Title Commitment (1)This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY:CHB Title, LLC as agent for 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:CHB Title, LLC
Issuing Office:10850 Old County Road 15, Suite 100, Plymouth, MN 55441
As Agent For:Old Republic National Title Insurance Company
Property Address:Avienda Townhomes Replat, Chanhassen, MN 55317
File Number:61736
SCHEDULE A
1. Commitment Date: June 3, 2024 at 07:00 AM
2. Policy to be issued:
a.ALTA Owner's Policy (2021)
Proposed Insured:TO BE DETERMINED
Proposed Policy Amount:$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:
Level 7 Development, LLC, a Minnesota limited liability company as to all except those specifically listed
below;
Charles Cudd Co., LLC, a Minnesota limited liability company as to Lot 4, Block 1, Avienda Townhomes and
Lot 11, Block 5, Avienda Townhomes;
Jenifer Kenis Prince and Robert F. Prince, as joint tenants as to Lot 5, Block 1, Avienda Townhomes;
Todd David Michels as to Lot 1, Block 2, Avienda Townhomes;
Debra A. Jungclaus as to Lot 3, Block 2, Avienda Town homes;
David Schliesman and Sarah Schliesman, as joint tenants as to Lot 1, Block 4, Avienda Townhomes;
Dennis H. Heppelmann and Jeanne A. Heppelmann, as joint tenants as to Lot 1, Block 5, Avienda
Townhomes;
Kelly Patton and Karen Patton as joint tenants as to Lot 1, Block 6, Avienda Townhomes;
Carver County Holdings, LLC, a Minnesota corporation as to Lot 2, Block 6, Avienda Townhomes;
JDV Investments, LLC, a Minnesota limited liability company as to Lot 3, Block 6, Avienda Townhomes;
William I. Hamilton and Susan E. Hamilton, as joint tenants as to Lot 4, Block 6, Avienda Townhomes;
Cara L. Black and Sherman L. Black as Trustees of the Cara L. Black Revocable Trust U/A dated April 17,
2008 as to Lot 5, Block 6, Avienda Townhomes;
The Bobertz Living Trust dated May 31, 2013 as to Lot 6, Block 6, Avienda Townhomes;
Sungsook Kim Revocable Trust dated December 30, 2021 as to Lot 7, Block 6, Avienda Townhomes;
Timothy D. Foster and Teresa A. Foster, as joint tenants as to Lot 8, Block 6, Avienda Townhomes;
Avienda Villas II Association, a Minnesota nonprofit corporation as to Outlots B and C, Avienda Townhomes;
Avienda Villas I Association, a Minnesota nonprofit corporation as to Outlot F, Avienda Townhomes;
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. 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.
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.
ALTA Commitment for Title Insurance (07-01-2021)
Schedule BII
61736
5.The Land referred to in this commitment is Abstract Property, situated in the County of Carver, State of
Minnesota, and is described as follows:
Lots 1, 2, 3, 4 and 5, Block 1, Avienda Townhomes, Carver County, Minnesota.
Lots 1, 2 and 3, Block 2, Avienda Townhomes, Carver County, Minnesota.
Lots 1, 2, 3, 4, 5, 6 and 7, Block 3, Avienda Townhomes, Carver County, Minnesota.
Lots 1, 2, 3, 4 and 5, Block 4, Avienda Townhomes, Carver County, Minnesota.
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block 5, Avienda Townhomes, Carver County, Minnesota.
Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 6, Avienda Townhomes, Carver County, Minnesota.
Outlots B, C, D and F, Avienda Townhomes, Carver County, Minnesota.
Abstract Property
CHB Title, LLC
Dennis Moore, Authorized Signatory
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY:CHB Title, LLC as agent for Old Republic National Title Insurance Company
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.Secure and record a Release or Satisfaction of the following Combination Mortgage, Assignment of
Leases and Rents, Security Agreement and Fixture Financing Statement:
Dated July 1, 2021
Filed July 2, 2021
Document No. A728034
Amount: $18,000,000.00
Executed by: Level 7 Development, LLC, a Minnesota limited liability company
To Mortgagee: Tradition Capital Bank.
Above mortgage modified/amended by Amendment to Combination Mortgage, Assignment of Leases and
Rents, Security Agreement and Fixture Financing Statement, dated December 27, 2022, filed December
28, 2022, as Document No. A755936.
6.Secure and record a Release or Satisfaction of the following Combination Mortgage, Assignment of Lease
and Rents, Security Agreement and Fixture Financing Statement:
Combination Mortgage, Security Agreement, Fixture Filing and Assignment of Leases and Rents from
Charles Cudd Co., LLC, a Minnesota limited liability company, to Tradition Capital Bank, a Minnesota
banking corporation, dated September 15, 2023, filed September 18, 2023 in Carver County as Abstract
Document No. A764954, in the principal sum of $12,500,000.00. Modified by Modification of Mortgage,
filed June 7, 2024, as Document No. A773885.
7.Secure and record a Release or Satisfaction of the following Mortgage:
Mortgage from Todd David Michels, a single person, to Bell Bank dated January 23, 2024, filed January
23, 2024 as Document No. A769142, in the principal sum of $350,000.00.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
8.Secure and record a Release or Satisfaction of the following Mortgage:
Mortgage from William I. Hamilton and Susan E. Hamilton, spouses married to each other, to Tradition
Mortgage, LLC dated February 2, 2024, filed February 2, 2024 as Document No. A769492, in the principal
sum of $766,550.00.
Above mortgage assigned to Tradition Capital Bank by Assignment of Mortgage, dated February 2, 2024,
filed February 2, 2024, as Document No. A769493.
9.If survey coverage is desired, provide an ALTA survey certified to a current date in favor of CHB Title, LLC
and Old Republic National Title Insurance Company.
10.If this transaction includes an insured mortgage which will be for construction purposes and the lender to
be insured desires priority coverage and deletion of standard exception for mechanic's liens, the following
will be required:
a. Preliminary Sworn Construction Statement.
b. Pre-closing inspection.
c. Post-closing priority inspection with pictures after documents are recorded.
If the pre-closing inspection discloses an early start, CHB Title, LLC will require early start approval from
our underwriter.
11.IN ORDER FOR CHB TITLE, LLC TO CLOSE THIS TRANSACTION, WE REQUIRE A CASHIERS
CHECK OR WIRED FUNDS TO BE RECEIVED AT OR PRIOR TO CLOSING.
*** Wire Fraud and Email Hacking are on the rise with title companies and their customers. Please DO
NOT WIRE any funds to CHB Title, LLC without calling in advance to verify our wire instructions. ***
*** Sale proceeds will not be wired without written authorization. ***
Upon our receipt and review of a standard form of affidavit, Items Nos. 3, 6 and 7 of Schedule B - Section
II may be deleted from the final policy.
We require a Well Disclosure Certificate be completed and furnished at the time of closing for all deeds
that require a Certificate of Real Estate Value. OR The following statement must be added to the deed:
The seller certifies that the seller does not know of any wells on the described real property.
The Tax Reform Act of 1986 requires that the seller provide the following information at the time of
closing:
1. Tax Identification Number
2. Full Forwarding Address.
Issued by: CHB Title, LLC, 10850 Old County Road 15, Plymouth, MN 55441
If you have questions about this commitment or about the closing of this transaction please call Dennis
Moore at (763) 489-3252 or email dennism@chbtitle.com.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY:CHB Title, LLC as agent for Old Republic National Title Insurance Company
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.If an owner’s policy is to be issued, the mortgage encumbrance, if any, created as part of the purchase
transaction.
2.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.
3.Rights of claims of parties in possession not shown by the public records.
4.Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
5.Easements or claims of easements not 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.Taxes or special assessments which are not shown as existing liens by the public records.
8.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-1) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960010. (Non-Homestead)
(2-1) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960020. (Non-Homestead)
(3-1) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960030. (Non-Homestead)
(4-1) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960040. (Non-Homestead)
(5-1) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960050. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
9.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-2) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960060. (Non-Homestead)
(2-2) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960070. (Non-Homestead)
(3-2) Real estate taxes payable in 2024 are $2,380.00 and are paid. Base Tax $2,346.00. Property
Identification No. 25.0960080. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
10.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960090. (Non-Homestead)
(2-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960100. (Non-Homestead)
(3-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960110. (Non-Homestead)
(4-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960120. (Non-Homestead)
(5-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960130. (Non-Homestead)
(6-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960140. (Non-Homestead)
(7-3) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960150. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
11.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-4) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960160. (Non-Homestead)
(2-4) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960170. (Non-Homestead)
(3-4) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960180. (Non-Homestead)
(4-4) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960190. (Non-Homestead)
(5-4) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960200. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
12.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960210. (Non-Homestead)
(2-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960220. (Non-Homestead)
(3-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960230. (Non-Homestead)
(4-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960240. (Non-Homestead)
(5-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960250. (Non-Homestead)
(6-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960260. (Non-Homestead)
(7-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960270. (Non-Homestead)
(8-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960280. (Non-Homestead)
(9-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960290. (Non-Homestead)
(10-5) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960300. (Non-Homestead)
(11-5) Real estate taxes payable in 2024 are $2,380.00 and are half paid. Base Tax $2,380.00. Property
Identification No. 25.0960300. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
13.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (1-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960320. (Non-Homestead)
(2-6) Real estate taxes payable in 2024 are $2,346.00 and are unpaid, plus penalty and interest. Base Tax
$2,346.00. Property Identification No. 25.0960330. (Non-Homestead)
(3-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960340. (Non-Homestead)
(4-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960350. (Non-Homestead)
(5-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960360. (Non-Homestead)
(6-6) Real estate taxes payable in 2024 are $2,346.00 and are paid. Base Tax $2,346.00. Property
Identification No. 25.0960370. (Non-Homestead)
(7-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960380. (Non-Homestead)
(8-6) Real estate taxes payable in 2024 are $2,346.00 and are half paid. Base Tax $2,346.00. Property
Identification No. 25.0960390. (Non-Homestead)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
14.General and special taxes and assessments, as hereafter listed, if any (all amounts shown being
exclusive of interest, penalties, and costs):
A) (Outlot B) Real estate taxes payable in 2024 are $0.00 and are paid. Base Tax $0.00. Property
Identification No. 25.0960410. (Exempt)
(Outlot C) Real estate taxes payable in 2024 are $0.00 and are paid. Base Tax $0.00. Property
Identification No. 25.0960420. (Exempt)
(Outlot D) Real estate taxes payable in 2024 are $12,352.00 and are half paid. Base Tax $12,352.00.
Property Identification No. 25.0960430. (Non-Homestead)
(Outlot F) Real estate taxes payable in 2024 are $0.00 and are paid. Base Tax $0.00. Property
Identification No. 25.0960450. (Exempt)
Note: There are no delinquent taxes of record.
B) Levied or pending assessments of record if any.
15.Terms and conditions of Resolution No. 2012-51 A Resolution Approving a Metes and Bounds
Subdivision, filed April 1, 2013, as Document No. A574224.
16.Terms and conditions of Declaration if favor of Riley Purgatory Bluff Creek Watershed, filed July 2, 2021,
as Document No. A728033.
17.Terms and conditions of Avienda Development Contract (Developer Installed Improvements), filed
October 28, 2021, as Document No. A735994.
18.Terms and conditions of Conditional Use Permit #2017-10, filed October 28, 2021, as Document No.
A735999.
19.Terms and conditions of Resolution No. 2022-79 Resolution Vacating Public Drainage & Utility Easements
over Outlot A and Outlot C, Avienda, filed November 8, 2022, as Document No. A754270.
20.Terms and conditions of Avienda Townhomes Development Contract (Developer Installed Improvements),
filed December 29, 2022, as Document No. A753032.
Amended by First Amendment to Development contract Avienda Townhomes, filed January 30, 2023, as
Document No. A756900.
21.Terms and conditions of Avienda Declaration of Reciprocal Easements and Operating Agreement, filed
December 29, 2022, as Document No. A756037.
22.Terms and conditions of Declaration of Covenants, Conditions, Restrictions and Easements of Avienda
Villas I, filed December 29, 2022, as Document No. A756040.
Amended by First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements
Avienda Villas I, filed January 30, 2023, as Document No. A756902.
23.Terms and conditions of Declaration of Covenants, Conditions, Restrictions and Easements of Avienda
Villas II, filed December 29, 2022, as Document No. A756041.
Amended by First Amendment to Declaration of Covenants, Conditions, Restrictions and Easements
Avienda Villas II, filed January 30, 2023, as Document No. A756901.
24.Terms and conditions of Stormwater Maintenance Agreement/Best Management Practice Facilities, filed
October 4, 2023, as Document No. A765678.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by "+Old Republic National Title
Insurance Company. 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.
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.
25.Terms and conditions of Stormwater Maintenance Agreement/Best Management Practice Facilities, filed
October 4, 2023, as Document No. A765679.
26.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
August 25, 2023, as Document No. A764080.
27.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
October 20, 2023, as Document No. A766215.
28.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
August 25, 2023, as Document No. A767078.
29.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
December 4, 2023, as Document No. A767678.
30.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
January 8, 2024, as Document No. A768730.
31.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
April 3, 2024, as Document No. A771416.
32.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
May 1, 2024, as Document No. A772453.
33.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
May 30, 2024, as Document No. A773510.
34.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
June 4, 2024, as Document No. A773696.
35.Terms and conditions of Memorandum of Repurchase Option, in favor of Charles Cudd Co., LLC, filed
June 10, 2024, as Document No. A773933.
36.Easements for utilities and drainage as shown on the recorded plat.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. 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.
ORT Form 4757
ALTA Commitment for Title Insurance 2021 v. 01.00
07/01/2021
61736
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, a Florida corporation, (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 six months after the Commitment Date,
this Commitment terminates and the Company's liability and obligation end.
CHB Title, LLC
Dennis Moore, Authorized Signatory
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. 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.
ORT Form 4757
ALTA Commitment for Title Insurance 2021 v. 01.00
07/01/2021
61736
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 issued by Old Republic National Title Insurance Company. 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.
ORT Form 4757
ALTA Commitment for Title Insurance 2021 v. 01.00
07/01/2021
61736
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,
policies, and notification to the Company of claims. 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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Old Republic National Title Insurance Company. 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.
ORT Form 4757
ALTA Commitment for Title Insurance 2021 v. 01.00
07/01/2021
61736
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 Amount of Insurance is $2,000,000 or less may
be arbitrated at the election 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.
FACTS WHAT DOES OLD REPUBLIC TITLE
DO WITH YOUR PERSONAL INFORMATION?
Why?
Financial companies choose how they share your personal information. Federal
law gives consumers the right to limit some but not all sharing. Federal law also
requires us to tell you how we collect, share, and protect your personal
information. Please read this notice carefully to understand what we do.
What?
The types of personal information we collect and share depend on the product or
service you have with us. This information can include:
Social Security number and employment information
Mortgage rates and payments and account balances
Checking account information and wire transfer instructions
When you are no longer our customer, we continue to share your information as
described in this notice.
How?
All financial companies need to share customers' personal information to run
their everyday business. In the section below, we list the reasons financial
companies can share their customers' personal information; the reasons Old
Republic Title chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information Does Old Republic
Title share?
Can you limit
this sharing?
For our everyday business purposes -such as to
process your transactions, maintain your account(s),
or respond to court orders and legal investigations, or
report to credit bureaus
Yes No
For our marketing purposes -
to offer our products and services to you No We don't share
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes -
information about your transactions and experiences Yes No
For our affiliates' everyday business purposes -
information about your creditworthiness No We don't share
For our affiliates to market to you No We don't share
For non-affiliates to market to you No We don't share
Go to www.oldrepublictitle.com (Contact Us)
Page 2
Who we are
Who is providing this notice?Companies with an Old Republic Title name and other affiliates.
Please see below for a list of affiliates.
What we do
How does Old Republic Title
protect my personal
information?
To protect your personal information from unauthorized access and
use, we use security measures that comply with federal law. These
measures include computer safeguards and secured files and
buildings. For more information, visit
https://www.oldrepublictitle.com/privacy-policy.
How does Old Republic Title
collect my personal information?
We collect your personal information, for example, when you:
Give us your contact information or show your driver's license
Show your government-issued ID or provide your mortgage
information
Make a wire transfer
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Why can't I limit all sharing?Federal law gives you the right to limit only:
Sharing for affiliates' everyday business purposes - information
about your creditworthiness
Affiliates from using your information to market to you
Sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights
to limit sharing. See the State Privacy Rights section location at
https://www.oldrepublictitle.com/privacy-policy for your rights under
state law.
Definitions
Affiliates Companies related by common ownership or control. They can be
financial and nonfinancial companies.
Our affiliates include companies with an Old Republic Title name,
and financial companies such as Attorneys' Title Fund Services,
LLC, Lex Terrae National Title Services, Inc., and Mississippi
Valley Title Services Company.
Non-affiliates Companies not related by common ownership or control. They can
be financial and non-financial companies.
Old Republic Title does not share with non-affiliates so they can
market to you
Joint marketing A formal agreement between non-affiliated financial companies that
together market financial products or services to you.
Old Republic Title doesn't jointly market.
Page 3
Affiliates Who May be Delivering This Notice
American First Title
and Trust Company
American Guaranty
Title Insurance
Company
Attorneys' Title
Fund Services, LLC
Compass Abstract,
Inc.
eRecording Partners
Network, LLC
Genesis Abstract,
LLC
Guardian Consumer
Services, Inc.
iMarc, Inc.L.T. Service Corp.Lenders Inspection
Company
Lex Terrae National
Title Services, Inc.
Lex Terrae, Ltd.Mississippi Valley
Title Services
Company
Old Republic
Branch Information
Services, Inc.
Old Republic
Diversified
Services, Inc.
Old Republic Escrow
of Vancouver, Inc.
Old Republic
Exchange Company
Old Republic
National Ancillary
Services, Inc.
Old Republic Title
and Escrow of
Hawaii, Ltd.
Old Republic
National Title
Insurance
Company
Old Republic Title
Company
Old Republic Title
Company of Conroe
Old Republic Title
Company of Nevada
Old Republic Title
Company of
Oklahoma
Old Republic Title
Company of
Oregon
Old Republic Title
Company of St. Louis
Old Republic Title
Information
Concepts
Old Republic Title
Insurance Agency,
Inc.
Old Republic Title,
Ltd.
RamQuest
Software, Inc.
Republic Abstract and
Settlement, LLC
Sentry Abstract
Company
Surety Title Agency,
Inc.
Trident Land
Transfer Company,
LLC