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09/30/05 Settlement StatementA. Settlement Statement U.S. Department of Housing and Urban Development ir Flathead County Title Company OMB No. 2502-0265 B. Type of Loan 111, 1. ❑ FHA 2. ❑ FmHA 3: ❑ Conv. Unins. 4. ❑ VA 5. ❑ Conv. Ins. File Number FM-32839 IT Loan Number I e. Mongage Insurance Case Number FCT/BMM C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name and Address of Borrower Whitefish Credit Union E. Name and Address of Seiler City of Kalispell F. Name and Address of Lender G. Property Locaflon 2100 US Highway 93 S Kalispell, Montana 59901 Flathead County, Montana Daley Field Sub Lot 1 H. settlement agent Flathead County Title Company Place of settlement 120 First Avenue West Kalispell, Montana 59903-0188 1. settlement Date 9/30/05 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 10 1. Contract sales price 401. Contract sales price 459,520.32 102. Personal property 402. Personal pro erty 103. Settlement charges to borrower line 1400 403. 104. 404. 106, 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes to 405. City/town taxes to 107. County taxes to 407. County taxes to 108. Assessments to 408. Assessments to 1109. 409. 110, 410. 111. 411, 112. 412. 120. Gross Amount Due From Borrower 420. Gross Amount Due To Seller 459,520.32 1200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or earnest money 501. Excess deposit see instructions 202. Principal amount of new loans 502. Settlement charges to seller line 1400) 1,478.00 203. Edstin Ivan s taken subject to 503. Existing loans taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208, 508. 209. 509, Adjustments for items unpaid by seller Adjustments for Items unpaid by seller 210. City/town taxes to 510. City/town taxes to 211. County taxes to 511. County taxes to 212. Assessments to 512. Assessments to 213. 513. 214. 514. 215. 515, 216. 516. 217. 517. 218. 618. 219. 519. 220. Total Paid By/For Borrower 520. Total Reduction Amount Due Seller 1,478.00 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller 301. Gross amount due from borrower line 120 601. Gross amount due to seller line 420) 459,520.32 302. Less amounts paid by/for borrower line 220 602. Less reductions in amt. due seller line 620 1,478.0 303. Cash ❑ From ❑ To Borrower 603. Cash ®To El From Seller 458,042.32 SUBSTITUTE FORM 1099 SELLER STATEMENT: The information contained in Blacks E, G, H and I, lines 401 (or, if line 401 is asterisked, lines 403 and 404), 406, 407 and 408-412 (applicable part of buyer's real estate tax reportable to the IRS) is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has not been reported. Previous Edition is Obsolete FIRST DATA SYSTEMS, INC. RESPA, HB 4305.2; HUD-1 REV. (WE DCMUo05 InRlal(s) FOS (Rev. 12f92) 1-615-361-841 nnnR M,. xno_noar; L. Settlement Charges 700. Total Sales/Broker's Commission based oti`rfce$ @ %= Paid From Borrower's Funds at Settlement Paid From Seller's Funds at Settlement Division of Commission line 700as follows: 701. $ to 702. $ to 703. Commission paid at Settlement 704. 800. Items Payable In Connection With Loan 801. Loan Origination Fee 802. Loan Discount 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application Fee to 807. Assumption Fee to 808. 809, 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Interest from to @$ /da 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 904. Flood Insurance Premium for years to 905. 1000. Reserves Deposited With Lender 1001. Hazard insurance months @ $ per month 1002. Mortgage insurance months @ $ per month 1003. City roe taxes months @ $ per month 1004. County propertytaxes months @ $ per month 1005. Annual Assessments months @ $ per month 1006. Flood Insurance months @ $ per month 1007. months @ $ per month 1008. months @ $ per month 1009. months @ $ per month 1010. months @ $ per month 1100. Title Charges 1101.Settlement orclosing fee to Flathead Title 150.00 1102. Abstract or He search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorne 's fees to includes above item numbers: 1108. Title insurance to Flathead Title 1,314.00 includes above item numbers: 1109. Lender's coverage $ 1110.Owner's coverage $ 1,314.00 for $459,520.32 1111. 1112. 1113. 1200. Government Recording and Transfer Charges 1201. Recording fees: Deed $ 14.00 ; Mortgage $ ; Releases $ 1202. City/countyCity/county tax/stamps: Deed $ ; Mortgage $ 1203. State taWstam s: Deed $ ; Mortgage $ 1204. Record Release of Easement to Flathead County Title Company 14.00 1205. 1300. Additional Settlement Charges 1301. Survey to 1302. Pest Inspection to 1303. 1304. 1305. 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section In 1,478.00 I have carefully reviewed the HUD-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my accoun' or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlemen Statement. _ Qity-ofKali e�Cily i��`JPatricT2? Manager To the best of my knowledge, the HUD-1 Settlement Statement which I have prepared is a true and accurate account of the funds which were received and have been or will be disbursed by the undersigned as part of the settlement of this transaction. Settlement Agent Date September 30, 2005 WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. Initial(s) FM-32839 FIRST DATA SYSTEMS, INC. HUD-1, REV.(w DCMU008 FDS (Rev. 12192) i-615-361-M FM-32839 NOTICE AND DISCLAIMER AS A SELLER/BUYER/BORROWER/LENDER IN THE REAL ESTATE TRANSACTION BEING CLOSED BY FLATHEAD COUNTY TITLE COMPANY("FCTC"), YOU ARE HEREBY PUT ON NOTICE OF THE FOLLOWING: (1) THE TRANSACTION AND THE DOCUMENTS INVOLVED WILL CREATE OR ALTER LEGAL RIGHTS AND OBLIGATIONS; (2) FCTC IS NOT LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE LAW OR ADVISE IN THE SALE OR PURCHASE OF REAL ESTATE; (3) AS AN ESCROW HOLDER -CLOSER, FCTC IS OBLIGATED TO REMAIN NEUTRAL TOWARD ALL PARTIES AND FCTC WILL NOT RENDER LEGAL ASSISTANCE TO ANY PARTY; (4) FCTC WILL NOT PREPARE DOCUMENTS REQUIRING YOUR SIGNATURE EXCEPT UPON YOUR DIRECTION FOR THE PURPOSE OF TRANSCRIBING ONTO PREPRINTED LEGAL FORMS THE NAMES, DATES, AMOUNTS, LEGAL DESCRIPTIONS AND OTHER DATA PROVIDED OR APPROVED BY YOU; (5) IF YOU HAVE QUESTIONS ABOUT THE EFFECT OF DOCUMENTS OR THE TRANSACTION, IT IS YOUR RESPONSIBILITY TO OBTAIN LEGAL SERVICES FROM COUNSEL OF YOUR CHOICE AT YOUR EXPENSE TO: FLATHEAD COUNTY TITLE COMPANY. ESCROW NO: FM-32839 ESCROW OFFICER: Brandi Moore DATE: 09/20/05 I/we, the Buyer(s), have handed earnest money directly to Flathead Title in the amount of $ 500.00 and will hand you on or before closing proceeds from a loan secured by subject property in favor of Lender in the amount of 00.00 and will hand you additional cash on or before closing in the approximate amount of (plus closing costs) $459,020.32 TO COMPLETE A TOTAL CONSIDERATION OF $459,520.32 which you are instructed to use when you can obtain an ALTA standard owners form policy of title insurance containing the insuring clauses, exceptions, exclusions, provisions, and stipulations customarily contained in the printed provisions of such form with liability not less than $549,520.32 describing the land in the County of Flathead, State of Montana, described as : Lot 1, Daley Field Subdivision Known and numbered as:2100 US Hwy 93 S, Kalispell, MT 59901 showing the Fee Simple title in said land vested in: Whitefish Credit Union SUBJECT TO: exceptions 5, 7,9-14 as set forth in Schedule B Section 2 of the Commitment for Title Insurance or Preliminary Title Report issued by Flathead County Title Company, its number FM-32839 dated 08/26/05(a copy of which has been read and approved by the parties hereto), and the above Deed of Trust in favor of lender in the amount of $00.00. Execution of loan documents thereof constitutes approval as to form and content. We find no assessment has been made for taxes. No liability is assumed for the unpaid taxes that may be assessed at a later date. The parties hereunto agree you assume no responsibility or liability for the accuracy of the above stated amount of property taxes. In the event the current property taxes are different than indicated above, the parties hereto agree that they may re -prorate outside of escrow. You have no liability therefore and no further duty because of such difference. In the event any lender or beneficiary's statement reveals a deposit, account or funds for a future payment of taxes, insurance or other future payment obligations of the loan, you are to n/a. The parties hereto acknowledge and agree that FCTC is to assume no responsibility for the calculation, deduction, or any other act such as the withholding of funds and/or for the payment of taxes in compliance with the Foreign Investment in Real Property Tax Act as amended in 1984 (IRC 1445 et seq.) or any other Internal Revenue statue or regulation. The determination of whether such tax is due and its payment or withholding, if due, shall be handled by the parties outside of escrow. FCTC has advised the parties to contact their attorney or tax advisor regarding the applicability of section 1445 to this transaction. FCTC reserves the right to take any action it believes the law requires it to take, whether included in instructions or not. If you are unable to comply with these instructions on or before the closing date herein set and/or the filing of the final plat, said funds and/or instruments held by you shall thereafter be returned to the appropriate parties upon our written demand to you, but in the absence of such demand you are to proceed to comply with these instructions as soon as possible thereafter. when time is of the essence in requiring performance of any condition of this escrow and delivery of the documents or monies necessary is not made until the last day limited as defined herein, no tender of such performance or compliance shall be binding upon you unless made prior to 12:00pm on the last day limited for performance and the parties hereto agree that in the event tender of full performance is made subsequent to 12:00pm on said day, that you are authorized to perform duties imposed hereunder upon the next following business day without liability for delay in closing of this escrow. Unless otherwise specifically agreed, you may commingle funds received by you in escrow with escrow funds of others and may deposit such funds in a checking account with any federally insured bank. It is understood that you shall be under no obligation to invest funds deposited with you on behalf of any depositor, nor shall you be accountable to the depositor for any earnings or other incidental benefits attributable to the funds which may be received by you while you hold such funds. FLATHEAD COUNTY TITLE COMPANY HAS BEEN INFORMED OF ANY MOBILE HOME TAXES IN THE AMOUNT OF $ FOR THE YEAR OF 2004 AND THEY HAVE BEEN PRORATED ACCORDINGLY. SELLER HAS PROVIDED MOBILE ROME TITLE OR M.S.O (MANUFACTURED STATEMENT OF ORIGIN) TO FLATHEAD COUNTY TITLE FOR TRANSFER TO BUYERS. BUYER UNDERSTAND THAT THERE WILL BE SEPARATE PERSONAL PROPERTY TAXES ON MOBILE HOME UNTIL TITLE IS ELIMINATED OR COUNTY ASSES�OBILPERTY TOGETHER. (initials) FLATHEAD COUNTY TITLE COMPANY HAS BEEN INFORMED OF ANY HOME OWNERS ASSOCIATION DUES IN THE AMOUNT OF $ AN(`D) TTH`?E-Y HAVE B N PRORATED ACCORDINGLY. (initials) FLATHEAD COUNTY TITLE COMPANY ASSUMES NO LIABILITY OR RESPONSIBLITY FOR MOBILE HOME TAXES OR RDA DUES WICH HAVE NOT BEEN DISCLOSED AT OR BEFORE THE CLOSING DATE. ANY MOBILE HOME TAXES OR HOA DUES WILL BE TH RESPONS TY OF THE BVYER AND SELLER AFTER CLOSING. (initials) Proceeds from this escrow may be disbursed by your check payable to the parties as their names are signed hereon, and your checks and documents may be mailed to the addresses set forth in these instructions. You are instructed to furnish to any broker or lenders identified with this transaction or anyone acting on behalf of such lenders, any information concerning this escrow, copies of all instructions, amendments and statements upon request. Any amendments of or supplements to these escrow instructions must be in writing and signed by all parties to this escrow. Indicate on the deed to record, all future tax statements are to be mailed to the Buyer. BUYER AGREES TO PAY: one half escrow closing fee, lenders title insurance premium, overnight shipping costs for shipping of closing documents if applicable, recording fees for Warranty Deed and Deed of Trust, and all allowable costs related to lender financing Whitefish Credit Union MAILING ADDRESS: PHONE #: I/We will hand you the instruments, documents and money required to comply with these instructions, which you may use, and pay such costs, taxes, assessments and demands to insure title as set forth herein when you can comply with these instructions and deliver the net proceeds to the order of the undersigned. SELLER AGREES TO PAY: one half escrow closing fee, owner's title insurance premium, real estate commission, overnight shipping costs for shipping of closing documents if applicable, all costs related to clearing title, and all costs related to any applicable loan payoff including interest through date of payment and release fees alf Ralispe MAILING ADDRESS: PHONE: ADDITIONAL DISCLOSURES AND INFORMATION: DATED: Septemberu1 2005 I AM INSTRUCTING YOU TO DO THE FOLLOWING WITH MY PROCEEDS CHECK: PLEASE CHECK ONE OF THE FOLLOWING: PLEASE DEPOSIT MY PROCEEDS CHECK INTO MY LOCAL BANK ACCOUNT. (DEPOSIT SLIP MUST BE ATTACHED FOR LOCAL BANK ONLY) 2. PLEASE HOLD MY PROCEEDS CHECK FOR PICKUP. 3. PLEASE FEDERAL EXPRESS MY PROCEEDS AND DEDUCT $20.00 FROM MY PROCEEDS TO COVER COST. 4. PLEASE MAIL MY PROCEEDS CHECK TO THE ABOVE ADDRESS. S. PLEASE WIRE MY PROCEEDS AND DEDUCT $10.00 FROM MY PROCEEDS TO COVER COST. (VOIDED CHECK MUST BE ATTACHED) RETURN TO: WARRANTY DEED FM-32939 THIS INDENTURE, made this day of September 2005, between CITY OF KALISPELL , Party of the First Part, and WHITEFISH CREDIT UNION, of , Party of the Second Part. WITNESSETH, that the said Party of the First Part, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by the said Party of the Second Part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the said Party of the Second Part, and to their heirs and assigns, forever, all that certain lot, piece, or parcel, of land situate, lying and being in the County of Flathead, State of Montana, and particularly described as follows, to -wit: Lot 1, Daley Field Subdivision, P.M.M., Flathead County, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. SUBJECT TO any and all easements, covenants, reservations or restrictions of record. TOGETHER with all and singular the hereinbefore described premises together with all tenements, hereditaments, and appurtenances, thereto belonging or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest; right of dower and right of homestead, possession, claim, and demand whatsoever, as well in law as in equity, of the said Parry of the First Part, of, in or to the said premises, and every part and parcel thereof, with the appurtenances, thereto belonging, TO HAVE AND TO HOLD, all and singular the above mentioned and described premises, together with appurtenances, unto the said Party of the Second Part and to their heirs and assign, forever. And the said Party of the First part and its heirs do hereby covenant that they will forever WARRANT and DEFEND all right, title and interest in and to the said premises and the quiet and peaceable possession thereof, unto the said Party of the Second Part, their heirs and assigns, against the acts and deeds of the said Party of the First Part and all and every person or persons, whomsoever, lawfully claiming or to claim the same. TY JAMES H. PATRICK-CITY MANAGER STATE OF MONTANA ) ) ss. County of Flathead ) On this day of September 2005, before me the undersigned, a Notary Public in and for the State and County aforesaid, personally appeared JAMES H. PATRICK FOR THE CITY OF KALISPELL AS ITS MANAGER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that HE executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official Notarial Seal the day and year first above written. Notary Public for the State of Montana Residing at Kalispell, Montana My commission expires: OCT-04-2005 23:27 FLATHEAD COUNTY TITLE 406 756 0579 P.01i01 • k FIfST�iZETE BANK FLATHEAD COUNTY TITLE COMPANY [zVERGREEN OFFICE TRUST ACCOUNT KALISpEL! M NTq�iQ �,,$���'t�BgOX 188 406/755.5028 .:^T• �"'• C�J3X6� 9Kalispe11 to Whitef isl2ti CW%L%1 4L %T 68801 ^e• 0'M FAY FOUR HUNDRED FIFTY EIGIIT THOUSAND FORTY TWO AND 32 /100 DOLLARS TO = ? TH E R City of Kalispell OF NO, -a5cj09 DATE 09/30 /05 0*#**458,042.32 RE: 2100 US Highway 93 S � Kalispell, Montana 59901 110035109115 1:092901683l: 230975� 2811a ,:rNIS OQ CUMFNT KAS A COLORED FACE. THE BACK HAS AN ARTIFICIAL WATERMARK (HOLD AT ANGLE TO VIEW). A5SENCE OF THUSE FEATURES INDICATES A COPY. nalachHere and TaIMFrandTodnyl� ,A� BYANI(�' R Th,jok YOU! Customer Receipt Your deposit may not be available for immediate withdrawal. Consult posted notices for further information. R CEU"T Drawer: :031 10/G,3/05 Trandh 10-1 9:20:58 10163593 Deposit f458042.302 7ideril %f�l)�[:}■rii�i�►lry%[!lYelMl51/f:1/K�[4Ir—J�;�fiiiTliT17FT�1517E'Y!/fFlhfl�7rf6:::v��s�.�. TnTOI D fill OCT-05-2005 10:19 AM GLACIER BANK TELLER LINE 406 768 4366 I I c \ to z 09 AOWAd xm �4