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Title InsuranceALTA Plain Language commitment ThoTitlo Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue e Td!o Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes inthe land tdka or the transaction may affect the Commitment and the Pn|ioy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOf PART OF THE TITLE INSURANCE COMMITMENT. Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds o 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCVsoULso'1 --Requirements o SCHEDULE e-2-- Exceptions 4 CONDITIONS other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. Form Poo. 134=3 (1982) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the other side of this page 1 This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company BYfjfA/94_Vj PRESIDENT A ST ` ` SECRETARY B COUNTERSIGNED Page 1 SCHEDULE A Direct Inquiries To: JJ 1. Commitment Date: July 7, 1997 at 8: 00 A.M. , Commitment No: CT-50090 2. Policy or Policies to be issued: M (a) Owner's Policy Form No. 1402.92 (10-17-92) Proposed Insured: Richard A. Dasen, Sr. ❑ (b) Loan Policy Form No. 1-1056.92 (10-17-92) Proposed Insured: Policy Amount $738,700.00 Premium $ 1, 871.00 Premium $ ❑ (c) Purchaser's Policy Form No. 1402.92 (10-17-92) $ Proposed Insured: Premium $ 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by The City of Kalispell 4. The land referred to in this Commitment is described as follows: See Attached Schedule C 1344-A (1982) No. CT-50090 SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (b) Pay us the premiums, fees and charges for the policy. (c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: (d) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (e) Release(s) or Reconveyance(s) of item(s) (f) Other (g) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of identity, all parties. 3. Other No. CT-50090 SCHEDULE B - SECTION 11 EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART 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 of 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 the public records. 5. Unpatented mining claims: reservations or exceptions in patents or in acts authorizing the issuance thereof: water rights, claims, or title to water. 6. 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. 7. 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. 8. General and special county taxes for the year 1997, a lien not yet payable. NOTE: General and special county taxes for the year 1996 ASSESSOR NO. : 05 E002551 NOTE: No taxes were assessed for 1996 - EXEMPT 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- The following numbered exceptions 1-6 will be eliminated in an ALTA Extended Coverage Policy. Rider attached to and forming a part of commitment number: C'T-90090 Continuation of SCHEDULE B - SECTION II 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. Right -of -Way for public utilities (if any) installed in any portion of Lion Park Street. THE END 44-051 No. CT-50090 SCHEDULE C The land referred to in this policy is situated in the State of Montana, County of Flathead and is described as follows: That portion of the Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 20; thence along the Northerly line of Section 20, North 89'52'30" West 1556.90 feet to the Northeasterly right-of-way of U.S. Highway No. 93; thence along said Northeasterly right-of-way line, South 33'04'19" East 71.70 feet to the Point of Beginning of the parcel being described; thence continuing along said Northeasterly right-of-way line, South 33*04119" East 650.27 feet to the Northwesterly right-of-way of Lion Park Street; thence along said Northwesterly right-of-way line of said Lion Park Street, North 63*12102" East, 281.20 feet to the Southwesterly right-of-way line of Third Avenue East, said point being on a 1392.50 foot radius curve concave Southwesterly, having a radial bearing of South 72'27'06" West; thence Northwesterly along the curve and along the Southwesterly right-of-way line of Third Avenue East, through a central angle of 19*24,1911, an arc distance of 471.62 feet to the Southerly right-of-way line of Eighteenth Street East; thence along said Southerly line of said Eighteenth Street East, North 89'52'30" West 390.92 feet to the Point of Beginning. Parcel 2, Certificate of Survey No. 12140. ALSO That portion of the Northeast 1/4 of the Northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, more particularly described as follows: Commencing at the Northeast corner of the Northeast 1/4 of the Northwest 1/4 of said Section 20; thence along the Northerly line of said Section 20, North 89*52,30" West 1556.90 feet to the Northeasterly right-of-way of U.S. Highway No. 93; thence along said Northeasterly right-of-way line, South 33'04'19" East 721.97 feet to the Point of Beginning of the Parcel being described; thence continuing along said Northeasterly right-of-way line, South 33'04119" East 85.51 feet, thence North 63*12102" East 255.29 feet, to the Southwesterly right-of-way line of Third Avenue East, said point beging on a 1392.50 foot radius curve concave Southwesterly, having a radial bearing of South 76'00'56" West, thence Northwesterly along the curve and along the Southwesterly right-of-way line of Third Avenue East, throught a central angle of 3*33,491, an arc distance of 86.61 feet, thence South 63'12'02" West 281.20 feet to the Point of Beginning. "Lion Park Street" on Certificate of Survey No. 12140. THE END ALTA Commitment CAK.11,,1 --