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HomeMy WebLinkAboutTPM20-0011_Parcel_Map_Guarantee Mid Valley Title & Escrow Company Mid Valley Title & Escrow Company 601 Main Street Chico, CA 95928 September 27, 2019 Robertson Erickson 888 Manzanita Court, Suite 101 Chico, CA 95926 Phone: (530)894-3500 Fax: (530)894-8955 Title Officer: Vicki Petrucha Phone: (530)893-5644 Order Number: 0401-6043219 (VP) Escrow Number: 0401-6043219 Buyer: Andrus . Property: 2875 & 2893 Alamo Avenue Chico, CA 95973 Attached please find the following item(s): Parcel Map Guarantee Thank You for your confidence and support. We at Mid Valley Title & Escrow Company maintain the fundamental principle: Customer First! Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 1 Mid Valley Title & Escrow Company PARCEL MAP GUARANTEE Parcel Map Ref: Order No: 0401-6043219 Fee: 500.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, First American Title Insurance Company a Nebraska corporation, herein called the Company, GUARANTEES Robertson Erickson The County of Butte and any city within which the land is located, herein called the Assured, against loss not exceeding $1,000.00 which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below: 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. Dated: September 26, 2019, at 7:30 A.M. First American Title Insurance Company Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 2 Mid Valley Title & Escrow Company The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A Fee Title to said estate or interest at the date hereof is vested in: Aaron Andrus, an unmarried man The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee in the Unincorporated area, County of Butte, State of California, is described as follows: PARCEL I: A PART OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO, NEAR CHICO, BUTTE CO., CALIFORNIA", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 17, 1900, IN BOOK 5 OF MAPS, AT PAGE(S) 8, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6 IN THE CENTERLINE OF ALAMO AVENUE FORMERLY BIDWELL AVENUE; RUNNING THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID AVENUE 96.0 FEET; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 138 FEET TO AN IRON PIPE; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTERLINE OF SAID ALAMO AVENUE A DISTANCE OF 45.5 FEET TO AN IRON PIPE; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 522.0 FEET TO AN IRON PIPE IN THE SOUTHWESTERLY LINE OF SAID LOT 6; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 141.5 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 660 FEET TO THE POINT OF BEGINNING. PARCEL II: A PART OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO, NEAR CHICO, BUTTE CO., CALIFORNIA", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 17, 1900, IN BOOK 5 OF MAPS, AT PAGE(S) 8, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6 IN THE CENTERLINE OF ALAMO AVENUE, FORMERLY BIDWELL AVENUE; RUNNING THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID AVENUE, 96.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS PARCEL OF LAND; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 138 FEET TO AN IRON PIPE; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTERLINE OF SAID ALAMO AVENUE, A DISTANCE OF 45.5 FEET TO AN IRON PIPE; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 522.0 FEET TO AN IRON PIPE IN THE SOUTHWESTERLY LINE OF SAID LOT 6; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 122.5 FEET; THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 660 FEET TO A POINT IN THE CENTERLINE OF ALAMO AVENUE; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF ALAMO AVENUE 168 FEET TO THE POINT OF BEGINNING OF THIS PARCEL OF LAND. APN: 042-020-016 (PARCEL I) and 042-020-017 (PARCEL II) Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 3 Mid Valley Title & Escrow Company EXCEPTIONS 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2019-2020. First Installment: $1,768.53, PAYABLE Penalty: $0.00 Second Installment: $1,768.53, PAYABLE Penalty: $0.00 Tax Rate Area: 062-022 A. P. No.: 042-020-016 (PARCEL I) 3. General and special taxes and assessments for the fiscal year 2019-2020. First Installment: $801.22, PAYABLE Penalty: $0.00 Second Installment: $801.22, PAYABLE Penalty: $0.00 Tax Rate Area: 062-022 A. P. No.: 042-020-017 (PARCEL II) 4. The lien of defaulted taxes for the fiscal year 2018-2019, and any subsequent delinquencies. Tax Rate Area: 062-022 A. P. No.: 042-020-016 (PARCEL I) Amount to redeem: $2,033.91 Valid through: September 2019 Amount to redeem: $2,059.95 Valid through: October 2019 The amount(s) must be verified prior to close of escrow. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 6. Rights of the public in and to that portion of the land lying within Alamo Ave. 7. Deed Restriction and Notice of Limited Use Facility contained in the instrument recorded on July 10, 2014 as Serial No. 2014-0021312 of Official Records. Reference is hereby made to the recorded instrument for a full understanding. Affects Parcel I. 8. An easement for right of way dedication and incidental purposes in the document recorded January 21, 2015 as Serial No. 2015-0002147 of Official Records. Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 4 Mid Valley Title & Escrow Company Affects Alamo Avenue (Parcel I). 9. A deed of trust to secure an original indebtedness of $341,000.00 recorded June 10, 2015 as Serial No. 2015-0020189 of Official Records. Dated: June 1, 2015 Trustor: Aaron Andrus, an unmarried man Trustee: First American Title Insurance Company, a Nebraska corporation Beneficiary: Marshall Thompson, a married man According to the public records, the beneficial interest under the deed of trust was assigned to Andrea L. Thompson and Marshall V. Thompson, Trustees of The Thompson Joint Revocable Living Trust, or their successor by assignment recorded October 2, 2018 as Serial No. 2018- 0034096 of Official Records. VP:ljh Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 5 Mid Valley Title & Escrow Company INFORMATION 1. The Vestee herein acquired Title by Grant Deeds Recorded January 15, 2013 as Serial No. 2013- 0001771 (Parcel I) and January 15, 2013 as Serial No. 2013-0001791 (Parcel II). The map attached, if any, may or may not be a survey of the land depicted hereon. Mid Valley Title & Escrow Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 6 Mid Valley Title & Escrow Company SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 7 Mid Valley Title & Escrow Company prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to Form No. 23 Order Number: 0401-6043219 CLTA Parcel Map Guarantee (1-13-78) Page Number: 8 Mid Valley Title & Escrow Company sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707. Form 5026900 (1-29-15) Page 1 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Guarantee CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6417365 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses prohibited. Reprinted under license or express permission from the California Land Title Association. Form 5026900 (1-29-15) Page 2 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters , whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or, (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: a. the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. b. "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. c. "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. d. "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. e. "Date of Guarantee": the Date of Guarantee set forth in Schedule A. f. “Amount of Liability”: the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: a. The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. b. If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. c. Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. d. In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by Form 5026900 (1-29-15) Page 3 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. a. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. b. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonable necessary information from third parties, as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: a. To pay or tender payment of the Amount of Liability together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. b. To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Assured that where authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or c. To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company’s obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation Liability. a. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. b. If the Company, or the Assured under the direction of the Company at the Company’s expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. c. In the event of any litigation by the Company or with the Company’s consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. d. The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. a. No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. b. When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. Form 5026900 (1-29-15) Page 4 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binging upon the parties. Judgment upon the aware rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. a. This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. b. Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. c. No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability. In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum. a. Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. b. Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United State of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 5 First American Way, Santa Ana, California 92707. Phone: 888-632-1642 (claims.nic@firstam.com). Form 5026900 (1-29-15) Page 5 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule A CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6417365 File No.: 6417365 Guarantee No. 6417365 Amount of Liability: $2,500.00 Date of Guarantee:November 02, 2020 at 7:30 A.M. Fee: $900.00 1. Name of Assured: AC Partners, LLC 2. The estate or interest in the Land which is covered by this Guarantee is: A Fee 3. The Land referred to in this Guarantee is described as follows: Real property in the unincorporated area of the County of Butte, State of California, described as follows: PARCEL I: A PART OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO, NEAR CHICO, BUTTE CO., CALIFORNIA", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 17, 1900, IN BOOK 5 OF MAPS, AT PAGE(S) 8, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6 IN THE CENTERLINE OF ALAMO AVENUE FORMERLY BIDWELL AVENUE; RUNNING THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID AVENUE 96.0 FEET; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 138 FEET TO AN IRON PIPE; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTERLINE OF SAID ALAMO AVENUE A DISTANCE OF 45.5 FEET TO AN IRON PIPE; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 522.0 FEET TO AN IRON PIPE IN THE SOUTHWESTERLY LINE OF SAID LOT 6; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 141.5 FEET TO THE MOST WESTERLY CORNER OF SAID LOT; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 6 A DISTANCE OF 660 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED TO THE COUNTY OF BUTTE, BY GRANT DEED RECORDED JANUARY 21, 2015 UNDER BUTTE COUNTY SERIAL NO. 2015-0002147 OFFICIAL RECORDS. PARCEL II: Form 5026900 (1-29-15) Page 6 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) A PART OF LOT 6, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "MAP OF THE THIRD SUBDIVISION OF THE JOHN BIDWELL RANCHO, NEAR CHICO, BUTTE CO., CALIFORNIA", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON SEPTEMBER 17, 1900, IN BOOK 5 OF MAPS, AT PAGE(S) 8, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6 IN THE CENTERLINE OF ALAMO AVENUE, FORMERLY BIDWELL AVENUE; RUNNING THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID AVENUE, 96.0 FEET TO THE TRUE POINT OF BEGINNING OF THIS PARCEL OF LAND; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 138 FEET TO AN IRON PIPE; THENCE SOUTHEASTERLY AND PARALLEL WITH THE CENTERLINE OF SAID ALAMO AVENUE, A DISTANCE OF 45.5 FEET TO AN IRON PIPE; THENCE SOUTHWESTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 522.0 FEET TO AN IRON PIPE IN THE SOUTHWESTERLY LINE OF SAID LOT 6; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, A DISTANCE OF 122.5 FEET; THENCE NORTHEASTERLY AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 6, A DISTANCE OF 660 FEET TO A POINT IN THE CENTERLINE OF ALAMO AVENUE; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF ALAMO AVENUE 168 FEET TO THE POINT OF BEGINNING OF THIS PARCEL OF LAND. APN: 042-020-016 (PARCEL I) and 042-020-017 (PARCEL II) 4. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to the estate or interest in the Land is vested in: Aaron Andrus, an unmarried man, as to Parcel I; AC Partners, LLC, a California limited liability company, as to Parcel II. b. Title to the estate or interest is subject to defects, liens, or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Form 5026900 (1-29-15) Page 7 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule B CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-6417365 File No.: 6417365 1. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $1,801.11, DUE Penalty: $0.00 Second Installment: $1,801.11, PAYABLE Penalty: $0.00 Tax Rate Area: 062-022 A. P. No.: 042-020-016 (PARCEL I) 2. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $781.21, DUE Penalty: $0.00 Second Installment: $781.21, PAYABLE Penalty: $0.00 Tax Rate Area: 062-022 A. P. No.: 042-020-017 (PARCEL II) 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. RE-CHECK SUPPLEMENTAL TAXES PRIOR TO THE CLOSE OF ESCROW. 4. Rights of the public in and to that portion of the land lying within Alamo Ave. Affects Parcel II. 5. Deed Restriction and Notice of Limited Use Facility contained in the instrument recorded on July 10, 2014 as Serial No. 2014-0021312 of Official Records. Reference is hereby made to the recorded instrument for a full understanding. Affects Parcel I. 6. A deed of trust to secure an original indebtedness of $341,000.00 recorded June 10, 2015 as Serial No. 2015-0020189 of Official Records. Dated: June 1, 2015 Trustor: Aaron Andrus, an unmarried man Trustee: First American Title Insurance Company, a Nebraska corporation Beneficiary: Marshall Thompson, a married man Form 5026900 (1-29-15) Page 8 of 8 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Affects Parcel I. According to the public records, the beneficial interest under the deed of trust was assigned to Andrea L. Thompson and Marshall V. Thompson, Trustees of The Thompson Joint Revocable Living Trust, or their successor by assignment recorded October 2, 2018 as Serial No. 2018- 0034096 of Official Records. 7. A deed of trust to secure an original indebtedness of $140,000.00 recorded April 16, 2020 as Serial No. 2020-0015746 of Official Records. Dated: April 6, 2020 Trustor: AC Partners, LLC, a California limited liability company Trustee: First American Title Insurance Company, a Nebraska corporation Beneficiary: Ryan Guest, a married man Affects Parcel II. 8. With respect to AC Partners, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC- 1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 9. Secretary of State reports AC Partners, LLC is Active as of November 2, 2020. 10. The Vestee herein acquired Title by Document (s) Recorded January 15, 2013 as Serial No. 2013- 0001771, as to Parcel I and April 16, 2020 as Serial No. 2020-0015745, as to Parcel II. VP:ljh