HomeMy WebLinkAboutLCA21-0003_PTR_StempleCONDITION OF TITLE
Guarantee Number:
Issued By:
FFHO-FTO211102B
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 1 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO
AND MADE A PART OF THIS GUARANTEE,
FIDELITY NATIONAL TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee
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.
Fidelity National Title Company of California
930 Executive Way, Suite 200
Redding, CA 96002
Fidelity National Title Insurance Company
By:
Countersigned By:
Bryan Shank
Authorized Officer or Agent
Randy Quirk, President
Attest:
Marjorie Nemzura, Secretary
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 2 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
ISSUING OFFICE:
Title Officer: Perry Massa
Fidelity National Title Company of California
930 Executive Way, Suite 200
Redding, CA 96002
Main Phone: (530)221-8611
Email: pmassa@fnf.com
SCHEDULE A
Amount of Liability Fee Title Officer
$5,000.00 $950.00 Perry Massa
Date of Guarantee:June 15, 2021 at 08:00 AM
1. Name of Assured:Farmland Reserve, Inc., a Utah nonprofit corporation
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:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHICO,COUNTY OF BUTTE,
STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
TRACT A:
PARCEL A-I:
COMMENCING AT THE WEST QUARTER SECTION CORNER OF SECTION 24, TOWNSHIP 23
NORTH, RANGE 2 WEST, M.D.B. & M., ACCORDING TO THE SURVEY OF THE "HENRY GERKE
RANCHO"; THENCE NORTH 30 DEG. 03' EAST 1,278.3 FEET ALONG THE CENTER LINE OF A
LAGOON IN SECTION 24, TOWNSHIP 23 NORTH, RANGE 2 WEST, M.D.B. & M.; THENCE NORTH 89
DEG. 52' WEST 280 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 30 DEG. 03'
WEST 1,007.2 FEET; THENCE NORTH 89 DEG. 52' WEST 745.6 FEET; THENCE NORTH 0 DEG. 873
FEET; THENCE SOUTH 89 DEG. 52' EAST, 1,250 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY MOBILE HOME(S) OR MANUFACTURED HOME(S) LOCATED
THEREON.
APN: 047-020-020-000
TRACT B:
PARCEL B-I:
A PORTION OF LOTS 2, 3 AND 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HOWARD
SUBDIVISION OF A PART OF THE BOSQUEJO RANCHO“, WHICH MAP WAS FILED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24, 1923, IN
BOOK 9 OF MAPS, AT PAGE(S) 42. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 2, A DISTANCE SOUTH 0 DEG. 18’
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE A
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 3 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
WEST, 444.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89 DEG.
58' WEST, 4334.63 FEET PARALLEL WITH THE NORTH LINE OF SAID LOTS 2, 3 AND 4 ACROSS
SAID LOTS 2, 3 AND 4 TO THE WESTERLY LINE OF SAID LOT 4, IN DICUS SLOUGH; THENCE
SOUTH 30 DEG. 03‘ WEST, 336.65 FEET ALONG THE WESTERLY LINE OF SAID LOT 4; THENCE
NORTH 89 DEG. 58' EAST 4501.67 FEET ACROSS SAID LOTS 2, 3 AND 4, PARALLEL WITH THE
NORTH LINE OF SAID LOTS 2, 3 AND 4 TO THE EAST LINE OF SAID LOT 2; THENCE NORTH 0
DEG. 18' EAST, 291.30 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM ANY MOBILE HOME(S) OR MANUFACTURED HOME(S) LOCATED
THEREON.
APN: 047-030-038-000
TRACT C:
PARCEL C-I:
A PORTION OF LOTS 2, 3 AND 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED "HOWARD
SUBDIVISION OF A PART OF THE BOSQUEJO RANCHO", WHICH MAP WAS RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24,
1923, IN BOOK 9 OF MAPS, AT PAGE 42, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 2, DISTANT SOUTH 0 DEG. 18' WEST,
735.30 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89 DEG. 58'
WEST, 4501.67 FEET PARALLEL WITH THE NORTH LINE OF SAID LOTS 2, 3 AND 4, ACROSS SAID
LOTS 2, 3 AND 4 TO THE WESTERLY LINE OF SAID LOT 4, IN DICUS SLOUGH; THENCE SOUTH 30
DEG. 03' WEST, 339.77 FEET ALONG THE WESTERLY LINE OF SAID LOT 4; THENCE NORTH 89
DEG. 58' EAST, 4670.27 FEET ACROSS SAID LOTS 2, 3 AND 4 PARALLEL WITH THE NORTH LINE
OF SAID LOTS 2, 3 AND 4 TO THE EAST LINE OF SAID LOT 2; THENCE NORTH 0 DEG. 18' EAST,
294.00 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY MOBILE HOME(S) OR MANUFACTURED HOME(S) LOCATED
THEREON.
APN: 047-030-039-000
TRACT D:
***INTENTIONALLY DELETED***
TRACT E:
A PORTION OF LOTS 2, 3, AND 4, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HOWARD
SUBDIVISION OF A PART OF THE BOSQUEJO RANCHO", WHICH MAP WAS RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24,
1923, IN BOOK 9 OF MAPS, AT PAGE(S) 42 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT 2, DISTANT SOUTH 0 DEG. 18' WEST,
1029.30 FEET FROM THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 89 DEG. 58'
WEST, 4670.27 FEET PARALLEL WITH THE NORTH LINE OF SAID LOTS 2, 3, AND 4 ACROSS SAID
LOTS 2, 3, AND 4 TO THE WESTERLY LINE OF SAID LOT 4 IN DISCUS SLOUGH; THENCE SOUTH
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE A
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 4 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
30 DEG. 03' WEST, 326.04 FEET ALONG THE WESTERLY LINE OF SAID LOT 4 TO THE
SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 89 DEG. 51' EAST, 4828.91 FEET ALONG
THE SOUTH LINE OF LOTS 2, 3, AND 4 TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
NORTH 0 DEG. 18' EAST, 293.86 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HOWARD SUBDIVISION
OF A PART OF THE BOSQUEJO RANCHO", WHICH MAP WAS RECORDED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24, 1923, IN BOOK 9
OF MAPS, AT PAGE(S) 42, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2; THENCE NORTH 89 DEG. 51' WEST,
211.54 FEET ALONG THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 0 DEG. 02' WEST, 190.00
FEET; THENCE SOUTH 89 DEG. 51' EAST, 212.65 FEET PARALLEL WITH THE SOUTH LINE OF
SAID LOT 2 TO THE EAST LINE OF SAID LOT 2; THENCE SOUTH 0 DEG. 18' WEST, 190.00 FEET
ALONG THE EAST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HOWARD SUBDIVISION
OF A PART OF THE BOSQUEJO RANCHO", WHICH MAP WAS RECORDED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24, 1923, IN BOOK 9
OF MAPS, AT PAGE(S) 42, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 2, DISTANT NORTH 89 DEG. 51'
WEST, 608.74 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 2; THENCE CONTINUING
ALONG THE SOUTH LINE OF SAID LOT 2 NORTH 89 DEG. 51' WEST, 326.04 FEET; THENCE
NORTH 21 DEG. 12' WEST, 62.49 FEET; THENCE NORTH 76 DEG. 22' EAST, 296.35 FEET; THENCE
SOUTH 25 DEG. 11' EAST, 142.52 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
A PORTION OF LOT 3, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HOWARD SUBDIVISION
OF A PART OF THE BOSQUEJO RANCHO", WHICH MAP WAS RECORDED IN THE OFFICE OF THE
RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON JULY 24, 1923, IN BOOK 9
OF MAPS, AT PAGE(S) 42, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 80 FEET OF THE WEST 100 FEET OF THE EAST 380 FEET OF SAID LOT 3.
EXCEPTING THEREFROM ANY MOBILE HOME(S) OR MANUFACTURED HOME(S) LOCATED
THEREON.
APN: 047-030-045-000
TRACT F:
***INTENTIONALLY DELETED***
TRACT G:
BEGINNING AT A CONCRETE MONUMENT ON THE EASTERLY BANK OF THE SACRAMENTO
RIVER, IN THE BOSQUEJO RANCHO, BUTTE COUNTY, CALIFORNIA, SAID MONUMENT BEING
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE A
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 5 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
ALSO LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 23 NORTH, RANGE 2 WEST, M.D.B. & M., IF THE U.S. GOVERNMENT SURVEY WERE
PRODUCED INTO THE BOSQUEJO RANCHO, SAID MONUMENT BEING ALSO SOUTH 65 DEG. 20'
WEST, 2,398.0 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 26, AND RUNNING
THENCE NORTH 32 DEG. 33' EAST, 201.00 FEET; NORTH 62 DEG. 02' EAST, 700.0 FEET; SOUTH
88 DEG. 57' EAST, 151.0 FEET; NORTH 00 DEG. 17' EAST, 493.0 FEET; NORTH 89 DEG. 43' EAST,
663.00 FEET TO THE SOUTHWEST CORNER OF THE HOWARD SECOND PARTITION, ACCORDING
TO THE OFFICIAL MAP THEREOF ON FILE IN THE OFFICE OF THE COUNTY RECORDER; THENCE
NORTH 00 DEG. 24' WEST ALONG THE WEST LINE OF SAID TRACT, 2,662.00 FEET TO THE
NORTHWEST CORNER THEREOF IN THE CENTER OF THE DICUS LAGOON; THENCE NORTH 89
DEG. 52' WEST, 1,720.4 FEET TO A POINT ON THE EASTERLY BANK OF THE SACRAMENTO
RIVER; THENCE MEANDERING DOWN THE SAID EASTERLY BANK OF THE SACRAMENTO RIVER,
SOUTH 4 DEG. 56' EAST, 45.3 FEET; SOUTH 11 DEG. 43' WEST, 191.0 FEET; SOUTH 2 DEG. 09'
EAST, 456.0 FEET; SOUTH 5 DEG. 39‘ EAST, 594.0 FEET; THENCE SOUTH 11 DEG. 09' EAST, 427.0
FEET; SOUTH 15 DEG. 53' EAST, 502.0 FEET; SOUTH 4 DEG. 16‘ EAST, 505.0 FEET; SOUTH 8 DEG.
33' WEST, 400.0 FEET; SOUTH 1 DEG. 44' WEST, 109.00 FEET; SOUTH 5 DEG. 27' WEST, 390.0
FEET TO THE POINT OF BEGINNING, AND BEING PART OF THE STANFORD VINA RANCH, SO
CALLED (IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 2
WEST), ACCORDING TO THE GOVERNMENT SURVEY IF SAID GOVERNMENT SURVEY WERE
PROJECTED INTO THE BOSQUEJO RANCHO AND WOULD BE PART OF THE SAID NORTHEAST
QUARTER OF SECTION 26 AND A PART OF THE SOUTHEAST QUARTER OF SECTION 23 OF SAID
TOWNSHIP.
EXCEPTING ANY AND ALL RIGHT, TITLE AND INTEREST OF THE STATE OF CALIFORNIA WITHIN
THE NATURAL BED OF THE SACRAMENTO RIVER BELOW THE LINE OF ORDINARY HIGH WATER
AND ALSO EXCEPTING ANY ARTIFICIAL ACCRETIONS WATERWARD OF SAID LINE OF
ORDINARY HIGH WATER.
EXCEPTING THEREFROM ANY MOBILE HOME(S) OR MANUFACTURED HOME(S) LOCATED
THEREON.
APN: 047-020-017
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:
Farmland Reserve, Inc., a Utah nonprofit corporation
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.
END OF SCHEDULE A
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 6 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
THE FOLLOWING ITEMS AFFECT TRACT A:
1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
2.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
3.Any adverse claim that some portion of said Land has not at any time been within the boundaries of the
State of: California County of: Butte
4.Any adverse claim based upon the assertion that:
a. Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of
the Sacramento River in the event the boundary of said river has been artificially raised or is now or at any time
has been below the high watermark, if said river is in its natural state.
b. Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c. Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of
the Sacramento River, or has been formed by accretion to any such portion.
5.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of the Sacramento River.
6.Any adverse claim based upon the assertion that said Land or any part thereof is now or at any time has been
included within a navigable river, slough, or other navigable body of water.
7.The reservation for the use and benefit of all present and future owners of any part or portion of the Vina Ranch
and for all purposes for which the same have been used, the drainage courses on any part ot the lands conveyed,
with the right of ingress and egress of said owners for the purposes of upkeep, maintenance and repair, a public
easement over all existing public roads and rights of way for existing pole lines, as contained in Deeds from the
Board of Trustees of Leland Stanford Junior University, recorded November 19, 1919 in Book 182 of Deeds, at
page 233, and in Deed recorded November 21, 1919 in Book 182 of Deeds, at page 243, and in Deed recorded
March 27, 1931 in Book 68 of Official Records, at page 344, and in Deed from Nancy J. Galbraith to Johannes
Rehse, et ux, recorded February 11, 1931 in Book 64 of Official Records, at page 320, Butte County Records.
8.Reservations of Water Rights as contained in those deeds from the Board of Trustees of Leland Stanford Junior
University, recorded November 19, 1919 in Book 182 of Deeds, at page 233, and in Deed recorded November 21,
1919 in Book 182 of Deeds, at page 243, and in Deed recorded March 27, 1931 in Book 68 of Official Records, at
page 344, and in Deed from Nancy J. Galbraith to Johannes Rehse, et ux, recorded February 11, 1931 in Book 64
of Official Records, at page 320, Butte County Records.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 7 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
9.Matters contained in that certain Road Maintenance Agreement which document, among other things, may
provide for liens and charges.
Executed by: Alvin E. Anderson, et al
Recording Date: May 9, 1969
Recording No.: Book 1525, page 49, of Official Records
Reference is hereby made to said document for full particulars.
10.Matters contained in that certain Road Maintenance Agreement which document, among other things, may
provide for liens and charges.
Executed by: William A. Howard, et al
Recording Date: May 9, 1969
Recording No.: Book 1565, page 581, of Official Records
Reference is hereby made to said document for full particulars.
11.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
In favor of: Sacramento and San Joaquin Drainage District
Purpose: Ditches, channels and appurtenant structures
Recording Date: December 10, 1979
Recording No.: Book 2470, page 333, of Official Records
12.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Road and utility purposes
Recording Date: March 31, 1989
Recording No.: 89-11264, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
13.Intentionally deleted
THE FOLLOWING ITEMS AFFECT TRACT B:
14.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
15.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
16.Any adverse claim that some portion of said Land has not at any time been within the boundaries of the
State of: California
County of: Butte
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 8 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
17.Any adverse claim based upon the assertion that:
a. Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of
Dicus Slough in the event the boundary of said slough has been artificially raised or is now or at any time has been
below the high watermark, if said slough is in its natural state.
b. Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c. Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of
Dicus Slough, or has been formed by accretion to any such portion.
18.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of Dicus Slough.
19.Any adverse claim based upon the assertion that said Land or any part thereof is now or at any time has been
included within a navigable river, slough, or other navigable body of water.
20.The reservation for the use and benefit of all present and future owners of any part or portion of the Vina Ranch
and for all purposes for which the same have been used, the drainage courses on any part ot the lands conveyed,
with the right of ingress and egress of said owners for the purposes of upkeep, maintenance and repair, a public
easement over all existing public roads and rights of way for existing pole lines, as contained in Deeds from the
Board of Trustees of Leland Stanford Junior University, recorded November 19, 1919 in Book 182 of Deeds, at
page 233, and in Deed recorded November 21, 1919 in Book 182 of Deeds, at page 243, and in Deed recorded
March 27, 1931 in Book 68 of Official Records, at page 344, and in Deed from Nancy J. Galbraith to Johannes
Rehse, et ux, recorded February 11, 1931 in Book 64 of Official Records, at page 320, Butte County Records.
21.Reservations of Water Rights as contained in those deeds from the Board of Trustees of Leland Stanford Junior
University, recorded November 19, 1919 in Book 182 of Deeds, at page 233, and in Deed recorded November 21,
1919 in Book 182 of Deeds, at page 243, and in Deed recorded March 27, 1931 in Book 68 of Official Records, at
page 344, and in Deed from Nancy J. Galbraith to Johannes Rehse, et ux, recorded February 11, 1931 in Book 64
of Official Records, at page 320, Butte County Records.
22.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Pacific Gas and Electric Company, a corporation
Purpose: Pole line and related appurtenances, together with ingress and egress
Recording Date: September 22, 1926
Recording No.: Book 222, page 473, of Deeds
Affects: Reference is hereby made to said document for exact location and full particulars
23.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Agnes Goins
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 126, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
24.Lack of a legal right of access to and from said Land.
25.Intentionally deleted.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 9 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
26.Matters contained in that certain document
Entitled: Access Easement Agreement
Dated: January 29, 2021
Executed by: Roy Ellis, Jr. and Janet L. Ellis, Trustees of The Roy and Janet Ellis Revocable Family Trust
and Farmland Reserve, Inc., a Utah nonprofit corporation
Recording Date: February 10, 2021
Recording No.: 2021-0006044
Reference is hereby made to said document for full particulars.
THE FOLLOWING ITEMS AFFECT TRACT C:
27.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
28.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
29.Any adverse claim that some portion of said Land has not at any time been within the boundaries of the
State of: California
County of: Butte
30.Any adverse claim based upon the assertion that:
a. Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of
Dicus Slough in the event the boundary of said slough has been artificially raised or is now or at any time has been
below the high watermark, if said slough is in its natural state.
b. Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c. Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of
Dicus Slough, or has been formed by accretion to any such portion.
31.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of Dicus Slough.
32.Any adverse claim based upon the assertion that said Land or any part thereof is now or at any time has been
included within a navigable river, slough, or other navigable body of water.
33.The reservation for the use and benefit of all present and future owners of any part or portion of the Vina Ranch
and for all purposes for which the same have been used, the drainage courses on any part ot the lands conveyed,
with the right of ingress and egress of said owners for the purposes of upkeep, maintenance and repair, a public
easement over all existing public roads and rights of way for existing pole lines, as contained in Deeds from the
Board of Trustees of Leland Stanford Junior University, recorded November 19, 1919 in Book 182 of Deeds, at
page 233, and in Deed recorded November 21, 1919 in Book 182 of Deeds, at page 243, and in Deed recorded
March 27, 1931 in Book 68 of Official Records, at page 344, and in Deed from Nancy J. Galbraith to Johannes
Rehse, et ux, recorded February 11, 1931 in Book 64 of Official Records, at page 320, Butte County Records.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 10 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
34.Reservations of Water Rights as contained in those deeds from the Board of Trustees of Leland Stanford Junior
University, recorded November 19, 1919 in Book 182 of Deeds, at page 233, and in Deed recorded November 21,
1919 in Book 182 of Deeds, at page 243, and in Deed recorded March 27, 1931 in Book 68 of Official Records, at
page 344, and in Deed from Nancy J. Galbraith to Johannes Rehse, et ux, recorded February 11, 1931 in Book 64
of Official Records, at page 320, Butte County Records.
35.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Eunice Trombley, formerly Eunice Howard and Agnes Goins
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 125, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
36.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Agnes Goins
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 126, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
37.Conditional Certificate of Compliance
Executed by: County of Butte
Recording Date: March 5, 1981
Recording No.: Book 2600, page 556, of Official Records
Reference is hereby made to said document for full particulars.
38.Matters contained in that certain document
Entitled: Agricultural Statement of Acknowledgment for Residential Development
Recording Date: January 11, 2001
Recording No: 2001-0001350, of Official Records
Among other things, said document provides for: the Land may be subject to inconveniences or discomfort arising
from necessary farm operations
Reference is hereby made to said document for full particulars.
39.Lack of a legal right of access to and from said Land.
40.Intentionally deleted.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 11 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
41.Matters contained in that certain document
Entitled: Access Easement Agreement
Dated: January 29, 2021
Executed by: Roy Ellis, Jr. and Janet L. Ellis, Trustees of The Roy and Janet Ellis Revocable Family Trust
and Farmland Reserve, Inc., a Utah nonprofit corporation
Recording Date: February 10, 2021
Recording No.: 2021-0006044
Reference is hereby made to said document for full particulars.
THE FOLLOWING ITEMS AFFECT TRACT D:
42.INTENTIONALLY DELETED
43.INTENTIONALLY DELETED
44.INTENTIONALLY DELETED
45.INTENTIONALLY DELETED
46.INTENTIONALLY DELETED
47.INTENTIONALLY DELETED
48.INTENTIONALLY DELETED
49.INTENTIONALLY DELETED
50.INTENTIONALLY DELETED
51.INTENTIONALLY DELETED
THE FOLLOWING ITEMS AFFECT TRACT E:
52.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
53.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
54.Any adverse claim that some portion of said Land has not at any time been within the boundaries of the
State of: California
County of: Butte
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 12 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
55.Any adverse claim based upon the assertion that:
a. Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of
Dicus Slough in the event the boundary of said slough has been artificially raised or is now or at any time has been
below the high watermark, if said slough is in its natural state.
b. Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c. Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of
Dicus Slough, or has been formed by accretion to any such portion.
56.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of Dicus Slough.
57.Any adverse claim based upon the assertion that said Land or any part thereof is now or at any time has been
included within a navigable river, slough, or other navigable body of water.
58.The reservation for the use and benefit of all present and future owners of any part or portion of the Vina Ranch
and for all purposes for which the same have been used, the drainage courses on any part ot the lands conveyed,
with the right of ingress and egress of said owners for the purposes of upkeep, maintenance and repair, a public
easement over all existing public roads and rights of way for existing pole lines, as contained in Deeds from the
Board of Trustees of Leland Stanford Junior University, recorded November 19, 1919 in Book 182 of Deeds, at
page 233, and in Deed recorded November 21, 1919 in Book 182 of Deeds, at page 243, and in Deed recorded
March 27, 1931 in Book 68 of Official Records, at page 344, and in Deed from Nancy J. Galbraith to Johannes
Rehse, et ux, recorded February 11, 1931 in Book 64 of Official Records, at page 320, Butte County Records.
59.Reservations of Water Rights as contained in those deeds from the Board of Trustees of Leland Stanford Junior
University, recorded November 19, 1919 in Book 182 of Deeds, at page 233, and in Deed recorded November 21,
1919 in Book 182 of Deeds, at page 243, and in Deed recorded March 27, 1931 in Book 68 of Official Records, at
page 344, and in Deed from Nancy J. Galbraith to Johannes Rehse, et ux, recorded February 11, 1931 in Book 64
of Official Records, at page 320, Butte County Records.
60.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Pacific Gas and Electric Company, a corporation
Purpose: Pole line and related appurtenances, together with ingress and egress
Recording Date: September 22, 1926
Recording No.: Book 222, page 473, of Deeds
Affects: Reference is hereby made to said document for exact location and full particulars
61.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Eunice Trombley, formerly Eunice Howard
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 121, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 13 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
62.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Floyd Howard, Agnes Goins and Eunice Trombley, formerly Eunice Howard
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 122, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
63.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Floyd Howard
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 124, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
64.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Eunice Trombley, formerly Eunice Howard and Agnes Goins
Purpose: Roadway purposes
Recording Date: October 29, 1964
Recording No.: Book 1343, page 125, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars
65.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Floyd R. Howard and Mary K. Howard, husband and wife, as joint tenants
Purpose: Roadway purposes
Recording Date: October 29, 1971
Recording No.: Book 1710, page 160, of Official Records
Affects: Reference is hereby made to said document for exact location and full particulars.
66.Lack of a legal right of access to and from said Land.
67.Matters contained in that certain document
Entitled: Access Easement Agreement
Dated: January 29, 2021
Executed by: Roy Ellis, Jr. and Janet L. Ellis, Trustees of The Roy and Janet Ellis Revocable Family Trust
and Farmland Reserve, Inc., a Utah nonprofit corporation
Recording Date: February 10, 2021
Recording No.: 2021-0006044
Reference is hereby made to said document for full particulars.
THE FOLLOWING ITEMS AFFECT TRACT F:
68.INTENTIONALLY DELETED
69.INTENTIONALLY DELETED
70.INTENTIONALLY DELETED
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 14 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
71.INTENTIONALLY DELETED
72.INTENTIONALLY DELETED
73.INTENTIONALLY DELETED
74.INTENTIONALLY DELETED
75.INTENTIONALLY DELETED
THE FOLLOWING ITEMS AFFECT TRACT G:
76.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be
levied for the fiscal year 2021-2022.
77.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as
a result of changes in ownership or new construction occurring prior to Date of Policy.
78.Taxes, assessments or obligations by reason of inclusion within the boundaries of the Sacramento River
Reclamation District as disclosed by Resolution No. 99-87 of the Butte County Board of Supervisors, a certified
copy of which recorded November 8, 1999 as Instrument No. 1999-0047189, of Official Records.
Reference is hereby made to said document for full particulars.
79.Water rights, claims or title to water, whether or not disclosed by the public records.
80.Any claim by reason of the inaccuracy, insufficiency or incompleteness of the legal description set forth in
Schedule A, its failure to describe all the real property intended to be addressed in this evidence of title, or the
inability to determine the location or configuration thereof.
81.Rights of the public to any portion of the Land lying within any public road(s) or highway(s).
82.Lack of a legal right of access to and from said Land.
83.Rights of the Public, County of Butte, the State of California, Department of Fish & Game or the Sacramento River
Reclamation District, in and to any highways, roads, ditches, canals or levees embraced within the boundaries of
the land described herein.
84.The land herein described, being located within the floodway area as shown on the map entitled, "Designated
Floodway Sacramento River", which map was recorded in the office of the Recorder of the County of Butte, State
of California, on March 28, 1972 in Book 1 of Floodway Maps, at pages 1 through 25, inclusive.
85.Any adverse claim that some portion of said Land has not at any time been within the boundaries of the County of
Butte since September 9, 1850.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 15 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
86.Any adverse claim based upon the assertion that:
a. Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of
the Sacramento River or Dicus Slough in the event the boundary of said river or slough has been artificially raised
or is now or at any time has been below the high watermark, if said river or slough is in its natural state.
b. Some portion of said Land has been created by artificial means or has accreted to such portion so
created.
c. Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of
the Sacramento River or Dicus Slough, or has been formed by accretion to any such portion.
87.Rights and easements for navigation and fishery which may exist over that portion of said Land lying beneath the
waters of the Sacramento River or Dicus Slough.
88.Any adverse claim based upon the assertion that said Land or any part thereof is now or at any time has been
included within a navigable river, slough, or other navigable body of water.
89.Any rights, interests or claims which may exist, or arise by reason of said land or portions thereof being, or having
been used by the public for beach, recreational, or other public purposes or for access to other lands being used
for any such beach, recreational, or other public purposes.
90.The right, title or interest of the United States of America or the State of California and any interest, right or claim
of others adverse to the vestees herein, existing or claiming to exist by reason of the fact that any portion or
portions of said land is now, or has been within the boundaries of the Sacramento River or any other navigable
body of water by reason of the fact that, or claim that any portion of portions thereof has been formed, built up,
uncovered, rendered unnavigable or joined to another portion of said land, or brought within the boundaries of said
land, by avulsion or reliction, or has been formed by accretion to any such portion or portions.
91.The effect of any adjudication by a court having appropriate jurisdiction over the land described herein, as to its
boundaries, ownership and the claims, rights, titles and interests of other parties, known or unknown, including but
not limited to the Board of Trustees of Leland Stanford University, who claim or may claim adversely to the vested
owners herein, in said land.
92.Any facts, rights, interests or claims which may exist, or arise by reason matters shown on, or disclosed by the
following Maps:
a) Plat of the Bosquejo Rancho dated January 21, 1861 and filed in the General Office of the Department of
Interior September 9, 1908.
b) That unrecorded map of Unit Thirteen of Stanford Vina Ranch by Polk and Robinson, Civil Engineers.
c) Subdivision map of a portion of the Gerke Rancho filed May 24, 1881 in Book 1 Page 7 of Maps.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 16 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
93.The reservation for the use and benefit of all present and future owners of any part or portion of the Vina Ranch
and for all purposes for which the same have been used, the drainage courses on any part of the lands conveyed,
with the right of ingress and egress of said owners for the purposes of upkeep, maintenance and repair, a public
easement over all existing public roads and rights of way for existing pole lines, as contained in Deeds from the
Board of Trustees of Leland Stanford Junior University, recorded November 19, 1919 in Book 182 of Deeds, at
page 233, and in Deed recorded November 21, 1919 in Book 182 of Deeds, at page 243, and in Deed recorded
March 27, 1931 in Book 68 of Official Records, at page 344, and in Deed from Nancy J. Galbraith to Johannes
Rehse, et ux, recorded February 11, 1931 in Book 64 of Official Records, at page 320, Butte County Records.
No representation is made as to the current ownership of said easement.
94.Reservations of Water Rights as contained in those deeds from the Board of Trustees of Leland Stanford Junior
University, recorded November 19, 1919 in Book 182 of Deeds, at page 233, and in Deed recorded November 21,
1919 in Book 182 of Deeds, at page 243, and in Deed recorded March 27, 1931 in Book 68 of Official Records, at
page 344, and in Deed from Nancy J. Galbraith to Johannes Rehse, et ux, recorded February 11, 1931 in Book 64
of Official Records, at page 320, Butte County Records.
No representation is made as to the current ownership of said water rights.
95.Matters contained in that certain Road Maintenance Agreement which document, among other things, may
provide for liens and charges.
Executed by: Alvin E. Anderson, et al
Recording Date: May 9, 1969
Recording No.: Book 1525, page 49, of Official Records
No representation is made as to the current ownership of the interest created by said instrument.
Reference is hereby made to said document for full particulars.
96.Matters contained in that certain Road Maintenance Agreement which document, among other things, may
provide for liens and charges.
Executed by: William A. Howard, et al
Recording Date: May 9, 1969
Recording No.: Book 1565, page 581, of Official Records
No representation is made as to the current ownership of the interest created by said instrument.
Reference is hereby made to said document for full particulars.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 17 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
97.An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with
easements, if any, as set forth therein.
Dated: July 21, 1970
Lessor: Eldores Englebrecht, et al
Lessee: Edward M. Tilbury, et ux
Recording Date: September 28, 1970
Recording No.: Book 1636, page 59, of Official Records
The effect of that certain Quitclaim Deed recorded June 24, 1971 in Book 1682 of Official Records, at page 613,
Butte County Records.
98.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document:
Purpose: Ingress and egress purposes
Recording Date: November 23, 1971
Recording No.: Book 1714, page 462, of Official Records
Affects: A 20 foot wide strip of land
The effect of that certain Grant Deed recorded March 31, 1989 as Instrument No. 89-011264, of Official Records
No representation is made as to the current ownership of said easement.
Reference is hereby made to said documents for full particulars.
99.The right to construct, place, inspect, maintain, replace, remove and use facilities of the types stated herein and
other incidental purposes:
In favor of: Sacramento and San Joaquin Drainage District
Purpose: Flood control and water development
Facilities: Roads, levees, ditches, etc.
Recording Date: May 6, 1976
Recording No.: Book 2068, page 488, of Official Records
No representation is made as to the current ownership of said easement.
Reference is hereby made to said document for full particulars.
100.Any defects, liens, adverse claims or other matters disclosed by the following conveyances:
a) Deed from Rich D. Stemple and Patti L. Stemple to John Dudley recorded April 13, 1988 as Instrument No.
1988-11588 of Official Records.
b) Deed from Terry Bly Myhre Dudley also known as Terry B. Dubley to John Dudley recorded December 20, 1991
as Instrument No. 1991-052241 of Official Records.
c) Deed from Rich D. Stemple and Patti L. Stemple, husband and wife as joint tenants and John Dudley to The
State of California recorded December 20, 1991 as Instrument No. 91-52242 of Official Records.
d) Deed from Rich D. Stemple and Patti L. Stemple, husband and wife as joint tenants as to a 2/3 interest and
John Dudley as to a 1/3 interest to The State of California recorded December 20, 1991 as Instrument No.
91-52243 of Official Records.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 18 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
101.Discrepancies and irregularities in the descriptions referred to herein which are established by reference to section
corners which have not been established by government surveys and the location of which are dependent upon
the projection of lines from government surveys of other lands.
102.Intentionally deleted.
103.Any claim based on the failure to comply with the provisions of Governmental Laws and Regulations regarding the
division of land.
104.Intentionally deleted.
105.The herein described Land is located in an area frequently subject to Land Conservation Contracts executed
pursuant to the Williamson Act (Cal. Govt. Code §§ 51200 et seq.). Land Conservation Contracts restrict the land
use to agricultural, recreational, open-space and other compatible uses. If the herein described Land is subject to
a Land Conservation Contract, please notify the Title Department.
The Company reserves the right to add additional items and/or make further requirements
106.Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to the
Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard
Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws.
107.INTENTIONALLY DELETED
108.INTENTIONALLY DELETED
THE FOLLOWING ITEMS AFFECT ALL TRACTS:
109.INTENTIONALLY DELETED.
110.Taxes, assessments or obligations by reason of inclusion within the boundaries of the Sacramento River
Reclamation District as disclosed by Resolution No. 99-87 of the Butte County Board of Supervisors, a certified
copy of which recorded November 8, 1999 as Instrument No. 1999-0047189, of Official Records.
Reference is hereby made to said document for full particulars.
111.Any facts, rights, interests or claims which may exist, or arise by reason of matters shown upon that certain
Record of Survey, filed for record in the office of the County Recorder August 16, 2006 in Book 168 of Maps, at
pages 54 through 59, Butte County Records.
Reference is hereby made to said map for full particulars.
112.INTENTIONALLY DELETED.
113.INTENTIONALLY DELETED.
114.INTENTIONALLY DELETED.
115.INTENTIONALLY DELETED.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
SCHEDULE B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 19 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
116.Easement(s), by implication and necessity, for access, maintenance, utilities, encroachment of improvements and
incidental purposes in favor of Rick Stemple and Patti Stemple as Trustees of the Rick and Patti Stemple Living
Trust, Under Agreement dated September 8, 2006, their successors and assigns, owners of parcels of land
adjacent to the herein described land which has no record access. Said parcel of land had common ownership
with the herein described land until the following Deed which contained no reservation for such purpose.
Entitled: Grant Deed
Grantor: Rick Stemple and Patti Stemple as Trustees of the Rick and Patti Stemple Living Trust, Under
Agreement dated September 8, 2006
Grantee: FARMLAND RESERVE, INC., a Utah nonprofit corporation
Recording Date: October 22, 2020
Recording No: 2020-0044034 of Official Records.
117.Any facts, rights, interests or claims which may exist, or arise by reason of matters shown upon that certain
Record of Survey, filed for record in the office of the County Recorder April 8, 2021 in Book 197 of Maps, at pages
75 through 77, Butte County Records.
Reference is hereby made to said map for full particulars.
118.Property tax information is unavailable at the time of preparation of this report. If you need to check tax status
please contact this office or the Butte County Treasurer-Tax Collector at 530-538-7701.
END OF SCHEDULE B
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 20 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
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 affecting 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 the 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 the rights of the
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 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 the Assured for this purpose. Whenever requested by 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 or 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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 21 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
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 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 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 were 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 theAssured 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 OF 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.
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.
FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO.FFHO-FTO211102B
(continued)
Condition of Title Guarantee
CLTA Guarantee Form No. 28 (06/05/2014)Printed: 07.08.21 @ 03:07 PM
Page 22 CA-FT-FFHO-01510.081451-SPS-1-21-FFHO-FTO211102B
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 Two Million And No/100 Dollars ($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 Two Million And No/100 Dollars ($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 binding upon the
parties. Judgment upon the award 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 States 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:
Fidelity National Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Department
END OF CONDITIONS