Document Moscow_doc_6bc7dd79af

"tiV.RD v WARRANTY DEED . For Value Received, Helene Rogalski, a single person 'the Grantor, hereby grants, bargains, sells, conveys and warrants unto City of Moscow, Idaho, a municipal corporation of the state of Idaho the Grantee, whose current address is: P.O. Box 9203 Moscow, Idaho 83843 the following described premises, located in Latah County State of Idaho to wit: 565480 NO. . Û .AT_WE Rf.Q.̓S I OF: LATAH COUNTY TlTtE Dv& é r SUSAN PE 1 E RS'EN t=EES /ê sv.: L.<\TAH CO UNTY E RD ER I A parcel of land located in the SE1 /4NE1/4 of Section 7, Township 3 9 North, Range 5 West, B.M., described as follows: COMMENCING at the northeast corner of Section 7, from which the N l /4 corner bears S. 87°17'04" E 2643 .29 feet; thence S. 17°41 '03" 1 945 . 5 1 feet to a point being the intersection of the south right of way line of Morton Street and the east right of way line of the former Burlington Northern Railroad; thence along said east right of way line S. 00°46'42" 6 1 3 .73 feet to a point on the east line of Parcel 1 described in Instrument No. 370444 and the POINT OF BEGINNING; thence continuing along said east right of way line, S. 00°46'42" 204.84 feet to the southeast corner of said parcel; thence along the south line of said parcel, S. 87°3 l '06" 1 00.04 feet to the west line of said parcel and to the west right of way line of said railroad; thence along said west line, N. 00°46'42" 241 .26 feet; thence S . 72°1 7'01" 1 05 .44 feet to the POINT OF BEGINNING. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, including all water and water rights, ditch and ditch rights. SUBJECT to reservations in United States Patent, restrictive covenants, existing and recorded rights­ of-way and easements, zoning and building ordinances, and taxes and assessments as prorated between the parties hereto. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee successors, heirs and assigns forever. Said Grantor does hereby covenant to and with said Grantee, that lhe Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except as hereinabove set forth and that Grantor will warrant and defend the same from all lawful claims whatsoever. File Number: 56150 Warranty Deed LTR Page I of2 z_olY- 32- ---PAGE BREAK--- Dated this j_'l day of May, 20 1 4. j &akl - ' Heterre Rogalski STATE OF IDAHO ) ) SS. COUNTY OF LATAH ) 565480 On this \ day of May, 2014. before me, the undersigned, a Notary Public, in and for said State, personally appeared Helene Rogalski, known to me, and/or identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. WITNESS MY HAND AND OFFICIAL SEAL. _ (J Notary Public: _Dh.el_]_GbJ Residing a . . oscow 0 My commission expires 31 \C\,/2.C>Z.u File Number: 56150 Warranty Deed L TR Page 2 of2 ---PAGE BREAK--- Latah County Title Conipany May 15, 2014 City of Moscow PO Box 9203 Moscow, ID 83843 RE: Comm. No: 56150 106 E. Second Street P.O. Box 8924 :tvlosco"W",ldaho 83843 [PHONE REDACTED] [PHONE REDACTED] - fax Enclosed you will find Owner's Policy of Title Insurance 5011400-0829760e and Warranty Deed recorded under Recorder's Fee No. 565480. Please contact us if you have questions regarding your policy. Thank you. %heid encl ---PAGE BREAK--- . I " T·U/i-!VW I First American Title Owner's Policy of Title Insurance I ISSUED BY First American Title Insurance Company POLICY NUMBER Owner's Policy 5011400-0829760e 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 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8, AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company"} insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from A defect in the Title caused by forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii} failure of any person or Entity to have authorized a transfer or conveyance; (iii} a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv} failure to perform those acts necessary to create a document by electronic means authorized by law; a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi} a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii} a defective judicial or administrative proceeding. The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The tenn "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company + \\1lE INsb . - ȷ ; ̿ . i ̽ : • Ö × Den‹1s J. Gilmore : ȵ : Ԇ • Ô President ȹcc:- c:0ȸ ; SEPTEMBER 24 : a: : * · ' f'fl • • • -0 : ̾ 1968 : ȶ : . . . ç · . . \ *c · · * : 4 LI FOR"'" - · · ԅ T' 1mothy Kemp Secretary (This Policy is valid only when Schedules A and B are attached) For Reference: File#: 56150 Issued By: Latah County Title Company 106 East Second Street Moscow, ID 83843 This Jacket was created electronically and constitutes an original document Copyright 2006·2009 American Land Title Association. All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Form 5011400 (8-1-09) Page 1of5 ALTA Owner's Policy of Title Insurance (6-17-06) ---PAGE BREAK--- Policy#: 5011400-0829760e COVERED RISKS (Continued) 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to the occupancy, use, or enjoyment of the Land; the character, dimensions, or location of any improvement erected on the Land; the subdivision of land; or environmental protection if 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 power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters created, suffered, assumed, or agreed to by the Insured Claimant; not Known to the Company, not recorded in the Public Form 5011400 (8-1-09) Page 2 of 5 Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy. resulting in no loss or damage to the Insured Claimant; attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is a fraudulent conveyance or fraudulent transfer; or a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental 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 shown in Schedule A. ALTA Owner's Policy of Title Insurance (6-17-06) ---PAGE BREAK--- Policy#: 5011400-0829760e CONDITIONS 1. DEFINITION OF TERMS The following tenns when used in this policy mean: "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. "Date of Policy": The date designated as "Date of Policy" in Schedule A. "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. "Insured": The Insured named in Schedule A. The tenn "Insured" also includes successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; successors to an Insured by its conversion to another kind of Entity; a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, if the grantee wholly owns the named Insured, if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to and reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": An Insured claiming loss or damage. (Ó "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice Form 5011400 (8-1-09) Page 3 of 5 of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. 0) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company in writing 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 that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. AL TA Owner's Policy of Title Insurance (6-17-06) ---PAGE BREAK--- Policy#: 5011400-0829760e The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. 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 determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant 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 Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. Form 5011400 (8-1-09) Page 4 of 5 CONDITIONS (Continued) 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, the Amount of Insurance shall be increased by 10%, an (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. In addition to the extent of liability under and the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. ALTA Owner's Policy of Title Insurance (6-17-06) ---PAGE BREAK--- Policy#: 5011400-0829760e 9. LIMITATION OF LIABILITY If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. In the event of any litigation, including 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, adverse to the Title, as insured. The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIA BILITY 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. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Form 5011400 (8-1-09) Page 5 of 5 CONDITIONS (Continued) Insurance Arbitration Rules of the American 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 include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator{s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT 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 First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, CA 92707. Phone: [PHONE REDACTED]. ALTA Owner's Policy ofTitle Insurance (6-17-06) ---PAGE BREAK--- ilrr. MI!'• / Owner's Policy of Title Insurance $ First American Title ISSUED BY PQ2W::: First American Title Insurance Company Schedule A Policy Number 5011400-0829760e Name and Address of the Title Insurance Company: First American Title Insurance Company, 1 First American Way, Santa Ana, CA 92707 File Number: 56150 Address Reference: Amount of Insurance: $50,000.00 Premium: $473.00 Date of Policy: May 13, 2014 at 11 :26 AM 1. Name of Insured: City of Moscow, Idaho, a municipal corporation of the State ofldaho 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: City of Moscow, Idaho, a municipal corporation of the State ofldaho 4. The Land referred to in this policy is described as follows, County of Latah, State of Idaho, to­ wit: See legal description contained on Continued Schedule A. By: / 6'ì<2 /aS Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) ---PAGE BREAK--- CONTINUED SCHEDULE A Escrow Number: 56150 LEGAL DESCRIPTION A parcel of land located in the SE1/4NE1/4 of Section 7, Township 39 North, Range 5 West, B.M., described as follows: COMMENCING at the northeast comer of Section 7, from which the N l /4 comer bears S. 87°17'04" 2643.29 feet; thence S. 17°41 '03" 1945.51 feet to a point being the intersection of the south right of way line of Morton Street and the east right of way line of the former Burlington Northern Railroad; thence along said east right of way line S. 00°46'42" 613.73 feet to a point on the east line of Parcel 1 described in Instrument No. 370444 and the POINT OF BEGINNING; thence continuing along said east right of way line, S. 00°46'42" 204.84 feet to the southeast comer of said parcel; thence along the south line of said parcel, S. 87°3 l '06" 100.04 feet to the west line of said parcel and to the west right of way line of said railroad; thence along said west line, N. 00°46'42" 241.26 feet; thence S. 72°17'01" 105.44 feet to the POINT OF BEGINNING. Fo rm 5011400-A (8/1/09) Page 2 of 2 AL TA Owner's Policy (6-17-06) Schedule A ---PAGE BREAK--- - . 'C A. e I Owner's Policy of Title Insurance ) First American Title ISSUED BY First American Title Insurance Company Schedule B Policy Number 5011400-0829760e EXCEPTIONS FROM COVERAGE File Number: 56150 This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees or expenses that 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 easement 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims, or title to water whether or not the matters excepted under or are shown by the public records. 6. Any lien, or rights to a lien, for services, labor or material, theretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Taxes for the year 2014 in process of assessment, a lien not yet due or payable. 8. Easement to the City of Moscow, as more fully set out in that certain Easement recorded under Recorder's Fee No. 275774. 9. Reservations and conditions, as more fully set out in that certain Quitclaim Deed recorded under Recorder's Fee No. 370444. 10. Easement to the Washington Water Power Company, as more fully set out in that certain Combination Electric and Natural Gas Right of Way Easement recorded under Recorder's Fee No. 395481. 11. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey recorded under Recorder's Fee Nos. 550428, 558736 and 564118, 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). Fo rm 5011416-B (8/1/09) Page 1 of 1 AL TA Owner's Policy (6-17-06) Idaho - Schedule B - (Standard) ---PAGE BREAK--- Latah County Title Company First American Title PRIVACY INFORMATION WE ARE COMMITTED TO SAFEGUARDING CUSTOMER INFORMATION In Clrder 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 informaUon - 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 wilh our subsidiaries we have adopted !his Privacy Polley to govern the use and handling of your personal information. APPLICABILITY This Privacy Policy governs our use of the information that 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 its source. First American calls these guidelines its Fair Information Values. 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; Information about your transactions with us, our affiliated companies, or others; and 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 nonaflnlated parties. except: as necessary for us to provide the product or service you have requested of us; or as permitted by law. We may, however, store such informallon indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose. such as qua lily control efforts or customer analysis. We may also provide all of the types of nonpublic personal Information listed above to one or more or our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty Insurers, and ITUsl and investment advisory companies, or companies involved in real estate services. such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. FORMER CUSTOMERS Even if you are no longer our customer, our Private 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 individua.ls and entities who need to know that informallon to provide products or servlces 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 lnformatlon. IN FORMATION OBTAINED THROUGH OUR WEB SITE First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' web sites on the World Wide Wed without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific accounVprorile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. BUSINESS RELATIONSHIPS First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. COOKIES Some of First American's Web sites may make use of 'cookie' technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. http://www.firstam.com uses stored coolies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. FAIR INFORMATION VALUES Fairness • We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record - We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use - We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy - We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying lhe source of the erroneous data so that the consumer can secure the required corrections. Education - We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security - We will maintain appropriate facilities and systems lo protect against unauthorized access to and corruption of the data we maintain. Form 50 - Priva cy (09/0 1 /201 0) Privacy Information (2001 -201 0 First American Financial Corporation) ---PAGE BREAK--- 5/9/1 4 1 2:27 PM Ԅ - OMB No. 2502-026 / A. U.S. Department of Housing and Urban Development 1 [ ) FHA 4 [ ) VA B. Type of Loan 2. [ ) RHS 3 [ ] Conv Unins 5. [ ] Conv. I ns. 1110111 . :i 11 " ' 6. File Num ber Loan Number 561 50 Settlement Statement (HUD-1 ) 8. Mortgage Ins. Case No. C. Note: This form is fu rnished to give you a statement of actual settlement costs Amounts paid to and by the settlement agent are shown. Items marked ("POC") were paid outside the closing: they are shown here for information purposes and are not included in the totals. D. Name & Address of Borrower: City ofMoscow, c/o Bill J Belknap, 221 E. Second Street, Moscow, ID 83843 E. Name & Address of Sel ler: Helene Rogalski, 402 N. Monroe Street, Moscow, ID 83843 F. Name & Address of Lender: G. Property Location: The Southeast 1 /4 of the Northeast 1 /4 of Section 7, Township 39 North, Range 5 West. Latah County, Idaho n/k/a H. Settlement Agent: Latah County Title Co. (208) 882-4822 Place of Settlement: 1 06 E. Second Street, Moscow, ID 83843 I. Settlement Date: 5/1 2/201 4 Proration Date: 5/1 2/201 4 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 1 00. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 1 0 1 . Contract sales price 50, 000 00 401 . Contract sales price 1 02. Personal property 402. Personal property 1 03. Settlement charges to borrower (line 1 400) 87.50 403. 1 04. 404. 1 05. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 1 06. City/town taxes 406. City/town taxes 1 07. Cou nty taxes 407. Cou nty taxes 1 08. Assessments 408. Assessments 1 09. 409. 1 1 0. 410. 1 1 1 . 41 1 . 1 1 2. 41 2. 1 20. Gross Amount Due from Borrower: 50,087.50 420. Gross Amount Due to Seller 200. Amounts Paid by or in Behalf of Borrower 500. Reduction in Amount Due to Seller 201 . Deposit or earnest money None 501 . Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 1 400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 2nd 1 /2 201 3 Taxes to Treasurer 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 2 1 0. City/town taxes 5 1 0. City/town taxes 21 1 . Cou nty taxes 1/1/20 1 4 to 5/1 2/201 4 1 70 48 51 1 . County taxes 1 / 1 /201 4 to 5/1 2/201 4 212. Assessments 51 2. Assessments 213. 513. 214. 514. 2 1 5. 5 1 5. 2 1 6 . 516. 217. 517. 218. 518. 219. 519. 220. Total Paid by/for Borrower 1 70.48 520. Total Reduction A mount Due Seller: 300. Cash at Settlement from/to Borrower 600. Cash at Settlement to/from Seller: 301 . Gross amount due from borrower (line 1 20) 50,087.50 601 . Gross amount due \o seller (line 420) 302. Less amount paid by/for borrower (line 220) 1 70.48 602. Less total reduction in amount due seller(line 520) 303. CASH (X)FROM ()TO BORROWER 49,9 1 7.02 603. CASH ()FROM (X)TO SELLER SUBSTITUTE FORM 1099 SELLER STATEMENT - The information contained in Blocks E , G. H and I and on line 401 (or. if line 401 is asterisked. lines 403 and 404). 406. 407 and 408-41 2 (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 SELLER INSTRUCTION - If this real estate was your principal residence, file form 21 1 9, Sale or Exchange of Principal Residence, for any gain. with your income tax return: for other transactions, complete the applicable parts of form 4797, Form 6252 and/or Schedule D (Form 1 040) You are required by law to provide Latah County Title Co (208) 882-4822 with your correct taxpayer identification number If you do not provide Latah County Title Co. (208) 882-4822 with your correct taxpayer identification number, you may be subject to civil or criminal penalties The Public Reporting Burden for this collection of information is estimated at 35 minutes per response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured: this disclosure is mandatory This is designed to provide the parties to a RESPA covered transaction with information during the settlement process, ---PAGE BREAK--- L SettJement Charcies 5/9/14 1 2:27 PM File Number: 561 50 700. lotal Real Estate Broker Fees Paid From Paid From Division of commission (line 700) as follows: Borrower's Seller's 701 . Funds at Funds at 702. Settlement Settlement 703. Commission paid at settlement 0.00 704. 705. 800. Items Payable in Connection with Loan 801 . Our origination charge (from GFEl/ 1 ) 802. Your credit or charge (points) for specific interest rate chosen (from GFE/12) 803. Your adjusted origination charges (from GFE 0.00 804. Appraisal fee (from Gff/13) 805. Credit report (from GFE#3) 806. Tax service (from GH:ll3) 807. Flood certification (from GFE/13) 808. 809. 8 1 0. 81 1 . 8 1 2. 900. Items Required by Lender to Be Paid in Advance 901 . Daily interest charges (from 902. Mortgage insurance premium (from Gff/13) 903. Homeowner's insurance poc (from GF1:111 1 ) 904. 905. 1 000. Reserves Deposited with Lender 1 00 1 . Initial deposit for your escrow account (from GFEll9) 0, 00 1 002. Homeowner's insurance 1 003. Mortgage insurance 1 004. City property taxes 1 005. County property taxes 1 006. Annual Assessments (ma int.) 1 007. 1 008. 1 009. Aggregate Adjustment 1 1 00. Title Charges 1 1 01 . Title services and lender's title insurance (from GFEllll) 0.00 1 1 02. Settlement or closing fee to Latah County ' 87 50 1 1 03. Owner's title insurance to Latah County Title Co. (from GFl:/15) 0.00 1 1 04. Lender's title insurance 1 1 05. Lender's title policy limit 1 1 06. Owner's title policy limit $50,000.00 1 1 07. Agent's portion of the total title insurance premium $41 6.24 1 1 08. Underwriter's portion of the total title insurance premium $56.76 1 1 09. Agent Name: Latah County Title Co. 1 1 1 0. Underwriter Name:Firś First American Title Insurance Co. 1 1 1 1 . Endorsement(s): 8 1 -06; 22-06; 9-06 1 1 1 2. Courier Fee(s) 1 1 1 3 . Wire Fee(s) 1 1 14. Reconveyance Fee(s) 1 200. Government Recording and Transfer Charges 1 201 . Government recording charges (from ClFE/17) 0, 00 1 202. Deed/Mortgage/Release Deed $ 1 3.00 1 203. Transfer taxes (from GFEllB) 0.00 1 204. City/Cou nty tax/stamps 1 205. State tax/stamps 1 206. 1 300. Additional Settlement Charges 1 30 1 . Required services that you can shop for (from 0,00 1 302. 1 303. 1 304. 1 305. 1 400. Aal settleme.wynarg.,,,.,.._ntered on lines 1 03, section J and 502, section K) 87.50 r'f!j_O"# HUD-' · my knowledge and belief, it is a true and accurate statement of all receiptQ se:nts d.e æ ccoun r by OiQh.transaction I furtr 1ed a copy of HUD-1 Settlement Statement -ԃ R̼ - , r Helene Rogalski ---PAGE BREAK--- 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 under's1gned as part of the settlement of th rs transaction. fr P -KL{Ml'L_(/N'1 _ Latah Couä Title Co Date SELLER'S AND/OR BORROWER'S STATEMENT Seller's and BorroweĒs signature hereon acknowledges his/their approval of tax prorations and signifies their underslanding that prorations were based on taxes for thԂ preceding year, or estimates for the current year, and in the event of any change for the year, all necessary adjustments must be made between Seller and Borrower: likewise any default in delinquent laxes will be reimbursed to Title Company by the Seller Title Company, in its capacity as Escrow /\gent, is and has been authorized to deposit all funds it receives in this transaction in any financial institution, wē1ethcr affiliated or nol Such financial institution may provide Title Company computer accounting and audit services directly or nirough a separate entity which, if affiliatGd with Title Company, may charge the financial inst1tulion reasonable and proper compensation therefore and retain any profits therefrom /\ny escrow fees paid by any party involved in this transaction shall only be for checkwriting and input to the computers, but not for aroresaid accounting and audit services Title Company shall not be liable for any or other charges on the earnest money and shall be under no duty to invest or funds r1cld by 1! at any lime Sellers and Borrowers hereby acknowledge and consent to the deposit of the escrow money in financial institutions with which Title Company has or may have other banking relationships and further consent to the retention by TitlG Company and/or its affiliates of any and all benefits (including advantageous interest rates on loans) Title Company and/or its affiliates may receive from such financial institutions by s recognize that the recitations herein are material. agree to same, and recognize Title Company is relying on the same ; 7 t Sellers Helene Rogalski 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 and imprisonment For details see: Title 1 8: U S Code Section 1 001 and Section 1 0 1 0. POC(B) represents paid outside of closing by borrower. POC(S) represents paid outside of closing by the seller, POC(L) represents paid outside of closing by lender, and POC(M) represents paid outside of closing by mortgage broker. ---PAGE BREAK--- LATAH COUNTY CLOSING COMP ANY 1 06 E. SECOND STREET MOSCOW, IDAHO 83 843 CLOSING ESCROW INSTRUCTIONS ORDER NO. 56150 DATE OPENED : 4/28/20 1 4 4:0 1 :43 P M BUYERS : City o f Moscow, Idaho. a munici pal corporation of the state o f Idaho TO : LATAH COUNTY CLOSING CO., MOSCOW, !DAI-IO 83 843 D/B/A FIRST AMERICAN TITLE I hereby agree to purchase the hereinafter described property for a total consideration of $50,000.00 and will on or before May 1 2. 20 1 4 hand you said consideration, which is payable as follows: Balance in good funds at closing. I will deliver to you any add itional funds and execute any instruments whil arc necessary to comp ly with the terms hcrcolm al l of which you may use when you hold for me a Warranty 1:£ed from Helene Rogalski. a s ingle person to C ity of' Moscow, Idaho. a munic ipal corporation of the state of ldaho, and when you can issue your standaid coverage form policy of title insurance w ith l iabi l ity ofS50,000.00, on the property described on attached Order No. 56 1 5 0 SI-I OWING TITLE VESTED IN City of Moscow, Idaho. a municipal corporation o r the state of !daho FREE OF ENCUMBRANCES EXCEPT: 1 . Paragraphs 1 - 1 2 of Schedule B Section 2 Part I of Commitment for Title Insurance Order No. 5 6 1 50, a copy of which is attached, reviewed and approved. OTHER INSTRUCTIONS : PRO-RATE AND/OR ADJUST TI-IE FOLLOWING AS OF: May 1 2. 20 1 4 1 . Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of escrow, or an estimate from the Tax Collector for the current year. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any, will be adj usted by the parties herein outside of escrow). Sellers are to forward to buyers any present or future tax bills on property herein. 2. Levies and assessments o f: 3 . Interest o n all existing trust deeds, improvement assessments and/or bonds taken over by buyers. 4. Rental per rent statement handed you. 5. Charge the buyer and credit the seller the amount of any funds held in an impound account, if any, in connection with an existing Joan. I hereby agree to hold you harmless from any discrepancy in the amounts owed for Solid Waste. I understand that an attempt was made by you to receive and provide the correct, current status ot' S o l i d Waste from the County; however the information received by you may not be complete. Any balance determined to be remaining owed will be handled outside of closing between buyer and seller. I hereby agree to further hold you harmless for failure of the transfer of water billing or utilities to r regardless of the reason or cause. If the transfer of water or utilities is being done as a part of this closing, they are done as an accommodation only for me. I understand that you have not made a search of the water rights to this land, and I further understand that you are not making any representation and warranty concerning said water rights. I hereby agree to pay any charges including usual Buyers escrow fee and any advances and expenses that are properly chargeable to me regardless of the consummation o f this escrow. At the close of escrow, you are to deliver all documents, etc., to the persons entitled thereof. File No: 56 1 50 - Closing Escrow ---PAGE BREAK--- GENERAL PROVISIONS All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you may hold funds as otherwise instructed herein. The expression "close of escrow'' means the date on which instruments referred to herein arc filed for record unless otherwise indicated herein. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. You are authorized to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow, to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers, or attorneys. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto j ointly and severally agree to pay all costs, damages, and expenses, including reasonable attorney' s fees suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver to escrow agent a written notice to the other party and escrow agent demanding that said other party comply with the terms hereof within ten days from the receipt of said notice by escrow agents that these instructions shall hereupon become cancelled. When the written notice is delivered to escrow agent by the party so electing to cancel, escrow agent shall within five clays thereafter send a copy of said notice to the other party in the manner provided by law and the usual practices o 1· the escrow agent. In the event said other party shall fail within said ten day period to comply with all the terms hereof, these instructions shall become cancelled and escrow agent is thereupon authorized; first, to pay the party electing to cancel any earnest money deposited hereunder by said other party, after deducting any charges; second, to pay to said other party; any other money deposited hereunder by said other party, after deducting any charges remaining unpaid; ( c) third, to pay to the party electing to cancel, any money deposited by said party, after c1educting any charges remaining unpaid; and fourth, to accept documents executed by more than one party;, which shall be marked "cancelled" and retained in the files of escrow agent. Both seller and buyer acknowledge by their signatures hereon the following : I have been specifically informed that First American Title Company (hereafter designated as "First American") is not licensed to practice law and no legal advice has been offered by First American or any of its employees. I have been further informed that First American is acting only as cscrowholder and that it is forbidden by law from offering any advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized, and that it bas not done so. I have not been re ferred by First American to any named attorney or attorneys or discouraged from seeking advice of any attorney, but have been requested to seek legal counsel of my own choosing at my own expense, if I have doubt concerning any aspect of this transaction. File No: 56 1 - Closing Escrow l nslruclions ---PAGE BREAK--- I further declare all instruments to which I am a party, if prepared by First American, have been prepared under the direction of my attorney or myself and particularly declare that copying legal descriptions from title reports onto forms of deeds, etc., or reforming or legal descriptions or agreements is, or will be solely at my direction or request. I have been afforded adequate time and opportunity to read and understand these escrow instructions and all other documents referred to therein. DISCLOSURE Of TAXPAYER I DENTIFICATION NUMBERS Internal Revenue Code Section 6 I 09(h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns to a residential real estate transaction involving scller­ provided financing. The parties understand that the disclosure reporting requirements arc ex cl usi ve obligations between the parties to this transaction and First American is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American is not rendering an opinion concerning the effect of this law in this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize First American to release any party' s taxpayer identification number to any requesting party who is a party to this transaction. The requesting party shall deliver a written request to escrow. The parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American harmless against any fees, costs or judgments incurred and/or awarded in connection with the release of taxpayer identification numbers. PENALTIES Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide the information. Any amendments of and/or supplement to any instructions must be in writing. If any "Earnest Money Agreements", "Receipt and Agreements to Purchase" or the like are attached to these instructions and one or more terms of said agreements conflict with or vary from these instructions, these instructi ons shall, nevertheless, control. The undersigned parties herein acknowledge that all conditions of the Purchase and Sales Agreement have been met. The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof. O ' iãned at: J / - I h1s t.:¥J...ctay of May, 20 1 4 n/k/a File No: 56 1 - Closing Escrow Instructions JJ'(' - - - - ---PAGE BREAK--- I/We approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you papers, instructions and/or funds required from me within the time limits specified herein, which you are authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances of record necessary, without further approval including prepayment penalties to show title as herein provided. I/We agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for any account regardless of the consummation of this escrow. I/we also agree to pay the policy of title insurance premium and recording fees which arc properly chargeable to me/us. The undersigned paiiies herein acknowledge that all conditions of the Purchase and Sales Agreement have been met. At the close of this transaction, you are authorized to pay commission as follows: $3 ,000.00 Sale of principal residence: YES NO Signed at: , - - - - - - - - - ­ This VV day of May, 20 1 4. " r'L- File No: 56 1 50 - Closing Escrow Instructions / ---PAGE BREAK--- A M E If 1 ! First American Title Sched u le A Title Insurance Commitment ISSUED BY Latah Cou nty Title Company UNDERWRITTEN BY First American Title Insurance Company 1. Commitment Date: April 29, 2 0 14 at 5:00 p.m. 2. PoJicy or PoJicies to be issued: AL TA Owner's Policy - S tan dard Coverage Form 5 0 1 1400 1/09) Proposed Insured: Amount: Premium: City of Moscow, Idaho, a municipal corporation of the State of Idaho ALTA Loan Policy - NONE FiJe No. : 5 6 1 5 0 $ 5 0,000.00 $473 .00 3. A fee simple interest i n the ]and described i n this Commitment is owned, a t the Commitment Date, by: H.elene Rogalski, a single person 4. The ]and referred to in the Commitment is situated in the County of Latah, State of Idaho, and described as follows: See legal description contained on Continued Schedule A. The records of the Latah County Tax RoHs disclose the above property address as: n/k/a By: / 6'=cz /cLN Authorized Countersignature (This Schedule A valid only when Schedule B is attached.) Form 501 1 000-A (5/01 /1 1 ) Page 1 of 1 AL TA Plain Language Commitment (6-1 7-06) Schedule A ---PAGE BREAK--- Order Number: 561 50 CONTINUED SCHEDULE A Legal Description The land referred to herein is situated in the State of Idaho, County of Latah and is described as follows : A parcel of land located in the SE1 /4NE I/4 of Section 7, Township 3 9 North, Range 5 West, B.M., described as follows: COMMENCING at the northeast corner of Section 7, from which the N l /4 corner bears S . 87° 1 7' 04" 2643 .29 feet; thence S . 1 7°4 1 '03" 1 945 .5 1 feet to a point being the intersection of the south right of way line of Morton Street and the east right of way line of the former Burlington Northern Railroad; thence along said east right of way line S. 00°46'42" 6 1 3 .73 feet to a point on the east line of Parcel 1 described in Instrument No. 370444 and the POINT OF BEGINNING; thence continuing along said east right of way line, S . 00°46'42" 204.84 feet to the southeast corner of said parcel; thence along the south line of said parcel, S . 87°3 1 '06" 1 00.04 feet to the west line o f said parcel and to the west right o f way line o f said railroad; thence along said west line, N. 00°46'42" 24 1 .26 feet; thence S . 72° 1 7'0 1 " 1 05 .44 feet to the POINT OF BEGINNING. File Number: 5 6 1 50 Continued Schedule A Page I of I ---PAGE BREAK--- ' ' ' , ԁ First American Title Sched u le B l Title Insurance Commitment ISSUED BY Latah County Title Company UNDERWRITTEN BY First American Title I nsurance Company REQUIREMENTS File No.: 56150 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) Releases or reconveyances of any items listed on Schedule B, Section II, if applicable to this transaction. f) We will require that a Borrower/Seller Affidavit be signed prior to recording the forthcoming documents. Form 501 1 000-Bl (8/1 /09) Page 1 of 1 ALTA Plain Language Commitment (6-1 7-06) Schedule B l ---PAGE BREAK--- 1; Iii. M ( ,t / . Ԁ r First American Title Title Insurance Commitment ISSUED BY . r.4 - Latah County Title Company UNDERWRITTEN BY Sched u le B i i First American Title Insurance Company EXCEPTIONS FROM COVERAGE File No. : 56150 This policy does not insure against loss or damage, and the Company will not pay costs, attorney's fees, or expenses that 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 easement 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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water, whether or not the matters excepted under or are shown by the public records. 6 . Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. 7. Taxes for the year 20 1 3 are indicated to be $934.34. Payment for the first half was due December 20, 20 1 3 and has been PAID and payment for the second half is due June 20, 2014. Parcel # RPM000000723 l 5 (includes other property) 8. Easement to the City of Moscow, as more fully set out in that certain Easement recorded under Recorder' s Fee No. 275774. 9. Reservations and conditions, as more fully set out in that certain Quitclaim Deed recorded under Recorder's Fee No. 3 70444. 10. Easement to the Washington Water Power Company, as more fully set out in that ce1iain Combination Electric and Natural Gas Right of Way Easement recorded under Recorder' s Fee No. 3 9548 1 . 1 1 . All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey recorded under Recorder's Fee Nos. 550428, 55 8736 and 5641 1 8, but deleting any covenant, condition or restriction indicating a preference, limitation Form 501 1 0 1 6-Bll (8/1 /09) Page 1 of 2 ALTA Plain Language Commitment (6-1 7-06) Idaho - Schedule Bii ---PAGE BREAK--- · 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 3 604(c). 12. Terms and conditions contained in that certain Agreement to Purchase Real Prope1iy Between City of Moscow, Idaho and Helene Rogalski, recorded April 23 , 20 1 4 under Recorder's Fee No. 565 1 33 . INFORMATIONAL NOTES A. As an accommodation and not part of this commitment, no liability is assumed by noting the following conveyances describing all or part of the subject property, which have been recorded within the last 24 months: None B. Other than as shown on Schedule B; we find no Judgment Liens, State Tax Liens, Federal Tax Liens or Child Support Liens of record which attach to the name(s) or interest of the vested owner and/or proposed insured owner /borrower. Form 501 1 01 6-811 (8/1 /09) Page 2 of 2 ALTA Plain Language Commitment (6-17-06) Idaho - Schedule Bii ---PAGE BREAK--- N fd.. 3' Ҫ? fC4' 1"l:S_ .3072!:5 !.Ӝ5DA00 ND. :t&S,7iZ re. rt:.. Nd CU:TCJ..IM OUD NO !.'10351 ' ) G!lӛD'J..L IT!ll": OHI'. C.Ot.lf'M'r' l)ӎONO 2{;.Ӛ£7.l LINE TABLE Ҩ· S!J...Ӂ"C ҹ,Һ l1 S aT3601- )tҽ' 'S On l lt " \'1J.1l u s oi·, w L< H &;30•31 · E 1 1 .00 " s 01·»11:ӕ 1•.S6" l& N O!i"45'46 w l.Q· " N 7?"1'111\' w H.Jf. LS s 77n·o1 · r f0,71 ' SURVEYOR t-IOTES I . o/ ÓÔ Ҥ Ð to pr.c..ch from Out f'Nccl ԇ"'ob- Dc(:C, ln,t. No. ӟ70(<Ӡ. UIÑ Ҭ,.ҭ rҮ AJ.T.on St.•(.o!t t 5::.-ӉL prub. 2. ҩ x! 'b-Ҹ oi Chi:. 5trc.::ӗ Jt× r::iӬ::rӭ tG :Jiӂ Ӄ ;>=lt•Or\!I T 3 9 N , R 5 W, S 7 RECORD OF S U RVEY Part of the SE I /4 of the NE I /4 of Section 7 , T39N, RSW, Boise Meridian L2t.U:: ' I ' bO ffCT ӱ.-u.Ӳ • 5d X 3C' Ӻ . u7 L5 1Cd''2 0 ford ,r..Lr.ir.r.i l!I 10 ! ex JÒ Dcәri',c.d o Dlo.L..!d rw on - N:Y-ӣ.r.iӤ r .md er S:t l'o.J, - - - - Ü- @Ñ1'¥'..xyÙ-...,.M.lni-Ò +fo.J:>dâcx l/'o Sӫ.1on Corr.cr + rwr.:J S-Ӑl 5ut.ilv.!l:on Cor..u S.Jl\o'::y P.d,er;ӆGC N\Ӆr 0.A.TE CO I 4 c l/"i from ROS ln:it Mo. ү5Ұ 20 STATE COUWT't' ID Lo\TN1 AJ..1'40N 5T-HT U6ӝ!1'1T ӞJl2l FROJECl CfiY Of MOSCOW • ROGA!..5rJ PARC EL DRAWN BY MҫD rd 112·kӥ1' Yek>N l5 1 !003 Ӈ..u!,ӈ RC$ 11<5T. NO 5Ҽ20 CCK.һCTIClN ӏW NO • .?"i03e' I COMWV..TION ;>ID OF e..'-51'.MM 1161 NO_ 395...,01 l/"i Ccrn,(d i:-om R05 W.t No 5!>0...2Ҷ This map/plat m ay o r may not be a survey of the land depicted hereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. The company expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. 5\tiie=. 1'ӑ 0a.iӒ.ӓ.uy SGC!l::.1 Ӯ SlӯӰoo,.. l.or<. - - - Ө or ө•lro1 d Ca.'"o.LA;Ӫ - - - - Ӷӷ cf lVӸy ӹ - - - - - - - Ӕ!>Grr.!t't llll!. - SS - 5D,.,.Ury 5cӦlmc · • - • - • - • - • - l'enc.:Jinc BASIS Of BEARJl'GS lhc 6noo kr ҥ Mvryo lӊho Dӧ s.y,W:i, Wn; 2ӖNM.,, Ï Ҳ:-...c.cf'I th(: lo.mҳ f'()rtҴҵ:.t CDrr.!:r Önd 1)4 l/'4. ӽdӾ?,:.1d t>c.onn'3 t-:lӿ N SURVEY RfFERfNCES I. C'Ad.:1m No. 2.Ӵӵ rcr A!r.o'l 5t.red, lҿt. No. 27.577"1. 3. Ҧx:nc;r.:. ICX" T' Stf:rt, ln::it. No 20'.:!972. ӡ.U:lrre.c:!v.Jn Dc::d, N!I 3"\0.!Ӣ1 . 5 Oe.:.d, lll)t. No, 3'7b'i3 ' WҾmrity Deed, fnӋt t.:o 21>927 ӌ- ? lr.,t No =sӍ2e. 0 Lh-ec:.::r-dc:d Slll":'Y LS 1 7'6 9, Q.,.Ӏ11:1 0ұ, lr.sL Na. 30':-:55 10 R05 ln:!;t s:io?.3,, LS J0 2013 Of l ---PAGE BREAK--- WARRANTY DEED For Value Received, Helene Rogalski, a single person the (irantor, hereby grants, bargains, sells, conveys and warrants unto City of Moscow, Idaho, a municipal corporation of the state of ldaho the Grantee, whose current address is: P.O. Box 9203 Moscow, Idaho 83 843 the following described premises, located in Latah County State of Idaho to wit: A parcel of land located in the SE 1 /4NE 1 /4 of Section 7, Township 39 North, Range 5 West, B.M., described as follows: COMMENCING at the northeast corner of Section 7, from which the N l /4 corner bears S. 87° 1 7'04" E. , 2643 .29 feet; thence S . 1 7°4 1 '03" 1 945.5 1 feet to a point being the intersection o f the south right o f way line of Morton Street and the east right of way line of the former Burlington Northern Railroad; thence along said east right of way line S. 00°46'42" 6 1 3 .73 feet to a point on the cast line of Parcel 1 described in Instrument No. 370444 and the POINT OF BEGINNING; thence continuing along said east right of way line, S. 00°46'42" 204.84 feet to the southeast corner of said parcel; thence along the south line o said parccL S . 87°3 1 '06" W . , 1 00.04 feet to the west line o f said parcel and to the west right o f way line o f said railroad; thence along said west line, N. 00°46'42" 24 1 .26 feet; thence S. 72° 1 7'0 1 " 1 05 .44 feet to the POINT OF BEGINNING. TOGETHER WITH all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, including all water and water rights, ditch and ditch rights. SUBJECT to reservations in United States Patent, restrictive covenants, existing and recorded ri ghts­ of-way and easements, zoning and building ordinances, and taxes and assessments as prorated bet ween the parties hereto. TO HA VE AND TO HOLD the said premises, with their appurtenances unto the said (J-rantcc successors, heirs and assigns forever. Said CJ n:mtor does hereby covenant to and with said Grantee, that 1 he Grantor i s the in fee simple of said premises; that said premises are free from all encumbrances except as hereinabove set forth and that Grantor will warrant and defend the same from all lawful claims whatsoever. File Number: 56 1 Warranty Deed LTR !'age I o f 2 ---PAGE BREAK--- . . I Dated this day of May, 20 1 4. 1 adc.1· ' 1=feJer;e Rogalski STATE OF IDAHO COUNTY OF LATAH ) ) SS. ) On this _ill day of May, 20 1 4. before me, the undersigned, a Notary Public, in and for said State, personally appeared Helene Rogalski, known to me, and/or identified to me on the basis of satisfactory evidence. to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same . WITNESS MY HAND AND OFFICIAL SEAL. \ilia - - Notary P bl ic: _oh.e.1-\á_9.--1-6.s:iC\- Residing a . . oscow My commission expires 31 \è/ZL>L.u File Number: 56 1 50 Warranty Deed LTR Page 2 of2