Application Materials - Laserfiche WebLink

Western Title & Escrow Company Public Record Report for New Subdivision or Land Partition Order No. WT0274784 DEFINITIONS, CONDITIONS AND STIPULATIONS 1. Definitions. The following terms have the stated meaning when used in this report: (a) "Customer": The person or persons named or shown as the addressee of this report. (b) "Effective Date": The effective date stated in this report. (c) "Land": The land specifically described in this report and improvements affixed thereto which by law constitute real property. (d) "Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters relating to the Land. 2. Liability of Company. (a) This is not a commitment to issue title insurance and does not constitute a policy of title insurance. (b) The liability of the Company for errors or omissions in this public record report is limited to the amount of the charge paid by the Customer, provided, however, that the Company has no liability in the event of no actual loss to the Customer. (c) No costs (including without limitation attorney fees and other expenses) of defense, or prosecution of any action, is afforded to the Customer. (d) In any event, the Company assumes no liability for loss or damage by reason of the following: (1) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. (2) Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (3) Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. (4) Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. (5) (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights or claims or title to water. (6) Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (7) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (8) Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (9) Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the Customer. 3. Report Entire Contract. Any right or action or right of action that the Customer may have or may bring against the Company arising out of the subject matter of this report must be based on the provisions of this report. No provision or condition of this report can be waived or changed except by a writing signed by an authorized officer of the Company. By accepting this form report, the Customer acknowledges and agrees that the Customer has elected to utilize this form of public record report and accepts the limitation of liability of the Company as set forth herein. 4. Charge. The charge for this report does not include supplemental reports, updates or other additional services of the Company.