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.
RECIAND J. MERIES RECORDER TH OFICIAL RECONDS OF MIMA FUNITY 100 PM at the request ofele Dale FRe 99629 Decok 78-305 Pa 1126-1138
AGREEMENT
This Agreement is entered into this 2o day of MAY, 19f, by and between TRA Group ("Developer"), and CABLE TV FUND 10-B, a Colorado limited partnership ("Operator").
WHEREAS, in order to provide community antenna television service ("Cable T.V. Service") to the property described on Exhibit A hereto ("The Development"), Operator must provide underground installation in the Development of its equipment and ries, including, without limitation, cable, amplifiers, line extenders, conduit, amplifier housing, power supplies, receivers and modulators (but not earth stations) which are necessary to deliver Cable T.V. Service to and within the Development ("the System"); and
WHEREAS, Developer desires to have Cable T.V. Service made available to the individual single family home dwelling unita comprising the Development (the "Units") and Operator desires to make Cable T.V. Service available to the Units;
NOW, THEREFORE, in consideration of the mutual covenants and other agreements contained herein, and other good and valuable consideration, the receipt. and sufficiency of which is hereby acknowledged, Developer and Operator agree as fol.uws:
1. Grant of Easement. Developer hereby grants and conveys
to Operator a non-exclusive easement and right-of-way under, across and through the Development, together with the right of ingress and egress thereto, for the purpose of constructing underground, installing, maintaining, repairing, enlarging, inspecting, operating, reconstructing and replacing the System, all in accordance with the terms of this Agreement.
2. Installation, Operation and Maintenance. During the terms of this Agreement, Operator shall have the right t nstall, operate and maintain the System on an exclusive basis within the Development. Operator shall be responsible for and determine, with Developer's prior consent, the placement, arrangement and positioning of the System and the construction "schedules for such installation. Operator shall have the right to connect into and utilize any existing conduit or fixtures designed for compatible use, and Developer shall provide Operator with at least seventytwo (72) hours advance notice on all open trenches and necessary pre-wires. Operator shall have access to the Development twentyfour (24) hours a day, seven (7) days a week, and shall give Developer or its agent prior notice of its entry into the Develoment whenever reasonably possible. Operator shall have the right to keep the system free from trees, brush, structures and other obstructions that may endanger the maintenance and operation of the System.
3. Ownership. The System shall be and remain the property of Operator. Developer shall make no use of Operator's equipment
during the term of this Agreement without Operator's prior written consent.
4. Delivery of Service. Operator shall not be obligated to provide Cable T.V. Service to any Unit except as agreed by Operator and such Unit owner or occupant. Cable T.V. Service shall be provided pursuant to separate agreements between Operator and the Unit owners or occupants, which agreement shall govern the contractual relations between those parties for the Cable T.V. Service contemplated thereby. All charges for Cable T.V. Service shall be billed to the Unit owners or occupants pursuant to the agreements between Operator and the Unit owners or occupants. Notwithstanding the foregoing, Operator will pre-wire up to two (2) outlets per Unit for Cable T.V. Service at no cost to Developer or Unit owners or occupants. Operator shall have the right to conduct telephone, mail and door-to-door markeing of the service to the homes.
5. Representations, Warranties, and Indemnification.
(A) Developer represents and warrants to Operator that it is the sole owner of the Development or that it otherwise has the authority to enter into this Agreement. Developer covenants and agrees not to impede or impair Operator's performance under this Agreement.
(B) Operator shall maintain reasonable public liability insurance coverage, and hold Developer harmless from any liability resulting from Operator's negligence. Operatei shall be responsi-
ble for any damages arising from Operator's installation and maintenance, which should be done in a workmanlike manner.
(C) Operator shall not interfere with Develo r's activities or occupy the Development except ?y to install, operate and maintain the System.
(D) Developer and Operator agree to protect, defend, indemnify and hold the other party harmless from any and all actions, causes of action, demands, damzges, claims, losse , costs, liabilities, expenses and attorney's fees arising out of any breach by the indemnifying party of any provision of this Agreement.
6. TERM. This Agreement shall commence upon execution by both parties hereto and shall run until Operator's franchise with Pima County has terminated; provided, however, that Operator may terminate this Agreement upon the giving of six (6) months prior written notice to Developer. Furthermore, if Operator desires to sell the System to a third party, Operator may terminate this Agreement upon the giving of thirty (30) days prior written notice to Developer. Upon termination of this Agreement, Operátor shall remove its equipment and fixtures from the Development as soon thereafter as reasonably possible, unless otherwise agreed to by Developer and Operator.
7. Cavenant Running With The Land. The terms of this Agreement hall be deemed to be a covenant running with the land and shall inure to and be binding upon the successors, assigns,
heirs, and personal representatives of the parties.
8. Entire Agreement: Modification. This Agreement consti- entire Agreement between the parties and aupersedes al1 tutes the agr ements, representations, warranties, statements, promises, and understandings, whether oral or written, with respect to the subject matter thereof. This Agreement may not be amended, altered or modified except by a writing signed by all the parties.
9. Exbibits. Exhibit A to this Agreement is fully incor- porated herein as if set forth at length.
10. Governing Law. This Agreement has been entered into in the State of Arizona, and all questions with respect to this Agreement and the rights and liabilities of the parties hereto shall be governed by the laws of that State.
11. Severability. If any clause or provision of this Agreement, or any application thereof, is illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement or any extension thereof, then, and in that event, it is the intention of the parties that the remainder of this Agreement and any other application of such clause or provision shall not be affected thereby.
12. Captions. The article and section headings appearing in this Agreeme: a:e inserted as a matter of convenience and are for reference purposes only, and in no way control or affect the meaning or construction of any of the provisions hereof.
on
IN WITNESS WBEREOF, the parties have executed this Agreement the day and year first above written.
DEVELOPER:
TRA Group, an Arizona Joint Venture, by R.A. Homes, Inc., a Nevada Corporation, Managing Partner
IT8: hosr Tanga DiNlsion
STATE OF ARIZONA )85: COUNTY OF PIMA
OPERATOR:
CABLE TV FUND 10-B, LTD., a Colorado limited partnership
By: JONES INTERCABLE, INC. a Colorado corporation General Partner
ITS: al Manager
The foregoing instrument was acknowedged pefore, me this 30th day of pril _ 1986 by nihan on behalf of TRA Group, a joint venture.
n
Notary Public
My Commission Expires: 12-30.89
STATE OF ARIZONA COUNTY OF PIMA 88:
The faregoing instrument was acknowledged before ne this Sday of lini , 1986 byik general partner of Cable TV Fund 10-B, ltd., a Colorado limited partnership, on behalf of such limited partnership.
Notáry Public
My Commission Expires:
EXHIBIT A
Lot 1 thru 559 and Block 1 and Common Area "A" of LINDA VISTA ESTATES, per map recorded in Book 38, Page 46 of Maps and Plats, in the office of the Pima County Recorder, Pima County, Arizona.
1132
CUNDED BY:G
DERUTY NELONDER
ADo
TEALD
MN ION & HEL
0 N CENTRAL ETE ENi
MURKISUN & HECKER
2800 North Centrai Avenue Suite 1600 Phoenix, Arizona 8504-1047
Attn: Lawrence C. Petrowski, Esq.
DOCKET: FAGE: NO. OF PAG
SCOUENCE: 417 e0170131
MA AMUHT FAI1
ASSIGNMENT AND ASSUMPTION OF DECLARANT'8 RIGHTS UNDER THE DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS AND EASEMENTS FOR LINDA VISTA ESTATES
This Assignment and Assumption of Declarant Rights under the Declaration of Covenants, Conditions, Restrictions and Easements for CONTINENTAL RANCH (herein called the "Assignment") is dated this 4th day of Notember _, 1992, between R.A. HOMES, INC., an Arizona corporation, formerly a Nevada corporation and CHICAGO TRUST COMPANY, an Arizona corporation formerly known as Pioneer Trust Company of Arizona, as Trustee under Trust No. 11,861 (collectively herein called the "Assignor"), and RESOLUTION TRUST CORPORATION as Receiver for Lincoln Savings and Loan Association, F.A., a federal savings and loan association (herein called the "Assignee").
RECITA L:
Concurrently with the execution of this Assignment, Assignee is being assigned all the right, title and interest of Assignor in the real property described on Exhibit "A" attached hereto (hereinafter called the "Property"). The Property is subject to a Declaration of Covenants, Conditions, Restrictions and Easements for Linda Vista Estates, recorded February 1, 1985 in Docket (7436 Page 781; Amendment thereto, recorded April 22, 1987 in Docket 8019, Page 1861; and Letter Agreement recorded November 23, 1987 in Docket 8167, Page 1976, in the Official Records of Pima County, Arizona (collectively, the "Declaration").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth in this Assignment, Assignor and Assignee agrees as follows:
1. Assignment. Assignor assigns to Assignee all of its rights and obiigations as the Declarant under the Declaration.
2. Assumption. Assignee assumes all of Assignee's rights and obligations as Declarant under the Declaration, accrued as of csfldg.phx Linda Vista
Page 1 of 4
the date this Assignment is recorded in the real property records of Pima County, Arizona.
3. Binding. This Assignment shall be binding upon Assignor and Assignee, and their successors and assigns, and shall inure to the benefit of Assignor and Assignee, and their successors and assigns.
4. Governing Law. This Assignment shall be construed and interpreted in accordance with the laws of the United States of America, and, to the extent the laws of the United States of America do not govern and control, then the laws of the State of Arizona shall govern and control.
ASSIGNOR:
R.A. HOMES, corporation, corporation INC., a formerly California a Nevada
Harola
M. Cole President
CHICAGO TRUST COMPANY, an Arizona corporation as Trustee Under Trust No. 11,861
By:nIts! Trust Officer
csl1dg.phx - Linda Vista
ASSIGNEE:
RESOLUTION TRUST CORPORATION as Receiver for Lincoln Savings and Loan Association, F.A., a federal savings and loan association
By: MulC leer
Print Name: Richard S. Blewct Title: Authurizal Represntative
Page 2 of 4
STATE OF ARZONA
COUNTY OF MARICORA ) ss:
The foregoing instrument was acknowledged before me this tth day of november, 1992, by Harold M. Cole, the President of R.A. HOMES, INC., an Arizona corporation, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument, and that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer.
IN WITNESS WHEREOF, I hereunto set n hand and Epae Oten
Notary Public official eal.
My Commission Expires: July7, 1995
STATE OF Aizona Ss:
COUNTY OF Pima
The foregoing instrument was acknowledged before me this 3rd day of November, 1992, by Lyndell D. Taylor the Trust Officer of CHICAGO TRUST COMPANY, an Arizona corporation as Trustee Under Trust No. 11,861, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrum nt, and that he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation as trustee, by himself as such officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: OFFICIAL
STATE OF ARIZONA ) ) ss:
COUNTY OF MARICOPA
The foregoing instrument was ackpowledged before maithis loth day of Novemner 1992, by KichARDC. BeweT asAuthurized Represertative for and on behali of the Resolution Trust' Corporation as Receiver of Lincoln Savings and Loan Association, F.A., a federal savings and loan association, as such officer.
Notary Public
y Roken
My Commission Expires: July 7, 1995
EXHIBIT "A
Parcel 1:
Lots 223 through 228; 386 through 388; 410 through 412; 414 through 421; 427 through 431; 472 through 477; 479 through 483; 485; 490 through 504; 518; 560 through 562, of LINDA VISTA ESTATES, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 41, of Maps, Page 18.
Parcel 2:
Lots 378 through 383; 389 through 394; 404; 405; 407 through 409 and 563, of LINDA VISTA ESTATES II, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 41, of Maps, Page 44.
csf1dg.phx - Linda Vista