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5622 E. Presidio Road

Page 1


WIRE FRAUD ALERT THINK DIFFERENTLY

Email-based, real estate fraud schemes are on the rise. One common scenario is altering wiring instructions with the intention of rerouting funds.

Keeping this in mind, First American Title is changing the way we receive payment information. It is imperative that we are familiar with the people in our transactions.

RELYING ON EMAIL ALONE IS NO LONGER AN OPTION.

Fraudsters often use email to send falsified wire instructions to unsuspecting victims. Please warn your buyers and sellers to only follow wire instructions they receive personally from First American Title.

Additionally, we will not accept disbursement instructions for seller or buyer funds via email OR from any third party (attorney, real estate agent, etc).

ALTERNATIVE INSTRUCTIONS?

If your buyer or seller receives alternative wiring instructions that appear to be from First American Title, make sure they contact their escrow officer at a trusted phone number for confirmation.

Know that our wiring instructions do not change so any communication is suspect. Our banking institution is First American Trust.

IN SHORT – wire instructions will not be accepted by email. New wire instructions must be hand-carried or uploaded to the First American Secure Portal.

Thank you for joining First American Title in fostering a secure real estate transaction process. Have questions or concerns? Please contact our office or your escrow officer.

LIMITATION OF LIABILITY FOR INFORMATIONAL REPORTS

IMPORTANT -- PLEASE READ CAREFULLY:

This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance commitment or preliminary report, or any form of Title Insurance or Guaranty. This report is issued exclusively for the benefit of the Applicant therefor and may not be used or relied upon by any other person. This report may not be reproduced in any manner without First Americans prior written consent. First American does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind, as-is, and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that First Americans sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that First American would not have issued this report but for the limitation of liability described above. First American makes no representation or warranty as to the legality or propriety of recipient's use of the information herein.

Toe re to corhily thad the surey and an APPROVALE

HEATHERWOOD

TOWHSHIP S NORTH RANGE & EAST OF THN OFTHE NORTNHEST OF SECTION

MERIDIAN, MARIC THE KKNOWIEDGMENTCENOMLEDGHENT COUNTY OF MAD/ 33 On Hlus, The I duy alRY 197 tore me the onacrspusd fficer, parssnatty whe octrewtapee hmselr he rust arheer ut the SLIE Company of Arisone, an Arizone carporolion, and thal te as sad off icer beg duly puthurnted to o s, erecurnd me foregoing mairumenl tor ihe purseses therare conloined by soguing the mame of the corperatron, as truwet, t um o sond acarn

Pubne oalis

Hoiory

y of EsmRpony of Arteene,e er sh BASIS OF BEARING The besrina MoorOsE of e cender line of ss showe an ion an Sanswrst karms Eas! an recorsed in hook 133, Page 5, of Maricone County Records was hoten as

Mhen

02-R MISC.

DECLARATION OF RESTRICTIONS 41173

KNON ALL MEN BY THESE PRESENTS:

That USLI E TITLE COMPANY of Arisona, an Arisona corporation, as Trustce, being the owner of the following escribed premiset situsted in the County of Maricopa, State of Arisons, to-wit:

Lots 1 to 44 inclusive, Neatherwood I, according to the plat of record in the office of the Maricopa County Recorder, Arisona, in Book 144 of Maps, Page 29 thereof:

and desiring to establish the nature of the use and enjoyment thereo? does hereby declare said real property subject to the folloving restrictive covenants as to the use and enjoyment thereof, all of which are and shall be construed as restrictive covenants running with the title to said prenises, and with each and lot, and parcel thereof, to-wit: every

1. A1l of said lots in said HEATHERWOOD I. shall be knovn and described as single-family residential lots.

2. A11 structurcs on said lots shall be of new construction no buildings shall be moved from any oether location onto any of said lots. and

3. No garage or other building whatsoever shall be erected on any of said residential lots until a dwelling house shall have been erected or until a contract with a reliable and responsible contractor shall have been entered into for the construction of a dwelling which shall comply with the restrictions as herein con- tained. Prior to the erection or after the erection of such dwelling house, no detached garage or other outbuilding shell be used for residential purposes.

4. No structure shall be erected, altered or permitted to remain on any of said residential lots other than one detached single-family dwelling and a private garage or carport. No house trailer shall be permitted on any lot for more than five (5) days for any purpose, other than contractors temporary constrection trailer.

5. No single-fanily dwelling shall be erected upon any of said lots unless the dwelling contains at least 900 square feet of floor space, exclusive of carports, exterior storage. porches and pergolas. All buildings shall be of brick, cement block or other subetantisl masonary construction or insulated fr me construction.

6. Rasements for installation and maintenance of utilities and drainsge facilities are reserved as shown on the recorded plat. within these easements, no structure, planting or other msterisl shall be placed or permitted to remain which may damage or interiere with the installation and maintenance of utilities o2 which msy change direction of flow of drainage channels in the casements. The essement ares of oach lot and all improvements in

it

shall be maintained continuously by the owner of the lot, except those improvements for which a public authority or utility company is responsible.

7. No noxious or offer ive activity shall be carried on upon lot, nor shall anything be done thereon which may become an annoyance or auisance to the neighborhood. any

. No billboards or advertising signs of any character shall be erected, placed, permitted or maintained on any lot or on any building erected thereon, other than one sign not larger than 12 by 18" indicating that the property is for sale or for rent, with wording limited to "For Sale", or "For Rent", and the name, address, and telephone number of the owner or agent and the words "Inquire Within": provided, hovever, that the subdividere and their agents my erect and maintain signs advertising for sale the lots in said subdivision.

9. No dwelling unit shall be erected or placed on any lot having an area of less than fourteen thousand (14,000) square feet.

10. All building set-backs shallform to City of Phoenix requirements.

11. No solid wall or fence over three (3) feet high shall shel}.be be constructed or msintained nearer to the front street line of said lots than a distance of ten (10) feet and in the case no reeidence has been constructed on said lots, no solid wall or no fence over four {4) feet in height shall be constructed or maintsined closer than ten t1a) Eret to the front line of said lots. No side or rear fence and no side or rear wall, sther than the wall of the building constructed on said lots shall be more than six (6) feet in height. However, the prevailing city regulations shall take precedence over these restrictions, but only if they are more restrictive. Any material used for fencing, dividing or defining said lots must be erected in a workmanship-like manner of new material only. All fences shall be maintained in good condition and repair. All work performed on the construction of fences must be completed within a reasonable time. Rences shall be kept in good repair, and upon being wholly or partially damaged, fences shall either be totally removed or returned to original condition.

12. No livestock or poultry shall be kept on any of said lots, and no store, office or other place of business of any kind, and no hospital, sanitarius, or other place for the care or treatment of the sick or disabled, physically or mentally, nor any theater, saloon or other place of entertainment shall be erected or permitted upon any of said lots, or any part thereof, and no business of any kind or character whatsoever shall be conducted in or fron any residence on said lors.

13. No prefabricated building or structure of any nature whatsoever, permanent or temporary, shall be moved upon, plsced or assenbled or othervise maintained on any lots in this subdivision with the exception of temporary tract sales office or construction office trailer or tool shed, saw sheds, and lumber shed, which shall be removed at the completion of construction within the subdivision.

14. Nothing in these restrictions shall prevent the use of lots in HEATHERWOOD I, for a construction yard, terporary offices and/or model home purposes and/or mill purposes for the building of homes in the subdivision (provided, however, that such use shail mot extend

beyond completion of construction on all lots).

Deeds of conveyance of said property, or any part thereof, may contain the above restrictive covenanta by reference to this docment, but whether or not such reference is made in such deeds or any part thereof, each and all of such restrictive covenants sha11 be valid and binding upon the respective grantees. Violatore of any one or more of such covenants may be restrained by any court of competent jurisdiction and damages awarded against such violatore, provided, however, that a violation of these restrictive covenants or any one or more of them shall not affect the lien of any mortgage now of record or which hereafter may be placed on' on record upon lot or any part thereof. said

15. Garbage cans must not be allowed to remain in view of the roadways or neighbors.

No garbage, trash, or other waste materials shall be burned any of said lots. Any animal wastes must be disposed of in accordance with county regulations. on

No windows may be covered with aluminum foil, or any other highly reflective substance.

No automobiles or other mechanical equipment may be dismantled or allowed to accumulate on any of said lots.

It is expressly understood and agreed that the said HEATHERWOOD I has been platted and laid out as a choice and attrective residential district, and that these covenants and restrictions are made for the benefit of the lots herein described and are to run with the land. and shall inure to the benefit of and be binding on all parties or persons ciaiming under them until January 1. 2000. at which tine such covenants shall be automstically extended for successive periods 03 ten (10) years each, unless by a majority vote of the then individual property ovners it is agreed to change the said covenants in whole or in part.

If any person shall violste or attempt to violate any of the covenants or restrictions herein before January 1, 2000, or such eime later as may be set up by the provisions of the paragraphs precediny this one, it shall be lawful for any other person or persons ovning any other lots in said development or subdivision.to prosecute any preceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and either to prevent him or them from so doing or to recover damages or other dues for such violation.

Invalidecion of any of the covenants or restrictions by judgment or caurt order shall in no way affect any of the other provisions wiic shall remsin in full force and effect.

IN WITNESS WHEREOP, USLIFE TITLE COMPANY of Arisona, an Arizona corporation, as Trustee, has hereunto caused its name to be signed by the dersigned officer thereunto duly suthorized this dsy ebruary, 1972. of

USLIFE TITLE COMPANY of Arisona, an Arizona corporation, as Trustes

STATE OF ARISO A

County of Maricop

sefore me thisday of Rebruary, 1972, personally appeared _who acknowledged himself to be the frust OrficeF of USLIFE TITLE COMPANY "A Arisons corporation, and that he, as such officer, being authorised so to do, executed the foregoing instrument for the purposes thereia contsined by signing the name of the corporation as Trustee, by himself as such officer.

Notary Public

My.Comission expiress 19.1975

STATE OF ARZCMA Couaty of Manwre I herety rer! ty Bat the in insrmeni wes tin ad corded most FE L COSTANT OF A ALLS.2-800 . Dutted9252 en e

Stat they a yatarstand RA County Racsple

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