TITLE INSURANCE 364 Turkey Hill-Mineral Hills GreenwayHomeowner's Policy p' Title Insurance
For a One-To-Four Fa •• 1il Residence
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011400-0284580e
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa Ana, California 92707
File No.: City Premium $: 528.00
Non-Residential(All Other)
PolicyAmount: $ 131,400.00 Policy Date (and Time): 02/14/2012@ 11 :40 am
Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16, 18, 19 and 21:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1% of Policy Amount Shown in Schedule A $ 10,000
Covered Risk 18:
Covered Risk 19:
Covered Risk 21 :
or
$2,500
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$5,000
(whichever is less)
1 % of Policy Amount Shown in Schedule A
or
$2,500
(whichever is less)
Street Address of the Land: 364 Turkey Hill Road, Northampton, MA 01060
1. Name of Insured: City of Northampton through its Conservation Commission
2. Your interest in the Land covered by this Policy is: Fee Simple
3. The Land referred to in this Policy is described as:
364 Turkey Hill Road
$ 25,000
$ 25,000
$ 5,000
known as of the Condominium,
~~~~~~~~~~~~~~~~~~~-
Lot No(s). in the Sub division,
in the City/Town of Northampton , County of Hampshire
~~~~~~~~~~~~-
St ate of Massachusetts and is described as set forth in "Exhibit A" attached hereto and made a part hereof.
Issuing Agent: Elaine M. Reali
Address: 20 Hampton Avenue
City, State, Zip: Northampton, MA 01060
By: C,(a(lU_ t4_, JlJ~
Authorized Countersignature Elaine Reali, Esquire
(This Schedule A valid only when Schedule B is attached)
Form 5020500-A (5-1-10) Page 1 of 1
This copy to the Agent
AL TA Homeowner's Policy of Title Insurance (Rev. 2-3-10)
Massachusetts -Schedule A
1022
File No.: City
Homeowner's Poliv·· of Title Insurance
For a One-To-Four ramil Residence
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
5011400-0284580e
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
PARTI
1. IF THE INSURED PREMISES IS A CONDOMINIUM UNIT: Covenants, conditions, restrictions, reservations,
easements, liens for assessments, options, powers of attorney, and limitations on title, created by the laws of
the State of the insured premises or set forth in the Master Deed or Declaration of Condominium, in the related
By-Laws, in the Declaration of Trust, or Site Plans and Floor Plans as duly recorded in the appropriate land
records office and as the same may have been lawfully amended, and in any instrument creating the estate or
interest insured by this policy.
2. Wetlands Orders of Conditions dated January 27, 2001 and recorded in the Hampshire County
Registry of Deeds in Book 6298 and Page 212.
3. Wetlands Orders of Conditions dated June 27, 2001 and recorded in the Hampshire County
Registry of Deeds in Book 6728 and Page 89.
4. Wetlands Orders of Conditions dated June 13, 2003 and recorded in the Hampshire County
Registry of Deeds in Book 7907 and Page 168.
5. Wetlands Orders of Conditions dated June 24, 2006 and recorded in the Hampshire County
Registry of Deeds in Book 8589 and Page 345.
6. Decision of Planning Board dated March 24, 2006 and recorded in the Hampshire County Registry
of Deeds in Book 8681 and Page 303 regarding one flat lot and one townhouse lot. See also
Scrivener's Affidavit recorded in the Hampshire County Registry of Deeds in Book 9064 and Page
292.
7. The terms and provisions of a common driveway maintenance agreement dated March 17, 2007
and recorded in the Hampshire County Registry of Deeds in Book 9064 and Page 264.
8. Easement rights granted to Massachusetts Electric Company dated December 31, 2007 and
recorded in the Hampshire County Registry of Deeds in Book 9371 and Page 53.
9. Conservation Restriction and Easement in favor of the City of Northampton and the Town of
Westhampton dated July 17, 2006 and recorded in the Hampshire County Registry of Deeds in
Book 8990 and Page 33.
Form 5020500-B-MA (10-1-11) Page 1 of 1 AL TA Homeowner's Policy of Title Insurance (Rev. 2-3-10)
Massachusetts-Schedule B
This copy to the Agent 1025
' '
---'
( Homeowner's Policy of ( e Insurance {~ Pirst American Titie One-To-Four Family Residence
ISSUED BY
First American Title Insurance Company
Exhibit A Policy Number:
5011400-0284580e
File No.: City
EXHIBIT A
The Land referred to herin below is situated in the County of Hampshire
and is described as follows:
State of Massachusetts
A parcel of land consisting of 5.8221 +-acres located on Turkey Hill Road, Northampton, Hampshire County,
Massachusetts described as the parcel shown as "2, 5.8221 AC.+/-" on a survey entitled "Plan of Land in
Northampton, Massachusetts, Prepared for Jedoron Realty, Inc. " signed by Emily B. Holmberg, Professional Land
Surveyor, Holmberg & Howe, Inc., dated June 11, 2006, and recorded in the Hampshire County Registry of Deeds at
Plan Book 211 Page 12.
This conveyance is subject to a common driveway maintenance agreement recorded in said Registry at Book 8990,
Page 33, the right of W.D. Cowls, Inc. and their successors in interest to use the Grantee's interests in the fee title
under Turkey Hill Road as an access right-of-way consistent with an easement recorded in said Registry at Book 8486,
Page 310, and a hammerhead easement granted to the City of Northampton shown on the above refererenced plans.
Grantee understands and covenants that, consistent with the Community Preservation Act, it is desirable, and it is
Grantee's intent, that the land being conveyed to Grantee eventually have a Conservation Restriction placed upon it,
and Grantee agrees that such a restriction, because it is envisioned now, is consistent with Article 97 of the
amendments of the Massachusetts Constititution.
For source of Grantor's title, see deed recorded at the Hampshire County Registry of Deeds at Book 2875, Page 165
(12/18/1986).
This property to be combined with the adjacent property of the Grantee acquired by a deed recorded at the Hampshire
County Registry of Deeds at book 9009, Page 36. Grantee's authority to acquire this land is authorized by a
Northampton City Council Order dated June 16, 2011, and recorded as Exhibit A.
This property is subject to a Massachusetts Land Program Project Agreement recorded simultaneously with this deed.
Grantor warrants that this conveyance is not a sale of all, or substantially all, of the assets of Grantor.
Form 5000000-EX (8-1-09)
This copy to the Agent
Multipurpose Exhibit A
Massachusetts
3146
Endorsement 8.1-Q_Q (Environmental Protection Lien -Loan)
Adopted 6/17/06
First Arnerican Title Insurance Compuny
ENDORSEMENT
Attached to and made a part of Policy Number: 5Qt HCD· ~ile Number: _C_ity _______ _
The insurance afforded by this endorsement is only effective ifthe Land is used or is to be used primarily for residential
purposes.
The Company insures against loss or damage sustained by the Insured by reason of lack of priority of the lien of the Insured
Mortgage over
(a) any environmental protection lien which, at Date of Policy, is recorded in those records established under
state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge, or filed in the records of the clerk of the United
States District Court for the district in which the land is located, except as set forth in Schedule B; or
(b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except
environmental protection liens provided for by the following state statutes:
None
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this
endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy
and of any prior endorsements.
First American Title Insurance Company
AUTHORIZED SIGNATORY Elaine Reali, Esquire
Elaine M. Reali
FIRM NAME
20 Hampton Avenue, Northampton, MA 01060
This copy to the Agent 1027
Form No. 1490 EAGLE (6/98)
CLTA Homeowner's Policy of Title Insurance (6/2/98)
ALTA Homeowner's Policy #'.tl;;nsuran;e1~~; N 0 1 Q2 7 5 8 2 2 2 /vl?/'lf 1
MAEO
:i;J'>\\f!otwy o/~~ wn4WFU/)UX3
}fjj First American Title Insurance Company
/d.tt:,it~::cfiiQrtJ C&~u,nca;(.~~ _p,;,JHr.:v
FOR A ONE-TO-FOUR FAMILY RESIDENCE
OWNER'S~:~Ei!~i;E;~~1~~M •! ~{. /,
This Policy insures\i/iil"ag~inst actual including ari)';{costs, attorneys'Jees and
expenses provided under this Policy, r g from the:,G:O'veied Risks s~)'.f(Jith below, if
the Land is an improved residential lot . ich there'js:lqcated a one-to."fiiur family
residence and each insured named in S A is aiN&tura!'!Rerson. ;;;;:/
Your insurance is effective on the Policy '"·'' cover~ Your:~6tiJal loss from
any risk described under Covered Risks g'me·1risk exjsJs on the Policy
Date or, to the extent expressly stated. afteii:ih8; Pol 1 f:i;
Your insurance is limited by all of the follo~JqQ\ ,:J?! cl\:\ <::
• The Policy Amount shown in Schedule::~~!: ;1Ji;' f•'t. \(;'
• For Covered Risk 14, 15, 16 and 18, Yo.u~~ea.uctible Amml.ntand Our Maximum
Dollar Limit of Liability shown in Schedilte;,11.,; · • ·:··.;.:'
o. Exceptions in Schedule B .. ·.~::.,:tJ:;· ·' ·/<;~·
• OurDutyTo Defend Against Legal Actions
• Exclusions on page·2 '
• Conditions on page 2 and 3 ..
COVERED RISKS
·The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title arising out of leases, contracts,
options.
3. ·Someone else claims to have rights affecting Your Tiiie arising out of forgery
impersonation. '
. 4. So.meone else has an easement. on the Land.
5: . SoJlleone else has a right to. lirfii! Your use of the Land.
6. Your Title is defective.
7. Any of. Covered Risks 1 through 6 occurring after the Policy Date.
8. Someone else has a lien on Your Title, including a:
a. Mortgage: ·
b. judgment, state or federal tax lien, or special assessment:
c. charge by a homeowner's or condominium association; or
d. lien, occurring before or after the Policy Date, for labor and material furnished
before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have rights affecting Your Title arising out of fraud, duress,
incompetency or incapacity.
11. You do not have both actual vehicular and pedestrian access to and from the Land,
based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition
or restriction affecting the Land, even if the covenant, condition or restriction is
excepted in Schedule B.
13. Your Title is lost or taken because of a violation of any covenant. condition or
restriction. which occurred before You acquired Your Title. even if the covenant,
condition or restriction is excepted in Schedule B.
14. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building permit:
b. You are forced to correct or remove the violation: or
c. someone else has a legal right to, and does. refuse to perform a contract to
purchase the Land. lease it or make a Mortgage loan on it..
The amount of Your insurance for this Covered Risk is subject to Your Deductible
Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
15. You are forced to remove or remedy Your existing structures, or any part of them -
other than boundary walls or fences -because any portion was built without
obtaining a building permit from the proper government office. The amount of Your
insurance tor this Covered Risk is subject to Your Deductible Amount and Our
Maximum Dollar Limit of Liability shown in Schedule A.
<:Ft)
16. You are forced to remove or remedy Your existing structures, or any part of them.
because they violate an existing zoning law or zoning regulation. If You are required
to remedy any portion of Your existing structures, the amount of Your insurance tor
this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar
Limit of Liability shown in Schedule A.
17. You cannot use the Land because use as a single-family residence violates an
existing zoning law or zoning regulation.
18. You are forced to remove Your existing structures because they.encroach onto Your
neighbor's Land. If the encroaching structures are boundary walls or fences, the
amount of Your insurance for this Covered Risk is subject to Your Deductible
Amount and Our Maximum Dollar Limit of liability shown in Schedule A.
19. Someone else has a legal right to, and does, refuse to perform a contract to purchase
the Land, lease it or make a Mortgage loan on it because Your neighbor's existing
strnctlires encroach onto the Land.
20. '(~J;'are forced to remove Your existing structures because they encroach onto an
easement or over a building set-back line, even if the easement or building set-back
liq~Jiis excepted in Schedule B. Y~~(, existing structures are damaged because of the exercise of a right to maintain or
· .. , .. easement affecting the Land, even if the easement is excepted in Schedule B.
·sling improvements (or a replacement or modification made to them after the
ate), including lawns, shrubbery or trees, are damaged because of the future
of a right to use the surface of the Land for the extraction or development of
. water or any other iubstance. even if those rights are excepted or reserved
description of the Land or excepted in Schedule B. ·
else tries to enforce a discriminatory covenant, condition or restriction that
im affe · based upon race. color, religion. sex, handicap,
familial status .
24. A taxing,;iut]lo
ag'ailist the La
change of
25. Your neighbor 6~
walls or fences "
26. Your Title is un.
contract to pur ·
27. A document up
signed, sealed,
28. The residence
the Pol icy Date.
ich allows someone else to refuse to perform a
the Land, lease it or make a Mortgage loan on it.
ich Your Title is based is invalid because it was not properly
wledged, delivered or recorded. m!q~[~~ggj)! in Sch
29. The map, if any, attached to this Policy does
Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL A
We will defend Your Tiiie in any legal action only
based on a Covered Risk and which is not exce
Policy. We will pay the costs. attorneys' fees. and
We will not pay for any part of the legal action wh
which is excepted or excluded from coverage in I
We can end Our duty to defend Your Title under p
This Policy is not complete without Schedules A and B.
EXCLUSIONS
IQ addition lb the Exceptions in Sched_ule B, You are 11u1 insured against loss, costs,
attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government
regulation. This includes ordinances. laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the Land
e. land division
f. environmenta·I protection
This Exclusion does not apply to violations or the enforcement of these matters if notice
of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance
with applicable building codes. This Exclusion does not apply to violations of building
codes it notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought
the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the
Public Records;
b. that are Known· to You atthe Policy Date, but not to Us; unless they appear in the
Public Records at the Policy Date;
c. thatresult in no loss to You; or
d. that first occur alter the Policy Date -this does not limit the coverage described
· in Covered Risk 7,. 8.d, 22, 23, 24 or 25.
5.' Failure to pay value torYoor Title.
6. Lack ota right
: a. to.any Land outside the area specifically .described and referred to in
• -1 paragraph 3 of Schedule A; and
b .. in streets\ alleys; or waterways. that touch.the Land.
·,This Exclusion does 1not:limit the coverage described in Covered Risk 11or18.
';,' ' .. ~; '. '
CONDITIONS
1. DEFINITIONS:
a. Easement -the right of someone else to use the Land tor a special purpose.
b. Known -things about which You have actual knowledge. The words "Know" and
"Knowing" have the same meaning as Known.
c. Land -the Land or condominium unit described in paragraph 3 of Schedule A and
any improvements on the Land which are real property.
d. Mortgage -a mortgage, deed of trust, trust deed or other security instrument.
e. Natural Person -a human being, not a commercial or legal organization or entity.
Natural Person includes a trustee of a Trust even if the trustee is not a human being.
f. Policy Date -the date and time shown in Schedule A. If the insured named in
Schedule A first acquires the interest shown in Scheaule A by an instrument recorded
in the Public Records later than the daie and time shown in Schedule A, the Policy
Date is the date and time the instrument is recorded.
g. Public Records -records that give constructive notice of matters affecting Your
Title, according to the state statutes where the Land is located.
h. Tille -the ownership of Your interest in the Land, as shown in Schedule A.
i. Trust -a living trust established by a human being for estate planning.
j. We/Our/Us -First American Title Insurance Company.
k. You/Your -the insured named in Schedule A and also those identified in paragraph.
2..b. of these Conditions.
2. CONTINUATION OF C 'AGE:
a. This Policy insures You 1rever, even alter You no longer have Your Title. You cannot
assign this Policy to anyone else.
b. This Policy also insures:
(1) anyone who inherits Your Title because of Your death;
(2) Your spouse who receives Your Title because of dissolution of Your marriage;
(3) the trustee or successor trustee of a Trust to whom You transfer
Your Title alter the Policy Date; or
(4) the beneficiaries of Your Trust upon Your death.
c. We may assert against the insureds identified in paragraph 2.b. any rights and defenses
that We have against any previous insured under this Policy.
3. HOW TO MAKE A CLAIM:
a. Prompt Notice Of Ypur Claim
(1) As soon as You Know of anything that might be covered by this Policy, You must
notify Us promptly in writing.
(2) Send Your notice to First American Title Insurance Company, 1 First American
Way, Santa Ana, California, 92707, Attention: Claims Department. Please
include the Policy number shown in Schedule A, and the county and state
where the Land is located. Please enclose a copy of Your policy, if available.
(3) If You do not give Us prompt notice, Your coverage will be reduced or ended,
but only to the extent Your failure affects Our ability to resolve the claim or
defend You.
b. Proof Of Your Loss
(1) We may require You to give Us a written statement signed by You describing Your
loss which includes:
(a) the basis of Your·claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
fd) the method You used to compute the amou'nt of Your loss.
(2) We may require•You to make available to Us records, checks, letters, contracts,
insurance policies and other papers which relate to Your claim. We may make
copies of these papers .
.. (3) We may require You to answer questions about Your claim under oath.
(4) If You fail or refuse to give Us a statement of loss, answer Our questions under
·oatli, or make available to Us the papers We request, Your coverage will be reduced
or ended, but only to the extent Your failure or refusal affects Our ability to resolve
the claim or defend You.
4. OUR CHOICES WHEN WE LEARN OF A CLAIM:
a. After We receive Your notice, or otherwise learn, of a claim that is covered by this Policy,
Our choices include one or more of the following:
(1) Pay the claim. _
(2) Negotiate a settlement.
(3) Bring or defend a legal action related to the claim.
( 4) Pay You the amount required by this Policy.
(5) End the coverage of this Policy for the claim by paying You Your actual loss
resulting from the Covered Risk, and those costs, attorneys' tees and expenses
incurred up to that time which We are obligated to pay.
(6) End the coverage described in Covered Risk 14, 15, 16 or 18 by paying You
the amount of Your insurance then in force tor the particular Covered Risk, and
those costs, attorneys' fees and expenses incurred up to that time which We are
obligated to pay.
(7) End all coverage of this Policy by paying You the Policy Amount then in force
and all those costs, attorneys' fees and expenses incurred up to that time which We
are.obligated to pay.
Eagle
Owner's
None
Loan
FILE NO. City Plng Dept
POLICY NUMBER DATE & TIME OF POLICY AMOUNT OF INSURANCE PREMIUM
-
102758222 01/12/2007 @ 1:45 pm $ 685,000.00 $ 2,740.00
POLICY NUMBER
I
DATE & TIME OF POLICY AMOUNT OF INSURANCE PREMIUM
I $ $ 0.00
I 0 Please 1nd1cate 1f this loan 1s a refinance. ~olicy No(s). Amount(s) of Insurance $ O J
Deductible Amounts and Maximum Dollar Limits of Liability for Covered Risk 14, 15, 16 and 18:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 14 1% of Policy Amount or $2,500 (whichever is less)
(Subdivision Law Violation):
$10,000
Covered Risk 15 1% of Policy Amount or $5,000 (whichever is less)
(Building Permit):
$25,000
Covered Risk 16 1% of Policy Amount or $5,000 (whichever is less)
(Zoning):
$25,000
Covered Risk 18 1% of Policy Amount or $2,500 (whichever is less)
(Encroachment of Boundary Walls or Fences):
$ 5,000
Street Address of the Land: Turkey Hill Road, Northampton/Westhampton, MA 01060/01027
1. Name oflnsured:
City of Northampton
2. Your interest in the land covered by this Policy is Fee Simple
3. The Land referred to in this Policy is described as follows:
Turkey Hill Road (Street)
known as Unit of the Condominium,
LotNo(s). in the Subdivision,
in the City/Town of Northampton/Westhampton , County of Hampshire
State of Massachusetts and is described as set forth in "Exhibit A" attached hereto and made a part hereof.
4. The Land herein described is encumbered by the following mortgage, and the assignment thereof, if any:
AUTHORIZED SIGNATORY
Elaine M. Reall
TYPE FIRM'S NAME
20 Hampton Avenue, Northampton, MA 01060
This S.chedule A is valid with First American Eagle policy only.
This copy to the Owner 1022
EXHIBIT A
The land in Northampton, Hampshire County, Massachusetts, shown as Lots A and Con a. plan of land entitled
Plan of Land in Northampton, Massachusetts Prepared for Jedoron Realty Trust, dated April 3, 1987, and
recorded in the Hampshire Registry of Deeds in Plan Book 147, Page 58.
Excepted from Lot C shall be:
1) the land conveyed to W.Q. Cowls, Inc. pursuant to a Boundary Line Agreement and Grant of Easements, dated
October 3, 2005, and recorded with said Registry in Book 8486, Page 310. See also plan entitled Plan of Land in
Northampton, Massachusetts Prepared for Jedoron Realty, Inc., dated April 15, 2005, and recorded. wit.h said
Registry in Plan Book 207, Page 54 ("the boundary agreement plan"), and
2) the land shown as Lots 1, 2, and 3 on a Plan of Land in. Northampton, Massachusetts, Prepared for Jedoron
Realty, inc., dated June 11, 2006, by Holmberg & Howe, Inc., Land Surveyors and Civil Engineers, which plan is
recorded in the Hampshire Registry of Deeds in Plan Book 211, Page 12 ("the lot plan").
Together with a hammerhead easement as shown on the lot plan which shall be used for all purposes for which
public ways are used in the City of Northampton.
Subject to easements granted to W.D. Cowls, Inc., pursuant to a Boundary Line Agreement and Grant of
Easements, dated October 3, 2005, and recorded with said Registry in Book 8486, Page 310.
This conveyance shall be subject to the following restrictions:
1) the Grantee shall prohibit public access to the area to the west of the westerly line of Lots 2 and 3 as shown on
the lot plan and designated thereon as "No Public Access". The Grantee shall post such area as a "no public
access area" and shall be responsible for maintenance and replacement of such signage.
2) the Grantee shall not lay out nor maintain any trails to the south or east of the existing logging road shown as
Easement #1 on the boundary agreement plan.
Being a portion of the premises conveyed to the Grantor by deeds of James F. Wzorek, Sr. and Christine Wzorek,
each of which· is dated.December 18, 1986, and recorded in the Hampshire Registry of Deeds in Book 2875,
Pages161, 162, 163,and 165.
10.53
Eagle
Owner's
None
Loan
SCHEDULE A FILE NO. City Plng Dept
POLICY NUMBER DATE & TIME OF POLICY AMOUNT OF INSURANCE PREMIUM
102758222 01/12/2007 @ 1:45 pm $ 685,000.00 $ 2,740.00
POLICY NUMBER DATE & TIME OF POLICY AMOUNT OF INSURANCE PREMIUM
$ $ 0.00
I I 0 Please indicate if this loan is,a refinance.
1_Policy No(s). Amount(s) of Insurance$ o =--j
Deductible Amounts and Maximum Dollar Limits of Liability for Covered Risk 14, 15, 16 and 18:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 14 1% of Policy Amount or $2,500 (whichever is less)
(Subdivision Law Violation):
$10,000
Covered Risk 15 1% of Policy Amount or $5,000 (whichever is less) $25,000
(Building Permit):
Covered Risk 16 1% of Policy Amount or $5,000 (whichever is less) $25,000
(Zoning):
Covered Risk 18 _ !% of Policy Amount or $2,500 (whichever is less) $ 5,000
(Encroachment of Boundary Walls or Fences):
Street.Address of the Land: ' ,. '
Turkey Hill Road, Northampton/Westhampton, MA 01060/01027
I. Name oflnsured:
City of Northampton
2. Your interest in the land covered by this Policy is Fee Simple
3. The Land referred to in this policy is described as foHows:
Turkey Hill Road (Street)
known as Unit of the Condominium,
LotNo(s). in the Subdivision,
in the City/Town of Northampton/Westhampton , County of Hampshire
State of Massachusetts and is described as set forth in "Exhibit A" attached hereto and made a part hereof
4. The Land herein described is encumbered by the following mortgage, and the assignment thereof, if any:
AUTHORIZED SIGNATORY
Elaine M. Reall
TYPE FIRM'S NAME
20 Hampton Avenue, Northampton, MA 01060
This Schedule A is valid with First American Eagle policy only.
This copy to the Owner 1022
SCHEDULE B
File Agent No. City Plng Dept
Owner's Policy No. 102758222
~~~~~~~~~~
Loan Policy No.
EXCEPTIONS FROM COVERAGE
This Policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by
reason of:
PARTI
1. IF THE INS"URED PREMISES IS A CONDOMINIUM UNIT: Covenants, conditions, restrictions, reservations, easements, liens
for assessments, options, powers of attorney, and limitations on title, created by the laws of the State of the insured premises or set
forth in the Master Deed or Declaration of Condominium, in the related By-Laws, in the Declaration of Trust, or Site Plans and
Floor Plans as duly recorded in the appropriate land records office and as the same may have been lawfully amended, and in any
instrument creating the estate or interest insured by this policy.
2. Subject to Amended Order of Conditions as recorded in Hampshire County Registry of Deeds in Book
6728. Page .89; its Extension Permit as recorded in Book 7907, Page 168; and subsequent Extension permit
as recorded in Book 8589·Page 345
3. Excepted from locus is land lost by virtue of a Boundary Line Agreement in Book 8486 Page 310; as
depicted on accompanying survey in Plan Book 207, Page 54.
4. Sub]ec to' two easements for travel as set forth in Boundary Line Agreement iii' Book 8486 Page 31 O; as
depicted on accompanying surv.ey in Plan Book 207, Page 54. ' ·
5. See Planning Board Decision recorded in Book 2875, Page 175.
0 For additional exceptions see attached Schedule B-Part 1 Continuation Sheet.
INITIAL FOR IDENTIFICATION
This Schedule 8 is valid with First American Eagle policy only.
This copy to the Owner 1025
• ;? .. Whe-~ We.ihoose the options in paragraphs 4.a. (5( ·r (7), all Our obligations for
. • the claj11l end, including Our obligation to defend, or Cc .... o1ue to defend, any legal action.
e: Ev8n if We do not think that the Policy covers the claim, We may choose one or more
of the options above. By doing so, We do not give up any rights.
5. HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or legal action and-give Us all
relevant information.
b. If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but
only to the extent Your failure or refusal affects Our ability to resolve the claim or
defend You.
c. We are required to repay You only for those settlement costs, attorneys' fees and
expenses that We approve in advance.
d. We have the right to choose the attorney when We bring or defend a legal action on
-Your behalf. We can appeal any decision to the highest level. We do not have to pay
Your claim until the legal action is finally decided.
e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take
other appropriate action under this Policy. By doing so, We do not give up any rights.
6. LIMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies, We will pay no more thari the
least of:
(1) Your actual loss,
(2) Our Maximum Dollar Limit of Liability then in force for the particular Covered
Risk, for claims covered only under Covered Risk 14, 15, 16 or 18, or
(3) the Policy Amount .then in fo(ce,
and any costs, attorneys' fees and expenses which We a(e obligated to pay under
this Policy.
b. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of
it, all Our obligations for the claim end, including any obligation for loss You had
while We were removing the cause of the claim
(2) Regardless of 6.b. (1) above, if You GannoLuse the :land because of a claim
covered by this Policy:
(a) You may rent a reasonably equivalentc9ubstitute .residence and We will repay
You. for the actual rent·You pay, until th&.earlierof:,..
(1) the cause of the claim is removed; or
(2) We pay You the amount required by this Policy. If Your claim is covered
only under Covered Risk 14, 15, 16 or 18, that payment is the amount of
Your insurance then in force for the particular Covered Risk.
(b) We will pay reasonable costs You pay to relocate any personal property
You have the right to remove from the Land, including transportation of that
personal property for up to twenty-five (25) miles from the Land, and repair
of any damage to that personal property because of. the relocation. The
amount We will pay You under this paragraph is limited to the value of the
personal property before You relocate it.
c. All payments We make under this Policy reduce the Policy Amount, except for costs,
attorneys' fees and expenses. All payments we make for claims which are covered only
under Covered Risk 14, 15, 16or18 also reduce Our Maximum Dollar Limit of Liability.
for the particular Covered Risk, except for costs, attorneys' fees and expenses.
d. If We issue, or have issued, a policy to the owner of a Mortgage on Your Title and We
have not given You any coverage against the Mortgage, then:
(1) We have the right to pay any amount due You under this Policy to the owner of the
Mortgage to reduce the amount of the Mortgage, and any amount paid shall be
treated as a payment to You under this Policy, including under paragraph 4.a.of
these Conditions;
(2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy
Amount of this Policy; and
(3) If Your claim is er only under Covered Risk 14, 15, 16or18, any amount IJ3id
to the owner of the 1viortgage shall also be subtracted from Our Maximum D~llar
Limit of Liability for the particular Covered Risk.
e. If You do anything to affect any right of recovery You may have against someone 131se,
We can subtract from Our liabiliiy the amount by which You reduced the value
of that right.
7. TRANSFER OF YOUR RIGHTS TO US
a. When We settle Your claim, We have all the rights You have against any person or
property related to the claim. You must transfer these rights to Us when We ask, and
You must not do anything to affect these rights. You must let Us use Your name in
enforcing these rights.
b. We will not be liable to You if We do not pursue these rights or if We do not recover
any amount that might be recoverable.
c. We will pay any money We collect from enforcing these rights in the following order
(1) to Us for the costs, attorneys' fees and expenses We paid to enforce these rights;
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of Your claim; and
( 4) to You whatever is left.
d. If You have rights under contracts (such as indemnities, guaranties, bonds or other
policies of insurance) to recover all or part of Your loss, then We have all of those
rights, even if those contracts provide that those obligated have all of Your rights
under this Policy.
8. ENTIRE CONTRACT
This Policy, with any endorsements, is the entire contract between You and Us.
To determine the meaning of any part of this Policy, You must read .the entire Policy.
Any changes to this Policy must be agreed to in writing by Us. Any Claim You make
against Us must be made under this Policy and is subject to its terms.
9. INCREASED POLICYAMOUNT
· The Policy Amount will 'increase by ten percent (10%) of the Policy Arnount shown in
Schedule A each year for the first five years following the policy date shown in
Schedu,le A, up to .one hundred fifty percent (150%) of the Policy Amo_unt shown .in
Schedule A. The increase each year will happen on the anniversary of the policy date
shown in Schedule A.
10. SEVERABILITY
If any part of this Policy is held to be legally unenforceable, both· You and We can still
enforce the rest of this Policy.
11. ARBITRATION
a. If permitted in the state where the Land is located You or We may demand arbitration.
b. The arbitration shall be binding on both You and Us. The arbitration shall decide any
matter in dispute between You and Us.
c. The arbitration award may be entered as a judgment in the proper court.
d. The arbitration shall be under the Title Insurance Arbitration Rules of the American
Arbitration Association. You may choose current Rules or Rules in existence on the
Policy Date.
e. The law used in the arbitration is the law of the place where the Land is located.
f. You can get.a copy of the Rules from Us.
Policy Page 3
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First Ame.f1can Title-.lnsurance Company
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