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Title Insurance/First AmendmentF No. 1342 (1982) ALTA Plain Language commitment First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title 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 in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 — Requirements 3 SCHEDULE B-2 — Exceptions 4 CONDITIONS other side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If ,you have any questions about the Commitment, please contact the issuing office. Form Flo. 1343 (1982) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY 1*71ifT, If If 1 !ti`! 1 I wl f t S� A M E itfc, Citizen'sTitleB EscrowCompany, Inc. 704 South Main Kalispell, MT 59903-1310 (406) 752-5388 First American �cle 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 BY PRESIDENT i— SEPTEMBER 24, i i9bv'. ATT� SECRETARY BY _f / COUNTERSIGNED f l v Page 1 SCHEDULE A Is t AMENDMENT Direct Inquiries To: TG 1. Commitment Date: December 5, 1997 at 8:00 A.M. Commitment No: CT-51620 2. Policy or Policies to be issued: ❑x (a) Owner's Policy Form No. 1402.92 (10-17-92) Proposed Insured: Rosauer's Food & Drug ❑ (b) Loan Policy Form No. 1-1056.92 (10-17-92) Proposed Insured: ❑ (c) Purchaser's Policy Form No. 1402.92 (10-17-92) Proposed Insured: "Po icy punt 0. Premi $ 14 . Premium $ 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) FAMKAI r.T No. CT-51620 SCHEDULE B - SECTION 1 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-51620 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. NOTE: General and special county taxes for the year 1997 FIRST INSTALLMENT : $253.50 (PAID) SECOND INSTALLMENT : $253.50 (PAID) TOTAL : $507.00 TAX RECEIPT NO. : 97 03044 ASSESSOR NO. : 05 E002551 AFFECTS : Premises and other property NOTE: 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. 8. 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) 9. 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: CT- 51 6 0 Continuation of SCHEDULE B - SECTION II 10. 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. ' 11. Easement for roadway and utility puproses on Certificate of Survey No. 12140 and Certificate of Survey No. 12729. 12. The Company will not assume any responsibility or liability for any actions of Judgments brought against the City of Kalispell. THE END 44-051 No. CT-51620 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 Northwest 1/4 of Section 20, Township 28 North, Range 21 West, Principal Meridian, Flathead County, Montana, more particularly described as follows: Commencing at the Northwest corner of the Southeast 1/4 of the Northwest 1/4 of said Section 20; thence along the Easterly line of said aliquot part South 00°01'58" West 148.88 feet to the POINT OF BEGINNING of the parcel being described; thence South 33°06'10" East 1200.75 feet to the Northwesterly line of that parcel described as Tract II in Document No. 92-021-16120, records of Flathead County, thence along said Northwesterly line of said Tract II, North 56*55116" East 439.83 feet to the Southwesterly right-of-way line of U.S. Highway No. 93; thence along said Southwesterly right-of-way line, North 33'04119" West 1568.07 feet to the Southeasterly line of that parcel described in Book 372, Page 172, records of Flathead County, thence along said Southeasterly line of said parcel, South 56`52'5711 West 300.01 feet to the Northeasterly line of that parcel" described in Book 507, Page 116, records of Flathead County, thence along said Northeasterly line of said parcel, South 33°15'45" East 60.37 feet to the Southeasterly line of said parcel; thence along said Southeasterly line of said parcel, South 56'48'58" Vest 140.83 feet; thence South 33°06'10" East 306.49 feet to the Point of Beginning. Parcel 4 of Certificate of Survey No. 12729. THE END ALTA Commitment FSMt ffo zOSR rtRaal ALTA PfR1n LRnptiaga Comnan••�K Post-!tt' Fsx Note 767Y oaten � axRotttt i- _ ` �.. 1I .i.�•t_� From � C��`.; '�' ' ax ♦ P _ 9 P fx-mr Ctrpmj:;kffxay 1w F40F1RAATIQh1 Thb Title inmuranca Commitment is a iep.l t;wntract laatwean you and th. company. It I. i.munxt to .how the t. 1. c wtsioh wo -All 6—a T7tie I..u�an�® PuTp clioy to Yo_ ha ellcy will in— you maain.t oertmin rislra to ttto land tltla, subleot to tha Ititlit..tions shown In the Policy, Thm Company will Iglus yo.r a aan'tpin of the Policy form, It you —6, Tttm g0r=mmltrnent in bated on the land title — of the Commitment Pata_ Any oftmng.. in •h. fond title or the trmna9otlon MIRY attest the Gornrftitanant 4—cl tMs Policy_ The GomnNtment 1. sulaleok to lie Ftwcm AI r smanta, 13--olti— and 10-211:1ott.. THIS INFORMATION iE NUT PART ICW THE TITLE IMOURANCIE Q[}MMITMEIVT. TABt-8 4E �SNT6 Papa ^MREEMLNT i'O Issulm POLiGY t $CrHE0uILw A 1. `ammltment Qate 2. PtalioMa to b. tsausd. Amounts artd Propo..d Insur.d. 2 3 Intantlat In tha Land mnd Ownmr 2 4_ PeiCriptlon of The land 2 $GHELSULE 6-Y — RegtJiremanta 9 $�HEtll.7l_E a-2 '— EttoOj7tlOns 4 CONI}IT14N9 other slds or t YOIJ aH6Utr} READ THE CtlMalllYM 6NT VERY CAttE I'tJ I.LY. It you haw. arty qub atlona about the Comrtlit vn.nS, 010a.e Contact the lea ulnp office. TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED 7 TOTAL PAGES CONFIRMED = 7 RESULT OF LAST BATCH SENT *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 509 624 2528 12-16-97 8:56 2'34" 7/ 7 COMPLETED 9600 TOTAL 0:02'34" 7 NOTE: No.: OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI -POLLING RM RECEIVE TO MEMORY