HomeMy WebLinkAbout20180924_Condition of TitleCLTA Guarantee Form No. 28 (06-05-14)-Condition of Title
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 1
CLTA GUARANTEE
Guarantee No.: 92002-18-1582129-01
Agent’s File No.: 92002-1582129-18
1855 Gateway Boulevard, Suite 600, Concord, CA 94520 (925) 935-5599
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED
HERETO AND MADE A PART OF THIS GUARANTEE,
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.
In witness whereof, North American Title Insurance has caused this policy to be signed and sealed as of the Date of
Policy.
Date of Guarantee: July 17, 2018
North American Title Company, Inc.
Policy Issuing Agent
BY: Authorized Signature
CLTA Guarantee Form No. 28 (06-05-14)-Condition of Title
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 2
SCHEDULE A
Condition of Title Guarantee
Order No. 92002-1582129-18 Amount of Liability $2,500.00
Guarantee No. 92002-18-1582129-01 Fee $500.00
Date of Guarantee July 17, 2018
1. Name of Assured: E Art Gallery
2. The estate or interest in the Land that is the subject of this Guarantee is: a fee
The land described in this guarantee is situated in an Unincorporated Area, County of Orange, State of
California, and is described as follows:
LOT 2 IN BLOCK E OF TRACT NO. 323, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGES 40
AND 41 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
APN: 459-171-14
ADDRESS: 2721 E COAST, NEWPORT BEACH, CA 92663
3. Assurances:
According to the Public Records as of the Date of Guarantee,
(a) Title to said estate or interest in the Land is vested in: Jeffrey Brown, Trustee, or his
Successor in Interest under The Jeffrey Brown Living Trust, dated March 27, 2001
(b) Title to said estate or interest is subject to the defects, liens, encumbrances or other matters
shown in Schedule B, which are not necessarily shown in the order of their priority.
CLTA Guarantee Form No. 28 (06-05-14)-Condition of Title
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 3
Guarantee No. 92002-18-1582129-01
SCHEDULE B
1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or
payable.
2. Taxes for proration purposes only for the fiscal year 2017-2018.
First Installment: $8,552.40, PAID
Second Installment: $8,552.40, PAID
Tax Rate Area: 07-001
APN: 459-171-14
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.
4. Water rights, claims or title to water, whether or not shown by the public records.
5. The effect of a map purporting to show the land and other property, filed in Book 212, Page 30 of
Record of Surveys.
6. A Deed of Trust to secure an original indebtedness of $2,511,628.00 recorded November 4,
2004 as Instrument no. 2004000994020 of Official Records.
Dated: November 1, 2004
Trustor: Jeffrey Brown, Trustee, or his Successor in Trust under The
Jeffrey Brown Living Trust, Dated March 27, 2001
Trustee: Fidelity National Title Insurance Company
Beneficiary: Carol Brown, Trustee, or her Successor in Trust U/D/T Dated
March 27, 2001, and any amendments thereto
A document recorded October 30, 2012 as Instrument no. 2012000664533 of Official Records
provides that Christie Law Firm, a California sole proprietary was substituted as trustee under the
deed of trust.
The effect of a document entitled "Full Reconveyance", recorded October 30, 2012 as Instrument no.
2012000664534 of Official Records.
Prior to relying on the reconveyance, North American Title Company will require satisfactory evidence
from the beneficiary under the deed of trust that the total amount due has been paid in full.
CLTA Guarantee Form No. 28 (06-05-14)-Condition of Title
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 4
7. Any defects, liens, encumbrances or other matters which name parties with the same or similar
names as Jeffrey Brown. The name search necessary to ascertain the existence of such matters has
not been completed. In order to complete this preliminary report or commitment, we will require a
statement of information.
8. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 5
CLTA Guarantee Exclusions and Conditions (06-05-14)
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 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 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.
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 6
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 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 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.
CLTA No.28 Condition of Title (06-05-14)
NATIC
North American Title Insurance Company Order No.: 92002-1582129-18
Page 7
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 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 North
American Title Insurance Company, Attn: Claims, 1855 Gateway
Boulevard, Suite 600, Concord, CA 94520 (800) 869-3434
Western States or (800) 374-8475 Eastern States.
Privacy Policy Rev. 05/22/2018
North American Title Group Family of Companies
FACTS WHAT DOES NORTH AMERICAN TITLE GROUP, LLC FAMILY OF COMPANIES DO WITH YOUR
PERSONAL INFORMATION?
Why? Financial companies choose how they share your personal information. Federal law gives
consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read this notice carefully
to understand what we do.
What? The types of personal information we collect and share depend on the product or service you
have with us. This information can include:
Social Security number and income
Transaction history and payment history
Purchase history and account balances
How? All financial companies need to share customers’ personal information to run their everyday
business. In the section below, we list the reasons financial companies can share their
customers’ personal information, the reasons North American Title Group, LLC Family of
Companies (“NATG”) chooses to share, and whether you can limit this sharing.
Reasons we can share your personal information Does NATG
share?
Can you limit
this sharing?
For our everyday business purposes
Such as to process your transactions, maintain your account(s), respond to
court orders and legal investigations, or report to credit bureaus
Yes No
For our marketing purposes
To offer our products and services to you
Yes No
For joint marketing with other financial companies No We don’t share
For our affiliates’ everyday business purposes
Information about your transactions and experiences
Yes No
For our affiliates’ everyday business purposes
Information about your creditworthiness
No We don’t share
For our affiliates to market to you Yes Yes
For nonaffiliates to market to you No We don’t share
To limit our sharing Visit the following webpage for full instructions and a link to the Opt Out
process via our NATTRACK system: www.nat.com/Opt-Out OR
Mail the form below
Please note:
If you are a new customer, we can begin sharing your information 30 days from the
date we sent this notice. When you are no longer our customer, we continue to share
your information as described in this notice.
However, you can contact us at any time to limit our sharing.
Questions? Call 1 (844) 654-5408
-----------------------------------------------------------------------------------------------------------------------------------------------------
Mail-in Form
If you have a joint
account, your
choice(s) will apply to
everyone on your
account unless you
mark below.
Apply my choices
only to me.
Mark any/all you want to limit:
Do not allow your affiliates to use my personal information to market to me.
Name
Address
City, State, Zip
Account #
Mail To: North American Title Group, LLC Family of Companies
ATTN: General Counsel
760 Northwest 107th Avenue, Suite 400
Miami, FL 33172
Page 2
Who we are
Who is providing this notice? North American Title Group, LLC Family of Companies (identified
below), which offers title insurance and settlement services and
property and casualty insurance
What we do
How does NATG protect my personal
information?
To protect your personal information from unauthorized access and
use, we use security measures that comply with federal law. These
measures include computer safeguards and secure files and buildings.
How does NATG collect my personal
information?
We collect your personal information, for example, when you
Apply for insurance;
Apply for financing;
Give us your contact information
Provide your mortgage information
Show your government-issued ID
We also collect your personal information from others, such as credit
bureaus, affiliates, or other companies.
Why can’t I limit all sharing? Federal law gives you the right to limit only
Sharing for affiliates’ everyday business purposes –
information about your creditworthiness
Affiliates from using your information to market to you
Sharing for nonaffiliates to market to you
State laws and individual companies may give you additional rights to
limit sharing.
What happens when I limit sharing
for an account I hold jointly with
someone else?
Your choices will apply to everyone on your account – unless you tell us
otherwise.
Definitions
Affiliates Companies related by common ownership or control. They can be
financial and nonfinancial companies.
Our affiliates include companies with a Lennar name; financial
companies such as Eagle Home Mortgage, Eagle Home
Mortgage of California, CalAtlantic Mortgage, Inc., and Rialto
Capital Management; and nonfinancial companies, such as
Lennar Corporation, Lennar Multifamily Companies, Lennar
Commercial, Lennar Homes USA, Lennar Family of Builders,
CalAtlantic Homes, Lennar Sales Corp., SPH Title, Inc.,
Sunstreet Energy Group, Five Point Communities, WCI
Communities, LLC, Watermark Realty Referral, Inc., and WCI
Realty, Inc.
Nonaffiliates Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
Nonaffiliates we share with can include collection agencies, IT
service providers, companies that perform marketing services
on our behalf, and consumer reporting agencies.
Joint marketing A formal agreement between nonaffiliated financial companies that
together market financial products or services to you.
NATG doesn’t jointly market.
The North American Title Group, LLC Family of Companies consists of the following entities:
North American Title Company
North American Title Company, Inc.
North American Title Company of Colorado
North American Title Insurance Company
North American Services, LLC
North American Title Agency, Inc.
CalAtlantic Title, Inc.
CalAtlantic Title of Maryland, Inc.
North American Abstract Agency
NASSA, LLC
North American Title, LLC
North American Advantage Insurance Services, LLC
North American National Title Solutions, LLC
North American Title Agency, LLC
CalAtlantic Title Atlanta, LLC
CalAtlantic Title Charleston, LLC
Printed On: 07/23/2018, 5:20 PM Requester: dk Page: 1
North American Title Company, Inc.
3090 Bristol Street, Suite 190
Costa Mesa, CA 92626
Phone: (949)419-9400 / Fax: (949)251-1766
PR: NATNCA Ofc: 2002 (9628)
Final Invoice
To: E Art Gallery
2721 E Coast HWY suite #104
Corona Del Mar, CA 92625
Invoice No.: 9628 - 200257165
Date: 07/23/2018
Our File No.: 92002-1582129-18
Title Officer: Randy Dean
Escrow Officer:
Customer ID: AD1323880
Attention: Savaanah Gallegos Liability Amounts
Lender 1: $2,500.00
Your Ref.:
RE: Property:
2721 E Coast Highway , Corona Del Mar, CA 92625
Buyers:
Sellers: Jeff Brown
Description of Charge Invoice Amount
(NATIC) Condition of Title $500.00
INVOICE TOTAL $500.00
Comments:
Thank you for your business!
To assure proper credit, please send a copy of this Invoice and Payment to:
Attention: Accounts Receivable Department
711 W. Kimberly Avenue, Suite 200
Placentia, CA 92870