Loading...
DE 2010 04-12 (2)RECORDING # 236829 REF: SEC 14 T3N R7W ALSO NOTES: RADIO & MICROWAVE TOWERS �1x 3 1142 x • . 4Y �t v, ,.. 1 \ ax �.amaan/u!aaVel�km� ac �,a non „ say / Form No 140206 , ..E Policy Page 1 / 1\ ALTA Owner's Policy(6-17-06) 1100302PO90800 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY -0. . � FirstAmerican Titlelnsurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the ) Company at the address shown in Section 18 of the Conditions. " COVERED RISKS t � SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS power not covered by Covered Risk 5 if a notice of the enforcement „ FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, action, describing any part of the Land, is recorded in the Public 1 v FIRST AMERICAN TITLE INSURANCE COMPANY.a California corporation Records, but only to the extent of the enforcement referred to in that f (the "Company")insures,as of Date of Policy and,to the extent stated in notice. { Covered Risks 9 and 10,after Date of Policy,against loss or damage, not 7. The exercise of the rights of eminent domain It a notice of the exercise, " exceeding the Amount of Insurance,sustained or incurred by the Insured describing any part of the Land,is recorded in the Public Records by reason of 8. Any taking by a governmental body that has occurred and is binding on .t !R 1. Title being vested other than as stated in Schedule A. the rights of a purchaser for value without Knowledge. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk 9. Title being vested other than as stated in Schedule A or being detective t includes but is not hmded to insurance against loss from (a) as a result of the avoidance in whole or in part, or from a court (a) A detect in the Title caused by order providing an alternative remedy, of a transfer of all or any (i) forgery, fraud, undue influence, duress, incompetency, part of the title to or any interest in the Land occurring prior to the �;y incapacity,or impersonation; transaction vesting Title as shown in Schedule A because that "At (ii) failure of any person or Entity to have authorized a transfer prior transfer constituted a fraudulent or preferential transfer under or conveyance; federal bankruptcy, state insolvency, or similar creditors' rights (iii) a document affecting Title not properly created,executed, laws;or witnessed,sealed,acknowledged,notarized,or delivered; (b) because the instrument of transfer vesting Title as shown in (iv) failure to perform those acts necessary to create a Schedule A constitutes a preferential transfer under federal document by electronic means authorized by law; bankruptcy, state insolvency, or similar creditors' rights laws by (v) a document executed under a falsified, expired, or reason of the failure of its recording in the Public Records otherwise invalid power of attorney, (i)to be timely,or (vi) a document not properly tiled,recorded,or Indexed in the (ii)to impart notice of its existence to a purchaser for value or to a Public Records including failure to perform those acts by judgment or lien creditor. electronic means authorized by law,or 10 Any detect in or lien or encumbrance on the Title or other matter (vii) a defective judicial or administrative proceeding. included in Covered Risks 1 through 9that has been created or attached (b) The lien of real estate taxes or assessments imposed on the Title or has been filed or recorded in the Public Records subsequent to Date y by a governmental authority due or payable,but unpaid of Policy and prior to the recording of the deed or other instrument of # (c) Any encroachment,encumbrance,violation,variation,or adverse transfer in the Public Records that vests Title as shown in Schedule A circumstance affecting the Title that would be disclosed by an The Company will also pay the costs, attorneys' fees, and expenses yl accurate and complete land survey of the Land. The term incurred in defense of any matter Insured against by this policy,but only to "encroachment" includes encroachments of existing the extent provided in the Conditions. $ � improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located FnstAmerican TitIcInsuranceCompany ' on adjoining land. 3. Unmarketable Title. BY PRESIDENT 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or * "�_ governmental regulation (including those relating to building and ATTEST / SECRETARY zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected # on the Land, E (c) the subdivision of land,or (d) environmental protection —it a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice 6. An enforcement action based on the exercise of a governmental police \ 1002024-1021770 EXCLUSIONS FROM COVERAGE for estate planning purposes The following matters are expressly excluded from the coverage of this policy, and the (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by defenses as to any successor that the Company would have had againstany reason of predecessorinsured 1 (a) Any law, ordinance, permit, or governmental regulation (including those (e) "Insured Claimant" An Insured claiming loss or damage relating to building and zoning)restricting, regulating, prohibiting,or relating (f) "Knowledge' or "Known': Actual knowledge, not constructive knowledge or to notice that may be imputed to an Insured by reason of the Public Records or any other (i) the occupancy,use,or enjoyment of the Land, records that impart constructive notice of matters affecting the Title. (ii) the character,dimensions,or location of any improvement erected on the (g) "Land" The land described in Schedule A, and affixed improvements that by Land, law constitute real property The term'Land"does not include any property beyond (m) the subdivision of land,or the lines of the area described in Schedule A, nor any right,title, interest,estate,or (iv) environmental protection; easement in abutting streets, roads,avenues,alleys, lanes,ways,or waterways, but or the effect of any violation of these laws,ordinances,or governmental regulations. this does not modify or limit the extent that a right of access to and from the Land is This Exclusion 1(a)does not modify or limit the coverage provided under Covered insured by this policy. Risk 5 (h) 'Mortgage": Mortgage,deed of trust,trust deed,or other security instrument, (b) Any governmental police power. This Exclusion 1(b)does not moddy or limit including one evidenced by electronic means authorized by law the coverage provided under Covered Risk 6 (Q "Public Records": Records established under state statutes at Date of Policy for 2 Rights of eminent domain This Exclusion does not modify or limit the coverage the purpose of imparting constructive notice of matters relating to real property to provided under Covered Risk 7 or 8. purchasers for value and without Knowledge With respect to Covered Risk 5(d), 3. Defects, liens,encumbrances,adverse claims, or other matters "Public Records" shall also include environmental protection liens filed in the (a) created,suffered,assumed,or agreed to by the Insured Claimant; records of the clerk of the United States District Court for the district where the Land (b) not Known to the Company, not recorded in the Public Records at Date of is located Policy, but Known to the Insured Claimant and not disclosed in writing to the (1) "Title": The estate or interest described in Schedule A Company by the Insured Claimant prior to the date the Insured Claimant (k) "Unmarketable Title":Title affected by an alleged or apparent matter that would became an Insured under this policy, permit a prospective purchaser or lessee of the Title or lender on the Title to be (c) resulting in no loss or damage to the Insured Claimant, released from the obligation to purchase, lease, or lend if there is a contractual (d) attaching or created subsequent to Date of Policy (however, this does not condition requiring the delivery of marketable title modify or limit the coverage provided under Covered Risks 9 and 10), or (e) resulting in loss or damage that would not have been sustained if the Insured 2. CONTINUATION OF INSURANCE Claimant had paid value for the Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or Insured,but only so long as the Insured retains an estate or interest in the Land,or holds similar creditors' rights laws, that the transaction vesting the Title as shown in an obligation secured by a purchase money Mortgage given by a purchaser from the Schedule A,is Insured, or only so long as the Insured shall have liability by reason of warranties in any (a) a fraudulent conveyance or fraudulent transfer,or transfer or conveyance of the Title. This policy shall not continue in force in favor of any (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy, purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation 5. Any lien on the Title for real estate taxes or assessments imposed by governmental secured by a purchase money Mortgage given to the Insured. authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT shown in Schedule A The Insured shall notify the Company promptly in writing(i)in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and CONDITIONS that might cause loss or damage for which the Company may be liable by virtue of this 1. DEFINITION OF TERMS policy,or(m)if the Title,as insured, is rejected as Unmarketable Title. If the Company is The following terms when used in this policy mean prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's (a) "Amount of Insurance". The amount stated in Schedule A,as may be increased liability to the Insured Claimant under the policy shall be reduced to the extent of the or decreased by endorsement to this policy, increased by Section 8(b).or decreased prejudice. by Sections 10 and 11 of these Conditions. (b) "Date of Policy". The date designated as"Date of Policy" in Schedule A 4. PROOF OF LOSS (c)- "EnI ty"_Acorporabon,part.. sirup,trust, limited liability company, or other In the event the Company is unable to determine the amount of loss or damage,the similar legal entity. Company may,at its option, require as a condition of payment that the Insured Claimant (d) "Insured" The Insured named in Schedule A furnish a signed proof of loss The proof of lass must describe the detect, lien, (i) The term"Insured'also includes encumbrance, or other matter insured against by this policy that constitutes the basis of (A) successors to the Title of the Insured by operation of law as loss or damage and shall state,to the extent possible,the basis of calculating the amount distinguished from purchase, including heirs, devisees, survivors, of the loss or damage personal representatives,or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, 5. DEFENSE AND PROSECUTION OF ACTIONS distribution,or reorganization, (a) Upon written request by the Insured, and subject to the options contained in (C) successors to an Insured by its conversion to another kind of Entity, Section 7 of these Conditions, the Company, at its own cast and without (D) a grantee of an Insured under a deed delivered without payment of unreasonable delay,shall provide for the defense of an Insured in litigation in which actual valuable consideration conveying the Title any third party asserts a claim covered by this policy adverse to the Insured This (1) if the stock,shares,memberships,or other equity interests of obligation is limited to only those stated causes of action alleging matters insured the grantee are wholly-owned by the named Insured, against by this policy. The Company shall have the right to select counsel of its (2) it the grantee wholly owns the named Insured, choice(subject to the right of the Insured to object for reasonable cause)to represent (3) if the grantee is wholly-owned by an affiliated Entity of the the Insured as to those stated causes of action It shall not be liable for and will not named Insured,provided the affiliated Entity and the named Insured pay the fees of any other counsel. The Company will not pay any fees, costs, or are both wholly-owned by the same person or Entity,or expenses incurred by the Insured in the defense of those causes of action that allege (4) if the grantee is a trustee or beneficiary of a trust created by a matters not insured against by this policy written instrument established by the Insured named in Schedule A (b) The Company shall have the right, in addition to the options contained in Policy Page 2 SCHEDULE A Name and Address of Title Insurance Company: First American Title Insurance Company 251 E. Front Street, Ste. 310 Boise, ID 83702 File Number: JX11713 Policy Number: 1021770 Address Reference: TRACT J OF COS 235575, FOLIO 905B JEFFERSON COUNTY, MT Amount of Insurance: $ 30,000.00 Premium: $ 260.00 Date of Policy: April 12, 2010 at 03:00 PM 1. Name of Insured: JEFFERSON COUNTY, MONTANA 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: JEFFERSON COUNTY, MONTANA 4. The Land referred to in this policy is described as follows: TRACT J OF CERTIFICATE OF SURVEY NUMBER 235575, FOLIO 905B, LOCATED IN THE NE% OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 7 WEST, JEFFERSON COUNTY, MONTANA. Rocky Mountain Ti t d Clopfig Svcs., LLC By: ROCKY mQATAIN T E & INSURED CLOSING SVCS., LL ALTA Owner's Policy Schedule A(6/17106) (jx11713/JX11713/15) First American Title Insurance Company SCHEDULE B File Number: JX11713 Policy Number: 1021770 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees or expenses which arise by reason of: 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, interest, 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 easements, or encumbrances which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title including discrepancies, conflicts in boundary lines, shortage in area, or any other facts that would be disclosed by an accurate and complete land survey of the land, and that are not shown in the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; ( c )Water rights, claims or title to water, ditch or ditch right, whether or not the matters excepted under(a), (b), or are shown by the public records. 6. Any lien, or right to a lien, imposed by the law for services, labor or material heretofore or hereafter furnished, which lien or right to a lien is 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, sand, gravel or other common variety materials, whether or not shown by the public record. 8. Any Special Improvement District, any Rural Improvement District, special liens and levies of which is not yet due and payable. 9. No liability is assumed for errors, omissions, or changes in assessed evaluations or amount of taxes assessed by any state, county, city, or federal taxing or assessing authority. 10. General County Taxes and assessments for the year 2010 and subsequent years, a lien which is not yet due and payable. 11. Reservations or exceptions in patents or in Acts authorizing the issuance thereof all claims to water and water rights. 12. County road rights-of way the existence of which is dependent in whole or in part upon writings which have not been recorded and indexed as conveyances in the office fo the Clerk and Recorder pursuant to Title 70, Chapter 21 MCA. 13. EASEMENT RECORDED IN BOOK 78 OF DEEDS, PAGE 341, RECORDS OF JEFFERSON COUNTY, MONTANA. 14. EASEMENT RECORDED IN BOOK 79 OF DEEDS, PAGE 242, RECORDS OF JEFFERSON COUNTY, MONTANA. ALTA Ownefs Policy Schedule B(6/17/06) (jx11713/JX11713116) SCHEDULE B (Continued) File Number: JX11713 Policy Number: 1021770 15. EASEMENT RECORDED IN BOOK 79 OF DEEDS, PAGE 245, RECORDS OF JEFFERSON COUNTY, MONTANA. 16. ALL TERMS AND PROVISIONS OF RIGHT OF WAY RECORDED IN BOOK 80 OF DEEDS, PAGE 104, RECORDS OF JEFFERSON COUNTY, MONTANA. 17. Right of Way Easement granted to THE MONTANA POWER COMPANY, recorded in Book 80 of Deeds, page 52, for AN ELECTRIC TRANSMISSION SYSTEM AND COMMUNICATION SYSTEM, Records of JEFFERSON, County, Montana. 18. LEASE FOR ROADWAY AND OTHER PURPOSES AS RECORDED IN BOOK 138 OF DEEDS, PAGE 582, RECORDS OF JEFFERSON COUNTY, MONTANA. 19. Easements, notations and all other matters as disclosed on Certificate of Survey 235575, records of JEFFERSON County, Montana. 20. LACK OF A LEGAL RIGHT OF ACCESS TO AND FROM SAID PREMISES. I End of Schedule B. ALTA Owner's Policy Schedule 8(6/17/06) OW7131JX11713116) Section 7 of these Conditions,at its awn cost,to institute and prosecute any action expenses incurred by the Insured Claimant that were authorized by the or proceeding or to do any other act that in its opinion may be necessary or desirable Company up to the time of payment and that the Company is obligated to pay - to establish the Title, as insured, or to prevent or reduce loss or damage to the Upon the exercise by the Company of either of the options provided for in Insured The Company may take any appropriate action under the terms of this subsections(b)(i)or(h),the Company's obligations to the Insured under this policy policy,whether or not it shall be liable to the Insured The exercise of these rights for the claimed loss or damage, other than the payments required to be made,shall shall not be an admission of liability or waiver of any provision of this policy If the terminate, including any liability or obligation to defend,prosecute,or continue any Company exercises its rights under this subsection,it must do so diligently litigation. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final 8. DETERMINATION AND EXTENT OF LIABILITY determination by a court of competent jurisdiction,and itexpressly reserves the right, This policy is a contract of indemnity against actual monetary loss or damage in its sole discretion,to appeal any adverse judgment or order sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) The extent of liability of the Companyfor loss or damage under this policy shall (a) In all cases where this policy permits or requires the Company to prosecute or not exceed the lesser of provide for the defense of any action or proceeding and any appeals,the Insured shall (i) the Amount of Insurance;or secure to the Company the right to so prosecute or provide defense in the action or (n) the difference between the value of the Title as insured and the value of proceeding,including the right to use,at its option,the name of the Insured for this the Title subject to the risk insured against by this policy. purpose. Whenever requested by the Company, the Insured, at the Company's (b) If the Company pursues its rights under Section 5 of these Conditions and is expense, shall give the Company all reasonable aid (Q in securing evidence, unsuccessful in establishing the Title,as insured, obtaining witnesses,prosecuting or defending the action or proceeding, or effecting (i) the Amount of Insurance shall be increased by 10%,and settlement,and(n)in any other lawful act that in the opinion of the Company may be (ii) the Insured Claimant shall have the right to have the loss or damage necessary or desirable to establish the Title or any other matter as insured. If the determined either as of the date the claim was made by the Insured Claimant or Company is prejudiced by the failure of the Insured to furnish the required as of the date it is settled and paid cooperation, the Company's obligations to the Insured under the policy shall (c) In addition to the extent of liability under(a)and(b),the Company will also pay terminate, including any liability or obligation to defend, prosecute.or continue any those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 litigation,with regard to the matter or matters requiring such cooperation and 7 of these Conditions. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to 9. LIMITATION OF LIABILITY produce for examination, inspection, and copying, at such reasonable times and (a) If the Company establishes the Title, or removes the alleged defect, lien, or places as may be designated by the authorized representative of the Company, all encumbrance,or cures the lack of a right of access to or from the Land,or cures the records, in whatever medium maintained, including books, ledgers, checks, claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether method, including litigation and the completion of any appeals, it shall have fully bearing a date before or after Date of Policy,that reasonably pertain to the loss or performed its obligations with respect to that matter and shall not be liable for any damage Further, if requested by any authorized representative of the Company, the loss or damage caused to the Insured Insured Claimant shall grant its permission, in writing, for any authorized (b) In the event of any litigation, including litigation by the Company or with the representative of the Company to examine, inspect,and copy all of these records in Company's consent, the Company shall have no liability for loss or damage until the custody or control of a third party that reasonably pertain to the loss or damage there has been a final determination by a court of competent jurisdiction, and All information designated as confidential by the Insured Claimant provided to the disposition of all appeals,adverse to the Title,as insured Company pursuant to this Section shall not be disclosed to others unless, in the (c) The Company shall not be liable for loss or damage to the Insured for liability reasonable judgment of the Company, it is necessary in the administration of the voluntarily assumed by the Insured in settling any claim or suit without the prior claim. Failure of the Insured Claimant to submit for examination under oath,produce written consent of the Company. any reasonably requested information. or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF prohibited by law or governmental regulation, shall terminate any liability of the LIABILITY Company under this policy as to that claim. All payments under this policy,except payments made for costs,attorneys'fees,and expenses,shall reduce the Amount of Insurance by the amount of the payment. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY 11. LIABILITY NONCUMULATIVE In rase of a claim under this policy,the Company shall have the following additional The Amount of Insurance shall be reduced by any amount the Company pays under options, any policy insuring a Mortgage to which exception is taken in Schedule B or to which the (a) To Pay or Tender Payment of the Amount of Insurance. Insured has agreed, assumed,or taken subject, or which is executed by an Insured after To pay or tender payment of the Amount of Insurance under this policy together with Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were deemed a payment to the Insured under this policy. authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay 12. PAYMENT OF LOSS Upon the exercise by the Company of this option,all liability and obligations of the When liability and the extent of loss or damage have been definitely fixed in Company to the Insured under this policy,other than to make the payment required accordance with these Conditions,the payment shall be made within 30 days. in this subsection, shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the (a) Whenever the Company shall have settled and paid a claim under this policy,it Insured Claimant shall be subrogated and entitled to the rights of the Insured Claimant in the Title and (i) To pay or otherwise settle with other parties for or in the name of an all other rights and remedies in respect to the claim that the Insured Claimant has Insured Claimant any claim insured against under this policy. In addition,the against any person or property, to the extent of the amount of any loss, costs, Company will pay any costs, attorneys' fees, and expenses incurred by the attorneys'tees,and expenses paid by the Company. If requested by the Company, Insured Claimant that were authorized by the Company up to the time of the Insured Claimant shall execute documents to evidence the transfer to the payment and that the Company is obligated to pay,or Company of these rights and remedies. The Insured Claimant shall permit the (ii) To pay or otherwise settle with the Insured Claimant the loss or damage Company to sue,compromise,or settle in the name of the Insured Claimant and to provided for under this policy, together with any costs, attorneys' fees. and use the name of the Insured Claimant in any transaction or litigation involving these Policy Page 3 rights and remedies. (d) Each endorsement to this policy issued at any time is made a part of tlrs policy If a payment on account of a claim does not fully cover the loss of the Insured and is subject to ail of its terms andpmvisions. Except as the endorsement expressly 1 Claimant,the Company shall defer the exercise of its right to recover until after the states,it does not(i)modify any of the terms and provisions of the policy,fii)of Insured Claimant shall have recovered its loss any prior endorsement,(iii)extend the Date of Policy,or(m)increase the Amount of (b) The Company's right of subrogation includes the rights of the Insured to Insurance indemnities, guaranties, other policies of insurance, or bonds,notwithstanding any terms or conditions contained in those instruments that address subrogation rights 16. SEVERABILITY In the event any provision of this policy, In whole or in part, is held invalid or 14. ARBITRATION unenforceable under applicable law, the policy shall be deemed not to include that Either the Company or the Insured may demand that the claim or controversy shall provision or such part held to be invalid,but all other provisions shall remain in full force be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American and effect Land Title Association('Rules"), Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons Arbitrable matters may 17. CHOICE OF LAW; FORUM include, but are not limited to, any controversy or claim between the Company and the (a) Choice of Law: The Insured acknowledges the Company has underwritten the Insured arising out of or relating to this policy,any service in connection with its issuance risks covered by this policy and determined the premium charged therefor in reliance or the breach of a policy provision,or to any other controversy or claim arising out of the upon the law affecting interests in real property and applicable to the interpretation, transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance rights, remedies, or enforcement of policies of title insurance of the jurisdiction is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. where the Land is located All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 shall be Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the arbitrated only when agreed to by bath the Company and the Insured. Arbitration pursuant Land is located to determine the validity of claims against the Title that are adverse to this policy and under the Rules shall be binding upon the parties Judgment upon the to the Insured and to interpret and enforce the terms of this policy In neither case award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. shall the court or arbitrator apply its conflicts of law principles to determine the applicable jaw. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (b) Choice of Forum Any litigation or other proceeding brought by the Insured (a) This policy together with all endorsements, it any, attached to it by (he against the Company must be filed only in a state or federal court within the United Company is the entire policy and contract between the Insured and the Company In States of America or its territories having appropriate jurisdiction interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of lass or damage that arises out of the status of the Title or by any 18. NOTICES, WHERE SENT action asserting such claim shall be restricted to this policy Any notice of claim and any other notice or statement In writing required to be given (c) Any amendment of or endorsement to this policy must be in writing and to the Company under this policy must be given to the Company at 1 First American Way, authenticated by an authorized person, or expressly incorporated by Schedule A of Santa Ana,CA 92707,Ago Claims Department. this policy POLICYOF TITLEINSURANOE Policy Page 4 236829 Fee $0.00 Page 1 of 1 Return to: Jackson,Murdo&Grant,P.C. JEFFERSON COUNTY Recorded 4/12/2010 At 3:00 PM C' o6.[C.K,J 203 North Ewing BONNIE RAMEY, Clerk and Recorder Helena,MT 59601 B[_ eput yP� ✓ii -7; sA GRANT DEED For Value Received, DOLORES B. PIPER, also know as DOLORES I. PIPER, and DOLORES I. PIPER AS TRUSTEE OF THE JAMES H. PIPER BYPASS TRUST, the Grantor, does hereby grant, bargain, sell and convey unto JEFFERSON COUNTY. Montana, the Grantee, the following described premises in Jefferson County, Montana, to-wit: Tract J of Certificate of Survey Number 235575, Folio 905B, located in the NE t/ of Section 14, Township 3 North, Range 7 West, P.M.M., Jefferson County, Montana. Together with Grantor's non-exclusive rights of access to the above-described property, if any, described in: a Roadway Right- _ of-Way described in Book 80 pages 104-110 of the records of the Butte/Silver Bow County, Montana, Clerk and Recorder's office, with all Riders appertaining thereto; those Right-of-Way Easements described in Book 80 Deeds, page 52, t04, and 108, Book 78, page 347, Book 79, page 242 of the records of the Jefferson County, Montana Clerk and Recorder's office; and FAA access road described in Book 138 Deeds, page 582-587 in Jefferson County, Montana, Clerk and Recorder's officer TO HAVE AND TO HOLD the said premises, with their appurtenances and access rights unto the said Grantees, and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee that they are the owners in fee simple of said premises; that the premises is free from all encumbrances, except for easements and rights-of-way of record. J Dated: Dolores B. Piper, aka, Dolgy s I. Piper, and Dolores I. Piper as Trustee of the James H. Piper Bypass Trust STATE OF CALIFORNIA ) :ss County of ) On this S�day of 2010,before me, the undersigned, a Notary Public in and for said State, personally appeared bOLORES B. PIPER, provided to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within and foregoing instrument as Trustee of the James H. Piper Bypass Trust, and acknowledged to me that she executed the same as said Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. S (Signal e) (SEAL) - ° -__—�- �h�EiRL SHEETALSEHGAL [ ,K Commissicn # 180709? zg (Printed Name) Notary Public -California Notary Public for the State of CA�- _ ^S eta San Matra CAug 1'1, Residing at j- Mv Comm.Cxpires AoQ2012 g My commission expires: O ) � ra � � r d