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Application Original Info <l- .. CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee 1+00 Date Received 11/1 / ()::J I By APPLICATION FOR Preliminary Plat FileNo. Fee $750 00 plus $25 00 per lot (In addition, any professional service charges er Resolution #358 A preliminary plat is a request to subdivide property into five or more lots for the purpose of residential, commercial, or industrial development. A preliminary plat Is reviewed by the City's staff, Planning Commission and City Council for conformance with City subdivision standards and other regulations. The Planning Commission will hold a public hearing after notifying neighbors and other agencies. The plat cannot be approved unless appropriate provisions have been made for public facIlities, such as roads, sewer and water Preliminary review will usually take about 90 days. If preliminary approval is granted, a final surveyed plat must be presented within five (5) years with appropriate arrangements for all improvements. NAME OF PROJECT APPUCANT :{ dO cJ C.e OUt [L C. Mailing Address ., 7 Cny,SlaleandZip ~%~?i.J~: ;;3Z~ Telephone :< S"':?.... 2. % If" A/o-r6,f "- ~ :) ~=:~ddresf'?:ii( ;1ri, ;~ S- ~ City, State and Zip /;(., 4. 9' f' 7 Telephone .' ENGINEER/ARCHITECT/OTHER Mailing Address City, State and Zip Telephone , RIIPINEN SURVEYING ARNE E. RIlf.:1INEN JH I-' L.S A~n(1 . 59th AVE. E. PUY,AlIIIP, WA Q8~71 PROPERTY DESCRIPTION Gemwal Location . U/ o"f ;H I . P Site Address /O";2..r Mid Section .< .:!;)~ Townshlp I 7 Range Assessor's Tax Parcel Number :;2.17 ;z.S"1 ~09-cO ~ /406"o/" Full legal description of subject property (attach separate sheet If necessary) 5(2 p ,,4 HH-r4...../ V^", "'3. 9~' /~ ~ . I affirm that all answers, statements and information contained in and submitted with th,is application 8:e complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject sIte or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Yelm and other govemmental agencies to enter upon and inspect said property as reasonably necessary to process this application I ree all fees of the city which apply to this application. ~ -eo.<.- V" Date '7 -2 E5 .-cc/ .v \\j\ \9\ (;~ ,')\ ~ ~ ~ P~E 1 J _\X" ~~ ~~ y ~V\ Signed CITY OF YELM d s \c:\office \pl and ep!. cc\ap ps \prepl at. app a"" , ,.' 1. PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1 Do the subdivision's lot sizes, proposed use, etc" conform with the ZO~g of the property? Please explain #-11 L.c- ~5 S xce'......../' RoCJCJ S 2, Are any provisions proposed to minimize conflicts with neighboring land uses? Describe _ /(/C 3 Is the site wYlj~OO feet of any "critical areas" such as wetlands or streams? 4 What Rrovisions will be made for water supply? C/ y( 0#-{cYL 5 What provisions will be made for sewage? C}; v.>/ ~.e'V"oc..~) 6 What provisions will brade for storm water a~or flood control? .5 ~ A..u14 h4:; pv~ Iv..~<H-_...; ,<;;,'rc~v., S)/5 <?'o.-vt T7- y-eL..,.. 7 What provisions will be made for streets, access and/or buses? 8 What provisions, if any, ~i11 be made for o~n ,space and/or recreation? A/C.,d/..() H-r r4( S /1..1/-0_ 9 What provisions will be made for schools and school children? Ilk:-~,,p .RLY fA".5 7-;, /U. ".,P ATTACHMENTS * Environmental Checklist (including $15000 fee) * Transportation Impact Analysis (if applicable) * List of Property Owners within 300 feet (include Assessors Tax Parcel numbers and map) * 8 % X 11 vicinity map showing nearby property, streets, land uses, streams and other features ,. Map showing location and size of water mains, sewer, storm water facilities and other utilities and points of connection to existing systems * Preliminary Storm water Report and conceptual drawing * Copy of any covenants or restrictions that will apply ,. Grading plan for cuts and fills over 100 cubic yards * Ten copies of preliminary plat drawing(s), per YMC Section 16 12,030, not larger than 18"X24" See attached checklist for required features and information ,. A reduced size copy of the plat not larger than 11 "X 17" * Tree and Vegetation Preservation Plan, per section 14 16 110 CITY OF YELM d s \c:\office Iplandept.cclapps Ipreplat.app PAGE 2 ~ ~4 19 ~L IEC~ ClJ'lW' PRt.L\~INp.,R'i pVi Of .r ~ .fr':r" ,. .. ~# J'I\)).). VA).).fl ES, ,/~.,~.'1 "~\ ,...... ~ '"' ~:~ f.:,~ ~~. l,~ ';i\ .._ t\ &/24f!!!! ..,.- .... . ",,_..' ..- ... " : ~ ~..- '" ' '" ~.. __ ~.~~.---.._~'-l " ""'~".........- ________. ....., ~~ _ _ _ -2' _ ~~_ _ - - ~ss~ - ~ss..:. '-1\ <Ill5llll ~~ _.:.---<l"'--=------- - - - ~ "'~ - ---.- - ~ - - - ---'"; - - - - - ~",=-------:",:::-----"'- "'- ...:.... "'" ".' ..,,........ ,~ ----- ~"'--- ........./.../..... . ..' - ,p''''' ~. ./ ./..../...... 1011h LOO? s... . ., - .. .' ......... , " ",. , ~ 0; ,,4' 1~ \ -~..., ,..';' ": "'" .. . ,," t::-1r- rHl,'/fJ' J ,...... - .. - - -, \ · .... /. - ...\. -' \'1;\ I ' \' .... - - - - . -t< · . ,,........ ' -'""' - ,- -./', ',' " \ . &/2~f?JJ'IJ '20 . 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C!.l1ll'l(l\'U1\E Of -~ llOI\1lW"" ~ l pN\1 OfJ~k ~ <1 '~~ <1 sMIl 11\ ll/lf OflWlGt' ~~~c:fi'1 ~~~~'fl\ll~E .....<1<;jlD,:f\1llQ1{ll1. -~ C!.lllll~25. l()'it1l (;l)UllTl ;l01I) c:fi 1l\t e: !fC'IIUl 1Il'l(l\ fOR 25 fEEl (Jl1J\'I(l\ ~1 C!.l IllD 111< (;'~iJt11\f)S'I s0011\ ,~ <;jlD C!.l1J\lf!:\I ......-.. 1l\t v,s1lO ."""",1U\. f)S'I, .' "\ll\lW~": 1l\t 11""""_ ~cEP~'\llG ~U- ~ Sl~1t Of ~VJlO'IIII,.s'_"'l'It;i~ for: 2QQO GROUP, l,LC. c/o eo ~ORBJtRG \,,0. 60Y. "" l'u'(~U\" ~~ 9~7\ 'tJY" 110-:;802 ~ o~~ ~~Oll \0625 ~ RQf<{) s.t. ~, 'tI~. 9a5<}1 4'~1 ~. ~50 ~/2000 e/J' ~ lraW" ~R ,JR. ~bY.tof.l ~ oro"Jn9 . Shea' , 01 , I Transnatiol'1 Title Insurance Company 39'05 Martin Way East, Suite A Olympia, WA 98506 Phone: 360-459-2331 Fax: 360-493-2236 o Tran~~~!!,~ May 16, 2000 Riipinen Surveying Attn 8506 59th Ave E. Puyallup, WA 98371 Order Number: Title Officer: Property Address. Seller: Buyer / Borrower: Your Reference No.: Loan Number: Order Summary 3 - 3013868 Phyllis Kroger 10625 MILL RD SE, YELM, WA 98597 Donald Brugeon Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: Phyllis Kroger, Title Officer Marcy J. Mobley, Assistant Title Officer Additional copies have been sent to Frontier Contractors, Riipinen Surveying, ISSUED By TRANSNATlON TITLE INSURANCE COMPANY LITIGATION / TRUSTEE'S SALE / CONTRACT FORFEITURE / GUARANTEE o Transnation A LANDAMERICA COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF liABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, TRANSNATION TITLE INSURANCE COMPANY, a corporation, herein called the Company, Guarantees the Assured against loss, not exceeding the liability amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the Date of Guarantee stated in Schedule A, the title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions in Schedule 8, which Exceptions are not necessarily shown in the order of their priority In Witness Whereof, TRANSNATION TITLE INSURANCE COMPANY has caused this guarantee to be signed and sealed as of the Date of Guarantee shown in Schedule A, the guarantee to become valid when countersigned by an authorized signatory TRANSNAT/ON TITLE INSURANCE COMPANY Secretary By' ?;-O-u-t r2 or- P","oo' Attest: /L. a~(J.. ~ Face Page - LitigationfTrustee's Sale/Contract Forfeiture Guarantee Form 1110~13 ORIGINAL Valid only if Schedules A and B are attached LITIGATION / TRUSTEE'S SALE / CONTRACf FORFEITURE / GUARANTEE INFORMATION FOR THE ASSURED This Guarantee is restricted to the use of the Assured solely for the purpose of providing information to facilitate the commencement of a suit at law, the forfeiture of a real estate contract pursuant to RCW 61.30, or foreclosure pursuant to RCW 61.24 of a deed of trust described in Schedule B, affecting the land described in Schedule A. The Company shall have no liability for any reliance hereon except for the purpose for which this Guarantee is issued This Guarantee is not a commitment nor an obligation by the Company to issue any policy or pOlicies of title insurance insuring said land and it is not to be used as a basis for closing any transaction affecting title to said land 2 Upon request made WITHIN 60 DAYS from the effective date of this Guarantee, the Company will extend the effective date of this Guarantee by endorsement to include the filing of any complaint and recording of Notice of Lis Pendens, recording of Notice of Intent to Forfeit Real Estate Contract, or recording of Notice of Trustee's Sale Such an endorsement will show as additional exceptions, and therefore exclude from coverage, those matters attaching subsequent to the effective date of the Guarantee but prior to the issuance of the endorsement. 3 Upon request, on the 30th day preceding the date set for the forfeiture of trustee's sale or real estate contract, the Company will issue an endorsement identifying notices of federal tax liens filed in the public records, if any, affecting the land described in Schedule A. THE RESPONSIBILITY, HOWEVER, FOR DETERMINING THE 30TH DAY BEFORE THE SALE OR FORFEITURE, AND FOR MAKING THE REQUEST ON THAT SAME DAY, IS BORNE BY THE ASSURED 4 The Company may, BUT IS NOT OBLIGATED TO, issue additional endorsements extending the effective date of the Guarantee at the request of the Assured The fee for such endorsements will be charged according to the Company's filed Rate Schedule for such endorsements The Company will not, and accepts no obligation to, issue an endorsement extending the effective date to, or beyond, the date of any sale of the premises, recordation of a declaration of forfeiture, trustee's sale or deed in lieu of foreclosure or forfeiture Insurance may be provided following sale or forfeiture according to the Company's filed Rate Schedule 5 Attention is called to Soldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto and the Military Reservist Relief Act of 1991 (Sec 800 to 810, Military and Veterans Code) which contain inhibitions against the forfeiture of land under a real estate contract or sale of land under a deed of trust if the owner is entitled to the benefits of said Acts 6 Attention is called to the Federal Tax Lien Act of 1966 (Public Law 89-719) and amendments thereto which, among other things, provides for the giving of written notice of sale or forfeiture in a specified manner to the Secretary of the Treasury or his delegate as a requirement for the discharge or divestment of a federal tax lien in a non-judicial sale or forfeiture, and establishes with respect to such lien a right in the United States to redeem the property within a period of 120 days from the date of any such sale or forfeiture 7 No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule B or with respect to the validity, legal effect or priority of any matter shown therein B 1110-13 File No.: 3013868 Tr'ansnation Title Insurance Company 3905 Martin Way East, Suite A Olympia, WA 98506 Phone. 360-459-2331 Fax: 360-493-2236 Transnation A L\NOAMERlCA COMPANY May 16, 2000 Frontier Contractors POBox 1177 Puyallup, WA 98371 RE SUBDIVISION GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR R.EFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES FRONTIER CONTRACTORS the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. DATED MAY 10, 2000 at 8 30 A.M Transnation Title Insurance Company By ~. Authorized Signature Page 1 of 5 Subdivision Guarantee TQ900WA (5/99) File No.: 3013868 Order No 3013868 Customer No SCHEDULE A Liability Charge Tax Total $ 300 00 $ 300 00 $ 24 00 $ 324 00 1 Name of Assured Frontier Contractors 2 Date of Guarantee MAY 10, 2000 at 8 30 A.M The assurances referred to on the face page hereof are That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land As fully set forth on Exhibit "A" attached hereto and by this reference made a part thereof Title to the estate or interest in the land is vested in DONALD K. BRUGEON AND SHIRLEY E. BRUGEON, HUSBAND AND WIFE subject to the Exceptions shown below, which are not necessarily shown in order of their priority EXCEPTIO~S: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records 2 (a) Unpatented mining claims, (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes, or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records 3 Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain 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 the land described herein Page 2 of 5 Subdivision Guarantee SCHEDULE A - Continued File No.: 3013868 4 General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency (1st half delinquent on May 1, 2nd half delinquent on November 1) Tax Account No 21725140400 Year Amount Billed Amount Paid 2000 $1,335 82 $667 91 Amount Due $667 91 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR- TREASURER'S OFFICE AT (360) 786-5550 The current levy code is TCA 170 5 General taxes, as follows, together with interest, penalty and statutory Foreclosure costs, if any, after delinquency (1st half delinquent on May 1, 2nd half delinquent on November 1) Tax Account No 21725140501 Year Amount Billed Amount Paid 2000 $ 39742 $198 71 Amount Due $198 71 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR- TREASURER'S OFFICE AT (360) 786-5550 The current levy code is TCA 170 6 ASSESSMENT ORIGINAL AMOUNT INTEREST ANNUAL INSTALLMENTS NEXT INSTALLMENT DEUNQUENT INSTALLMENT DELINQUENT LEVIED BY FOR. L.I D NO PARCEL NO $5,46945 62% 1 OCTOBER 16, 2000 NONE CITY OF YELM WASTEWATER 1 21725140400 7 Right-oF-way for Mill Road, if any, and any easement rights of adjoining properties or the public to that portion of the land included within such road, as disclosed by INSTRUMENTS RECORDED UNDER RECORDING NO'S 801348 AND 1015254 Page 3 of5 SubdlVlSlOll Guarantee SCHEDULE A -Continued File No.: 3013868 8 MORTGAGE AND THE TERMS AND CONDmONS THEREOF MORTGAGOR. MORTGAGEE AMOUNT RECORDED RECORDING NO AFFECTS ANNA MARIE TRIPLETT MELBY MOBILE HOMES, INC. $15,00000 MARCH 9, 1979 1069941 A PORTION OF SAID PREMISES AND OTHER PROPERlY Investigation should be made to determine the present balance owed by contacting the appropriate lender jagency jindividual Page 4 of5 SubdiVIsion Guarantee ~'..~-~~~,----,-,-,=--~-",,--'~ ~..:c.~"'."--=':;:"..~ ~.1L:' !;..<J.=~-,,-,-~,~ --"~''''.__.'.'~';;'~'-:'';;C-,-.,,",'--'....'-~' .~'-~.. -j; EXHIBIT "A" LEGAL DESCRIPTION: PARCEL A: THAT PART OF THE WEST THREE QUARTERS OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, LYING EAST OF A LINE DESCRIBED AS BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF NORTHEAST QUARTER, 660 FEET EAST OF ITS SOUTHWEST CORNER AND RUNNING THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID NORTHEAST QUARTER TO THE NORTH LINE OF SAID SUBDIVISION, AND THE NORTH 25 FEET OF THE EAST QUARTER OF SAID SOUTH HALF OF SOUTHEAST QUARTER OF NORTHEAST QUARTER OF SECTlON 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M , EXCEPTING THEREFROM THE SOUTH 165 FEET, AND EXCEPTING ALSO THE EAST 20 FEET OF SAID NORTHEAST QUARTER FOR COUNTY ROAD KNOWN AS MILL ROAD, PARCEL B. THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTlON 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M , DESCRIBED AS FOLLOWS COMMENCING AT A POINT ON THE EAST LINE OF THE SOUTHEA~T QUARTER OF THE NORTHEAST QUARTER, 6:15 FEET NORTH OF THE SOUTHEAST CORNER THEREOF, THENCE SOUTH 132 FEET, THENCE WEST 330 FEET MORE OR LESS TO THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER OF THE' SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THENCE NORTH 132 FEET, THENCE EAST 330 FEET MORE OR LESS TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE EAST 20 FEET FOR COUNTY ROAD KNOWN AS MILL ROAD, SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON THIS SKETCH IS ATTACHED TO ORDER NO.: 3 0 I "3 8'''~ SSH-SO\7 D RW "-06 -~i - - - - -,~ - - - - - ---5f - --1 (i)@ 1 11-09 11-1101 11-12 I -l---_r_I II 11-10 12-01 11-11 I I I I I I I I I ~ I I I I I ----,----- I 14-01 I II I 03 ~-~ ~ "-050' L "05 , I "-0501' I _1,-- 41-_01_~_1 J41 -01 _ _ 14-02 ~ 1<4--04 1~-03 G"-IZ-V ;:::::J.i'!'. _ .. THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO AREA, DfMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MOOiFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABIUTY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICUlARS. GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in the nu~antee mean: (a) 'the Assured": the Part~ or parties named as the Assured in tbis Guarantee, or on a supplemental writing executed by the Company (b) 'land": the land described or referred to in Schedule (A) or in Part 2, and improvements affixed thereto which by law constitute real property The term 'land" does not include any 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 easement in abutting streets, roads. avenues, alleys, lanes. ways or waterways. (c) 'mortgage": mortgage. deed of trust, trust deed, or other security instrument. (d) 'public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) 'date": the effective date. 2. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) 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. (b) (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 by (I), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule .(A) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land 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. (d) (l) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured; or (c) 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 assurances provided. 3. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party notwithstanding the nature of any allegation in such action or proceeding. s. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS: DUTY OF ASSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceed- ing, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to esta\:>lish the title to the estate or interest as stated herein, or to establish the lien rights of the As- sured, or to prevent or reduce loss or damage to the Assured. The Comparfy may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this para- graph, it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent juris- diction 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 prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company an.Assured, at the Company's ex- pense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provid- ed to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss' or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such As- sured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examina- tion under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized repre~entative of the Company, all records, books, ledgers, checks, correspondence. and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine. Inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasona- ble judgment of the Company it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETILE CLAIMS: TERMINATION OF LIABILITY In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit.. of a holder of a mortgage or a lienholder the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claim- ant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate alllia. bility of the Company hereunder In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any oollateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liti- gation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surren- dered to the Company for cancellation. (b) To Payor Othel1\ojse Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligat- ed to pay Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liti- gation for which the Company has exercised its options under Paragraph 5. 8, DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claiinant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) The amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Con- ditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9, LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any meth:od, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby (b) In the event of any 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 therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company 10. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to para- graph 5 shall reduce the amount of liability pro tanto. 11. PAYMENT OF WSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case pwot of loss or destruction shall be furnished to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or, damage shall be payable within thirty (30) days thereafter 12. SUBROGATION UPON PAYMENT OR SETILEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company.shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not be 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. If a payment on account of a claim does not fully.cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. ARBITRATION Unless prohibited by applicable law either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guaran- tee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obliga- tion. All arbitrable matters when the Amount of Liability is $1 ,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Ar- bitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14, LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company In interpreting any provision of this Guarantee, this Guaran- tee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or at- tached hereto signed by either the President, a Vice President, the Secretary an Assistant Secretary or validat- ing officer or authorized signatory of the Company ]5, NOTICES, WHERE SENT All notices required to be given the Company and any statement in v.Titing required to be furnished the Compan\' shall include the number of this policy and shall be addressed to TRANSNA TION TITLE INSURANCE COMPANY 1700 Market Street. Philadelphia. Pennsylvania 19103. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by Its duly aulhorized officers, the PolIcy to become valId when countersigned by an authorized officer or agent of the Company TRANSNATlON TITLE INSURANCE COMPANY L~t~~U}~'~ 1$ ~Q- \ ,. ~ \.tolPOR~'lb ~I :z: "'1 \; SEPT 16, \\\1 Y '.... *1 "'''~:~' Attest. ~/fJ7:~ CL T A Guarantee Conditions and Stipulations Form 2015-7 (Rev 6-6-92) By. ~P'~id'id ORIGINAL ~~--- .. " ....'t. ~ OJ ...,0 \ ~ 0'> 0," .... ~o (Jl ~ ::. ." ~f ~ ~r1 ~ Vl ~ 1:\ '" '1:. ~ tr. Q:l s:;' c:r. ;;- ~ .;:; ('J ". 0 ?" ~ "'=l ~ ';l> .... '" \!) .... 0 "" PROJECT: Mf{Vj ~~ DATE ENGINEER: ~ kUBJECT: // W1"" I ~ PAGE OF '-f -- _oj t2-l C1~ GeT eve CJI4J~~ 1H (5 "'-") . 1- -I --' ---I ,-j ...-..!.------~----- " c......~~ -1 --j - - - --j . j --I - I - -; 0 GtfyO/ &? oP- PL-7JT Ii y:2-4- --+ _d _ '-_J .J . i i Y [7 e.~ t.' t t -. 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