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HomeMy WebLinkAboutTPM23-0003 5. Parcel Map Guarantee Mid Valley Title & Escrow Company Mid Valley Title & Escrow Company 601 Main Street Chico, CA 95928 December 20, 2022 Herb Votaw Rolls, Anderson & Rolls 115 Yellowstone Drive Chico, CA 95973 Phone: (530)895-1422 Fax: (530)895-1409 Title Officer: Vicki Petrucha Phone: (530)893-5644 Order Number: 0401-6934610 (VP) Escrow Number: 0401-6934610 Property: 4501 Out of the Way Road Paradise, CA 95969 Attached please find the following item(s): Parcel Map Guarantee Thank You for your confidence and support. We at Mid Valley Title & Escrow Company maintain the fundamental principle: Customer First! Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 1 Mid Valley Title & Escrow Company PARCEL MAP GUARANTEE Parcel Map Ref: Order No: 0401-6934610 Fee: 500.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, First American Title Insurance Company a Nebraska corporation, herein called the Company, GUARANTEES Rolls, Anderson, & Rolls The County of Butte and any city within which the land is located, herein called the Assured, against loss not exceeding $1,000.00 which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below: 1. The title to the herein described estate or interest was vested in the vestee named, subject to the matters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. Dated: December 14, 2022, at 7:30 A.M. First American Title Insurance Company Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 2 Mid Valley Title & Escrow Company The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: A Fee as to Parcel(s) I, an easement as to Parcel(s) II Through IV Title to said estate or interest at the date hereof is vested in: Rick E. Scott and Kimberly C. Scott, as Co-Trustees of The Kimberly C. and Rick E. Scott Family Trust, U/A dated April 7, 2015 The land included within the boundaries of the Parcel Map hereinbefore referred to in this Guarantee in the Unincorporated area, County of Butte, State of California, is described as follows: PARCEL I: ALL THAT PORTION OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 3 EAST, M.D.B. & M., LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID SECTION 2 WITH THE EAST LINE OF CLARK ROAD, AS SAID ROAD IS DESCRIBED IN DEED TO THE COUNTY OF BUTTE, RECORDED AUGUST 5, 1938, IN BOOK 86, PAGE 368, OFFICIAL RECORDS; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION 2, A DISTANCE OF 910 FEET TO THE TRUE POINT OF BEGINNING FOR SAID LINE; THENCE LEAVING SAID NORTH LINE, SOUTH 14 DEG. 50' EAST 1770.0 FEET; THENCE SOUTH 35 DEG. 10' EAST 883.0 FEET; THENCE SOUTH 17 DEG. 20' WEST 1010.0 FEET; THENCE SOUTH 26 DEG. 20' WEST 1070 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE TO A POINT ON THE SOUTH LINE OF SAID SECTION 2, WHICH POINT BEARS EASTERLY, MEASURED ALONG SAID SOUTH LINE, A DISTANCE OF 1260.11 FEET FROM THE POINT OF INTERSECTION OF SAID SOUTH LINE WITH THE EASTERLY LINE OF CLARK ROAD, AS SAID ROAD IS DESCRIBED IN THE DEED TO THE COUNTY OF BUTTE HEREINABOVE REFERRED TO AND THE END OF SAID LINE. EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE ALONG THE EAST LINE THEREOF, SOUTH 330 FEET TO THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM OLE HESBOL, ET UX, TO F. M. BETHARD, RECORDED NOVEMBER 22, 1917, IN BOOK 153 OF DEEDS, PAGE 50, BUTTE COUNTY RECORDS, AND BEING THE TRUE POINT OF BEGINNING FOR THE PARCEL OF LAND HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING, ALONG THE NORTH LINE OF SAID BETHARD PARCEL 2145.0 FEET TO THE NORTHWEST CORNER THEREOF; THENCE ALONG THE WEST LINE OF SAID BETHARD PARCEL, SOUTH 330 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE ALONG THE EASTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED FROM F. M. BETHARD, ET AL, TO OLE HESBOL, RECORDED NOVEMBER 22, 1917, IN BOOK 153 OF DEEDS, PAGE 49, BUTTE COUNTY RECORDS, SOUTH 3 DEG. 49' WEST TO THE SOUTHEAST CORNER OF SAID HESBOL PARCEL ON THE SOUTH LINE OF SAID SECTION 2, WHICH POINT IS 363 FEET EAST FROM THE SOUTH QUARTER CORNER OF SAID SECTION 2; THENCE ALONG THE SOUTH LINE OF SAID SECTION 2, EAST A DISTANCE OF 2277 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE ALONG THE EAST LINE OF SAID SECTION 2, NORTH A DISTANCE OF 2310 FEET TO THE TRUE POINT OF BEGINNING. PARCEL II: A RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER A STRIP OF LAND 60 FEET IN WIDTH AND HAVING A LENGTH OF 1010 FEET, SAID STRIP LYING WESTERLY OF AND ADJACENT TO THE COURSE AND DISTANCE SET FORTH AS SOUTH 17 DEG. 20' WEST 1010 FEET IN PARCEL I DESCRIBED HEREIN. Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 3 Mid Valley Title & Escrow Company PARCEL III: A RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER AND ACROSS A STRIP OF LAND 60 FEET IN WIDTH, EXTENDING WESTERLY FROM THE WESTERLY LINE OF THE HEREIN DESCRIBED PROPERTY TO THE EASTERLY LINE OF CLARK ROAD, SAID RIGHT OF WAY TO BE LOCATED WITHIN THE SOUTH 1000 FEET OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO HUGH M. O'NEIL RECORDED FEBRUARY 10, 1964, IN BOOK 1295, PAGE 348, OFFICIAL RECORDS, THE NORTHERLY LINE OF SAID SOUTHERLY 1000 FEET BEING PARALLEL WITH THE SOUTH LINE OF SAID PARCEL AND 1000 FEET PERPENDICULARLY DISTANCE FROM SAID SOUTH LINE. PARCEL IV: 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 LOCATED IN THE SOUTH HALF OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 3 EAST, M.D.B. & M.: BEGINNING AT A 3/4" IRON PIPE AND TAG LS 2843, MARKING THE MOST EASTERLY CORNER OF PARCEL 4, AS SHOWN ON THAT CERTAIN PARCEL MAP FOR 10-M CORP., WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF BUTTE COUNTY, CALIFORNIA, IN BOOK 57 OF MAPS, AT PAGE 36; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF CLARK ROAD AND ALONG THE ARC OF A 750.00 FOOT RADIUS CURVE CONCAVE TO THE WEST, THE RADIUS POINT AT THIS POINT BEARS NORTH 74 DEG. 25' 32" WEST, SOUTHERLY THROUGH A CENTRAL ANGLE OF 6 DEG. 07' 06", FOR AN ARC DISTANCE OF 80.09 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 4; THENCE SOUTH 81 DEG. 31' 27" EAST, FOR 51.27 FEET TO A POINT LOCATED IN THE CENTERLINE OF SAID CLARK ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THE ROAD CENTERLINE HEREIN DESCRIBED; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING SOUTH 81 DEG. 31' 27" EAST, FOR 107.93 FEET TO THE BEGINNING OF A TANGENT 150.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 37 DEG. 16' 16", FOR AN ARC DISTANCE OF 97.58 FEET TO THE END OF SAID CURVE; THENCE SOUTH 44 DEG. 15' 11" EAST, FOR 85.88 FEET TO THE BEGINNING OF A TANGENT 250.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27 DEG. 07' 31", FOR AN ARC DISTANCE OF 118.36 FEET TO THE END OF SAID CURVE; THENCE SOUTH 17 DEG. 07' 40" EAST, FOR 18.02 FEET TO THE BEGINNING OF A 30.00 FOOT RADIUS TANGENT CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 180 DEG., FOR AN ARC DISTANCE OF 94.25 FEET TO THE END OF SAID CURVE; THENCE NORTH 17 DEG. 07' 40" WEST, FOR 18.02 FEET TO THE BEGINNING OF A TANGENT 310.00 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 22 DEG. 07' 31", FOR AN ARC DISTANCE OF 119.71 FEET TO THE BEGINNING OF A 285.45 FOOT RADIUS REVERSE CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 DEG. 37' 18", FOR AN ARC DISTANCE OF 157.54 FEET TO THE END OF SAID CURVE; THENCE NORTH 7 DEG. 37' 54" WEST, FOR 113.68 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 33 DEG. 53' 50", FOR AN ARC DISTANCE OF 59.16 FEET TO THE END OF SAID CURVE; THENCE NORTH 26 DEG. 15' 56" EAST, FOR 56.74 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 36 DEG. 54' 46", FOR AN ARC DISTANCE OF 64.43 FEET TO THE END OF SAID CURVE; THENCE NORTH 63 DEG. 10' 42" EAST, FOR 41.56 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 38 DEG. 16' 30", FOR AN ARC DISTANCE OF 66.80 FEET TO THE END OF SAID CURVE; THENCE NORTH 24 DEG. 54' 12" EAST, FOR 111.24 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 184 DEG. 25' Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 4 Mid Valley Title & Escrow Company 05", FOR AN ARC DISTANCE OF 160.93 FEET TO THE END OF SAID CURVE; THENCE SOUTH 29 DEG. 19' 17" WEST, FOR 98.49 FEET TO THE BEGINNING OF A 300 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 11 DEG. 40' 21", FOR AN ARC DISTANCE OF 61.11 FEET TO THE END OF SAID CURVE; THENCE SOUTH 40 DEG. 59' 37" WEST, FOR 61.51 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 75 DEG. 10' 55", FOR AN ARC DISTANCE OF 65.61 FEET TO THE END OF SAID CURVE; THENCE SOUTH 34 DEG. 11' 18" EAST, FOR 45.82 FEET TO THE BEGINNING OF A 100 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 40 DEG. 56' 30", FOR AN ARC DISTANCE OF 71.46 FEET TO THE END OF SAID CURVE; THENCE SOUTH 75 DEG. 07' 48" EAST, FOR 286.09 FEET TO THE BEGINNING OF A 47.83 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 164 DEG. 52' 40", FOR AN ARC DISTANCE OF 137.64 FEET TO THE END OF SAID CURVE; THENCE NORTH 60 DEG. 00' 28" WEST, FOR 121.52 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 121 DEG. 17' 23", FOR AN ARC DISTANCE OF 105.85 FEET TO THE END OF SAID CURVE; THENCE NORTH 61 DEG. 16' 55" EAST, FOR 58.93 FEET TO THE BEGINNING OF A 250 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14 DEG. 21' 53", FOR AN ARC DISTANCE OF 62.68 FEET TO THE END OF SAID CURVE; THENCE NORTH 75 DEG. 38' 48" EAST, FOR A DISTANCE OF 70.45 FEET TO THE BEGINNING OF A 300 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 9 DEG. 22' 21", FOR AN ARC DISTANCE OF 49.07 FEET TO THE END OF SAID CURVE; THENCE NORTH 66 DEG. 16' 27" EAST, FOR 21.85 FEET TO THE BEGINNING OF A 116.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 102 DEG. 29' 37", FOR AN ARC DISTANCE OF 207.51 FEET TO THE END OF SAID CURVE; THENCE SOUTH 11 DEG. 13' 56" EAST, FOR 254.01 FEET TO THE BEGINNING OF A 450 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14 DEG. 24' 30", FOR AN ARC DISTANCE OF 113.16 FEET TO THE END OF SAID CURVE; THENCE SOUTH 25 DEG. 38' 26" EAST, FOR 219.86 FEET TO THE BEGINNING OF A 225 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 28 DEG. 14' 45", FOR 110.92 FEET TO THE END OF SAID CURVE; THENCE SOUTH 2 DEG. 36' 19" WEST, FOR 160.93 FEET TO THE BEGINNING OF A 300 FOOT RADIUS CURVE TO THE LEFT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25 DEG. 57' 36", FOR AN ARC DISTANCE OF 135.93 FEET TO THE END OF SAID CURVE; THENCE SOUTH 23 DEG. 21' 17" EAST, FOR 193.10 FEET TO THE BEGINNING OF A 140 FOOT RADIUS CURVE TO THE RIGHT; THENCE FOLLOWING ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 23 DEG. 17' 12", FOR 56.90 FEET TO THE END OF SAID CURVE; THENCE SOUTH 0 DEG. 04' 05" EAST, FOR 27.14 FEET TO INTERSECT THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 35 WHICH POINT BEARS NORTH 89 DEG. 23' 35" EAST, FOR 312.13 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 35, AND THE END OF SAID DESCRIBED ROAD CENTERLINE. APN: 041-080-049 Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 5 Mid Valley Title & Escrow Company EXCEPTIONS 1. General and special taxes and assessments for the fiscal year 2022-2023. First Installment: $2,049.67, PAID Penalty: $0.00 Second Installment: $2,049.67, PAYABLE Penalty: $0.00 Tax Rate Area: 070-004 A. P. No.: 041-080-049 2. Supplemental taxes for the year 2022-2023 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,410.32, PAID Penalty: $0.00 Second Installment: $1,410.32, PAYABLE Penalty: $0.00 Tax Rate Area: 070-004 A. P. No.: 910-029-608 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. An easement for public utilities and incidental purposes in the document recorded April 19, 1913 as Book 135 of Deeds, Page 254. Document re-recorded May 17, 1913 as Book 135 of Deeds, Page 426. The location of the easement cannot be determined from record information. 5. An easement for public utilities and incidental purposes in the document recorded February 14, 1949 as Book 496, Page 27 of Official Records. 6. 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 November 19, 1992 in Book 127 of Maps, Page(s) 69 . 7. The terms and provisions contained in the document entitled "Conditional Zoning Agreement" recorded December 17, 2001 as Serial No. 2001-0059866 of Official Records. 8. Agricultural Statement of Acknowledgement for Residential Development, Executed By: Kimberly Scott and Rick Scott Recorded: August 22, 2007, Serial No. 2007-0039907. 9. Restrictions contained in the instrument recorded on August 22, 2007 as Serial No. 2007-0039908 of Official Records. Reference is hereby made to the recorded instrument for a full understanding. Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 6 Mid Valley Title & Escrow Company 10. Water rights, claims or title to water, whether or not shown by the Public Records. 11. 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. NO:jb Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 7 Mid Valley Title & Escrow Company INFORMATION 1. Parcel was herein created by document recorded February 10, 1964 as Book 1295, Page 340 2. The Vestee herein acquired Title by Document (s) Recorded April 21, 2015 as Serial No. 2015- 0012929, June 19, 2007 as Serial No. 2007-0029609, and June 6, 2000 as Serial No. 2000-0020732. 3. Statement of information from Kimberly Scott. Documents recorded October 9, 2006 as Serial No. 2006-0052783, and July 10, 2007 as Serial No. 2007-0032996 of Official Records. The map attached, if any, may or may not be a survey of the land depicted hereon. Mid Valley Title & Escrow Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 8 Mid Valley Title & Escrow Company SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 9 Mid Valley Title & Escrow Company prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to Form No. 23 Order Number: 0401-6934610 CLTA Parcel Map Guarantee (1-13-78) Page Number: 10 Mid Valley Title & Escrow Company sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way, Bldg 2, Santa Ana, California, 92707. Mid Valley Title & Escrow Company 601 Main Street Chico, CA 95928 Mid Valley Title & Escrow Company Illegal Restrictive Covenants Please be advised that any provision contained in this document, or in a document that is attached, linked, or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law.