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L1 � 11 L M�Wmvmm --T-7-o ti ..... -_ ..--- (; '� opa)'Tao,- EX Darla Neal From: Scott Shepard <shepardj.scott@att.net> Sent: Monday, October 4, 2021 1:34 PM To: Darla Neal r, P� Ytl IrL Sent from my iPhone WA\IN 1 Mary Bray Kelley From: Scott Shepard <shepardj.scott@att.net> Sent: Monday, October 4, 2021 1:58 PM To: Mary Bray Kelley Sent from my Whone Darla Neal From: Scott Shepard <shepardj.scott@att.net> Sent: Monday, October 4, 2021 1:41 PM To: Darla Neal Subject: Mary Sent from my Whone Mary Bray Kelley From: Scott Shepard <shepardj.scott@att.net> Sent: Monday, October 4, 2021 2:07 PM To: Mary Bray Kelley Sent from my iPhone APPUCATION Applicant hereby requests that Beach Enterprises, Inc. ("the Company") furnish Applicant with Reports from time to time based upon the hereinafter defined Title Instruments, which Reports will disclose the Ownership of the land described therein. Applicant acknowledges that the terms "Interest," "Ownership" and "Liens and Encumbrances" are defined terms and shall not have any other meaning herein except as defined in Section 1 of this Application. Applicant does not at this time need or desire the benefit or protection afforded by a polio/ of title insurance nor does the Applicant desire to engage the Company as an abstractor of title. Any Report provided will be solely for the purpose of facilitating Applicant's investigation and for the sole use and benefit of the Applicant and no third party may use or reply upon the Report. 1. The following terms when used in this Application and the Report(s) shall mean: a. Applicant - The party or parties who have executed this Application and who are named in the Report. b. Company - The title insurance company providing the Report. C. Report - Type of Report requested: Perimeter search to identify record title of the lot owners within a certain subdivision d. Interest - The estate in land described in the Report. e. Ownership - The vesting of title to the land described in the Report based on the last Title Instrument(s) of record purporting to convey title. f. Liens and Encumbrances - Shall be limited to: i. Mortgages or Deeds of Trust and corresponding Assignments, Modifications, and Requests for Notice of Sale. g. Title Instruments: 1. Documents recorded during the agreed upon search period in the Office of the REGISTER OF DEEDS of the County in which the land is located and reviewed by the Company to facilitate the Company's issuance of the Report(s) excluding therefrom any documents pertaining to (a) unpatented mining claims, (b) patents, (c) water rights, claims or title to water, (d) the lease, grant, exception or reservation of minerals or mineral rights. 2. Applicant specifically instructs the Company to set forth in the Report(s) only the Ownership of the land disclosed by the Title Instruments. Applicant understands that during the course of preparing a Report, the Company may become aware of other matters pertaining to the land or other interests therein. Even if the Company knows or would have reason to know Applicant may have an interest in these other matters, Applicant imposes no duty or responsibility on the Company to disclose those matters to Applicant either through the Report or otherwise. 3. BY THE EXECUTION AND SUBMISSION OF THIS APPLICATION TO THE COMPANY, APPLICANT ACKNOWLEDGES AND AGREES: a. That the Company's sole obligation under the Report, and this Application, shall be to set forth the Ownership of the land as disclosed by the Title Instruments and in doing so, the Company is not acting as an abstractor of title. b. That the Company shall not be obligated under the Report to pay costs, attorneys' fees, or expenses incurred in any action, proceeding, or other claim brought against Applicant. C. That the Report is not an abstract of title, title opinion, preliminary report or commitment to issue title insurance. d. That the Company's liability under the Report for an error or omission is, as stated below, limited and that if Applicant desires that the Company assume additional liability, a policy of title insurance, binder, commitment, or guarantee should be requested. e. That the Report is not valid and the Company shall have no liability thereunder unless the Limitations of Liability, as stated below, are attached thereto. 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 AFFECMIG TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR ENCUMBRANCE, AS DEFINED ABOVE, AMONG THE TITLE INSTRUMENTS ARE OUT SIDE THE SCOPE OF THE REPORT. APPLICANT AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO THE FULLEST SCMNT 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 ATTORNEYS FEES, HOWEVER ALLEGED OR ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANYS OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON TAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY PERSONS 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 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 L.IABILIIY; 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. Accordingly, by submitting and signing this Application, Applicant expressly agrees and acknowledges that the Report will be issued with this limitation as a part of the consideration that Applicant gives the Company to prepare and issue the Report. Further, by submitting and signing this Application, Applicant certifies that Applicant has read and understood all of the terms, limitations and conditions of this Application. THESE LIMITATIONS WILL SURVIVE THE CONTRACT. EXECUTED THIS day of -S; This Application must be signed by the Applicant or an agent representing the Applicant. APPLICANT: f'!J MAILING ADDRESS: Print or Type Name:, �� 7 5T � 1 1 AC^' f V 14'C 1Lo L— Telephone Number c EmailA eig�WyS�fe�a7-1) �fI a � MARY B. KELLEY 914 SCOTT ST. LITTLE ROCK, AR 72202-3822 PH. 3T4-OM p a ` 81-871829 1898 BANK arvest.eom maao 1:08 29008 7 21: 1898 0021050846111 �� MARY B. KELLEY 81-87/829 1910 914 SCOTT ST. LIT'['1. . AR 72202-3822 Uff PH. 37 -p890 IYEST 00, -A BANKBANK arvest.com MEW �* 1:08 29008 ? 2l: L9 LO 00 2 L0 50848u'