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HomeMy WebLinkAboutCommitment of Title - 396 W. Moody RoadPRELIMINARY TITLE COMMITMENT ATTACHED Date:August 7, 2025 File No.:682679 Property:396 W Moody Rd, Rexburg, ID 83440 Buyer/Borrower:UDG, Corp, a Utah corporation Seller:Mack G. Shirley and Bruce L. Shirley, as Trustees of the Mary G. Shirley Irrevocable Trust In connection with the above referenced transaction, we are providing you with the following contact information. Enclosed please find your Title Commitment. Listing Agent: Century 21 High Desert 700 Memorial Dr. Idaho Falls, ID 83402 Phone: (208)535-0350 tetonriver@gmail.com Attn: Joe Allen Selling Agent: Century 21 High Desert 700 Memorial Dr. Idaho Falls, ID 83402 Phone: (208)535-0350 tetonriver@gmail.com Attn: Joe Allen Buyer/Borrower UDG, Corp, a Utah corporation 10999 S. Birch Creek Road South Jordan, UT 84095 Seller: Mack G. Shirley and Bruce L. Shirley, as Trustees of the Mary G. Shirley Irrevocable Trust 443 W Moran View Rexburg, ID 83440 Commitment for Title Insurance Subject to conditions and stipulations contained therein Your contacts for this transaction are as follows: Email escrow closing documents to: rexburg@alliancetitle.com Escrow Officer Title Officer Heather Erickson 130 E Main St. Rexburg, ID 83440 heather.erickson@alliancetitle.com (208) 356-9323 Curtice Smith curtice.smith@alliancetitle.com (208) 232-6163 405 E Chubbuck Rd. Chubbuck, ID 83202 In an effort to assure that your transaction goes smoothly, please review the following checklist and contact your Escrow Officer or Title Officer if you answer “Yes” to any of the following: Will you be using a Power of Attorney? Are any of the parties in title incapacitated or deceased? Has a change in marital status occurred for any of the principals? Will the property be transferred into or from a trust, partnership, corporation or Limited Liability Company? Has there been any construction on the property in the last six months? Remember, all parties signing documents must have a current driver’s license or other valid government issued photo I.D. Title Fees & Breakdown Coverage Sales Price $800,000.00 Owners Coverage X Standard Coverage Extended Coverage Loan Amount Loan Coverage Standard Coverage Extended Coverage Underwriter Old Republic National Title Insurance Company Title Policy Calculations For Disclosure Product CD Disclosed Premiums Actual Premiums Premium Adjustments Loan Policy $0.00 $0.00 (Simultaneous Issue Credit) $0.00 Owner’s Policy $2,556.00 $2,556.00 (Short Term Discount. – If Any) $0.00 Other Borrower Fees Endorsements: Inspection Fee Additional Chain Closing Protection Letter Recording Fees Idaho $15 for a Deed less than 30 pages. $45 for a Deed of Trust/Mortgage with less than 30 pages. Otherwise, $10 for the first page, $3 for each additional page Montana $8.00 per page for a standard/conforming document. Add an additional $10.00 per document if the document is non-conforming (outside the required margins etc.) Washington $303.50 for the first page of a Deed and $304.50 for the first page of a Deed of Trust with, $1 for each additional page Wyoming $12 for the first page, $3 for each additional page E-File Fees Idaho An additional $5.00 per document in Idaho Washington An additional $5.00 (plus sales tax) per document in Washington Wyoming, and Montana An additional $5.00 per document in Wyoming & Montana 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE Issued by OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY 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, Old Republic National 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 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 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. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 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; 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. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 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 PROCEDURE 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. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE A ISSUED BY Old Republic National Title Insurance Company Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Alliance Title & Escrow, LLC Issuing Office: 405 E Chubbuck Rd., Chubbuck, ID 83202 Issuing Office’s ALTA® Registry ID: Loan Number: Issuing Office File Number: 682679 Property Address: 396 W Moody Rd, Rexburg, ID 83440 Revision Number: 3rd – Updated Effective Date, Taxes, & Delete Exceptions No. 19, 20, 21, 22, 23, 24, & 25 1. Commitment Date: July 7, 2025 at 7:30 A.M 2. Policy to be issued: (a) 2021 ALTA® Owner's Policy X Standard Extended Amount: $800,000.00 Premium:$2,556.00 Endorsements: Proposed Insured: UDG, Corp, a Utah corporation (b) 2021 ALTA® Loan Policy Standard Extended Amount: Premium:$0.00 Endorsements: Proposed Insured: 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: Mack G. Shirley and Bruce L. Shirley, as Trustees of The Mary G. Shirley Irrevocable Trust 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 5. The Land is described as follows: Lot, 1, 2, 3, 5, 6, 7 and 8, Block 1, Shirley Subdivision, according to the official plat thereof, as recorded in the office of the County Recorder of Madison County, Idaho. Old Republic National Title Insurance Company Countersigned By: Curtice Smith Authorized Signatory 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE B PART I ISSUED BY Old Republic National Title Insurance Company REQUIREMENTS: File Number: 682679 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. According to the available County Assessor's Office records, the land is purported to have no improvements and/or is non-owner occupied. Upon confirmation, as provided in Commitment Condition 4 the Company may amend this commitment to add, among other things, additional exceptions or requirements. 6. Intentionally Deleted 03/26/2025 CCS 7. If the title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this company will require a copy of the trust instrument creating said trust, and all amendments thereto, together with a written verification by all present trustees that the copy is the true and correct copy of the trust, as it may have been amended, that is in full force and effect and that it has not been revoked or terminated. 8. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of UDG Corp. 9. Delivery to and approval by the Company of documentation authorizing transaction and setting forth parties authorized to execute documents on behalf of UDG Corp.. NOTES: A. Any map or sketch enclosed as an attachment herewith is furnished for informational purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the Company assumes no liability for any loss occurring by reason of reliance thereon. B. This Company reserves the right to add additional requirements and exceptions, as the details of this transaction are disclosed to, or become known by the Company. C. As of the date hereof there are no matters against UDG Corp which would appear as exceptions in the policy to issue, except as shown herein. D. We find no activity in the past 24 months regarding transfer of title to subject property. We note the following transfer of title to subject property: Grant Deed Grantor: Mary G. Shirley Grantee: Mack G. Shirley and Bruce L. Shirley, as Trustees of The Mary G. Shirley Irrevocable Trust Recorded: October 14, 1994 Instrument No.: 253772 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) E. Intentionally Deleted KB 8/7/2025 F. Intentionally Deleted KB 8/7/2025 G. In the event this transaction fails to close and this commitment is cancelled a fee will be charged complying with the state insurance code. H. According to the available County Assessor's Office records, the purported address of said land is: 396 W Moody Rd, Rexburg, ID 83440 and NNA Bareground, Rexburg, ID 83440 I. Taxes, including any assessments collected therewith, for the year shown below are paid: Amount: 1,187.34 Year: 2024 Parcel No.: RP04SHR0010060 Taxes as paid include the following exemptions: Homeowners J. Taxes, including any assessments collected therewith, for the year shown below are paid: Year: 2024 Amount: $110.10 Parcel No.: RP04SHR0010010 Amount: 110.10 Parcel No.: RP04SHR0010020 Amount: 137.62 Parcel No.: RP04SHR0010030 Amount: 137.62 Parcel No.: RP04SHR0010040 Amount: 110.10 Parcel No.: RP04SHR0010050 Amount: 174.96 Parcel No.: RP04SHR0010070 Amount: 110.10 Parcel No.: RP04SHR0010080 A copy of our Privacy Policy is available on our website, via email, or paper format upon request. Please contact your Title Officer if you would like to request a copy of our Privacy Policy. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021) SCHEDULE B PART II ISSUED BY Old Republic National Title Insurance Company EXCEPTIONS: File Number: 682679 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.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. 2.Rights or claims of parties in possession not shown by the public records. 3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4.Easements, or claims of easements, not shown by the public records. 5.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. 6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights or easements appurtenant to water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 7.Taxes or special assessments which are not shown as existing liens by the public records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which 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. 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 8.Taxes, including any assessments collected therewith, for the year 2025 which are a lien not yet due and payable. 9.Levies and assessments of the Fremont-Madison Irrigation District, and the rights, powers and easements of said district as by law provided. 10.Special assessments, if any, for the City of Rexburg. 11.Easements, reservations, notes and/or dedications as shown on the official plat of . 12.Ditch, road and public utility easements as the same may exist over said Land. 13.Right, title and interest of the public in and to those portions of the Land lying within roads or highways. 14.Right-of-way for Teton Island Canal and the rights of access thereto for maintenance of said canal. 15.An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: Mountain States Telephone and Telegraph Company Purpose: Public Utilities Recorded: November 8, 1919 Book: 73, Page: 595 16.An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: State of Idaho Purpose: Public Utilities Recorded: February 1, 1979 Instrument No.: 176807 17.An easement for the purpose shown below and rights incidental thereto as set forth in document: Granted To: State of Idaho Purpose: Public Utilities Recorded: January 2, 1979 Instrument No.: 176808 18.The provisions contained in Deed. Recorded: February 1, 1979. Instrument No.: 176809 As follows: Prohibits the erection or construction of any buildings or structures, except irrigation or drainage structures within 20 feet of the real property. Together with all right of access between the right of way of said project and the remaining contiguous real property. 19.Intentionally Deleted KB 8/7/2025 Intentionally Deleted KB 8/7/2025 Intentionally Deleted KB 8/7/2025 20.Intentionally Deleted KB 8/7/2025 21.Intentionally Deleted KB 8/7/2025 22.Intentionally Deleted KB 8/7/2025 23.Intentionally Deleted KB 8/7/2025 24.Intentionally Deleted KB 8/7/2025 25.Intentionally Deleted KB 8/7/2025 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 countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 682679 ALTA Commitment for Title Insurance (07-01-2021) 26.The interest, if any, of the grantee in the deed referenced below at the date of said deed the grantor therein had no record interest in said land and has not since acquired any. Grantor: Lee Ann Bryson. Grantee: Melvin R. Bryson and Lee Ann Bryson, Trustees of the Melvin and Lee Ann Bryson Trust, UTAD February 5, 2003. Recorded: February 10, 2003. Instrument/File No. 301487 27.Any invalidity or defect in the title of the vestees in the event that the trust referred to in the vesting portion of Schedule A is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. END OF SCHEDULE B