20130108 Title Report 03092015 Order No. Ref No. Guarantee No.
172561 SGW 08001424
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS
OF THIS GUARANTEE,
*� * ** OLD REPUBLIC NATIONAL
� � � TITLE INSURANCE COMPANY
� * * a Corporation, of Minneapolis, Minnesota
* *
herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A,
which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Corporation
400 Second Avenue South, Minneapolis, Minnesota 55401
(612)371-illl
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Countersigned: �'P �r���;�;�-M
By �* � G - Presrdent
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BY �---� Attest J )��� ;�,,�7F •�� Secretary
Sally King,Vali ating Offic r
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Subdivision Guarantee
4 �
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee,the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public
records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings
by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not the
matters excluded under(1)or(2) are shown by the records of the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3)
water rights, claims or title to water,whether or not the matters excluded under(1), (2) or(3)are shown by the public
records.
2. Notwithstanding any specific assurances which are provided in Schedute A of this Guarantee,the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of
the land expressly described in the description set forth in Schedule(A), (C) or in Part 2 of this Guarantee, or title
to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults,tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property,
rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to
the Assured; or(3)which do not result in the invalidity or potential invalidity of any judicial or non-judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal efFect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS 3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any
The following terms when used in the Guarantee mean: action or proceeding to which the Assured is a party,
(a) the"Assured": the party or parties named as the Assured in notwithstanding the nature of any allegation in such action or
this Guarantee, or on a supplemental writing executed by the proceeding.
Company.
(b) "land": the land described or referred to in Schedule(A)or 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
in Part 2, and improvements afFixed thereto which by law ACTIONS; DUTY OF ASSURED CLAIMANT TO
constitute real property. The term "land" does not include any COOPERATE
property beyond the lines of the area described or referred to in
Schedule (A) or in Part 2, nor any right,title, interest, estate or Even though the Company has no duty to defend or prosecute
easement in abutting streets, roads, avenues, alleys, lanes, ways as set forth in Paragraph 3 above:
or waterways. (a) The Company shall have the right, at its sole option and
� �� cost, to institute and prosecute any action or proceeding,
(c) 'mortgage : mortgage,deed of trust,trust deed, or other
security instrument. interpose a defense, as limited in (b), or to do any other act
(d) "public records": records established under state statutes at Which in its opinion may be necessary or desirable to establish
Date of Guarantee for the purpose of imparting constructive notice the title to the estate or interest as stated herein, or to
of matters relating to real property to purchasers for value and establish the lien rights of the Assured, or to prevent or reduce
without knowledge. loss or damage to the Assured. The Company may take any
(e) "date": the efFective date. appropriate action under the terms of this Guarantee, whether
or not it shall be liable hereunder, and shall not thereby
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT concede liability or waive any provision of this Guarantee. If
the Company shall exercise its rights under this paragraph, it
An Assured shall notify the Company promptly in writing in case shall do so diligently.
knowledge shall come to an Assured hereunder of any claim of title �b) If the Company elects to exercise its options as stated in
or interest which is adverse to the title to the estate or interest, as Paragraph 4(a) the Company shall have the right to select
stated herein, and which might cause loss or damage for which the counsel of its choice (subject to the right of such Assured to
Company may be liable by virtue of this Guarantee. If prompt object for reasonable cause) to represent the Assured and
notice shall not be given to the Company,then all liability of the shall not be liable for and will not pay the fees of any other
Company shall terminate with regard to the matter or matters for counsel, nor will the Company pay any fees, costs or expenses
which prompt notice is required; provided, however,that failure to �ncurred by an Assured in the defense of those causes of
notify the Company shall in no case prejudice the rights of any action which allege matters not covered by this Guarantee.
Assured under this Guarantee unless the Company shall be �c) Whenever the Company shall have brought an action or
prejudiced by the failure and then only to the extent of the interposed a defense as permitted by the provisions of this
prejudice. Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
�
(d) In all cases where this Guarantee permits the Company to coverage of this Guarantee, or to pay the full amount of this
prosecute or provide for the defense of any action or proceeding, Guarantee or, if this Guarantee is issued for the benefit of a
an Assured shall secure to the Company the right to so prosecute holder of a mortgage or a lienholder,the Company shall
or provide for the defense of any action or proceeding, and all have the option to purchase the indebtedness secured by
appeats therein, and permit the Company to use, at its option,the said mortgage or said lien for the amount owing thereon,
name of such Assured for this purpose. Whenever requested by together with any costs, reasonabie attorneys'fees and
the Company, an Assured, at the Company's expense, shall give expenses incurred by the Assured claimant which were
the Company all reasonable aid in any action or proceeding, authorized by the Company up to the time of purchase.
securing evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the Company may Such purchase, payment or tender of payment of the full
be necessary or desirable to establish the title to the estate or amount of the Guarantee shall terminate all liability of the
interest as stated herein,or to establish the lien rights of the Company hereunder. In the event after notice of claim has
Assured. If the Company is prejudiced by the failure of the been given to the Company by the Assured the Company
Assured to furnish the required cooperation,the Company's offers to purchase said indebtedness,the owner of such
obligations to the Assured under the Guarantee shall terminate. indebtedness shall transfer and assign said indebtedness,
together with any collateral security,to the Company upon
5. PROOF OF LOSS OR DAMAGE payment of the purchase price.
In addition to and after the notices required under Section 2 of
these Conditions and Stipulations have been provided to the Upon the exercise by the Company of the option provided for in
Company, a proof of loss or damage signed and sworn to by the Paragraph (a)the Company's obligation to the Assured under this
Assured shall be furnished to the Company within ninety(90) Guarantee for the claimed loss or damage, other than to make the
days after the Assured shall ascertain the facts giving rise to the payment required in that paragraph, shall terminate, including any
loss or damage. The proof of loss or damage shall describe the obligation to continue the defense or prosecution of any litigation
matters covered by this Guarantee which constitute the basis of for which the Company has exercised its options under Paragraph
loss or damage and shall state,to the extent possible,the basis of 4, and the Guarantee shall be surrendered to the Company for
calculating the amount of the loss or damage. If the Company is cancellation.
prejudiced by the failure of the Assured to provide the required
proof of loss or damage,the Company's obligation to such (b) To Pay or Otherwise Settle With Parties Other Than the
assured under the Guarantee shall terminate. In addition,the Assured or With the Assured Claimant.
Assured may reasonably be required to submit to examination
under oath by any authorized representative of the Company and To pay or otherwise settle with other parties for or in the
shall produce for examination, inspection and copying, at such name of an Assured claimant any claim assured against
reasonable times and places as may be designated by any under this Guarantee,together with any costs, attorneys'
authorized representative of the Company,all records, books, fees and expenses incurred by the Assured claimant which
ledgers, checks, correspondence and memoranda, whether were authorized by the Company up to the time of payment
bearing a date before or after Date of Guarantee, which and which the Company is obligated to pay.
reasonably pertain to the loss or damage. Further, if requested
by any authorized representative of the Company,the Assured Upon the exercise by the Company of the option provided for in
shall grant its permission, in writing, for any authorized Paragraph (b)the Company's obligation to the Assured under this
representative of the Company to examine, inspect and copy all Guarantee for the claimed loss or damage,other than to make the
records, books, ledgers, checks, correspondence and memoranda payment required in that paragraph, shall terminate, including any
in the custody or control of a third party, which reasonably obligation to continue the defense or prosecution of any fitigation for
pertain to the loss or damage. All information designated as which the Company has exercised its options under Paragraph 4.
confidential by the Assured provided to the Company pursuant to
this Section shall not be disclosed to others unless, in the 7. DETERMINATION AND EXTENT OF LIABILITY
reasonable judgment of the Company, it is necessary in the This Guarantee is a contract of Indemnity against actual
administration of the claim. Failure of the Assured to submit for monetary loss or damage sustained or incurred by the Assured
examination under oath, produce other reasonably requested claimant who has suffered loss or damage by reason of reliance
information or grant permission to secure reasonably necessary upon the assurances set forth in this Guarantee and only to the
information from third parties as required in the above paragraph, extent herein described, and subject to the Exclusions From
unless prohibited by law or governmental regulation, shall Coverage of This Guarantee.
terminate any liability of the Company under this Guarantee to
the Assured for that claim. The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILIIY (a) the amount of liability stated in Schedule A or in Part 2;
In case of a claim under this Guarantee,the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability
or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
, �
(b) the amount of the unpaid principal indebtedness secured by If a payment on account of a claim does not fully cover the loss of
the mortgage of an Assured mortgagee, as limited or provided the Assured the Company shall be subrogated to all rights and
under Section 6 of these Conditions and Stipulations or as reduced remedies of the Assured after the Assured shall have recovered its
under Section 9 of these Conditions and Stipulations, at the time the principal, interest, and costs of collection.
loss or damage assured against by this Guarantee occurs,together
with interest thereon; or 12. ARBITRATION
(c) the difference between the value of the estate or interest Unless prohibited by applicable law, either the Company or the
covered hereby as stated herein and the value of the estate or Assured may demand arbitration pursuant to the Title Insurance
interest subject to any defect, lien or encumbrance assured Arbitration Rules of the American Land Title Association.
against by this Guarantee. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Assured
8. LIMITATION OF LIABILITY arising out of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach of a
(a) If the Company establishes the title, or removes the Guarantee provision or other obligation. All arbitrable matters
alleged defect, lien or encumbrance, or cures any other matter when the Amount of Liability is$2,000,000 or less shall be
assured against by this Guarantee in a reasonably diligent manner arbitrated at the option of either the Company or the Assured.
by any method, including litigation and the completion of any All arbitrable matters when the amount of liability is in excess of
appeals therefrom, it shall have fully performed its obligations $2,000,000 shall be arbitrated only when agreed to by both the
with respect to that matter and shali not be liable for any loss or Company and the Assured. The Rules in effect at Date of
damage caused thereby. Guarantee shall be binding upon the parties. The award may
include attorneys'fees oniy if the laws of the state in which the
(b) In the event of any litigation by the Company or with the land is located permits a court to award attorneys'fees to a
Company's consent,the Company shall have no liability for loss or prevailing party. Judgment upon the award rendered by the
damage until there has been a final determination by a court of Arbitrator(s) may be entered in any court having jurisdiction
competent jurisdiction, and disposition of all appeals therefrom, thereof.
adverse to the title, as stated herein.
The law of the situs of the land shall apply to an arbitration
(c) The Company shall not be liable for loss or damage to any under the Title Insurance Arbitration Rules.
Assured for liability voluntarily assumed by the Assured in settling
any claim or suit without the prior written consent of the A copy of the Rules may be obtained from the Company upon
Company. request.
9. REDUCTION OF LIABILTITY OR TERMINATION OF 13. LIABILITY LIMITED TO THIS GUARANTEE;
LIABILITY GUARANTEE ENTIRE CONTRACT
All payments under this Guarantee, except payments made for (a) This Guarantee together with all endorsements, if
costs, attorneys' fees and expenses pursuant to Paragraph 4 shall any, attached hereto by the Company is the entire Guarantee
reduce the amount of liability pro tanto. and contract between the Assured and the Company. In
10. PAYMENT OF LOSS interpreting any provision of this Guarantee,this Guarantee
(a) No payment shall be made without producing this shall be construed as a whole.
Guarantee for endorsement of the payment unless the Guarantee �b) Any claim of loss or damage, whether or not
has been lost or destroyed, in which case proof of loss or based on negligence,or any action asserting such claim, shall
destruction shall be furnished to the satisfaction of the Company. be restricted to this Guarantee.
(b) When liability and the extent of loss or damage has been �c) No amendment of or endorsement to this
definitely fixed in accordance with these Conditions and Guarantee can be made except by a writing endorsed hereon or
Stipulations,the loss or damage shall be payable within thirty (30) attached hereto signed by either the President, a Vice President,
days thereafter. the Secretary, an Assistant Secretary,or validating officer or
11. SUBROGATION UPON PAYMENT OR SE7TLEMENT authorized signatory of the Company.
Whenever the Company shall have settled and paid a claim under 14. NOTICES,WHERE SENT
this Guarantee, all right of subrogation shall vest in the Company All notices required to be given the Company and any statement
unaffected by any act of the Assured claimant. in writing required to be furnished the Company shall include the
The Company shall be subrogated to and be entitled to all rights number of this Guarantee and shall be addressed to the
Company at the office which issued this Guarantee or to its
and remedies which the Assured would have had against any Home Office: 400 Second Avenue South, Minneapolis, Minnesota
person or property in respect to the claim had this Guarantee not 55401, (612) 371-1111.
been issued. If requested by the Company,the Assured shall
transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving
these rights or remedies.
�
SUBDIVISION GUARANTEE
SCHEDULE A
Office File Number Policy Number Date of Policy Amount of Insurance
172561 SGW 08001424 February 18, 2015 at $Z,000.00
8:00 a.m.
Name of Assured:
BUTLER SURVEYING
The assurances referred to on the face page are:
That, according to those public records which, constructive notice of matters relative to the description of
which is fully set forth in under the recording laws, impart following described real property:
Lot 1 in Block 7 of McKenzie's First Addition to the Town of Yeim, recorded in Volume 8 of
Plats, page 26.
Title to said real property is vested in:
RICHARD S. ROCHESTER and THELMA J. ROCHESTER, husband and wife
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in
the order of their priority.
EXCEPTIONS:
1. General Taxes and assessments, if any, no search having been made thereof; also, 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. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts
authorizing the issuance thereof; water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title to streets,
roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain
therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements
- therein unless such property, rights or easements are expressly and specifically set forth in said
description.
Subdivision Guarantee Page 1
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SCHEDULE A (Continued)
File Number: 172561 Policy Number: SGW 08001424
Additional Exceptions:
4. Easement affecting a portion of said premises and for the purposes hereinafter stated, as granted by
instrument recorded on March 16, 1993, under File No. 9303160346.
In favor of: City of Yelm
For: Sanitary sewer collection system
Affects: Said premises
End of Schedule A Exceptions.
NOTES:
At the request of the assured the following information are provided:
a) General taxes for 2015 in the original amount of$1,011.48. Tax Account No. 6440-07-00100.
(Area Code 170) First half taxes are delinquent May 1; last half taxes are delinquent
November 1.
b) The address of the subject property is:
108 2ND ST SE
YELM, WA 98597
c) According to the records of Thurston County Assessor, the current value of said premises is
as follows:
Tax Account No.: 6440-07-00100
Land: $ 31,150.00
Improvements: $ 42,600.00
Total: $ 73,750.00
d) The following abbreviated legal description is provided as a courtesy to enable the document
preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of
recorded documents.
Abbreviated Legal Description: Lot 1 Blk 7 McKenzie's Add to Yelm
e) There are no conveyances affecting said premises recorded within the last 24 months.
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Subdivision Guarantee Page 2
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THURSTON COUNTY TITLE COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
' Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of Thurston
County Title Company
We may collect nonpublic personal information about you from the following sources:
Information we receive from you such as on applications or other forms.
Information about your transactions we secure from our files, or from our affiliates or
others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates as permitted by law.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need
to know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
ORT 287-C 5/07/O1