single family residence and large garage. The garage has been removed and on the back of the lot a three unit townhouse will be constructed. The property is zoned R-4 Two Family Residential, lies on the west side of 6thAvenue West and contains approximately .58 acres. The subdivision was given preliminary plat approval by the Kalispell City Council on February 21, 2006 subject to 9 conditions. The preliminary plat was approved with conditions as outlined below. The following is a discussion of compliance with each of these conditions as well as findings of compliance with the city subdivision regulations and zoning ordinance. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1. That the final plat for the subdivision shall be in substantial compliance with approved preliminary plat. (Kalispell Subdivision regulations, Appendix C -- Final Plat) ■ This condition has been met. The subdivision has been platted in substantial compliance with the approved preliminary plat. Condition No. 2. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the Final Plat for Serenity Lane October 24, 200 Page 2 State of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. (Kalispell Design and construction Standards) This condition has been met. Only public sewer was extended into the site. A letter from Frank Castles, Kalispell Public Works Department approving the plans and specifications for the required infrastructure has been submitted with the final plat. Condition No. 3. That the shared common road and utility easement shall provide access for all four lots. The access road shall be paved and shall be constructed to a minimum 20 foot width. (Kalispell Subdivision Regulations, Section 3.09). • This condition has been met per face of the final plat and per site inspection. Condition No. 4. The applicant shall dedicate to the city an additional 15 feet of R/W along the entire crest side of the lot abutting 6th Avenue West. (Kalispell Subdivision Regulations Section 3.09, Table 1). i This condition has been met per face of final plat and certification accepting such R/W signed by the city. Condition No. S. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service and when a facility or improvement is required, said improvements shall be installed or bonded for. (Kalispell Subdivision Regulations, Section 3.22). This condition has been met per letter dated October 24, 2006 from Dave Fieldhouse, U.S. Postal Service approving curbside mail service. Condition No. 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17) . • This condition has been met. All utilities have been installed underground per site inspection October 23, 2006. Condition No. 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a Special Improvement District for the future upgrade of 6th Avenue West (Kalispell Subdivision Regulations Section 3.09, (J)) ■ This condition has been met per note placed on the face of the final plat. Condition No. S. All areas disturbed during development of the subdivision shall be re --vegetated with a weed -free mix immediately after development. Final Plat for Serenity Lane October 24, 2006 Page 3 * This condition has been met. Revegetation has been completed in conjunction with the necessary infrastructure. Condition No. 9. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04). This condition has been met. The preliminary plat was approved on February 21, 2006 and thus is well within the February 21, 2009 time frame. COMPLIANCE WITH THE SUBDIVISION REGULATIONS. This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. The title report shows a trust indenture with the whitefish Credit Union as a beneficiary. They have enclosed the required consent to plat from Whitefish credit Union. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning for the property. RECOM]WENDATION; All of the conditions of preliminary plat approval have been adequately addressed. The staff recommends that the Kalispell City council approve the final plat for this subdivision. Please schedule this matter for the November 6, 2006 regular city council meeting if possible. You may call me at 7 S 1 - 1 S 50 if I can be of assistance to you regarding this matter. Sincerely, ------------------- Thomas R. Jentz Director Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat l 1x17 copy of final plat Final plat application dated 10/ 12/06 Letter Kalispell Public Works dated 10 / 23 / 06 Final Plat for Serenity Lane October 24, 2006 Page 4 Letter EQ#06-2650 from MDEQ dated 4/ 11/06 Letter from USPS dated 10 / 24 / 06 Title report # 183596-FT 9 / 15 / 06 Treasurer's certification dated 10 / 12 / 06 Consent to Plat from Whitefish Credit Union dated 10/ 12/06 Declaration of Conditions, Covenants and Restrictions of Serenity Lane Addition c ter/ attachments: Theresa White, Kalispell City Clerk c w/o attachments: Lori Fisher 881 Helena Flats Rd. Kalispell, MT 59901 Jackola Engineering P.O. Box 1134 Kalispell, MT 59903 Project /Subdivision Name: Contact Person: �.. ON 11111 A i:! Phone No.: q6l City of Kalispell Planning Department 17 - 2Id Street East, Suite 211, Kalispell, Montana. 59901 Telephone: (406) 751-1850 Fax : (406) 751-1858 FINAL PLAT APPLICATION ffm Owner & Marling Address: Date of Preliminary Plat Approval:ol 1 Fek> ruarq d?4� Type of Subdivision: ResidentialIndustrial Commercial PUD Other Total Number of Lots in Subdivision 1}' Land in Project (acres) 0. S7 0 Parkland (acres) cash -in -Lieu $ No. of Lots by Type. - Single Family I Townhouse 3 Duplex Commercial Condominium Apartment Industrial Multi -Family Exempt ✓ Mobile Home Park Recreational Vehicle Park Planned Unit Development Other Legal Description of the Property T JnSe� A FILING FEE ATTACHED Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable (MUST CHECK ONE) ✓ Health Department Certification (Original) ✓ Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid Consent(s) to Plat (Originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement ✓ Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy 11X17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please he advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. own (s) Sign4ture Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutocAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -moray 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 City of Kalispell Public Works Department Past 4ffice Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)758-7720, Fax (406)758-7831. October 23, 2006 Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Serenity Lane Addition Dear Thor, The City of Kalispell Public Works Department hereby approves the existing, completed sanitary sewer main for the referenced project. Approval by the city of Kalispell for the sanitary sewer main is granted based on the following: I. Jackola Engineering letter dated October 2, 2006, certifying that the sanitary sewer main within the referenced project has been inspected and installed in accordance with the City of Kalispell standards and the approved plans and specifications. 2. Our video records of the sanitary sewer system. The one-year warranty period for the sanitary sewer main will commence on October Z, 20069 If you have any questions, please do not hesitate to contact this office. Sincerely, grankCastles, P.E. Assistant City Engineer/Deputy Public Works Director CC: Sean Conrad, Senior Planner Kalispell Planning Department Montane Department of VIRONMENTAL UITYBrian Schweitzer Governor P.O. Box 200901 i Helena, MT 59620-0901 (406) 444 -2544 www.deq.mt.gov April 11, 2006 Jackoa Engineering Jim Burton PO Box 1134 Kalispell MT 59903 Dear Mr Burton.: RF : Serenity Lane A dditiop Municipal Facilities Exclusion EQ#06-2650 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-1.27, MCA and ARM 17.36.602. Under 76-4-1'5�?�(d�, MCA, this subdivision is not subject to review, and the plat can. be filed with the county clerk and recorder. Flans and specifications must be submitted when extensions of municipal facilities for the supply of water or -._.. disposal of sewage are proposed 176-4-111 (3), MCA � . Construction of water or sewer extensions prior to -- DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, --- Chapter 6 and Title 76, Chapter 4. Sincerely, Janet Skaarl an.d Compliance Specialist Subdivision Section (406) 444--1801 —email cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division Planning, Prevention & assistance Division • Remediation Division 10/24/2006 10: 54 4067560045 USPOSTALSERVICE PAGE 02 -C. $T4 7 a �:. ` .POSTAL SOVICE 3 OdobOr.'24,,2006.' KALISPELL PLANNING DEPARTMENT Ka ispelf. City, Plennfl {hg 1 'Second -Streei - &ist, Sufti3 211 7 Kalispell," SAT 69901 ti, ` FAX 751 To Whom It May Oonoam: 1 0 'roved for 314r 13M and 1329 Sixth Avenue -Wil dellv4ry �as been,app West, of tha dawilonmant is samra,ftV Lane.'We have, been' Kallsbill.'Ana.' 'the nay : . :I, • ' • In, disciusslon wfth" Mlddlelbn ConstrucW . n- and t4y, have agreed to'plac6 -the malltwiss for lcurbside.delivery. -Any -questions qwoct meat 75"450. Sincer'el'y, V Wul Muse a r Gtowth Mina "ient gen Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406)758-5510 This Form is for Subdivisions &Condominiums Only BY: JACKOLA FOR: FISHER DESCP: SERENITY LANE ADD Jr. 8TH in I8-28-21) DATE: 1/24/06 PURPOSE: SUB hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated fo each assessor number. - AjJ4 OCT 12 26 CONSENT To PLAT We,, the undersigned, WHITEFISH CREDIT UNION, do hereby consent to the platting of the real property described as "SUBDIVISION PLAT OF SERENITY LANE ADDITION", attached hereto, and by this reference made a part hereof. WHITEFISH CREDIT UNION STATE OF MONTANA SS County of Flathead On this —12- — day of _ "------.w__._.__.. —1 2006, before me, the undersigned, a Notary Public for the State of Montana, personally appeared � �? �--------------- , and known to me to be the 1.ocvi &44lr -e of WHITEFISH CREDIT UNION and who subscribed._ name to the within instrument and acknowledged to me that executed the same. Notary Public for the State of Montana • ' •• Residing at 01Ar •;C My Commission Expires: S , F•� Return to: Lori A. Fisher 881 Helena Flats Road Kalispell, Montana 59901 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF SERENITY LANE ADDITION THIS DECLARATION is made this day of , 2005, by LORI A. FISHER, 881 Helena Flats Road, Kalispell, Montana, 59901, hereinafter referred to as the Declarant. 1. RECITALS The Declarant has filed a plat of certain lands in City of Kalispell, Flathead county, Montana, known as SERENITY LANE ADDITION, which the Clerk and Recorder of said county on the day of 2006, as Document Number in File Case in Plats, as Abstract Number 2. The Declarant is the owner of all the lots in said Serenity Lane Addition and is desirous of subjecting said real property to the conditions, covenants and restrictions hereinafter set forth, each and all of which are for the benefit of said property and for each owner and contract purchaser thereof, which shall insure to the benefit of and pass with said property and each and every parcel thereof and shall apply to and bind the successors in interest of any owner or contract purchaser thereof, NOW, THEREFORE, the Declarant, having established a general plan for the improvement and development of said property, does hereby establish the conditions, covenants and restrictions upon which and subject to which all the property and any portions thereof shall be improved or sold and conveyed by them as owners and hereby declare that said property is and shall be held, transferred, sold and conveyed subject to the conditions, covenants and restrictions hereinafter set forth which are to run with the land and shall be binding upon all successors In interest of the Declarant and the present owners. ARTICLE I DEFINITIONS Section l: "Association" shall mean and refer to the Serenity Lane Addition Homeowner's Association, which shall be an association with each lot having one member on the Board of Directors, its successors and assigns Section 2: "Properties shall mean and refer to that certain property described herein as Serenity Lane Addition. "Properties shall also mean and refer to any addition of real properties as may hereafter be brought within the jurisdiction of the Association, except that such reference shall in no way subject such additions to the Protective Covenants hereinafter set forth. Section 3: "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties. Section 4: "Member" shall mean and refer to every person or entity who is a member of the Association. Section 5: "Owner" shall mean and refer to every person or entity who is a record owner of a fee, or undivided fee, interest in any lot which is subject by covenants of record to assessment by the Association. Record owners who have sold any lot under a contract for Deed shall be considered the owner for all purposes herein. Persons or entities having an interest in ay lot merely as security for the performance of an obligation are hereby excluded. Section 6 : "Declarant" shall mean and refer to Lori A. Fisher. ARTICLE II PROTECTIVE COVENANTS The real property described above is subjected to these conditions, covenants and restrictions hereby declared to insure the best use and the most appropriate development and improvement of each lot created; to protect the owners and contract purchasers of tracts of land against such improper use of surrounding building lots as will depreciate the value of their property; to preserve so far as is practicable the natural beauty of said property; to guard against the construction of buildings of improper or unsuitable material; to insure the highest and best development of said property; to encourage and secure the construction of attractive buildings and to provide for high quality improvements on said property and thereby to enhance the values of improvements made by purchasers of lots. Section 1: Interference With Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved over, under, and across affected lots and granted to the present and future owners of lots benefited as such easements are shown on the recorded plat of Serenity Lane Addition and for the use and benefit of any lot owners of any other property annexed as provided shall be placed underground. Any lot owner who shall place any building, improvement, shrub, hedge or tree on any easement shall be required, without notice, at the request of any other affected lot owner or utility company to remove such structure, improvement or vegetation if such removal shall facilitate installation, repair or maintenance of utilities within said easement area. Section 2: Land Use And Building Type. No structure shall be erected, altered, placed or permitted to remain on any portion of any lot other than those in conformance with the underlying zoning district. No garage shall be larger than is convenient and necessary for the storage of three(3) automobiles, boats or pickup trucks. Such other buildings as may be incidental to residential use of the property are permitted, but in no case shall there be constructed or maintained any garage ❑r storage facility larger than is necessary to accommodate a conventional pickup truck and camper or boat and trailer in excess of twelve (12) feet in height other than the existing structure. No trade, craft, business, profession, commercial or manufacturing activity at any time shall be carried on or conducted from any of the residences. However, those arts, crafts or professions conducted solely by family members conducted entirely within residential structures shall be permissible as shall be instructional or child care activities such as music lessons, day care and nursery activities for no more than five (5) children. No traffic shall be generated by such home activities in greater volume than would normally be expected in a residential neighborhood. No equipment or process shall be used which creates visual ❑r audible interference with any radio, television or telephone receivers off the premises or which cause fluctuation in electrical line voltage off the premises. No satellite television or radio receiver or antenna exceeding four ( 4 ) feet in diameter shall be allowed on any lot unless it is screened from view. Section 3: Building Site. Dwellings shall be located in conformance with the setbacks set forth by the underlying zoning district. Section 4: Buildin2 Standards. The following construction standards shall be followed for all buildings placed on the lots: (a) All construction once begun shall be completed as to exterior finish within one 1) year after start of construction. ( b ) No structure of any kind of what is commonly known as "boxed" or "sheet metal" construction shall be built or moved onto any lot. (c) No structure commonly described as "mobile home" or "trailer" shall be placed or remain on any lot for any purpose except that recreational vehicles and travel trailers may be kept and used subject, however, refer to Section 7 of this Article. (d) No structure commonly described as "A -frame" shall be permitted on any lot. (e) Each structure once constructed on a lot shall be kept in the same condition as at the time of its initial construction, excepting only normal wear and tear. All structures shall be preserved and of pleasant appearance by maintaining paint, stain or sealer as needed. If any structure is damaged in any way, the owner shall, with due diligence, rebuild, repair and restore the structure to its appearance and condition prior to the casualty. Reconstruction shall be completed within one (1) year of the casualty. Section S: Seeding, and Geed Control. Wild weeds and grass shall be mowed on a regular basis to prevent them from reaching seed stage. Section 5: Pets. All animals permitted by this section shall be contained within the boundaries of their ownerr s lot. Section 7: Recreational Vehicles. Mobile homes, trucks not exceeding one -ton capacity, trailers, or boats shall be allowed to park on any road or lot within the boundaries of their lot. Commercial or construction equipment may be stored on a lot site or street only during periods of construction. Section S: Lot Appearance. No part of any lot shall be used to store or place rubbish, trash, garbage, junk cars or other unsightly objects. Section 9: Setback lines. No building shall be located on any lot that violates zoning setbacks. Section 10: Exterior Maintenance. Each lot owner shall provide for exterior maintenance of their structures including painting, staining, sealing and repairs. Each lot owner shall avoid accumulation of refuse, unsightly object or other material prohibited by these covenants. Section 11: Sewage. No individual sewage disposal system shall be permitted on any lot. All lots are served by the City of Kalispell and shall be required to use same. Section 12: Garbage. All garbage cans used in connection with any dwelling shall be deposited in containers provided by the city of Kalispell. Section 13: Nuisances. No noxious or offensive activity shall be carried on or permitted upon any of the lots, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood; nor shall a lot be used in any way or for any purpose which may endanger the health or safety of or unreasonably disturb the residents of any lot. outdoor barbecues are not considered nuisances under this section. Section 14: Boundar Control Monuments. The Declarant has caused survey monuments to be placed on the corners of each lot. It shall be the responsibility of the owner of each lot to immediately provide for professional replacement of any survey monument that are removed, lost or obliterated from his lot. ARTICLE III MEMBERSHIP Section 1: Every person or entity who is a record owner of a fee or undivided fee interest in any lot which is subject by covenants of record to assessment by the Association in Serenity Lane Addition shall be a member of the Association; excepting, however, any person or entity who has sold or is selling any such lot under Contract For Deed shall not qualify as member of the Association. Every person or entity purchasing any such lot under a Contract For Deed shall be a member of the Association. The forgoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of the lot which is subject to assessment by the Association. Ownership of such lot shall be the sole qualification for membership. ARTICLE IV ROADWAY SYSTEM AND ASSESSIETTS Section 1: Roadways. The Declarant hereby declares that the Association is the owner of the roadway described and depicted as the Common Area on the plat of Serenity Lane Addition for the use and benefit of the lot owners of Serenity Lane Addition and for the use and benefit of owners of lots. Section 2: Creation of Personal obli ation. In order to finance the maintenance, repair, insurance and other costs incurred in improving and maintaining the roadway, the declarant of each lot owned within the properties covenants to and with each other owner of any lot by acceptance of a Deed or Contract For Purchase of any lot within the properties, whether or not it shall be so expressed in said Deed or Contract is deemed to covenant and agree to be a member of and subject to the assessments and duly -enacted by-laws and other rules of the Association. The Association is authorized and directed to determine annually the amount necessary to maintain and improve the roadway and assess each lot owner accordingly. Each assessment shall be the personal obligation of the owner of each lot as of the date of assessment. This personal obligation shall not pass to successors in title unless expressly assumed by them. Section 3: Uniform Rate of Annual Assessment. Annual assessments must be fixed at a uniform rate for all lots and may be collected on a monthly, quarterly, semi-annual or annual basis as determined by the Board of Directors. Section 4: Special Assessments. In addition to the annual assessment authorized above, the Association, through its Board of Directors may levy in any assessment year, a special assessment applicable to that year only, which shall be in addition to the annual assessment. Such special assessment shall be exercised and levied only for the purpose of defraying in whole or in part the cost of any installation, construction, or reconstruction, repair or replacement of a portion or all of the roadway, provided that before any such special assessment may be levied, it shall have the assent of three -fourths (3/4 ) of the total of both classes of members who are voting in person or by proxy at a meeting duly called for that purpose. ARTICLE VII ENFORCEMENT Section 1: The Declarant or any lot owner shall have the right to enforce by any proceeding at law or in equity all restrictions, conditions, covenants and amendments now or hereafter imposed pursuant to the provisions of this Declaration. The failure of the Declarant, the Architectural control committee or any owner to enforce any covenant or restriction herein contained shall not be deemed to be a waiver of the right to do so thereafter. The de- clarant shall not have the duty to take any affirmative action to enforce any restrictive covenants nor shall it be subject to any liability for its failure to so act. Section 2 : The Board of Directors may notify any owner violating any restrictive covenant specifying the failure and demanding that it be remedied within a period of thirty (30) days. If the owner fails or refuses to remedy the violation, the Association, at the lot owner's expense, shall correct the deficiencies set forth in the notice. If the lot owner fails to reimburse the committee thirty (30) days after mailing a statement for correcting the deficiencies, the Association may institute a civil action to collect such sum of money together with court costs and reasonable attorney's fees. No entry upon a lot by the Association or its agent for purposes of enforcing these covenants, shall be deemed a civil or criminal trespass. Section 3:1. Attorne y s fees. If any person entitled to do so shall commence legal proceedings in court to enforce any provisions of this agreement, the prevailing party in such action shall be entitled to recover from the other party reasonable attorney's fees and costs of said action. Section 4: Severability. Invalidation of any on of these covenants or restrictions by judgment or court order shall in no way affect the remaining provisions which shall remain in force and effect. INWITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto caused this instrument to be executed the day and year first above written. STATE OF MONTANA SS County of Flathead �c_ft�lO� LO I A. FI ER on this ( clay of , 2006, before me, the undersigned Notary Public for the State of Montana, personally appeared LORI A. FISHER, and known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate last above written. �S N e vq�°y �It tbOTAHiAI SEAI. �1 P OF Md WAM rary s H. Sfir-rt on Public for the eliding at Kalispell, y Commission Expires State of Montana Montana 6/18/2007 C.O.5, 9765 C. O. S. 5054 BA515 OF BEARING SUBDIV001V PEA SERENITY LANE LOCATEO W THE 5.W. 114 OF THE 5.E. 114 OF 5EGTkW 19� T^ -ora.A 3R AREAS: NET 6RO55 (114 OF C01`1NON AREA ADDED TO EACH L0T) LOT IA 41756 5. F: 51612 5, F. LOT IB 31411 5. F. 4,26 7 5. F. LOT 1C 41086 5. F. 41 q42 5. F. LOT 7 71(of 5.F 8,4.E 5.F. DEDICATED ROAD 1, 845 5. F. TOTAL ARFA 251128 5. F. Subdivision Guarantee Guarantee No.: 183596-FT Issued by Flatheacl County Title Company 120 First A ve. WestlP.O. Box 188, Kalispell, M T 59901 Title Off1cer: Sheri Smith Phone: (406)755-5028 FAX.' (406)755-3299 Form No. 1282 (Rev 12/15/95) Subdivision Guarantee Guarantee No.: 183596-FT Form 1349 CLTA Guarantee Face Page (Revised 12/15/95) First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, First American Title Insurance Company a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Flathead County Title Company AUTHORIZED SIGNATORY Subdivision Guarantee Guarantee No.: 183596-FT SUBDIVISION OR PROPOSED SUBDIVISION GUARANTEE Order No.: 183596-FT Guarantee No.: 183596-FT Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN GALLED THE COMPANY GUARANTEES: Jackola Engineering FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST. QUARTER OF SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY,: MONTANA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 8811 RECORDS OF FLATHEAD COUNTY AND WHICH POINT IS THE TRUE POINT OF. A` BEGINNING; THENCE N88029'25"E ON AND ALONG THE NORTH BOUNDARY OF SAID TRACT 1 A DISTANCE OF 26.57 FEET TO A POINT; THENCE N88037'42"E CONTINUING ON AND ALONG SAID NORTH BOUNDARY A DISTANCE OF 176.93 FEET TO A POINT; THENCE S00009'05"W ON AND ALONG THE EAST BOUNDARY OF SAID TRACT 1 A 3ISTANCE OF. 123.80 FEET TO A POINT; THENCE S88032'54"W ON AND ALONG THE SOUTH BOUNDARY OF SAID TRACT 1 A DISTANCE OF 284.75 FEET TO A POINT; THENCE N00043'46"E ON AND ALONG THE WEST BOUNDARY OF SAID TRACT 1 A DISTANCE OF 123.27 FEET TO THE:TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT OF LAND SHALL BE KNOWN AND DESIGNATED AS "SERENITY LANE ADDITION." (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Lori A. Fisher (B) Parties holding liens or encumbrances on the title to said lands are: Whitefish Credit Union (C) Easements, claims of easements and restriction agreements of record are: Subdivision Guarantee Guarantee No.: 183596-FT 1. Any right, title or interest in any minerals, mineral rights, or related matters, including but not limited to oil, gas, coal, and other hydrocarbons. 2. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 3. 2006 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2005 $982.01 Paid $981.97 Paid 75-0550640 4. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Certificate of Survey No. 8811, recorded May 2, 1987 , Doc. No. 1987-061-12560, 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). 5. Easement for right of way to construct, maintain, operate, and remove a pipeline for the distribution of gas granted to The Montana Power Company , recorded July 30, 1962 in Book 447 of , Page 408, as Doc. No. 5709. 6. Easement for the purpose of operating and maintaining a fire hydrant granted to City of Kalispell, recorded March 9, 1990 Doc. No. 1990-068-12280. 7. Provisions in Grant of Conditional Use between the City of Kalispell and Jody Middleton and Lori Fisher, recorded February 27, 2006, as Doc. No. 2006-058-14020. 8. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the proposed plat of Serenity Lane Addition, 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). 9. Trust Indenture, to secure an original indebtedness of $155,000.00, dated July 20, 2006 and any other amounts and/or obligations secured thereby Recorded: July 26, 2006 , Doc. No. 2006-207--14240 Grantor: Lori A. Fisher and Jody Middleton Trustee: Citizen's Title & Escrow Corp. Beneficiary: Whitefish Credit Union. (Covers premises and other property) Date of Guarantee: September 15, 2006 at 7:30 A.M. Subdivision Guarantee Guarantee No.: 183596-FT SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. Proof of Loss or Damage. In:addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage,and shall. state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured. under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.: 183596-FT 6. Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for In Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required In that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the titre, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered Its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,0UU;a00 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,040 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement In writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at I First American Way, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) Subdivision Guarantee Guarantee No.. 18359E-FT Flathead Count Title Company, 120 First Ave. West/P.O. Box 188, Kalispell, MT 59901 Phone(406)755-5028 - Fax(406)755-3299 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of i source. tY p � 9 p eg is sou ce First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam..com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; 0 Information about your transactions with us, our affiliated companies, or others; and 0 Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide. the product or service you have requested of us; or Z as permitted b law. We may, however, store such information indefinite) including the Y q �} P Y Y► . ► Y► 9 period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title .insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services such as appraisal companies, home warranty companies, and escrow companies. Furthermore we ma also provide all the information we collect as described above to companies that perform marketingpservices on our behalf, on behalf f our affiliated companies, or o h r financial institutions with whom we or our affiliated companies have joint marketing agreements. t other P J 9 9 Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. @ 2001 The First American Corporation • All Rights Reserved