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HomeMy WebLinkAboutDERR-2024-011068 Facilities | Environmental | Geotechnical | Materials September 26, 2024 Mr. Mark Crim Utah Department of Environmental Quality Division of Environmental Response and Remediation P.O. Box 144840 Salt Lake City, Utah 84114-4840 Telephone: (801) 536-4162 E-mail: mcrim@utah.gov RE: Chain of Title Search Duchesne County Parcel Terracon Project No. 61247127 DERR Contract #216383 Dear Mr. Crim: Please see the attached Chain of Title documents identified for the property referenced below: 1. 432 West Main Street, Duchesne, Utah Duchesne County Parcel ID #00-0000-5474 DERR Facility ID 9000053, Release FCO We appreciate the opportunity to be of service to you on this project. If there are any questions or if we may be of further assistance, please do not hesitate to contact us. Sincerely, Terracon Consultants, Inc. Tina Cheney ESA Group Manager File Name Document Type Dated Recorded Book Page Grantor Grantee 127393 Memorandum of Lease 10/4/1962 1/31/1963 17 521 Carl Wilkerson, Donna R. Wilkerson, Dale E. Workman, and Luella Workman (Lessor) TEXACO Inc. - Denver (Lessee) 131939 Assignment 1/14/1964 1/16/1964 18 225 Carl Wilkerson, Donna R. Wilkerson, Dale E. Workman, and Luella Workman (Lessor) TEXACO Inc. - Denver United States National Bank (Lessee) 275727 Warranty Deed 7/8/1971 5/24/1990 A190 549 Carl Wilkerson and Donna R. Wilkerson Dale Workman and Luella Workman 275728 Warranty Deed 5/16/1990 5/24/1990 A190 550 Dale Workman and Luella Workman Mirl F. Jennings and Deane H. Jennings, as Trustees of the Mirl F. Jennings Family Living Trust, and Mirl F. Jennings and Deane H. Jennings, as Trustees of the Deane H. Jennings Family Living Trust 300349 Warranty Deed 5/18/1994 5/24/1994 A238 654 Mirl F. Jennings and Deane H. Jennings, as Trustees of the Mirl F. Jennings Family Living Trust, and Mirl F. Jennings and Deane H. Jennings, as Lessle R. Gardner and Lanette Gardner 354169 Warranty Deed 4/30/2002 5/8/2002 A372 185 Lessle R. Gardner and Lanette Gardner Shri Ram, LLC 372868 Special Warranty Deed 10/7/2004 10/21/2004 A432 788 Shri Ram, LLC Mundy LLC 472702 Warranty Deed 5/12/2014 5/14/2014 A712 607 Mundy LLC Duchesne Real Eastate Development, LLC 432 West Main Street, Duchesne, Utah | Duchesne County Parcel ID #00-0000-5474 | Release Site FCO Page 1 of 1 ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ALTA COMMITMENT FOR TITLE INSURANCE NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, First American Title Insurance Company (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 180 Days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. By; Authorized Signatory First American Title Insurance Company Kenneth D. DeGiorgio President Lisa W. Cornehl Secretary ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Transaction Identification Data for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Metro National Title Issuing Office: 345 East 300 South, Salt Lake City, UT 84111 Loan ID Number: Commitment Number: 103015 Issuing Office File Number: Property Address: 432 West Main Street, Duchesne, UT 84021 Revision Number: SCHEDULE A 1. Commitment Date: August 14, 2024 at 7:45 AM 2. Policy to be issued: (a) 2021 ALTA Owner’s Policy Proposed Insured: Purchaser with contractual rights under a purchaser agreement with the vested owner identified at Item 4 below Proposed Policy Amount: $1,000.00 Estate or Interest to be insured: FEE SIMPLE Owner’s Premium: $220.00 (b) 2021 ALTA Loan Policy (Extended) Proposed Insured: Proposed Policy Amount: Lender’s Premium: $0.00 Endorsements: Endorsement Premium(s): $0.00 3. The estate or interest in the Land at the Commitment Date is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Duchesne Real Estate Development, LLC, a Utah limited liability company 5. The land referred to in this Commitment is in the State of Utah, County of Duchesne and is described as follows: See attached Exhibit “A” ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Exhibit “A” Lots 1 and 2, Block 76, Duchesne City Survey, according to the official plat thereof on file and of record in the office of the Duchesne County Recorder. Also that portion of Duchesne City Street vacated by Duchesne City Ordinance #93-2, more particularly described as follows: Beginning at the Northeast corner of Lot 1; thence South 89°58'59" East (East) 10 feet; thence South 0°00'34" West (South) 150 feet; thence North 89°58'59" West (West) 10 feet; thence North 0°00'34" East (North) 150 feet to the point of Beginning. Also including: A portion of lot 3, Block 76, Duchesne Townsite Survey, according to the official plat thereof on file and of record in the office of the Duchesne County Recorder, more particularly described as follows: Beginning at the Northeast corner of Lot 3; thence North 89°58'59" West (West) 27.00 feet; thence South 0°00'32" West (South) 74.00 feet; thence North 89°58'59" West (West) 19.50 feet; thence South 0°00'32" West (South) 76.00 feet; thence South 89°58'59" East (East) 46.50 feet; thence North 0°00'32" East (North) 150.00 feet to the point of Beginning. ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. SCHEDULE B, PART I Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Release of the following: Memorandum of Lease: Dated: October 4, 1962 Between: Carl Wilkerson and Donna R. Wilkerson; and Dale E. Workman and Luella Workman And: Texaco, Inc. Lease dated: October 4, 1962 Recorded: January 31, 1963 Entry No.: 127393 Book/Page: 17-misc/521 Assignment: In favor of: Denver United States National Bank, which shall be entitled to receive all rents, earnings, income, issues, profits, and all other payments and shall apply same on payments due under the terms of the note and mortgage dated January 14, 1964, and any excess rents, earnings, income, issues, profits, and other payments remaining after payment of all amounts due under the terms of said note and mortgage. See document for particulars. Recorded: January 16, 1964 Entry No.: 131939 Book/Page: 18 of misc/122 6. Delivery to, and approval by the Company of Articles of Organization and Operating Agreement for Duchesne Real Estate Development, LLC regarding the legal status and ability to convey and/or encumber title to the land described herein. The Company reserves the right to make additional requirements as needed. 7. Affidavit executed by the Owner/Seller of the property certifying that said property is free and clear of liens and encumbrances. 8. Update of the Utah State Construction Registry prior to recording; receipt by the Company of evidence of payment in full and execution of Affidavit of Acceptance of Payment in Full for Construction Services (UCA § 38-1a-503(2)(b)) of all preliminary notice(s) of lien(s) disclosed thereby. ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 9. Warranty Deed from the vestee to the proposed insured. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific-designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. Vesting Deed Image Plat Map Image NOTE: The following names have been checked for Judgments, Federal Tax Liens and Bankruptcies and none appear of record that attach to the herein described property, except as shown herein. Purchaser with contractual rights under a purchaser agreement with the vested owner identified at Item 4 below Duchesne Real Estate Development, LLC, a Utah limited liability company Escrow Officer: Jamie Perry at (801) 236-3802 END OF SCHEDULE B – Section 1 ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. SCHEDULE B, PART II Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. (a) Taxes or assessments that 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) proceedings by a Public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, that are not shown by the Public Records. 4. 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 and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 7. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I— Requirements are met. The printed Exceptions 1 through 7 will be deleted for the ALTA Extended Loan Policy 8. Lien of Taxes, now accruing as a lien, but not yet due and payable Year: 2024 Tax ID No.: 00-0000-5474 Prior year: 2023 Paid Amount: $1,200.24 9. The land described herein is located within the boundaries of Duchesne County, District 002, Duchesne City, and is subject to any assessments levied thereby. 10. Water rights, claims or title to water, whether or not shown by the public records. 11. Any and all outstanding oil, gas, mining and mineral rights, etc., situated in, upon or under the subject Land, including the right of the proprietor of a vein or lode to extract the same therefrom should it be found to penetrate or intersect the premises, and the right of ingress and egress for the use of said rights. 12. Ordinance No. 93-2: Recorded: June 23, 1993 Entry No.: 294851 Book/Page: 8227 / 457 An Ordinance defining street widths within the Duchesne City limites. ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 13. Ordinance No. 15-345: Dated: October 26, 2015 Recorded: February 3, 2016 Entry No.: 491453 An Ordinance establishing the Duchesne County Public Land Corner Preservation Fund. 14. Ordinance No. 18-368: Recorded: February 20, 2019 Entry No.: 523442 Book/Page: / An Ordinance to establish a Special Service District to be known as the Gateway Recreation and wellness District. 15. Easement, and the terms and conditions thereof: Imposed by: Vacation Ordinance Of: Duchesne City Purpose: Reserves easements for existing utilities that may have been constructed across the vacated street or alley. Recorded: June 23, 1993 Entry No.: 294851 Book/Page: A227 / 457 16. Reservations: Disclosed by: Warranty Deed Recorded: May 24, 1990 Entry No.: 275728 Book/Page: A190 / 530 Reserving and excepting unto the Grantor, an easement to use and maintain a sign presently in place on Lot 5, together with right of ingress and egress for the purpose of maintaining said sign. 17. Minor Subdivision Survey, including the terms and conditions thereof: Recorded: August 8, 2015 Entry No.: 487506 (Affects this and other property) 18. Minor Subdivision Survey, including the terms and conditions thereof: Recorded: July 22, 2015 Entry No.: 486482 (Affects this and other property) 19. Subject to the rights of parties in possession of the subject property under unrecorded leases, rental or occupancy agreements and any claims thereunder. ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. COMMITMENT CONDITIONS 1. DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I—Requirements; and f. Schedule B, Part II—Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I— Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. ALTA ® Commitment for Title Insurance (7-1-2021) {ARB-DEL} Form C.GU.4002 103015 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order 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 information – 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, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which 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. Types of Information Depending on 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, but telephone or any other means; - Information about your transaction with us, our affiliated companies, or other; and - Information we receive 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 non-affiliated party. Therefore, we will not release your information to non-affiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may. However, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purposes, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust 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, 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 Privacy 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 individuals and entities who need to know that information to provide products or services 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. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.