HomeMy WebLinkAboutMER21-0003 PRELIMINARY TITLE REPORTGuarantee
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CLTA Guarantee Form No. 28 -
Condition of Title
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First American Title Insurance Company
GUAMNTEE NUMBER
so26900-6523s44
SUBJECTTO THE EXCLUSIONS FROM COVERAGE, THE GUAMNTEE CONDMONS ATTACHED HERETO AND MADE A
PART OF THIS GUAMNTEE.
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
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@ California Land Title Association. All rights reserued. 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 T'itle Association.
5026900 (1-29-15) IPaqe 1 of 9 CLTA Guarantee Form No. 28 - Condition ofTlUe (Rev, 6-5-14
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 othLr (
matters against the tiUe 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 pafi shown or referred to in any
of the schedules of this Guarantee.
EXCLUSIONS FROM COVERAGE
GUARANTEE CONDITIONS
(e) The validity, legal effect or priority of any matter shown
or referred to in any of the schedules of this Guarantee.(0 (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 ofthe taxing authority or by
the Public Records.(S) (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.
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 propefi 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, "Moftgage": mortgage, deed oftrust, 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 propefi 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.
Notice of Claim to be Given by Assured.
The Assured shall notify the Company prompUy 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 C.ompany
shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that
failure to notiff the Company shall in no case prejudice by
the failure and then only to the extent of the prejudice.
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 pafi,
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 Pamgraph
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.
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.
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.
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
2.
CLTA Guarantee Form No. 28 - Condition of 4
GUARANTEE CONDITIONS (Continued)
5.
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 laMul act which in I
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.
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 pafi,
which reasonably peftain 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 administraUon 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,
Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the
Company shall have the following additiona!
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 ingurred 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; orc. 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
Companyt 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.
Limitation Liability.a. This Guarantee is a contract of Indemnity against actual
monetary loss or damage sustained or incuned 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.
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.
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
thifty (30) days thereafter.
7.
9.6.
5025900 (1-29-1$ lPaoe 3 of 9 CLTA Guarantee Form No. 28 - Condition
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 I
clalmant.
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 subrogaUon. 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 AssociaUon C'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 pafties. 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 dny,
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 jurisdictlon 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. n ic@fi rstam.com).
5026900 (1-29-1$ lPaoe 4 of CLTA Guarantee Form No. 28 - Condition ofnfle (Rev. 6-5-14
CLTA Guarantee Form No. 28 -
Jtn$rdsrrrrcau ?irle
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or ritle
First American Title Insurance Company
Schedule A GUAMNTEE NUMBER
5026900 -6523544
File No.: 6523544
Guarantee No, 6523544 Amount of Liability: 92,500.00
Date of Guarantee:March 04, 2021 at 7:30 A.M. Fee: 9400.00
1. Name of Assured:
Jeffrey Davis
2. The estate or interest in the Land which is covered by this Guarantee is:
A Fee as to Parcel I; an Easement as to Parcel II
3. The Land referred to in this Guarantee is described as follows:
Real property in the uninco rporated auea ofthe County of Butte, State of California,described as
follows:
PARCEL I:
LOTS 54 AND 55, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PONDEROSA PINES
SUBDIVISION" WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF
BUTTE, STATE OF CALIFORNIA, ON MARCH 4, t963, IN BOOK 30 OF MAPS, AT PAGE(S) 1, 2 AND 3.
PARCEL II:
AN EASEMENT FOR ROAD AND PUBLIC UTILMES OVER SANDY CREEK DRIVE (PONDEROSA DRIVE),
AS SHOWN ON THAT CERTAIN MAP ENTITLED, 'PONDEROSA PINES SUBDIVISION" WHICH MAP
WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA,
oN MARCH 4, L963, IN BOOK 30 OF MAPS, AT PAGE(S) 1, 2 AND 3.
EXCEPTING THEREFROM ALL THAT PORNON LYING WITHIN THE BOUNDS OF PARCEL I,
DESCRIBED HEREIN.
APN: 062-340-004 and 062-340-005
4, ASSUMNCES:
According to the Public Records as of the Date of Guarantee
a. Title to the estate or interest in the Land is vested in:
1-29-1il lPaqe 5 of9 TA Guarantee Form No. 28 - Condition of T'itle (Rev. 6-5-14
Jetrrey P. Davis, an unmarried man
b. Title to the estate or interest is subject to defects, liens, or encumbrances shown in Schedule B
which are not necessarily shor4rn in the order of their priority.
t,
No. 28 - Condition of 'lltle Rev.
ffi
Sched
.firsr,{m ericaa Title
ule B
CLTA Guarantee Form No. 28 -
Condition of Title
,rn rro ,,
First American Title Insurance Company
GUAMNTEE NUMBER
s026900 -6523s44
File No.: 6523544
1. General and special taxes and assessments for the fiscal year 202L-2022, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2020-202L.
First Installment: $1,118.36, PAIDPenalty: $0.00
Second Installment: $1,118.36, DUEPenalty: $0.00
Tax Rate Area: 101-004
A. P, No.: 062-340-004
3. General and special taxes and assessments for the fiscal year 2020-2021.
First Installment: $598.55, PAIDPenalty: $0.00
Second Installment: $698.55, DUEPenalty: $0.00
Tax Rate Area: 101-004
A. P. No.: 062-340-005
4. 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.
5. The herein described land lies within the bound of Berry Creek Community Services District, as
contained in document recorded December 28,I9B7 as Serial No. 87-47018, amendment thereof
recorded July 11, 1994 as Serial No. 94-2875L of Official Records,
NOTE: For any amounts due, contact:
Berry Creek Community Seruices District
P.O. Box 387
Berry Cree( CA 95916
Attn: Eileen Ladendorf
Phone: (530)680-7653
Transfer fee is $45.00 and the annualfee, billed in January is 9200.00.
6. The herein described land lies within the bounds of Lake Madrone Drainage District.
5025900 (1-29-1t IPaoe 7 of9 .TA Guarantee Form No. 28 - Condition of T'itle (Rev. 6-5-14
7. Dedications, reservations, and note(s) if any, for specific purposes as set forth on the Map filed March
4, L963, iri Book 30, at Page(s) L,2 and 3, of Maps ,
B. The terms and provisions contained in the- document entitled Agreement Regarding the Maintenance
of Road, Water Courses, Bridges and Drainagb Facilities and Asiessments Pertaining Thereto
recorded June 5, L972 as gook tZ6t, eage iOO of Official Records,
Affects Lot 55.
9. The Effect Of Agreements Regarding The Maintenance Of Roads, Water Courses, Bridges And
Drainage Facilities And Assessments Pertaining Thereto,
Recorded:June 5, t972, In Book L761, Page 206, Official Records, And Recorded June B, L972, ln
BookL762, Page 182, Official Records, And Recorded July 6, t973,In Book L847, Page 540, Official
Records, And Recorded September 5, 1972,In Book t782, Page 125, Official Records,
At The Time Of Recordation The Record Owners Did Not Join In The Execution Of Said Agreements.
Reference Is Hereby Made To The Recorded Instrument For A Full Understanding.
Affects Lot 54.
10. An easement for access and incidental purposes in the document recorded September 30, 1999
as Serial No. 99-42032 of Official Records.
Affects a Northwesterly pottion of Lot 54.
VP:ljh
INFORMATION
1. Statement of information from Jeffrey P. Davis.
Suppot Judgment recorded October 6, t999nas Serial No. 1999-0042899.
2. The Effect Of Agreements Regarding The Maintenance Of Roads, Water Courses, Bridges And
Drainage Facilities And Assessments Peftaining Thereto,
Recorded:June5, L972,In Book t76L,Page 206, Official Records, And Recorded June B, L972,In
Book L762, Page 182, Official Records, And Recorded July 6, L973,In Book LB47 , Page 540, Official
Records, And Recorded September 5, L972,In Book 1782, Page 125, Official Records, And Recorded
November 16, 2005 As Serial No. 2005-0069405, Official Records.
At The Time Of Recordation Vestees Did Not Join In The Execution Of Said Agreements.
Reference Is Hereby Made To The Recorded Instrument For A Full Understanding.
ESCROW OFFICER MUST VERIFY THAT ALL CHARGES UNDER AGREEMENT(S) ABOVE ARE PAID TO
DATE.
Affects Lot 54.
3. Agreement Regarding The Maintenance Of Roads, Water Courses, Bridges And Drainage Facilities
And Assessments Petaining Thereto,
Recorded: June 5, 1972,ln Book L762, Page 206 Of Official Records.
Reference Is Hereby Made To The Recorded Instrument For A Full Understanding.
ESCROW OFFICER MUST VERIFY THAT ALL CHARGES UNDER AGREEMENT(S) ABOVE ARE PAID TO
DATE.
Affects Lot 55.
5026900 (1-29-15) IPaqe 9 of 9 CLTA Guarantee Form No. 28 -
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