HomeMy WebLinkAbout1.08 Title ReportExhibit I - Title Report
09/22/2017 12:37 PM Title Report No.: N0013667 -010 -T02 -PD
Fidelity National Title Insurance Company
TITLE REPORT
SCHEDULE A
Title Report No: N0013667 -010 -T02 -PD
1. Effective Date: August 21, 2017 at 8:00 A.M.
2. The estate or interest in the land described or referred to in this Title Report is:
A Fee Simple
3. Title to the estate or interest in the land is at the Effective Date vested in:
Peregrine 08 Investments, LLC, a Colorado limited liability company
4. The land referred to in this Title Report is described as follows:
See Attached Legal Description
(for informational purposes only) 31145 6 and 24 Highway, Silt, CO
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Attached Legal Description
All that part of S1/2SW1/4 and SW1/4SE1/4 Section 5, also all that part of Lots 2 and 3, Section 8, all in Township
6 South, Range 92 West, of the 6th P.M., lying Northerly of the present U.S. Highway No. 6 and 24, and Southerly
of the Ditch in use, known as the Cactus Valley Ditch, described as follows:
BEGINNING AT A POINT on the Easterly line of said SW1/4SE1/4 of Section 5; whence the South East corner of
said Section 5 bears South 83°57' East 1348.03 feet; thence South 282.7 feet along the Easterly line of said
SW1/4SE1/4 and the Easterly line of said Lot 2 Section 8 to a point on the Northerly line of said Highway; thence
North 83°17' West 615.9 feet along the Northerly boundary of said Highway; thence North 88°00' West 849.2 feet
along the Northerly boundary of said Highway; thence North 87°59' West 1436.8 feet along the Northerly
boundary of said Highway; thence North 33°48' West 538.4 feet; thence North 57°40' East 116.0 feet; thence
North 46°39' West 132.46 feet; thence North 17°20' West 183.85 feet; thence North 80°49' East 20.0 feet; thence
South 89°54' East 11.48 feet to a point in the center of said Cactus Valley Ditch; thence North 85°31' East 524.82
feet along the center line of said ditch; thence North 81°22' East 183.64 feet along the center line of said ditch;
thence South 77°34' East 378.49 feet along the center line of said ditch; thence South 57°56' East 157.74 feet
along the center line of said ditch; thence South 74°48' East 376.49 feet along the center line of said ditch; thence
South 82°45' East 397.35 feet along the center line of said ditch; thence South 59°47' East 302.54 feet to a point
in the center of said ditch; thence South 67°48' East 847.42 feet along the center line of said ditch; thence North
71°27' East 218.0 feet along the center line of said ditch; to a point on the Easterly line of said SW1/4SE1/4; the
PONT OF BEGINNING.
Subject to the terms and conditions of property line agreement recorded September 12, 2002 in Book 1385 at
Page 651.
EXCEPT any portion thereof lying within any public road.
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SCHEDULE B
Exceptions
1. Any rights, interest or easements in favor of the United States, the State of Colorado or the Public, which
exists or are claimed to exist in and over the present and past bed, banks or waters of Cactus Valley Ditch.
2. Water boundaries necessarily are subject to change due to erosion or accretion by tidal action or the flow
of rivers and streams. A realignment of water bodies may also occur due to many reasons such as
deliberate cutting and filling of bordering lands or by avulsion. Recorded surveys of natural water
boundaries are not relied upon by title insurers for location of title.
3. Reservations contained in the Patent
From:
Recording No:
The United States of America
Patent No. 866
Which among other things recites as follows:
Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the
proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate
or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby
granted of a right of way thereon for ditches or canals constructed by the authority of the United States.
4. Reservations contained in the Patent
From:
Recording No:
The United States of America
Patent No. 317
Which among other things recites as follows:
Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes
and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the
proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate
or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby
granted of a right of way thereon for ditches or canals constructed by the authority of the United States.
5. Terms, conditions, provisions, agreements, obligations and any and all reservations contained in the
instrument as set forth below:
Recording Date:
Recording No.:
November 9, 1962
Reception No. 219391
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6. Terms, conditions, provisions, agreements, obligations and any and all reservations contained in the
instrument as set forth below:
Recording Date:
Recording No.:
January 7, 1963
Reception No. 220008
7. Undivided one-half interest in all oil, gas and other mineral rights reserved in the instrument set forth
below, and any and all assignments thereof or interests therein:
Reserved by:
Recording Date:
Recording No.:
Loren Jewell and Elvina Jewell
March 12, 1963
Book 347 at Page 478
8. An oil and gas lease disclosed in the Deed set forth below for the term therein provided with certain
covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all
assignments thereof or interests therein.
Recording Date:
Recording No:
March 12, 1963
Book 347 Page 478
9. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
January 16, 1980
Book 542 at Page 331
10. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
April7, 1982
Book 596 at Page 768
11. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
January 23, 1991
Book 797 at Page 415
12. Easements, terms, conditions, provisions, agreements and obligations contained in the Public Service
Company of Colorado Utility Easement as set forth below:
Recording Date:
Recording No.:
February 22, 1993
Book 855 at Page 206
13. Terms, conditions, provisions, agreements and obligations contained in the Property Line Agreement as
set forth below:
Recording Date: September 12, 2002
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Recording No.: Book 1385 at Page 651
14. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Water
Allotment Contract as set forth below:
Recording Date:
Recording No.:
March 28, 2003
Book 1451 at Page 869
15. Easements, terms, conditions, provisions, agreements and obligations contained in the Public Service
Company of Colorado Easement as set forth below:
Recording Date:
Recording No.:
July 24, 2003
Book 1497 at Page 262
16. Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 2003-61 as set
forth below:
Recording Date:
Recording No.:
August 19, 2003
Book 1507 at Page 547
17. Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 2003-62 as set
forth below:
Recording Date:
Recording No.:
August 19, 2003
Book 1507 at Page 550
18. Terms, conditions, provisions, agreements and obligations contained in the Special Use Permit as set forth
below:
Recording Date:
Recording No.:
January 15, 2004
Book 1554 at Page 620
19. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
Amendment(s)
Recording Date:
Recording No:
Recording Date:
Recording No:
Recording Date:
Recording No:
February 14, 2005
Book 1662 at Page 675
October 16, 2007
Reception No. 735262
September 15, 2009
Reception No. 775025
September 15, 2009
Reception No. 775028
20. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
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Recording Date:
Recording No:
Amendment(s)
Recording Date:
Recording No:
Recording Date:
Recording No:
May 23, 2005
Book 1689 at Page 565
November 27, 2007
Reception No. 737913
May 24, 2010
Reception No. 786400
21. Undivided one-fourth interest in all oil, gas and other mineral rights reserved in the instrument set forth
below, and any and all assignments thereof or interests therein:
Reserved by:
Recording Date:
Recording No.:
Charles Howard Robinson and Clarice Jane Robinson
March 2, 2007
Book 1899 at Page 145
22. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Dated Date:
Recording Date:
Recording No:
$750,000.00
Donald R. Ziegler and Annette R. Ziegler
Public Trustee of Garfield County
Wells Fargo Bank, N.A.
March 1, 2007
March 2, 2007
Book 1899 at Page 150
Corporate of Assignment
Recording Date: November 30, 2015
Recording No: Reception No. 870834
Assignment
Recording Date:
Recording No:
March 1, 2016
Reception No. 874232
23. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Dated Date:
Recording Date:
Recording No:
$100,000.00
Donald R. Ziegler and Annette R. Ziegler
Public Trustee of Garfield County
Wells Fargo Bank
March 1, 2007
March 2, 2007
Book 1899 at Page 176
24. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Dated Date:
Recording Date:
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$624,000.00
Donald R. Ziegler and Annette R. Ziegler
Public Trustee of Garfield County
Wells Fargo Bank, N.A.
April 30, 2007
May 1, 2007
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Recording No:
Book 1921 at Page 288
25. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Water
Allotment Contract as set forth below:
Recording Date:
Recording No.:
May 24, 2007
Book 1930 at Page 15
26. Terms, conditions, provisions, agreements and obligations
Allotment Contract as set forth below:
Recording Date:
Recording No.:
May 24, 2007
Book 1930 at Page 17
contained in the Memorandum of Water
27. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Dated Date:
Recording Date:
Recording No:
$77,922.00
Donald R. Ziegler and Annette R. Ziegler
Public Trustee of Garfield County
Wells Fargo Bank, N.A.
October 11, 2007
November 1, 2007
Reception No. 736566
28. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
Amendment
Recording Date:
Recording No:
December 11, 2007
Reception No. 739030
November 29, 2010
Reception No. 794974
29. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Oil and Gas
Lease and Surface Use Agreement as set forth below:
Recording Date:
Recording No.:
April 30, 2008
Reception No. 747685
30. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date:
Recording No:
May 12, 2008
Reception No. 748334
31. Terms, covenants, conditions, restrictions, provisions, agreements and obligations contained in the
Resolution No. 2008-90 as set forth below:
Recording Date:
Recording No.:
Title Report
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July 24, 2008
Reception No. 752957
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32. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Water
Allotment Contract as set forth below:
Recording Date:
Recording No.:
December 23, 2008
Reception No. 760477
33. An unrecorded lease with certain terms, covenants, conditions
disclosed by the document
Entitled:
Recording Date:
Recording No:
Amendment(s)
Recording Date:
Recording No:
Recording Date:
Recording No:
UCC Financing Statement
November 20, 2012
Reception No. 827295
August 11, 2015
Reception No. 866672
June 15, 2017
Reception No. 893609
and provisions
34. A deed of trust to secure an indebtedness in the amount shown below,
Amount:
Trustor/Grantor
Trustee:
Beneficiary:
Dated Date:
Recording Date:
Recording No:
$417,000.00
Donald R. Ziegler and Annette R. Ziegler
Public Trustee of Garfield County
Wells Fargo Bank, N.A.
November 1, 2013
November 1, 2013
Reception No. 842753
END OF EXCEPTIONS
THIS IS A TITLE REPORT ONLY. This is not a commitment to insure.
set forth therein as
The information set forth herein is based on information supplied to NCS Colorado, a division of Fidelity National
Title by sources believed to be reliable and is provided for accommodation purposes only. NCS Colorado, a
division of Fidelity National Title assumes no liability hereunder unless a policy or policies of title insurance are
issued by NCS Colorado, a division of Fidelity National Title and fully paid for and the insured under said policy or
policies and party to whom this report was issued have no knowledge of any defect in title not disclosed. Reliance
on the information set forth herein is subject to the issuance of a mortgage and/or owner's policy of title insurance
by NCS Colorado, a division of Fidelity National Title within six (6) months from the effective date hereof. If a title
insurance policy is not issued insuring the property within such time, this title report shall be null and void as of its
effective date and shall be deemed to have been furnished for informational purposes only.
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Exhibit C
LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE,
TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR
THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. YOU RECOGNIZE THAT THE FEE
CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH
ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, YOU UNDERSTAND THAT THE COMPANY WAS
NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT BUT
FOR YOUR AGREEMENT THAT THE COMPANY'S LIABILITY IS STRICTLY LIMITED.
YOU AGREE THAT MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR
ENCUMBRANCE AS DEFINED IN THE CUSTOMER AGREEMENT OR APPLICATION ARE OUTSIDE THE
SCOPE OF THE REPORT.
YOU AGREE, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO THE
FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS,
AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS
FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND
EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR
ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT,
NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY
OF RECOVERY OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT, SO THAT
THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS AND
SUBCONTRACTORS SHALL NOT EXCEED THE COMPANY'S TOTAL FEE FOR THIS REPORT.
YOU AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE YOU
ARE PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO YOU WITHOUT SAID
TERM. YOU RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT, BUT FOR YOUR
AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT, TO THE FOREGOING
LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON
THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT.
THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY
TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING
AS AN ABSTRACTOR OF TITLE. THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE,
LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THIS REPORT IS NOT TO BE RELIED
UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES
NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE
REPORT, ASSUMES NO DUTIES TO YOU, DOES NOT INTEND FOR YOU TO RELY ON THE REPORT, AND
ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR
OTHERWISE.
IF YOU DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND YOU DESIRE THAT ADDITIONAL
LIABILITY BE ASSUMED BY THE COMPANY, YOU MAY REQUEST AND PURCHASE A POLICY OF TITLE
INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO
ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. YOU EXPRESSLY
AGREE AND ACKNOWLEDGE THAT YOU HAVE AN INDEPENDENT DUTY TO ENSURE AND/OR
RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY
PRODUCTS OR SERVICES PURCHASED.
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NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY,
ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR
ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY,
OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS,
OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -OPERATION OR
INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR
COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR
NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR
OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY,
BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE
OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH
DAMAGES.
THESE LIMITATIONS WILL SURVIVE THE CONTRACT.
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LIMITATIONS OF LIABILITY
APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT
IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR
OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. APPLICANT
RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH
COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, APPLICANT
UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND
ISSUANCE OF THE REQUESTED REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED.
APPLICANT AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS
TERMS.
THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT:
MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR ENCUMBRANCE, AS
DEFINED ABOVE, AMONG THE TITLE INSTRUMENTS ARE OUTSIDE THE SCOPE OF THE
REPORT.
APPLICANT AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT
AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY,
ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF
ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER,
INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING INCLUDING BUT NOT LIMITED
TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT
AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY,
EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY
PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS
CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE
COMPANY AND ITS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE
REPORT.
APPLICANT AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO
THE PRICE THE APPLICANT IS PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE
OFFERED TO THE APPLICANT WITHOUT SAID TERM. APPLICANT RECOGNIZES THAT THE
COMPANY WOULD NOT ISSUE THE REPORT, BUT FOR THIS CUSTOMER AGREEMENT, AS PART
OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF
LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL
AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT.
THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION,
PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A
TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT
PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND
OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF
THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS
TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE REPORT, ASSUMES
NO DUTIES TO APPLICANT, DOES NOT INTEND FOR APPLICANT TO RELY ON THE REPORT, AND
ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE
REPORT OR OTHERWISE.
IF APPLICANT DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND APPLICANT
DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, APPLICANT MAY
REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO
ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF
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THE TITLE OR STATUS OF TITLE. APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES IT
HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY
INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCTS OR SERVICES
PURCHASED.
NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
APPLICANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA,
BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON-
OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF
CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT
AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL
PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR
NEGLIGENCE OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY FOR SUCH DAMAGE
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