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HomeMy WebLinkAbout7.LLA25-0002 Title Guarantee Form 5026900 (1-29-15) Page 1 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Guarantee CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-7206486 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE. FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company GUARANTEES against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A By: Authorized Countersignature This jacket was created electronically and constitutes an original document © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses prohibited. Reprinted under license or express permission from the California Land Title Association. Form 5026900 (1-29-15) Page 2 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters , whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or, (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: a. the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. b. "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. c. "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. d. "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. e. "Date of Guarantee": the Date of Guarantee set forth in Schedule A. f. “Amount of Liability”: the Amount of Liability as stated in Schedule A. 2. Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: a. The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. b. If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. c. Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. d. In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by Form 5026900 (1-29-15) Page 3 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A to prevent or reduce loss or damage to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. a. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. b. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonable necessary information from third parties, as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: a. To pay or tender payment of the Amount of Liability together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. b. To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys’ fees, and expenses incurred by the Assured that where authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay; or c. To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys’ fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company’s obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7. Limitation Liability. a. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. b. If the Company, or the Assured under the direction of the Company at the Company’s expense, removes the alleged defect, lien, or encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. c. In the event of any litigation by the Company or with the Company’s consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. d. The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9. Payment of Loss. a. No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. b. When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. Form 5026900 (1-29-15) Page 4 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) GUARANTEE CONDITIONS (Continued) 10. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binging upon the parties. Judgment upon the aware rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. a. This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. b. Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. c. No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability. In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14. Choice of Law; Forum. a. Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. b. Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United State of America or its territories having appropriate jurisdiction. 15. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 5 First American Way, Santa Ana, California 92707. Phone: 888-632-1642 (claims.nic@firstam.com). Form 5026900 (1-29-15) Page 5 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule A CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-7206486 File No.: 7206486 Guarantee No. 7206486 Amount of Liability: $2,500.00 Date of Guarantee:January 23, 2025 at 7:30 A.M. Fee: $500.00 1. Name of Assured: Harris Land Surveying, Inc. 2. The estate or interest in the Land which is covered by this Guarantee is: January 23, 2025 3. The Land referred to in this Guarantee is described as follows: Real property in the unincorporated area of the County of Butte, State of California, described as follows: PARCEL I: THE FOLLOWING DESCRIBED PROPERTY IN TOWNSHIP TWENTY-ONE NORTH, RANGE ONE EAST, M.D.B. & M. DESCRIBED AS FOLLOW: PART OF SECTION TWENTY-NINE AND RANCHO DE FARWELL DESCRIBED AS FOLLOWS: BEGINNING IN THE CENTER OF THE COUNTY ROAD AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE, TOWNSHIP TWENTY-ONE NORTH, RANGE ONE EAST; THENCE WEST ALONG CENTER OR SAID COUNTY ROAD 1320 FEET; THENCE NORTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION TWENTY-NINE AND ITS PRODUCTION INTO THE RANCHO DE FARWELL 2273.5 FEET; THENCE EAST 2898.3 FEET; THENCE SOUTH 0° 45’ WEST 175.5 FEET TO THE CENTER OF THE COUNTY ROAD; THENCE SOUTH 51° 30’ WEST ALONG THE CENTER OF THE COUNTY ROAD 2013.8 FEET; THENCE SOUTH 844.9 FEET TO THE POINT OF BEGINNING, LYING IN THE SOUTHEAST QUARTER OF SECTION TWENTY-NINE AND ITS PRODUCTION INTO THE RANCHO DE FARWELL. EXCEPTING THEREFROM THOSE PORTIONS CONVEYED BY DEEDS RECORDED AUGUST 25, 1976 AS BOOK 2098, PAGE(S) 240 AND 243 FROM THE DEPARTMENT OF VETERANS AFFAIRS ET AL TO THE COUNTY OF BUTTE. PARCEL II: BEING A PORTION OF LOT 1, ACCORDING TO THAT CERTAIN MAP ENTITLED, "HANSEN SUBDIVISION, BEING PARTS OF SECTIONS 28, 29 AND 33, T21N, R1E" WHICH MAP WAS FILED IN Form 5026900 (1-29-15) Page 6 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, FEBRUARY 5, 1915, IN MAP BOOK 8, PAGE 26, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N 2° 00’ 59” E, 123.70 FEET ALONG THE WEST LINE OF SAID LOT 1 TO THE NORTHWEST CORNER THEREOF; THENCE N 51° 25’ 59” E ALONG THE NORTHWESTERLY LINE OF SAID LOT, 547.18 FEET; THENCE SOUTHWESTERLY ON THE ARC OF A NON-TANGENT 1240.00 FOOT RADIUS CURVE (RADIAL LINE TO SAID CURVE AT THIS POINT BEARS N 53° 26’ 10” W), CONCAVE TO THE SOUTHEAST THROUGH A CENTRAL ANGLE OF 5° 57’ 01” FOR 128.78 FEET; THENCE S 30° 36’ 49” W 416.98 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE N 89° 29’ 01” W 148.63 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. PARCEL III: BEING A PORTION OF LOT 2 OF THE OFFICIAL MAP OF HANSEN SUBDIVISION AS RECORDED IN BOOK 8 AND PAGE 26 OF MAPS IN BUTTE COUNTY OFFICIAL RECORDS IN FEBRUARY 5, 1915, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE S 89° 29’ 01” E 148.63 FEET ALONG THE NORTH LINE OF SAID LOT 2; THENCE S 30° 36’ 49” W, 148.05 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A 1160.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 7° 12’ 29”, A DISTANCE OF 145.93 FEET TO THE WEST LINE OF SAID LOT 2; THENCE N 2° 00’ 59” E ALONG SAID WEST LINE, 249.50 FEET TO THE POINT OF BEGINNING. PARCEL IV: BEING A PORTION OF LOT 1 AND LOT 2 AS SAID LOTS ARE SHOWN ON THAT CERTAIN MAP ENTITLED "HANSEN SUBDIVISION", WHICH MAP WAS RECORDED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE ON FEBRUARY 5, 1915, IN BOOK 8 OF MAPS AT PAGE 26, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WESTERLY COMMON CORNER OF SAID LOTS 1 AND 2 OF THE SAID HANSEN SUBDIVISION; THENCE S 89° 29’ 01” E, ALONG THE DIVIDING LINE BETWEEN SAID LOT 1 AND 2, A DISTANCE OF 30.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 2° 00’ 59” W ALONG THE EXISTING EASTERLY RIGHT OF WAY LINE OF THE OLD ORD FERRY ROAD (FORMERLY KNOWN AS CHICO-BUTTE CITY ROAD) 206.63 FEET; THENCE SOUTHWESTERLY ON THE ARC OF A NON- TANGENT 1160.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST (RADIAL LINE TO SAID CURVE AT THIS POINT BEARS S 54° 47' 42” E) THROUGH A CENTRAL ANGLE OF 5° 04’ 37” FOR 102.79 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SAID OLD ORD FERRY ROAD; THENCE NON-TANGENT N 2° 00’ 59” E ALONG SAID WESTERLY RIGHT OF WAY LINE, 426.76 FEET; THENCE N 51° 25’ 59” E ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF THE SAID OLD ORD FERRY ROAD, 710.52 FEET; THENCE SOUTHWESTERLY ON THE ARC OF A NON-TANGENT 1240.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTHEAST (RADIAL LINE TO SAID CURVE AT THIS POINT BEARS N 46° 23’ 02” W), THROUGH A CENTRAL ANGLE OF 11° 44’ 17” FOR 254.04 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF THE OLD ORD FERRY ROAD; THENCE NON-TANGENT S 51° 25’ 59” W, ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, 436.53 FEET; THENCE S 2° 00’ 59” W ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF THE OLD ORD FERRY ROAD 109.11 FEET TO THE TRUE POINT OF BEGINNING. PARCEL V: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 29, T21N, R1E, MDM, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 2 AS SHOWN ON THAT CERTAIN MAP ENTITLED "HANSEN SUBDIVISION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE Form 5026900 (1-29-15) Page 7 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) RECORDER OF THE COUNTY OF BUTTE, ON FEBRUARY 5, 1915 IN BOOK 8 OF MAPS, AT PAGE 26; THENCE FROM SAID POINT OF COMMENCEMENT, N 89° 55’ 01” W, ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 70.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SECTION LINE N 89° 55’ 01” W, 519.18 FEET; THENCE NORTHEASTERLY ON THE ARC OF A NON-TANGENT 1240.00 FOOT RADIUS CURVE (RADIAL LINE TO SAID CURVE AT THIS POINT BEARS S 14° 28’ 17” E), CONCAVE TO THE NORTHWEST, THROUGH A CENTRAL ANGLE OF 4° 45’ 38” FOR 103.03 FEET; THENCE NON-TANGENT TO SAID CURVE, ALONG THE EXISTING NORTHERLY RIGHT OF WAY LINE OF OLD ORD FERRY ROAD S 89° 55’ 01” E, 344.37 FEET; THENCE N 0° 01’ 19” W 1.58 FEET TO THE EXISTING NORTHWESTERLY RIGHT OF WAY LINE OF THE OLD ORD FERRY ROAD CONVEYED TO THE COUNTY OF BUTTE BY DEED RECORDED MAY 23, 1922 IN BOOK 195 OF DEEDS, AT PAGE 123, BUTTE COUNTY RECORDS; THENCE NORTHEASTERLY ON SAID EXISTING NORTHWESTERLY RIGHT OF WAY LINE ON THE ARC OF A NON-TANGENT 120.00 FOOT RADIUS CURVE, CONCAVE TO THE NORTHWEST (RADIAL LINE TO SAID CURVE AT THIS POINT BEARS S 0° 01’ 19” E), THROUGH A CENTRAL ANGLE OF 40° 47’ 33”, FOR 85.44 FEET; THENCE NON-TANGENT TO SAID CURVE S 2° 00’ 59” W, 60.91 FEET TO THE TRUE POINT OF BEGINNING. APN: 039-290-036 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: John J. Nock, successor sole Trustee of the Joe and Lorraine Nock Family Trust dated October 26, 2004 b. Title to the estate or interest is subject to defects, liens, or encumbrances shown in Schedule B which are not necessarily shown in the order of their priority. Form 5026900 (1-29-15) Page 8 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) Schedule B CLTA Guarantee Form No. 28 - Condition of Title ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5026900-7206486 File No.: 7206486 1. General and special taxes and assessments for the fiscal year 2025-2026, a lien not yet due or payable. 2. 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. 3. Rights of the public in and to that portion of the land lying within Ord Ferry Road. 4. An oil and gas lease executed by Frank Nordyke as lessor and Standard Oil Company of California, a corporation as lessee, recorded March 03, 1944 as Book 325, Page 275 of Official Records. Affects: Parcel V and other property. Document(s) declaring modifications thereof recorded December 01, 1945 as Book 367, Page 332 of Official Records. The Lessor's interest under the lease has been assigned to Joseph W. Nock and Lorraine P. Nock, husband and wife by assignment recorded January 13, 1965 as Book 1354, Page 117 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 5. An oil and gas lease executed by Henry Hansen, et al as lessor and Standard Oil Company of California, a corporation as lessee, recorded March 06, 1947 as Book 417, Page 96 of Official Records. Affects: Parcels II, III and IV. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 6. An easement for public utilities and incidental purposes in the document recorded August 08, 1973 as Book 1854, Page 299 and Book 1854, Page 623 of Official Records. Affects: Parcel V. Form 5026900 (1-29-15) Page 9 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) 7. An easement for public utilities and incidental purposes in the document recorded August 19, 1974 as Book 1932, Page 13, June 15, 1976 as Book 2078, Page 447 and June 25, 1976 as Book 2082, Page 44 of Official Records. Affects: Parcel IV. 8. Agricultural Statement of Acknowledgement for Residential Development, Executed By: John Nock Recorded: September 15, 2016, Serial No. 2016-0034716. Affects: Parcels I thru V. 9. Water rights, claims or title to water, whether or not shown by the Public Records. 10. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 11. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 12. Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act (7 U.S.C. §§ 499a, et seq.) or the Poultry and Stockyards Act (7 U.S.C. §§ 181 et seq.) or under similar state laws. NOTE: This file involves The Perishable Agricultural Commodities Act (7 U.S.C. §§ 499a, et seq.) or the Poultry and Stockyards Act (7 U.S.C. §§ 181 et seq.) and will require First American Senior Underwriting Approval prior to the close of escrow. 13. 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. 14. The Vestee herein acquired Title by Document (s) Recorded May 20, 2014 as Serial No. 2014- 0015005 and December 18, 2024 as Serial No. 2024-0032568. 15. Taxes for proration purposes only for the fiscal year 2024-2025. First Installment: $7,300.90, PAID Second Installment: $7,300.90, PAID Tax Rate Area: 070-019 APN: 039-290-036 VP:jb Mid Valley Title & Escrow Company 601 Main Street Chico, CA 95928 Form 5026900 (1-29-15) Page 10 of 10 CLTA Guarantee Form No. 28 - Condition of Title (Rev. 6-5-14) 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.