HomeMy WebLinkAboutENCLAVE AT REDWOOD - FDP220014 - SUBMITTAL DOCUMENTS - ROUND 5 - SUPPORTING DOCUMENTATION (3)12/11/2023 2:18 PM Title Report No.: 00502094-201-T21-EG
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Fidelity National Title Insurance Company
TITLE REPORT
SCHEDULE A
Title Report No:00502094-201-T21-EG
1.Effective Date: December 4, 2023 at 8:00 A.M.
2.The estate or interest in the land described or referred to in this Title Report is:
FEE SIMPLE
3.Title to the estate or interest in the land is at the Effective Date vested in:
DHIC - Enclave, LLC, a Delaware limited liability company
4.The land referred to in this Title Report is described as follows:
See Attached Legal Description
(for informational purposes only) Redwood Village PUD PH II FTC (30 Acres), Fort Collins, CO
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Attached Legal Description
PARCEL ONE:
All of Redwood Village P.U.D. Phase II, in the City of Fort Collins, according to the plat thereof recorded August
17, 1984 in Book 2285 at Page 1285, County of Larimer, State of Colorado,
EXCEPT therefrom all streets and drives as platted and dedicated on Plat of Redwood Village P.U.D. Phase II
and EXCEPT therefrom any portion described in Deed recorded October 22, 1986 at Reception No. 86061353
and EXCEPT that parcel described as Exhibit 1 of Final Rule and Order recorded September 15, 2017 at
Reception No. 20170061770.
PARCEL TWO:
A portion of the E ½ of Section 1, Township 7 North, Range 69 West of the 6th P.M., in the City of Fort Collins,
County of Larimer, State of Colorado, described as follows:
Beginning at the E ¼ corner of said Section;
Thence S 0º04’13” E, 18.55 feet to the approximate centerline of the Lake Canal;
Thence along said centerline the following courses:
S 80º01’17” W, 667.35 feet;
Thence S 47º03’17” W, 2202.34 feet;
Thence S 43º21’47” W, 174.33 feet;
Thence S 30º29’02” W, 74.72 feet;
Thence S 89º59’37” W, 12.64 feet;
Thence S 18º53’18” W, 159.21 feet;
Thence S 42º21’03” W, 133.72 feet;
Thence S 89º59’37” W, 88.60 feet to the centerline of Redwood Street;
Thence along said centerline the following courses:
N 01º06’00” E, 1564.65 feet to the beginning of a curve concave to the Southwest having a central angle of
17º32’36” and a radius of 398.85 feet;
Thence Northwesterly along the arc of said curve 122.12 feet, a radial line passing through said point bears N
73º33’24” East;
Thence along the Southerly line of Evergreen Park Second Filing, City of Fort Collins, said County, the following
courses:
S 88º54’00” E, 484.58 feet;
Thence N 25º32’53” E, 127.00 feet;
Thence N 44º22’50” W, 263.83 feet;
Thence N 30º37’29” W, 79.64 feet to a curve concave to the Northwest, having a central angle of 11º30’40” and a
radius of 150.87 feet;
Thence Northeasterly along the arc of said curve 30.31 feet;
Thence N 47º51’51” E, 236.19 feet to a curve concave to the Southeast, having a central angle of 42º12’52” and a
radius of 250.15 feet;
Thence Northeasterly along the arc of said curve 184.31 feet;
Thence S 89º55’17” E, 1189.20 feet;
Thence S 00º04’43” W, 362.88 feet;
Thence N 47º03’17” E, 136.25 feet;
Thence N 80º01’17” E, 367.84 feet;
Thence N 00º04’43” E, 205.68 feet;
Thence S 89º55’17” E, 322.91 feet to the East line of the NE ¼ of said Section;
Thence along said East line S 00º04’13” E, 210.40 feet more or less to the Point of Beginning,
EXCEPT that part known as Evergreen Park Third Filing, according to the plat thereof recorded in Plat Book E at
Page 86;
FURTHER EXCEPTING therefrom that part known as Redwood Village P.U.D. Phase I, according to the plat
thereof recorded in Book 2206 at Page 1870;
AND FURTHER EXCEPTING therefrom that part known as Redwood Village P.U.D. Phase II, according to the
plat thereof recorded in Book 2285 at Page 1285;
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AND FURTHER EXCEPTING therefrom that part known as Evergreen Park Second Filing, according to plat
thereof recorded in Plat Book E at Page 81;
AND FURTHER EXCEPTING any portion contained within Redwood Street,
AND FURTHER EXCEPTING therefrom that portion conveyed to the City of Fort Collins in Deed recorded August
31, 1990 at Reception No. 90039473.
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SCHEDULE B
Exceptions
1.Any facts, rights, interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachments, encumbrances, 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 Public
Records.
4.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.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed
Insured acquires of record for the value the estate or interest or mortgage thereon covered by this
Commitment.
NOTE: The above exception will not appear on policies where closing and settlement has been
performed by the Company.
6.Water rights, claims of title to water, whether or not these matters are shown by the Public Records.
7.All taxes and assessments, now or heretofore assessed, due or payable.
NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes.
8.Right of way for Lake Canal, as described in Deed as set forth below:
Recording Date:March 4, 1905
Recording No.:Book 188 at Page 338
9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:City of Fort Collins
Purpose:power line
Recording Date:March 28, 1957
Recording No:Book 1041 at Page 215
10.Reservations of minerals and easements and covenants as contained in Deed as set forth below:
Recording Date:March 27, 1962
Recording No.:Book 1167 at Page 387
11.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:Great Western Sugar Company
Recording Date:April 14, 1969
Recording No.:Book 1406 at Page 831
12.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
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Granted to:City of Fort Collins
Purpose:drainage
Recording Date:May 16, 1983
Recording No:Book 2219 at Page 1550
13.Notes, statements, easements and rights of way as set forth on the Plat(s) of Redwood Village P.U.D.
Phase II set forth below:
Recording Date:August 17, 1984
Recording No:Book 2285 at Page 1285
14.Terms, conditions, provisions, agreements and obligations contained in the Site and Landscape
Covenants as set forth below:
Recording Date:August 17, 1984
Recording No.:Book 2285 at Page 1287
15.Terms, conditions, provisions, agreements and obligations contained in the Acknowledgement and
Release Form as set forth below:
Recording Date:March 3, 2008
Recording No.:Reception No. 20080013408
16.Easements, provisions, agreements and obligations contained in the Final Rule and Order in Case No.
2010CV442 as set forth below:
Recording Date:September 9, 2010
Recording No.:Reception No. 20100053124
17.Easements, provisions, agreements and obligations contained in the Amended Final Rule and Order in
Case No. 09CV610 as set forth below:
Recording Date:December 20, 2010
Recording No.:Reception No. 20100082084
18.Terms, conditions, provisions, agreements, easements and obligations contained in the Final Rule and
Order as set forth below: (except for the Temporary Construction Easement Deed with Terms and
Conditions attached as Exhibit 4 to the Final Rule and Order which has expired under its own terms)
Recording Date:September 15, 2017
Recording No.:Reception No. 20170061770
19.The effect of Order to Exclude Land from East Larimer County Water District as set forth below: (affecting
a portion of subject property)
Recording Date:May 17, 2018
Recording No.:Reception No. 20180029595
23.All rights and interest into minerals and groundwater as conveyed in Mineral Deed recorded December
16, 201 at Reception No. 20210113770.
24.Terms, conditions, provisions, agreements, restrictions and obligations contained in Declaration of
Restrictive Covenants recorded December 16, 2021 at Reception No. 20210113769.
24.2021 Real Property Delinquents Tax List recorded November 14, 2023 at Reception No. 20230048926.
24.ALTA/NSPS Land Title Survey recorded March 21, 2023 at Reception No. 20230010806.
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END OF EXCEPTIONS
THIS IS A TITLE REPORT ONLY. This is not a commitment to insure.
The information set forth herein is based on information supplied to Fidelity National Title Insurance Co., National
Commercial Services by sources believed to be reliable and is provided for accommodation purposes only.
Fidelity National Title Insurance Co., National Commercial Services assumes no liability hereunder unless a policy
or policies of title insurance are issued by Fidelity National Title Insurance Co., National Commercial Services 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 Fidelity National Title Insurance Co., National
Commercial Services 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.
NOTE:
Below Exhibit B and/or Exhibit C Need to be able to pull in depending on which version is used.
If this is a no cost form use Exhibit B (Below)
If there is a fee to this form, use Exhibit C (Below)
F11 to the one you do not want and press DEL
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Exhibit B
LIMITATION OF LIABILITY AND EXCULPATORY CLAUSES FOR-- NO COST SEARCHES
THE INFORMATION IN THIS REPORT HAS BEEN PROVIDED AT NO COST TO YOU. THIS REPORT IS
LIMITED IN SCOPE. IT IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, CERTIFICATE OF TITLE OR
PRELIMINARY TITLE REPORT, NOR A REPRESENTATION OF THE STATUS OF TITLE, AND ITS
ACCURACY IS NOT INSURED. WHILE THIS INFORMATION IS BELIEVED TO BE CORRECT, THE COMPANY
MAKES NO REPRESENTATIONS AS TO ITS ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE
REPORT, ASSUMES NO DUTIES TO YOU OR ANY THIRD PARTY, DOES NOT INTEND FOR YOU OR ANY
THIRD PARTY TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY
REASON OF RELIANCE ON THIS REPORT OR OTHERWISE. IN PROVIDING THIS REPORT, THE COMPANY
IS NOT ACTING AS AN ABSTRACTOR OF TITLE. IF IT IS DESIRED THAT 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.
IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE
PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, SUBCONTRACTORS OR AGENTS BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF
PROFITS, REVENUE, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, NON-OPERATION OR
INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR
COST OF REPLACEMENT PRODUCTS OR SERVICES, OR ANY AND ALL OTHER RISKS OR HARM
INCURRED BY YOU, 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.
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
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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.
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