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HomeMy WebLinkAboutLLA21-0006_CLTA_28_Condition_of_Title_Guarantee Form 5026900 (1-29-15) Page 1 of 16 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 5026900-6458699 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 16 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 16 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 16 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 16 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 5026900-6458699 File No.: 6458699 Guarantee No. 6458699 Amount of Liability: $2,500.00 Date of Guarantee:December 23, 2020 at 7:30 A.M. Fee: $1,700.00 1. Name of Assured: Butte Surveying 2. The estate or interest in the Land which is covered by this Guarantee is: Fee and Easement 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: LOT 3 OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. EXCEPTING THEREFROM THAT PORTION CONTAINED IN PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON DECEMBER 18, 2001, IN BOOK 153 OF MAPS, AT PAGE(S) 17, 18 AND 19. ALSO EXCEPTING THEREFROM ALL MINERALS BELOW 50 FEET, AS RESERVED BY WILLIAM J. NEWMAN, ET AL, IN DEED RECORDED MAY 24, 1977, IN BOOK 2174, PAGE 18, OFFICIAL RECORDS. PARCEL I-B: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, AND DRAINAGE PURPOSES, OVER PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10. PARCEL I-C: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES AND DRAINAGE PURPOSES, OVER A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., BEING MORE Form 5026900 (1-29-15) Page 6 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 9, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10; THENCE ALONG THE WESTERLY LINE OF LOT A OF SAID LOFTY PINES SUBDIVISION NORTH 33 DEG. 15' 00" EAST, 30.47 FEET TO THE TRUE POINT OF BEGINNING FOR THE CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 66 DEG. 45' 00" WEST, 61.00 FEET; THENCE NORTH 78 DEG. 00' 00" WEST, 274.19 FEET; THENCE SOUTH 69 DEG. 04' 20" WEST, 110.00 FEET; THENCE SOUTH 76 DEG. 03' 38" WEST, 192.75 FEET; THENCE SOUTH 39 DEG. 17' 27" WEST, 117.47 FEET; THENCE SOUTH 0 DEG. 37' 01" WEST, 195.52 FEET; THENCE SOUTH 89 DEG. 39' 10" WEST, 158.65 FEET; THENCE NORTH 87 DEG. 31' 30" WEST, 288.68 FEET; THENCE NORTH 76 DEG. 37' 32" WEST, 117.77 FEET; THENCE NORTH 37 DEG. 42' 51" WEST, 112.97 FEET; THENCE NORTH 11 DEG. 30' 13" WEST, 201.86 FEET; THENCE NORTH 53 DEG. 31' 20" EAST, 233.81 FEET; THENCE NORTH 5 DEG. 50' 46" WEST, 164.81 FEET TO THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1. PARCEL I-D: BEING A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60.00 FEET IN WIDTH LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED ROAD CENTERLINE: BEGINNING AT THE NORTHEAST CORNER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., BEING AS SHOWN ON SHEET 2 OF 5 SHEETS OF THAT CERTAIN MAP ENTITLED "PARADISE PINES COUNTRY CLUB ESTATES, UNIT NO. 3", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY, CALIFORNIA IN BOOK 38 OF MAPS, AT PAGE(S) 64- 68, BUTTE COUNTY RECORDS; THENCE FOLLOWING ALONG THE NORTHERLY BOUNDARY LINE OF SAID SECTION 2, SOUTH 89 DEG. 47' 28" WEST FOR 73.52 FEET TO A POINT LOCATED IN THE CENTERLINE OF ADRIAN DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, SOUTH 22 DEG. 49' 04" WEST ALONG THE EXTENSION OF SAID CENTERLINE OF ADRIAN DRIVE, FOR 32.60 FEET; THENCE NORTH 89 DEG. 47' 28" EAST PARALLEL TO AND 30.00 FEET SOUTHERLY OF SAID NORTHERLY BOUNDARY LINE OF SECTION 2 FOR 86 FEET TO A POINT LOCATED IN THE EASTERLY BOUNDARY LINE OF SAID SECTION 2 AND THE END OF SAID LINE. THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT ARE TO BE LENGTHENED OR SHORTENED SO AS TO INTERSECT THE PROPERTY LINE ON THE EAST END, AND SO AS TO INTERSECT THE SOUTHERLY PROJECTION OF THE WESTERLY BOUNDARY OF THE RIGHT OF WAY KNOWN AS ADRIAN DRIVE ON THE WEST END. PARCEL I-E: A 60 FOOT WIDE EASEMENT FOR INGRESS, EGRESS, ROAD AND PUBLIC UTILITY PURPOSES OVER A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.M., LYING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 23, 2009, IN BOOK 177 OF MAPS, AT PAGE(S) 69, 70 AND 71, SAID POINT ALSO BEING ON THE TOWN OF PARADISE LIMITS LINE, AS SHOWN ON SAID MAP; THENCE SOUTH 69 DEG. 37' 24" WEST ALONG THE CENTERLINE OF THE EXISTING EASEMENT, AS SHOWN ON SAID Form 5026900 (1-29-15) Page 7 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) PARCEL MAP, A DISTANCE OF 110.00 FEET TO AN ANGLE POINT IN THE CENTERLINE OF SAID EASEMENT; THENCE CONTINUING ALONG THE CENTERLINE OF SAID EASEMENT, SOUTH 76 DEG. 36' 40" WEST, 29.29 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE EASEMENT; THENCE NORTH 13 DEG. 50' 16" WEST, 25.56 FEET TO THE BEGINNING OF A TANGENT 40.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE FOLLOWING NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 78 DEG. 49' 34" FOR A LENGTH OF 55.03 FEET; THENCE NORTH 64 DEG. 59' 18" EAST, 124.44 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT CURVE, CONCAVE TO THE NORTHWEST; THENCE FOLLOWING NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 DEG. 49' 06" FOR A LENGTH OF 75.45 FEET TO A POINT THAT IS 30 FEET WESTERLY OF AND ADJACENT TO SAID TOWN OF PARADISE LIMIT LINE; THENCE NORTH 36 DEG. 10' 12" EAST ALONG A LINE THAT IS 30 FEET WESTERLY OF, PARALLEL WITH AND ADJACENT TO SAID TOWN OF PARADISE LIMIT LINE, A DISTANCE OF 593.54 FEET TO THE BEGINNING OF A NON-TANGENT 217.00 FOOT RADIUS CURVE, CONCAVE TO THE WEST, FROM WHICH A LINE TO THE RADIUS BEARS NORTH 56 DEG. 56' 50" WEST; THENCE FOLLOWING NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 41 DEG. 51' 49" FOR A LENGTH OF 158.55 FEET TO THE BEGINNING OF A REVERSE 212.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST; THENCE FOLLOWING NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19 DEG. 57' 39" FOR A LENGTH OF 73.86 FEET; THENCE NORTH 11 DEG. 09' 01" EAST, 107.82 FEET, MORE OR LESS, TO A POINT IN THE SOUTH BOUNDARY OF LOT 3 OF SAID SECTION 1 AND THE END OF THE HEREIN DESCRIBED CENTERLINE. THE SIDE LINES OF THE ABOVE DESCRIBED EASEMENT ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE IN THE SOUTH BOUNDARY OF SAID LOT 3 AND THE NORTH RIGHT OF WAY OF SAID EASEMENT, AS SHOWN ON SAID PARCEL MAP. PARCEL II-A: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, BEING A PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., AS SHOWN ON THAT CERTAIN "RECORD OF SURVEY" RECORDED IN BOOK 124 OF MAPS AT PAGE 18, BUTTE COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN 4.906 ACRE PARCEL OF LAND DESIGNATED AS THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1, AS SHOWN ON SAID RECORD OF SURVEY; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL, NORTH 0 DEG. 39' 04" EAST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID TRUE POINT OF BEGINNING AND SAID EASTERLY LINE, NORTH 89 DEG. 44' 53" WEST, 220.01 FEET; THENCE NORTH 0 DEG. 39' 04" EAST, 896.70 FEET; THENCE SOUTH 89 DEG. 51' 08" EAST, 220.01 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF SAID EASTERLY LINE; THENCE ALONG SAID NORTHERLY PROLONGATION OF SAID EASTERLY LINE AND SAID EASTERLY LINE SOUTH 0 DEG. 39' 04" WEST, 627.10 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 62 DEG. 04' 55" EAST, 170.69 FEET; THENCE SOUTH 38 DEG. 59' 48" WEST, 244.56 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS BELOW 50 FEET, AS RESERVED BY WILLIAM J. NEWMAN, ET AL, IN DEED RECORDED MAY 24, 1977, IN BOOK 2174, PAGE 18, OFFICIAL RECORDS. PARCEL HEREIN IS PURSUANT TO A MERGER APPROVED BY THE COUNTY OF BUTTE, RECORDED MAY 6, 2002 AS SERIAL NO. 2002-0023229 OF OFFICIAL RECORDS. PARCEL II-B: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, AND DRAINAGE PURPOSES, OVER PARCEL A, AS SHOWN ON THAT Form 5026900 (1-29-15) Page 8 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10. PARCEL II-C: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES AND DRAINAGE PURPOSES, OVER A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 9, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10; THENCE ALONG THE WESTERLY LINE OF LOT A OF SAID LOFTY PINES SUBDIVISION NORTH 33 DEG. 15' 00" EAST, 30.47 FEET TO THE TRUE POINT OF BEGINNING FOR THE CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 66 DEG. 45' 00" WEST, 61.00 FEET; THENCE NORTH 78 DEG. 00' 00" WEST, 274.19 FEET; THENCE SOUTH 69 DEG. 04' 20" WEST, 110.00 FEET; THENCE SOUTH 76 DEG. 03' 38" WEST, 192.75 FEET; THENCE SOUTH 39 DEG. 17' 27" WEST, 117.47 FEET; THENCE SOUTH 0 DEG. 37' 01" WEST, 195.52 FEET; THENCE SOUTH 89 DEG. 39' 10" WEST, 158.65 FEET; THENCE NORTH 87 DEG. 31' 30" WEST, 288.68 FEET; THENCE NORTH 76 DEG. 37' 32" WEST, 117.77 FEET; THENCE NORTH 37 DEG. 42' 51" WEST, 112.97 FEET; THENCE NORTH 11 DEG. 30' 13" WEST, 201.86 FEET; THENCE NORTH 53 DEG. 31' 20" EAST, 233.81 FEET; THENCE NORTH 5 DEG. 50' 46" WEST, 164.81 FEET TO THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN THE BOUNDS OF PARCEL I, DESCRIBED HEREIN. PARCEL II-D: A NON-EXCLUSIVE EASEMENT FOR ROAD AND PUBLIC UTILITY EASEMENT OVER PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON DECEMBER 18, 2001, IN BOOK 153 OF MAPS, AT PAGE(S) 17-19. SAID EASEMENT WAS CREATED BY EASEMENT DEED RECORDED MARCH 2, 2004 AS SERIAL NO. 2004-0011369. PARCEL III-A: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, BEING A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED IN BOOK 124 OF MAPS AT PAGE 18, BUTTE COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID NORTHWEST QUARTER OF SECTION 1; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE WESTERLY LINE OF SAID SECTION 1, NORTH 1 DEG. 06' 43" EAST, 1319.74 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, SOUTH 89 DEG. 57' 26" EAST, 1282.11 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1; Form 5026900 (1-29-15) Page 9 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1, SOUTH 00 DEG. 29' 53" WEST, 1324.28 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 1; THENCE ALONG SAID CENTERLINE, NORTH 89 DEG. 44' 53" WEST, 1296.23 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN 4.906 ACRE PARCEL OF LAND DESIGNATED AS THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1, AS SHOWN ON SAID RECORD OF SURVEY; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE EASTERLY LINE OF SAID PARCEL, NORTH 0 DEG. 39' 04" EAST, 60.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID TRUE POINT OF BEGINNING AND SAID EASTERLY LINE, NORTH 89 DEG. 44' 53" WEST, 220.01 FEET; THENCE NORTH 0 DEG. 39' 04" EAST, 896.70 FEET; THENCE SOUTH 89 DEG. 51' 08" EAST, 220.01 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF SAID EASTERLY LINE OF SAID 4.906 ACRE PARCEL OF LAND; THENCE ALONG SAID NORTHERLY PROLONGATION OF SAID EASTERLY LINE AND SAID EASTERLY LINE SOUTH 0 DEG. 39' 04" WEST, 627.10 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 62 DEG. 04' 55" EAST, 170.69 FEET; THENCE SOUTH 38 DEG. 59' 48" WEST, 244.56 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL MINERALS BELOW 50 FEET, AS RESERVED BY WILLIAM J. NEWMAN, ET AL, IN DEED RECORDED MAY 24, 1977, IN BOOK 2174, PAGE 18, OFFICIAL RECORDS. PARCEL HEREIN IS PURSUANT TO A MERGER APPROVED BY THE COUNTY OF BUTTE, RECORDED MAY 6, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-0023229. PARCEL III-B: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, AND DRAINAGE PURPOSES, OVER PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10. PARCEL III-C: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES AND DRAINAGE PURPOSES, OVER A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF LOT 9, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10; THENCE ALONG THE WESTERLY LINE OF LOT A OF SAID LOFTY PINES SUBDIVISION NORTH 33 DEG. 15' 00" EAST, 30.47 FEET TO THE TRUE POINT OF BEGINNING FOR THE CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 66 DEG. 45' 00" WEST, 61.00 FEET; THENCE SOUTH 78 DEG. 00' 00" WEST, 274.19 FEET; THENCE SOUTH 69 DEG. 04' 20" WEST, 110.00 FEET; THENCE SOUTH 76 DEG. 03' 38" WEST, 192.75 FEET; THENCE SOUTH 39 DEG. 17' 27" WEST, 117.47 FEET; THENCE SOUTH 0 DEG. 37' 01" WEST, 195.52 FEET; THENCE SOUTH 89 DEG. 39' 10" WEST, 158.65 FEET; THENCE NORTH 87 DEG. 31' 30" WEST, 288.68 FEET; THENCE NORTH 76 DEG. 37' 32" WEST, 117.77 FEET; THENCE NORTH 37 DEG. 42' 51" WEST, 112.97 FEET; THENCE NORTH 11 DEG. 30' 13" WEST, 201.86 FEET; THENCE NORTH 53 DEG. 31' 20" EAST, 233.81 FEET; THENCE NORTH 5 DEG. 50' 46" WEST, 164.81 Form 5026900 (1-29-15) Page 10 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) FEET TO THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN THE BOUNDS OF PARCEL III-A, DESCRIBED HEREIN. PARCEL IV-A: THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M. EXCEPTING THEREFROM ALL MINERALS BELOW 50 FEET, AS RESERVED BY WILLIAM J. NEWMAN, ET AL, IN DEED RECORDED MAY 24, 1977, IN BOOK 2174, PAGE 18, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF BUTTE, STATE OF CALIFORNIA, BEING A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED IN BOOK 124 OF MAPS AT PAGE 18, BUTTE COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID NORTHWEST QUARTER OF SECTION 1; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE WESTERLY LINE OF SAID SECTION 1, NORTH 1 DEG. 06' 43" EAST, 1319.74 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1; THENCE ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER, SOUTH 89 DEG. 57' 26" EAST, 1282.11 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1, SOUTH 00 DEG. 29' 53" WEST, 1324.28 FEET TO A POINT ON THE EAST-WEST CENTERLINE OF SAID SECTION 1; THENCE ALONG SAID CENTERLINE, NORTH 89 DEG. 44' 53" WEST, 1296.23 FEET TO THE POINT OF BEGINNING, AS DESCRIBED IN MERGER RECORDED MAY 6, 2002, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 2002-0023229. ALSO EXCEPTING ANY PORTION LYING EASTERLY OF THE WESTERLY LINE OF PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON DECEMBER 18, 2001, IN BOOK 153 OF MAPS, AT PAGE(S) 17. PARCEL IV-B: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES, AND DRAINAGE PURPOSES, OVER PARCEL A, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10. PARCEL IV-C: A NON-EXCLUSIVE EASEMENT TO BE USED IN COMMON WITH OTHERS FOR ROAD PURPOSES, PUBLIC UTILITY PURPOSES AND DRAINAGE PURPOSES, OVER A PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND, 60.00 FEET IN WIDTH, LYING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: Form 5026900 (1-29-15) Page 11 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) COMMENCING AT THE NORTHWEST CORNER OF LOT 9, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "LOFTY PINES SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON OCTOBER 25, 1963, IN BOOK 31 OF MAPS, AT PAGE(S) 9 AND 10; THENCE ALONG THE WESTERLY LINE OF LOT A OF SAID LOFTY PINES SUBDIVISION NORTH 33 DEG. 15' 00" EAST, 30.47 FEET TO THE TRUE POINT OF BEGINNING FOR THE CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 66 DEG. 45' 00" WEST, 61.00 FEET; THENCE SOUTH 78 DEG. 00' 00" WEST, 274.19 FEET; THENCE SOUTH 69 DEG. 04' 20" WEST, 110.00 FEET; THENCE SOUTH 76 DEG. 03' 38" WEST, 192.75 FEET; THENCE SOUTH 39 DEG. 17' 27" WEST, 117.47 FEET; THENCE SOUTH 0 DEG. 37' 01" WEST, 195.52 FEET; THENCE SOUTH 89 DEG. 39' 10" WEST, 158.65 FEET; THENCE NORTH 87 DEG. 31' 30" WEST, 288.68 FEET; THENCE NORTH 76 DEG. 37' 32" WEST, 117.77 FEET; THENCE NORTH 37 DEG. 42' 51" WEST, 112.97 FEET; THENCE NORTH 11 DEG. 30' 13" WEST, 201.86 FEET; THENCE NORTH 53 DEG. 31' 20" EAST, 233.81 FEET; THENCE NORTH 5 DEG. 50' 46" WEST, 164.81 FEET TO THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 1. EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN THE BOUNDS OF PARCEL IV-A, DESCRIBED HEREIN. APN: 050-020-002 (PARCEL I) and 050-030-006 (PARCEL II) and 050-030-008 (PARCEL III) and 050- 030-009 (PARCEL IV) 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: Dustin C. Cooper and Christine E. Cooper, husband and wife as community property with right of survivorship, as to Parcel I; John O. Johansson, a married man as his sole and separate property, as to Parcel II; and Per-Arne Dovre', Trustee of the Per-Arne Dovre' Revocable Trust dated November 29, 2010, as to Parcels III and IV. 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 12 of 16 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 5026900-6458699 File No.: 6458699 THE FOLLOWING EXCEPTIONS AFFECT PARCEL I: 1. General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $2,661.59, PAID Penalty: $0.00 Second Installment: $2,661.59, PAYABLE Penalty: $0.00 Tax Rate Area: 093-005 A. P. No.: 050-020-002 (PARCEL I) 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. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed September 20, 1991 in book 124, page 17, 18 and 19 . 5. The terms and provisions contained in the document entitled Road Easement recorded May 21, 2012 as Serial No. 2012-0018488 of Official Records. 6. Agricultural Statement of Acknowledgement for Residential Development, Executed By: Dustin C. Cooper and Christine Cooper Recorded: July 28, 2016, Serial No. 2016-0027680. 7. The terms and provisions contained in the document entitled Agreement Clarifying 2012 Road easement and Establishing Easement Boundaries recorded August 26, 2016 as Serial No. 2016- 0031485 of Official Records. 8. A deed of trust to secure an original indebtedness of $404,640.00 recorded April 25, 2018 as Serial No. 2018-0013875 of Official Records. Dated: April 19, 2018 Trustor: Dustin C. Cooper and Christine E. Cooper, husband and wife, community property with rights of survivorship Trustee: Alexis Alan Beneficiary: Mortgage Electronic Registration Systems, Inc. Lender: Quicken Loans Inc. Form 5026900 (1-29-15) Page 13 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Erroneous legal shown therein. Does not show exception to Parcel I therein. 9. The Vestee herein acquired Title by Document (s) Recorded May 17, 2012 as Serial No. 2012- 0017927. THE FOLLOWING EXCEPTIONS AFFECT PARCEL II: 10. General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or payable. 11. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $3,616.41, PAID Penalty: $0.00 Second Installment: $3,616.41, PAYABLE Penalty: $0.00 Tax Rate Area: 093-005 A. P. No.: 050-030-006 (PARCEL II) 12. 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. 13. An easement for road, public utility and drainage purposes and incidental purposes in the document recorded May 7, 1979 as Book 2396, Page 455, November 3, 2005 as Serial No. 2005-0067052, and March 3, 2006 as Serial No. 2006-0010944 of Official Records. Affects as shown on Assessor's Parcel Map. 14. An easement for public utilities and incidental purposes in the document recorded September 24, 1979 as Book 2445, Page 342 of Official Records. Affects the Southerly portion, as shown on Parcel Map filed December 18, 2001, in Book 153, Pages 17 and 18, of Maps. 15. An easement for road, public utility and drainage purposes and incidental purposes in the document recorded June 2, 1980 as Book 2519, Page 77 of Official Records. Affects as shown on Parcel Map filed December 18, 2001, in Book 153, Pages 17 and 18, of Maps. 16. An easement for road and public utility purposes and incidental purposes in the document recorded June 9, 1980 as Book 2521, Pages 137, 139 and 140 of Official Records. Affects the Southeasterly portion. 17. Any facts, rights, interests or claims that may exist or arise by reason of matters, if any, disclosed by that certain Record of Survey filed September 20, 1991 in book 124, page 17, 18 and 19 . 18. Covenant, Agreement and Provision contained in the instrument recorded on May 6, 2002 as Serial No. 2002-0023229 of Official Records. Reference is hereby made to the recorded instrument for a full understanding. Form 5026900 (1-29-15) Page 14 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) 19. Agricultural Statement of Acknowledgement for Residential Development, Executed By: John O. Johansson Recorded: August 16, 2004, Serial No. 2004-0049893. 20. A deed of trust to secure an original indebtedness of $268,000.00 recorded May 11, 2012 as Serial No. 2012-0017187 of Official Records. Dated: May 2, 2012 Trustor: John O. Johansson, a married man as his sole and separate property Trustee: Westminster Title Company Beneficiary: Mortgage Electronic Registration Systems, Inc. Lender: The Lending Company, Inc. 21. A deed of trust to secure an original indebtedness of $275,000.00 recorded November 9, 2015 as Serial No. 2015-0040531 of Official Records. Dated: October 15, 2015 Trustor: John O. Johansson, a married man, as his sole and separate property Trustee: American Securities Company Beneficiary: Wells Fargo Bank, N.A. 22. The Vestee herein acquired Title by Document (s) Recorded October 19, 2006 as Serial No. 2006- 0055019 and May 11, 2012 as Serial No. 2012-0017186. THE FOLLOWING EXCEPTIONS AFFECT PARCEL III: 23. General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or payable. 24. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $628.28, PAID Penalty: $0.00 Second Installment: $628.28, PAYABLE Penalty: $0.00 Tax Rate Area: 093-005 A. P. No.: 050-030-008 (PARCEL III) 25. 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. 26. An easement for public utilities and incidental purposes in the document recorded September 24, 1979 as Book 2445, Page 342 of Official Records. Affects the southerly portion as shown on Parcel Map filed December 18, 2001, in Book 153, at Page(s) 17 and 18. 27. An easement for road, public utility and drainage purposes and incidental purposes in the document recorded June 2, 1980 as Book 2519, Page 77 of Official Records. Affects as shown on Parcel Map filed December 18, 2001, in Book 153, at Page(s) 17 and 18. Form 5026900 (1-29-15) Page 15 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) 28. An easement for road and public utility purposes and incidental purposes in the document recorded June 9, 1980 as Book 2521, Pages 137, 139 and 140 of Official Records. Affects the southerly portion. 29. Covenant, Agreement and Provision contained in the instrument recorded on May 6, 2002 as Serial No. 2002-0023229 of Official Records. Reference is hereby made to the recorded instrument for a full understanding. 30. An easement for public utilities and incidental purposes in the document recorded June 8, 2005 as Serial No. 2005-0032585 of Official Records. Affects as delineated on a map attached thereto. 31. An easement for public utilities and incidental purposes in the document recorded January 24, 2007 as Serial No. 2007-0003925 of Official Records. Affects as delineated on a map attached thereto. 32. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 33. The Vestee herein acquired Title by Document (s) Recorded January 20, 2011 as Serial No. 2011- 0002368. THE FOLLOWING EXCEPTIONS AFFECT PARCEL IV: 34. General and special taxes and assessments for the fiscal year ;2021-2022, a lien not yet due or payable. 35. General and special taxes and assessments for the fiscal year 2020-2021. First Installment: $3,063.67, PAID Penalty: $0.00 Second Installment: $3,063.67, PAYABLE Penalty: $0.00 Tax Rate Area: 093-005 A. P. No.: 050-030-009 (PARCEL IV) 36. 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. 37. An easement for public utilities and incidental purposes in the document recorded September 24, 1979 as Book 2445, Page 342 of Official Records. Form 5026900 (1-29-15) Page 16 of 16 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Affects the southerly portion. 38. An easement for public utilities and incidental purposes in the document recorded October 17, 1979 as Book 2453, Page 130 of Official Records. Affects the southeast portion. 39. An easement for road and public utility purposes and incidental purposes in the document recorded June 9, 1980 as Book 2521, Page 137 of Official Records. Affects the southerly portion. 40. Agricultural Statement of Acknowledgement for Residential Development, Executed By: Per A. Dovré Recorded: May 11, 2006, Serial No. 2006-0024281. 41. An easement for ingress and egress, road purposes and public utility purposes, drainage and other reasonable purposes and incidental purposes in the document recorded May 21, 2012 as Serial No. 2012-0018488 of Official Records. The location of the easement cannot be determined from record information. 42. The terms and provisions contained in the document entitled Agreement Clarifying 2012 Road Easement and Establishing Easement Boundaries recorded August 26, 2016 as Serial No. 2016- 0031485 of Official Records. 43. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 44. The Vestee herein acquired Title by Document (s) Recorded August 30, 2011 as Serial No. 2011- 0028152. VP:ljh