HomeMy WebLinkAbout2019-001 East Main Documents
American Land Title Association ALTA Settlement Statement - Buyer
Adopted 05-01-2015
File No.: 7162-3128163 First American Title Insurance Company
Printed: 12/04/2018, 9:32 AM
Officer/Escrow Officer: Julie Schamanek/JS 370 Lithia Way • Ashland, OR 97520 First American
Settlement Location: Phone: (541)488-6840 Fax: (866)391-8367
370 Lithia Way, Ashland, OR 97520 Estimated Settlement Statement
Property Address: E. Main ST, Ashland, OR 97520
Buyer: The City of Ashland, A Municipal Corporation
Seller: Fain Shaffer; Bonnie Shaffer
Lender:
Settlement Date: 12/05/2018
Disbursement Date:
Buyer
Description Debit Credit
Financial
Sale Price 1,000,000.00
Deposit: Receipt No. 716215434 on 09/20/2018 by City of Ashland 5,000.00
Deposit: Receipt No. 716215657 on 11/21/2018 by The City of Ashland, A Municipal Corporation 10,000.00
Prorations/Adjustments
County Taxes 11/16/18 to 07/01/19 @$1,124.60/yr 699.41
Talent Irrigation 10/01/18 to 11/16/18 @$398.40/yr 50.21
Refundable Deposit by buyer 75.00
Title Charges & Escrow / Settlement Charges
E-recording Fee to First American Title Insurance Company 5.00
Escrow/Closing Fee to First American Title Insurance Company 1,225.00
Government Recording and Transfer Charges
Record Warranty Deed-First to Jackson County Recorder 114.00
Miscellaneous
Reimburse Appraisal to Bonnie Shaffer 1,250.00
Invoce 45-2018 to Mark Baird C.R.E.A 500.00
Invoice to Samuels Yoelin Kantor LLP 1,954.00
Subtotals 1,005,822.41 15,050.21
Due From Buyer 990,772.20
Totals 1,005,822.41 1,005,822.41
Our wire instructions do not change. If you receive an email or other communication that appears to be from us and
contains revised wiring instructions, you should consider it suspect and you must call our office at an independently
verified phone number. Do not inquire with the sender.
Copyright 2015 American Land Title Association. File # 7162-3128163
All rights reserved Page 1 of 2 Printed on 12/04/2018 at 9:32 AM
Acknowledgement
We/I have carefully reviewed the Estimated ALTA Settlement Statement and find it to be a true and accurate
statement of all receipts and disbursements to be made on my account or by me in this transaction and further certify
that I have received a copy of the Estimated ALTA Settlement Statement. This Estimated Settlement Statement is
subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. We/I
authorize First American Title Insurance Company to cause the funds to be disbursed in accordance with the Final
ALTA Settlement Statement to be provided to me/us at closing.
Buyer(s):
The City of Ashland, A Municipal Corporation
By:
Name: Kelly Madding
Title: City Administrator
Copyright 2015 American Land Title Association. File # 7162-3128163
All rights reserved Page 2 of 2 Printed on 12/04/2018 at 9:32 AM
Acknowledgement
We/I have carefully reviewed the Estimated ALTA Settlement Statement and find it to be a true and accurate
statement of all receipts and disbursements to be made on my account or by me in this transaction and further certify
that I have received a copy of the Estimated ALTA Settlement Statement. This Estimated Settlement Statement is
subject to changes, corrections or additions at the time of final computation of Escrow Settlement Statement. We/I
authorize First American Title Insurance Company to cause the funds to be disbursed in accordance with the Final
ALTA Settlement Statement to be provided to me/us at closing.
Buyer(s):
The City of Ashland, A Municipal Corporation
By: a'uit
Name: Kelly Madding
Title: City Administrator
Copyright 2015 American Land Title Association. File # 7162-3128163
All rights reserved Page 2 of 2 Printed on 12/04/2018 at 9:27 AM
APPROVED BY
=Samuels%elin
Attornevs At Law
I.D.#93-0518558 PLEASE RETURN REMITTANCE
503/226-2 I I1 SW 5th Avenue, Suite 3800 COPY OF STATEMENT TO
FAX:5031222-29 2937 Portland, OR 97204 ENSURE PROPER CREDIT
Page: 2
Client 85157
November 30, 2018
Bonnie Shaffer Client 85157 VHS
1971 Dead Indian Memorial Road Invoice 206890
Ashland, OR 97520 Billed through: November 30, 2018
Balance from Prior Invoice:
Payments Since Last Invoice: 0.00
Balance Forward:
Shaffer, Bonnie
85157-00001 Tax Advising -1
PROFESSIONAL SERVICES
11/13/2018 DNG Review and respond to Bonnie Shaffer re Addendum. 0.15 54.00
11/14/2018 REC Read email from Noriko Hansen, verify treasury regulations 0.60 120.00
requirements, draft email response to Denise Gorrell and Valerie
Sasaki. Discuss with Denise and update forms with new dates.
11/14/2018 DNG Continue working on Addendum due to delayed Closing; confer 1.05 378.00
with Ms. Hansen re same.
11/15/2018 DNG Review Addendum 3; draft email to Ms. Hansen re proposed 0.45 162.00
revisions.
11/16/2018 DNG Review and respond to client re dispersal of earnest money; leave 0.30 N/C
voicemail with escrow officer re same.
11/28/2018 REC Read Denise Gorrell's email, review current documents, update as 1,05 210.00
needed, email response regarding next steps.
11/29/2018 REC Read and respond to emails from client and Denise Gorrell. Review 2.15 430.00
escrow instruction addendum, verify sales addendum, update
documents.
11/29/2018 DNG Review and respond to client re appraisal and revised escrow 0.45 162.00
instructions due to delayed closing; advise R. Connolly re
revisions to escrow instructions and Closing documents.
11/29/2018 VHS Review and reply to emails related to delayed closing; office 0.40 150.00
conference Rose Connolly re delayed closing.
11/29/2018 DNG Review Closing Documents. 0.30 108.00
11/30/2018 REC Phone calls with Julie Schamanek at First American Title. Email 0.90 180.00
Denise regarding next steps. Err ail client an update.
Subtotal Hours: 7.80
Subtotal Fees: 1,954.00
REC Rose E. Connolly 4.70 hours at $200.00 per hour 940.00
DNG Denise N. Gorrell 2.70 hours at $360.00 per hour 864.00
VHS Valerie H. Sasaki 0.40 hours at $375.00 per hour 150.00
Total hours: 7.80
Ending Trust Balance:
PLEASE DISREGARD PREVIOUS BALANCE IF REMITTANCE HAS BEEN MADE. THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE AND FILING FEES, FOR WHICH WE HAVE
NOT YET BEEN BILLED. A LATE PAYMENT CHARGE WILL BE ADDED TO ALL ACCOUNTS IF PAYMENT 15 NOT RECEIVED BY THE 23RD OF THE MONTH AT THE RATE OF 1 1/2% PER MONTH.
STATEMENT REFLECTS PAYMENTS RECEIVED AND SERVICE RENDERED THROUGH THE 23RD OF THE PRIOR MONTH.
Mark Baird, C.R.E.A / Oregon State Certified General Appraiser
Real Property Appraisal and Consultation
P.O. Box 1068, Gold Hill, OR 97525
Phone 541-770-2769 Fax 541-855-8633
November 28, 2018
Ms. Bonnie Shaffer
1971 Dead Indian Memorial Road
Ashland, OR 97520
I
Re: 0. E. Main Street
39-1E-11CB/200
Ashland, Oregon 97520
Taxpayer Identification Number :93-1104739
UGB Subdivision Land Update Report: 39-1E-11CB/Tax Lot 200
-0- E. Main Street
Ashland, OR 97520
Baird file# 45-2018 $500
Amount owed by Client $500
AMOUNT DUE: $500
See Time Log Attached
MAKE CHECKS PAYABLE TO MARK BAIRD
Please enclose a copy of the statement with your payment.
TERMS: Balance due upon completion. A finance charge of 1.5% per month
(19.56% APR) will be charged on all past due accounts.
APPROVED BY
• ~ • , First American Title Insurance Company
370 Lithia Way
First American Ashland, OR 97520
• (541)488-6840
Fax - (866)391-8367
Re Not Yet Assigned, Ashland, OR 97520 File No.: 7162-3128163 (7S)
("Property")
PROCEEDS/FUNDS DISBURSEMENT INSTRUCTIONS
The undersigned directs that the proceeds/funds due will be disbursed in the following manner:
[ ] Held for pick up at this office (ID will be required)
[ ] Sent via overnight delivery OR [ ] Sent via regular mail
Mailing Address:
[ ] Other:
[ ] Sent via wire transfer (if checked, Attach wiring instructions of receiving bank or fill in below. With
cyber fraud on the increase, we suggest you mail, use an overnight service or hand-deliver any
items containing banking or other private information and not send via email.)
Bank Name FEDWIRE Routing No.
Name on Account Account No.
Any further instructions:
NOTE THIS ONLYAPPLIESIFFUNDS ARE WIRED; By signing below, I/We hereby authorize First American
Title Insurance Company (First American) to obtain a consumer report about me/us to validate our identities and
the information we submit in connection with this transaction. This authorization terminates the earlier of: (i) the
conclusion of the transaction, including the successful transfer of funds to the intended recipients; or (2) 180
days from the date this authorization is provided. If the authorization given is received via e-mail, my/our typed
name(s) below represents said signature and authorization and is intended by me/us to be valid in original, faxed,
copied, or electronic form.
MUST SIGN HERE TO AUTHORIZE DISBURSEMENTS AS SELECTED ABOVE.
The City of Ashland, A Municipal Corporation, a(n)
Key Madding
City Administrator
Date: ~Z 4 Best Phone No:
a(n)
Date: Best Phone No:
} r FirstAlmerican Title Insurance Company
First American 1225 Crater Lake Avenue, Suite 101
a Medford, OR 97504
Yom.
Phn -(541)779-7250
Fax -(866)400-2250
APPROVED`
Order No.: 7162-3128163 M.~
September 21, 2018
FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT:
JULIE SCHAMANEK, Escrow Officer/Closer
Phone: (541)488-6840 - Fax: (866)391-8367- Email:jschamanek@firstam.com
First American Title Insurance Company
370 Lithia Way, Ashland, OR 97520
FOR ALL QUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT:
Mark Hegel, Title Officer
Phone: (541)779-7250 - Email: mfliegel@firstam.com
2nd Revised Preliminary Title Report
Situs Address as disclosed on Jackson County Tax Roll:
Not Yet Assigned, Ashland, OR 97520
2006 ALTA Owners Standard Coverage Liability $ 1,000,000.00 Premium $ 2,100.00
2006 ALTA Owners Extended Coverage Liability $ Premium $
2006 ALTA Lenders Standard Coverage Liability $ Premium $
2006 ALTA Lenders Extended Coverage Liability $ Premium $
Endorsement Premium $
Govt Service Charge Cost $ 60.00
Other Cost $
We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a
Nebraska Corporation in the form and amount shown above, insuring title to the following described land:
The land referred to in this report is described in Exhibit A attached hereto.
and as of September 06, 2018 at 8:00 a.m., title to the fee simple estate is vested in:
Fain Shaffer and Bonnie Shaffer, as tenants in common
Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and
the following:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records; proceedings
by a public agency which may result in taxes or assessments, or notices of such proceedings,
whether or not shown by the records of such agency or by the public records.
This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a
title insurance policy and shall become void unless a policy is issued, and the full premium paid.
Preliminary Report Order No.: 7162-3128163
Page 2 of 7
2. Facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in
patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of
existing improvements located on adjoining land onto the subject land), encumbrance, violation,
variation, or adverse circumstance affecting the title that would be disclosed by an accurate and
complete land survey of the subject land.
5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation
heretofore or hereafter furnished, imposed by law and not shown by the public records.
The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently
issued Standard Coverage Title Insurance Policy.
In order to remove these exceptions to coverage in the issuance of an Extended Coverage
Policy the following items are required to be furnished to the Company; additional
exceptions to coverage may be added upon review of such information:
A. Survey or alternative acceptable to the company
B. Affidavit regarding possession
C. Proof that there is no new construction or remodeling of any improvement
located on the premises. In the event of new construction or remodeling the
following is required:
i. Satisfactory evidence that no construction liens will be filed; or
ii. Adequate security to protect against actual or potential construction
liens;
iii. Payment of additional premiums as required by the Industry Rate Filing
approved by the Insurance Division of the State of Oregon
Water rights, claims to water or title to water, whether or not such rights are a matter of public
record.
`7} Taxes for the fiscal year 2018-2019 a lien due, but not yet payable.
U The herein described property has been disqualified from special assessment as farm use land and is
currently assessed at true cash (market) value. ORS 308A.083 et seq. provides that if the property is
converted to a use inconsistent with its return to farm purposes, potential tax in the amount of
$4,061.97 will become due and payable.
(9Nl The premises herein described are within and subject to the statutory powers of the Rogue Valley
Sewer Services.
10.5 These premises are situated in the Talent Irrigation District, and subject to the levies and
assessments thereof, water and irrigation rights, easements for ditches and canals and regulations
concerning the same.
The rights of the public in and to that portion of the premises herein described lying within the limits
of streets, roads and highways.
- END OF EXCEPTIONS -
Note: Revised to update exception 8.
First American Title
Preliminary Report Order No.: 7162-3128163
Page 3 of 7
NOTE: We find no judgments or United States Internal Revenue liens against City of Ashland
NOTE: Taxes for the year 2017-2018 PAID IN FULL
Tax Amount: $1,117.96
Map No.: 391E11CB 200
Property ID: 1-011494-6
Tax Code No.: 5-08
NOTE: According to the public record, the following deed(s) affecting the property herein described have
been recorded within 24 months of the effective date of this report: NONE
THANK YOU FOR CHOOSING FIRST AMERICAN TITLE!
WE KNOW YOU HAVE A CHOICE!
MARK FLIEGEL
TITLE OFFICER
mfliegel@firstam.com
RECORDING INFORMATION
As of June 4, 2018 Jackson County recording fees are as follows:
Recording Fees: $ 99.00 All Deeds 1st page
$ 5.00 All Deeds for each additional page
$ 108.00 All Other Document Types
$ 5.00 All Other Document Types for each additional page
Additional Fees will be imposed by the County Clerk of a document presented for recording fails to meet the
,requirements established b ORS Chapter 205,
cc: Noriko Hansen, Windermere Van Vleet & Associates Inc
375 Lithia WAY, Ashland, OR 97520
cc: Eric Poole, Full Circle Real Estate
240 E Main Street, Ashland, OR 97520
First American Title
Preliminary Report Order No.; 7162-3128163
Page 4 of 7
`asY ,,»Enr~.
First American Title Insurance Company
SCHEDULE OF EXCLUSIONS FROM COVERAGE
ALTA LOAN POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage,
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the
state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage
and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the
Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).
ALTA OWNER'S POLICY (06/17/06)
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Polity, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, Is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
SCHEDULE OF STANDARD EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the Issuance thereof;
water rights, claims or title to water.
4. Any encroachment (of existing improvements located on the subject land onto adjoining land or of existing improvements
located on adjoining land onto the subject land), encumbrance, violation, variation, or adverse circumstance affecting the title
that would be disclosed by an accurate and complete land survey of the subject land.
5. Any lien" or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter
furnished, imposed by law and not shown by the public records.
NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON REQUEST TI 149 Rev. 7-22-08
First American Title
Preliminary Report Order No.: 7162-3128163
Page 5 of 7
cc/~ .
RrstArnerican Title
Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do
with such
information - particularly any personal or financial Information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore,
together with our
subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal Information.
Applicability
This Privacy Policy governs our use of the Information that you provide to us. It does not govern the manner In which we may use information we have obtained from any other source,
such as
Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal Information regardless
of its source.
First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect include:
• Information we receive from you on applications, forms and In other communications to us, whether In writing, In person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your Information to
nonaffiliated parties
except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law, We may, however, store such information Indefinitely, Including
the period
after which any customer relationship has ceased. Such information may be used for any Internal purpose, such as quality control efforts or customer analysis. We may also provide
all of the types of
nonpublic personal Information listed above to one or more of our affiliated companies. Such affiliated companies Include financial service providers, such as title Insurers, property
and casualty
insurers, and trust and investment advisory companies, or companies Involved in real estate services, such as appraisal companies, home warranty companies and escrow companies.
Furthermore,
we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to
other financial
Institutions with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even If you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal Information about you to those
Individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
Information will be
handled responsibly and In accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards
that comply with
federal regulations to guard your nonpublic personal Information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy Issues on the Internet. We believe it Is Important you know how we treat the information about you we receive on the
Internet.
In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web
servers collect the
domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information.
First
American uses this Information to measure the use of our site and to develop Ideas to Improve the content of our site.
There are times, however, when we may need Information from you, such as your name and email address. When information Is needed, we will use our best efforts to let you know at
the time of
collection how we will use the personal Information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to
access specific
account/profile information. If you choose to share any personal information with us, we will only use It in accordance with the policies outlined above.
Business Relationships
First American Financial corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and
respect for privacy, we are
not responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie Is an element of
data that a Web site
can send to your browser, which may then store the cookie on your hard drive.
FlrstAm.com uses stored cookles. The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful
and
productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy In all our businesses. We only offer products and services that assure a favorable balance between consumer benefits
and consumer
privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open
public record
and emphasize Its Importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer In our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct Inaccurate
Information.
When, as with the public record, we cannot correct Inaccurate information, we will take all reasonable steps to assist consumers In Identifying the source of the erroneous data
so that the consumer
can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our Industry about the importance of consumer privacy. We will instruct our
employees on
our fair information values and on the responsible collection and use of data. We will encourage others in our Industry to collect and use information In a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)
firstAmerican Title
Preliminary Report Order No.; 7162-3128163
Page 6 of 7
Exhibit "A"
Real property in the County of Jackson, State of Oregon, described as follows:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 39 SOUTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, JACKSON
COUNTY, OREGON, WHICH POINT BEARS 29.85 CHAINS NORTH OF THE SOUTHEAST CORNER
THEREOF; THENCE NORTH ALONG THE EAST LINE THEREOF, 630.48 FEET TO THE SOUTHERLY LINE
OF THE EAST MAIN STREET; THENCE ALONG SAID STREET, NORTH 831 45' WEST 138.82 FEET TO THE
TRUE POINT OF BEGINNING; THENCE SOUTH, PARALLEL WITH THE EAST LINE OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION, 645.31 FEET TO THE SOUTH LINE OF LAND DESCRIBED
IN VOLUME 348, PAGE 345, JACKSON COUNTY, OREGON, DEED RECORDS; THENCE NORTH 891 53'
WEST, ALONG THE SOUTH LINE OF SAID PREMISES, 360 FEET; THENCE NORTH PARALLEL TO AND 150
FEET DISTANT FROM THE EAST LINE OF CLAY STREET, A DISTANCE OF 683.90 FEET TO THE
SOUTHERLY LINE OF EAST MAIN STREET; THENCE SOUTH 831 45' EAST, 362.16 FEET TO THE TRUE
POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF PROPERTY LYING NORTH OF THE
BOUNDARY LINE DESCRIBED IN BOUNDARY LINE AGREEMENT RECORDED October 22, 2003 AS NO. 03-
72760, OFFICIAL RECORDS, JACKSON COUNTY, OREGON. EXCEPTING THEREFROM THAT PORTION OF
PROPERTY LYING SOUTH OF THE BOUNDARY LINE DESCRIBED IN BOUNDARY LINE AGREEMENT
RECORDED OCTOBER 22, 2003 AS NO. 03-72760, OFFICIAL RECORDS, JACKSON COUNTY, OREGON.
NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 1, 2008.
First American Title
SEE MAP 39'1 E I I
Ceef Msbuwzone
10 ME COW OLC IS
MAIN
>o 300Ac STREET
M APPROX.
0.33
OA 69432W J°21a r 16 COR.
1
I 200
'
5.52 Ac at
! b5 M&
100
2.03 AC
4Ja00ac \
o. \
130 AUL
500
0.34 Ac .44$ P•e
I eO MA ~ it .
1600
O.J4 Ac
150
700
I 0,34 AC .
1
! 8..10101A,
~ $ a
CS-20715 _ V
ca COI +
Viso I'ma
ISO
I 1600
0.34 Ac ~
I k Lo
SW COB. VOL. 7% P. te+ 1 - N
I _ MISC. Neconos S4 V wa P 11
ro voL.mP.p°
_`t5v NO
/
036
% o 01 AC SrAEET 0ABBOTT 10312AC 9 1 0 .21 AC
% P.
/ PLUG u05-0a-OOE ]/a]+ OPEN PACE `JJ a••YN OP[116PAG80
]].50 16.50 r,)
71006 1005 pp41 2"
E (~C c nc osAO 0
02 1038
0.05Ac 0 OS 1001
3
A 00 TOWNSHIP RANGE _ :ECT10N .0 o.osA 0.05AC 1000 y 0.09AC ,R / -
a $ 8 W 3 0.05AC £ OPBSPACE ]
28 29
NJ l 7 j
THIS MAP IS FOR LOCATION PURPOSES ONLY 8 a ]2250 57]3132
I 1 019 1020 = U,47 250 2175 n e° u+i .
NO LIABILITY IS ASSUMED FOR VARIATIONS 05Ac 0 OSAc E , 1021 10221M1024 ,N 1037 "
DISCLOSED BY SURVEY OR COUNTY RECORDS > " o osAC o.osac o.oSA a
C/) 0.05AC 0.17 Ac R
I FIRST AMMCAN TITLE
i eau
31 5610 ~aso 9 8 36 3 35 34 $ /1
33 r 8
Donee Acknowledgment Pursuant to Internal Revenue Code Section 170(f)(8)
The City of Ashland acknowledges receipt of the 5.52 acre parcel of land located at 0
East Main Street, Ashland, Oregon 97520 (Map Lot / Tax Lot 1-114946 / 200) contributed by
Bonnie and Fain Shaffer. The City of Ashland did not provide any goods or services in
consideration, in whole or in part, for this property.
Signed this day of November, 2018
Name:
Title:
85157-00001:8962u1
$283 Noncash Charitable Contributions OMB No. 1545-0908
Form
(Rev. December 2014) ► Attach to your tax return if you claimed a total deduction
of over $500 for all contributed property. Attachment
Department of the Treasury Sequence No. 155
Internal Revenue Service ► Information about Form 8283 and its separate instructions is at www.irs.gov/form8283.
Name(s) shown on your income tax return Identifying number
FAIN SHAFFER
Note. Figure the amount of your contribution deduction before completing this form. See your tax return instructions.
Section A. Donated Property of $5,000 or Less and Publicly Traded Securities-List in this section only items (or
groups of similar items) for which you claimed a deduction of $5,000 or less. Also list publicly traded
securities even if the deduction is more than $5,000 (see instructions).
Information on Donated Property-If you need more space, attach a statement.
(b) If donated property is a vehicle (see instructions), (c) Description of donated property
(a) Name and address of the (For a vehicle, enter the year, make, model, and
1 donee organization check the box. Also enter the vehicle identification number (unless Form 1098-C is attached). m For securities, enter the company name and
.
the number of shares.)
A FT I El
B ❑
C ❑
D ❑
E ❑
Note. If the amount you claimed as a deduction for an item is $500 or less, you do not have to complete columns (e), (f), and (g).
(d) Date of the (e) Date acquired (f) How acquired (g) Donor's cost (h) Fair market value (1) Method used to determine
contribution by donor (mo., yr.) by donor or adjusted basis (see instructions) the fair market value
A
B
C
D
E
Partial Interests and Restricted Use Property-Complete lines 2a through 2e if you gave less than an
entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a
contribution listed in Part I; also attach the required statement (see instructions).
2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest ►
If Part II applies to more than one property, attach a separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ►
(2) For any prior tax years ►
c Name and address of each organization to which any such contribution was made in a prior year (complete only if different
from the donee organization above):
Name of charitable organization (donee)
Address (number, street, and room or suite no.)
City or town, state, and ZIP code
d For tangible property, enter the place where the property is located or kept ►
e Name of any person, other than the donee organization, having actual possession of the property ►
3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
b Did you give to anyone (other than the donee organization or another organization participating with the donee
organization in cooperative fundraising) the right to the income from the donated property or to the possession of
the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to
designate the person having such income, possession, or right to acquire? . . . . . . . . . . . . .
c Is there a restriction limiting the donated property for a particular use? . . . . . . . . . .
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 62299) Form 8283 (Rev. 12-2014)
Form 8283 (Rev. 12-2014) Page 2
Name(s) shown on your income tax return Identifying number
FAIN SHAFFER
Section Q. Donated Property Over $5,000 (Except Publicly Traded Securities) -Complete this section for one item (or one group of
similar items) for which you claimed a deduction of more than $5,000 per item or group (except contributions of publicly
traded securities reported in Section A). Provide a separate form for each property donated unless it is part of a group of
similar items. An appraisal is generally required for property listed in Section B. See instructions.
Information on Donated Property-To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
a ❑ Art' (contribution of $20,000 or more) d ❑ Art" (contribution of less than $20,000) g ❑ Collectibles" j ❑ Other
b ❑ Qualified Conservation Contribution e 0 Other Real Estate h ❑ Intellectual Property
C ❑ Equipment f ❑ Securities i ❑ Vehicles
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and
other similar objects.
"Collectibles include coins, stamps, books, gerns, jewelry, sports memorabilia, dolls, etc., but not art as defined above.
Note. In certain cases, you must attach a qualified appraisal of the property. See instructions.
5 (a) Description of donated property (if you need (b) If tangible property was donated, give a brief summary of the overall (c) Appraised fair
more space, attach a separate statement) physical condition of the property at the time of the gift market value
A SEE ATTACHED STATEMENT SEE ATTACHED STATEMENT 890,000 00
B
C
D
(d) Date acquired (e) How acquired by donor (f) Donor's cost or (g) For bargain sales, enter See instructions
by donor (mo., yr.) adjusted basis amount received (h) Amount claimed as a (i) Data of contribution
deduction
A DECEMBER 1976 PURCHASE 500,000 00 390,000 00
B
C
D
Taxpayer (Donor) Statement-List each item included in Part I above that the appraisal identifies as having
a value of $500 or less. See instructions.
I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. ► N/A
Signature of taxpayer (donor) ► Date ►
EMMET- Declaration of Appraiser
I declare that I am not the donor, the donee, a oarty to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, of
married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my
appraisals during my tax year for other persons.
Also, I declare that I perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualified to make appraisals of the type
of property being
valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of
the property
value as described in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). In
addition, I
understand that I may be subject to a penalty under section 6695A if I know, or reasonably should know, that my appraisal is to be used in connection with a return or claim for
refund and a
substantial or gross valuation misstatement results from rry appraisal. I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional
Responsibility.
Sign CERTIFIED
Here .y,.lure► Title► REAL ESTATE APPRAISER Date►
Business address (including room or suite no.) Identifying number
POST OFFICE BOX 1068
City or town, state, and ZIP code
GOLD HILL, OREGON 97525
Er- ~g Donee Acknowledgment-To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described
in Section B, Part I, above on the following date ►
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any
portion thereof) within 3 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that
form. This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? . . . . ► ❑ Yes No
Name of charitable organization (donee) Employer identification number
CITY OF ASHLAND 93-6002117
Address (number, street, and room or suite no.) City or town, state, and ZIP code
20 EAST MAIN STREET ASHLAND, OREGON 97520
Authorized signature Title Date
Form 8283 (Rev. 12-2014)
FAIN SHAFFER (SSN:
FORM 8283 - NONCASH CHARTIABLE CONTRIBUTIONS
SUPPLEMENTAL STATEMENT
SECTION B, PART I, QUESTION 5(A)
DESCRIPTION OF DONATED PROPERTY:
FIFTY PERCENT (50%) OWNERSHIP INTEREST IN 5.52 ACRE PARCEL OF REAL
PROPERTY IDENTIFIED AS TAX LOT 200, TOWNSHIP 39 SOUTH, RANGE 01 EAST,
SECTION I ICB, JACKSON COUNTY, OREGON. ALSO KNOWN AS 0 EAST MAIN
STREET, ASHLAND, OREGON 97520.
SECTION B, PART I, QUESTION 5(B)
PHYSICAL CONDITION OF PROPERTY:
THE PROPERTY CONSISTS OF VACANT LAND WITH A GENERALLY LEVEL
TOPOGRAPHY. ALL PUBLIC UTILITIES ARE AVAILABLE AND IN SUFFICIENT
CAPACITY.
85157-00001:897829
8283 Noncash Charitable Contributions OMB No. 1545-0908
Form
(Rev. December 2014) ► Attach to your tax return if you claimed a total deduction
Department of the Treasury of over $500 for all contributed property. Attachment
Sequence No. 155
Internal Revenue Service 0- Information about Form 8283 and its separate instructions is at www.irs.gov/form8283.
Name(s) shown on your income tax return Identifying number
BONNIE SHAFFER
Note. Figure the amount of your contribution deduction before completing this form. See your tax return instructions.
Section A. Donated Property of $5,000 or Less and Publicly Traded Securities-List in this section only items (or
groups of similar items) for which you claimed a deduction of $5,000 or less. Also list publicly traded
securities even if the deduction is more than $5,000 (see instructions).
Information on Donated Property-If you need more space, attach a statement.
(b) If donated property is a vehicle (see instructions), (c) Description of donated property
(a) Name and address of the check the box (For a vehicle, enter the year, make, model, and
donee organization . Also enter the vehicle identification mileage. For securities, enter the company name and
number (unless Form 1098-G is attached).
the number of shares.)
A El E7 I B El
C ~
D ❑
E El
Note. If the amount you claimed as a deduction for an item is $500 or less, you do not have to complete columns (e), (f), and (g).
(d) Date of the (e) Date acquired (f) How acquired (g) Donor's cost (h) Fair market value (i) Method used to determine
contribution by donor (mo., yr.) by donor or adjusted basis (see instructions) the fair market value
A
B
C
D
E
Partial Interests and Restricted Use Property-Complete lines 2a through 2e if you gave less than an
entire interest in a property listed in Part I. Complete lines 3a through 3c if conditions were placed on a
contribution listed in Part I; also attach the required statement (see instructions).
2a Enter the letter from Part I that identifies the property for which you gave less than an entire interest ►
If Part II applies to more than one property, attach a separate statement.
b Total amount claimed as a deduction for the property listed in Part I: (1) For this tax year ►
(2) For any prior tax years ►
c Name and address of each organization to which any such contribution was made in a prior year (complete only if different
from the donee organization above):
Name of charitable organization (donee)
Address (number, street, and room or suite no.)
City or town, state, and ZIP code
d For tangible property, enter the place where the property is located or kept ►
e Name of any person, other than the donee organization, having actual possession of the property ►
3a Is there a restriction, either temporary or permanent, on the donee's right to use or dispose of the donated Yes No
property? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .
b Did you give to anyone (other than the donee organization or another organization participating with the donee
organization in cooperative fundraising) the right to the income from the donated property or to the possession of
the property, including the right to vote donated securities, to acquire the property by purchase or otherwise, or to
designate the person having such income, possession, or right to acquire? . . . . . . . . . . . . .
c Is there a restriction limiting the donated property for a particular use? . . . . . . . . . . .
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 62299J Form 8283 (Rev. 12-2014)
Form 8283 (Rev. 12-2014) Page 2
Name(s) shown on your income tax return Identifying number
BONNIE SHAFFER
Section B. Donated Property Over $5,000 (Except Publicly Traded Securities) -Complete this section for one item (or one group of
similar items) for which you claimed a deduction of more than $5,000 per item or group (except contributions of publicly
traded securities reported in Section A). Provide a separate form for each property donated unless it is part of a group of
similar items. An appraisal is generally required for property listed in Section B. See instructions.
r Information on Donated Property-To be completed by the taxpayer and/or the appraiser.
4 Check the box that describes the type of property donated:
a ❑ Art' (contribution of $20,000 or more) d E1 Art* (contribution of less than $20,000) g ❑ Collectibles" j ❑ Other
b ❑ Qualified Conservation Contribution e Other Real Estate h ❑ Intellectual Property
C ❑ Equipment f ❑ Securities i ❑ Vehicles
'Art includes paintings, sculptures, watercolors, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, rare manuscripts, historical memorabilia, and
other similar objects.
"Collectibles include coins, stamps, books, gems, jewelry, sports memorabilia, dolls, etc., but not art as defined above.
Note. In certain cases, you must attach a qualified appraisal of the property. See instructions.
5 (a) Description of donated property (if you need (b) If tangible property was donated, give a brief summary of the overall (c) Appraised fair
more space, attach a separate statement) physical condition of the property at the time of the gift market value
A SEE ATTACHED STATEMENT SEE ATTACHED STATEMENT 890,000 00
B
C
D
(d) Date acquired (e) How acquired by donor (fl Donor's cost or (g) For bargain sales, enter See Instructions
by donor (mo., yr.) adjusted basis amount received (h) Amount claimed as a (i) Date of contribution
deduction
A DECEMBER 1976 PURCHASE 500,000 00 390,000 00
B
C
D
Taxpayer (Donor) Statement-List each item included in Part I above that the appraisal identifies as having
a value of $500 or less. See instructions.
I declare that the following item(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and describe the specific item. See instructions. ► N/A
Signature of taxpayer (donor) ► Date ►
FTT,M Declaration of Appraiser
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the property, employed by, or related to any of the foregoing persons, or
married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or party to the transaction, I performed the majority of my
appraisals during my tax year for other persons.
Also, I declare that I perform appraisals on a regular basis; and that because of my qualifications as described in the appraisal, I am qualified to make appraisals of the type
of property being
valued. I certify that the appraisal fees were not based on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulent overstatement of
the property
value as described in the qualified appraisal or this Form 8283 may subject me to the penalty under section 6701(a) (aiding and abetting the understatement of tax liability). In
addition, I
understand that I may be subject to a penalty under section 6695A if I know, or reasonably should know, that my appraisal is to be used in connection with a return or claim for
refund and a
substantial or gross valuation misstatement results from my appraisal. I affirm that I have not been barred from presenting evidence or testimony by the Office of Professional
Responsibility.
Sign CERTIFIED
Here 'Signature ► Title'* REAL ESTATE APPRAISER Date ►
Business address (including room or suite no.) Identifying number
POST" OFFICE BOX 1068
City or town, state, and ZIP code
GOLD HILL, OREGON 97525
1 :7-71 1 VA Donee Acknowledgment-To be completed by the charitable organization.
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated property as described
in Section B, Part I, above on the following date ►
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the property described in Section B, Part I (or any
portion thereof) within 3 years after the date of receipt, it will file Form 8282, Donee Information Return, with the IRS and give the donor a copy of that
form. This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use? ► ❑ Yes No
Name of charitable organization (donee) Employer identification number
CITY OF ASHLAND 93-6002117
Address (number, street, and room or suite no.) City or town, state, and ZIP code
20 EAST MAIN STREET ASHLAND, OREGON 97520
Authorized signature Title Date
Form 8283 (Rev. 12-2014)
BONNIE SHAFFER (SSN:
FORM 8283 - NONCASH CHARTIABLE CONTRIBUTIONS
SUPPLEMENTAL STATEMENT
SECTION B, PART I, QUESTION 5(A)
DESCRIPTION OF DONATED PROPERTY:
FIFTY PERCENT (50%) OWNERSHIP INTEREST IN 5.52 ACRE PARCEL OF REAL
PROPERTY IDENTIFIED AS TAX LOT 200, TOWNSHIP 39 SOUTH, RANGE 01 EAST,
SECTION I I CB, JACKSON COUNTY, OREGON. ALSO KNOWN AS 0 EAST MAIN
STREET, ASHLAND, OREGON 97520.
SECTION B, PART I, QUESTION 5(B)
PHYSICAL CONDITION OF PROPERTY:
THE PROPERTY CONSISTS OF VACANT LAND WITH A GENERALLY LEVEL
TOPOGRAPHY. ALL PUBLIC UTILITIES ARE AVAILABLE AND IN SUFFICIENT
CAPACITY.
85157-00001:897795
TALENT IRRIGATION DISTRICT
PQ Box 467 Phone; 541-535.1529
1.04 W Valley View Rd Website: Fax: 541-535-4108
Talent OR 97540-0467 www.talentid.org Email: tid@talentid.org
REQUIRED
TRANSFER INFORMATION
(PLEASE TYPE OR PRINT ALL INFORMATION)
Please fill in the new owner information and return to the District office.
If this is a refinance please indicate that in the appropriate line below and, return to our office.
SALE OR REFINANCE
DATE OF LIEN SEARCH 9/24/2418
TTILE COMPANY ORDER # 71.62-31.28163
FIRST & LAST NAME OF SELLER SHAFFER, FAIN/SHAFFER, BONNIE
MAP DESCRIPTION OF PROPERTY 391 El 1 CB-0200
TID TRACKING # OF PROPERTY 6104
PROPERTYADDRESS E MAIN ST
FIRST & LAST NAME OF NEW OWNER
MAILING ADDRESS
TELEPHONE # OF NEW OWNER(S)
Grantor:
Bonnie Shaffer and Fain Shaffer
0 East Main Street
Ashland, OR 97520
Grantee:
City of Ashland
20 East Main Street
Ashland, OR 97520
After Recording Return To:
Denise N. Gorrell
Attorney for Bonnie Shaffer
111 SW 5th Ave., Suite 3800
Portland, OR 97204
Until a change is requested,
all tax statements shall be APPROVED
sent to the following address: BY
City of Ashland
20 East Main Street
Ashland, OR 97520
STATUTORY WARRANTY DEED
Bonnie Shaffer and Fain Shaffer, as tenants in common, Grantors, convey and warrant to
the City of Ashland, Grantee, the following described real property, free of encumbrances except
as specifically set forth herein:
See Exhibit "A"
This property is sold subject to the following restrictions:
See Exhibit "B"
The true consideration for this conveyance is $1,000,000.00
It is the intention of the Grantors that the property remain a park and that it not be later
sold for the construction of a housing development.
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Page 1 - STATUTORY WARRANTY DEED
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF
ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,
CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855,
OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE
UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR
PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES
OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE
ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424,
OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS
2009, AND SECTIONS 2 TO 7, CHAPTER 8. OREGON LAWS 2010.
By: By:
Bonnie Shaffer Fain Shaffer
Dated:
Dated:
STATE OF OREGON )
ss.
County of )
On this day of November, 2018, personally appeared the above-named Bonnie
Shaffer and acknowledged the foregoing instrument to be her voluntary act and deed before me.
Notary Public for Oregon
Page 2 - STATUTORY WARRANTY DEED
STATE OF )
ss.
County of )
On this day of November, 2018, personally appeared the above-named Fain Shaffer
and acknowledged the foregoing instrument to be his voluntary act and deed before me.
Notary Public for
Page 3 - STATUTORY WARRANTY DEED
EXHIBIT "A"
Real property in the County of Jackson, State of Oregon, described as follows:
Beginning at a point on the East line of the West half of the Southwest quarter of section 11,
township 39 South, range 1 East of the Willamette Meridian, Jackson County, Oregon, which
point bears 29.85 chains North of the Southeast corner thereof; thence North along the East line
thereof, 630.48 feet to the Southerly line of the East Main Street; thence along said street, North
83° 45' West 138.82 feet to the true point of beginning; thence South, parallel with the East line
of the West half of the Southwest quarter of said section, 645.31 feet to the South line of land
described in volume 348, page 345, Jackson County, Oregon, deed records; thence North 89° 53'
West, along the South line of said premises, 360 feet; thence North parallel to and 150 feet
distant from the East line of Clay Street, a distance of 683.90 feet to the Southerly line of East
Main Street; thence South 83° 45' East, 362.16 feet to the true point of beginning. Together with
that portion of property lying North of the boundary line described in boundary line agreement
recorded October 22, 2003 as no. 03-72760, official records, Jackson County, Oregon. Excepting
therefrom that portion of property lying South of the boundary line described in boundary line
agreement recorded October 22, 2003 as no. 03-72760, official records, Jackson County, Oregon.
PAGE 1 - EXHIBIT A TO STATUTORY WARRANTY DEED
851 5 7-00001:89527 7.doc x
EXHIBIT "B"
1. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Facts, rights, interests or claims which are not shown by the public records but which
could be ascertained by an inspection of the land or by making inquiry of persons in
possession thereof.
3. Easements, or claims of easement, not shown by the public records; reservations or
exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or
title to water.
4. Taxes for the fiscal year 2018-2019 a lien due, but not yet payable.
5. The herein described property has been disqualified from special assessment as farm use
land and is currently assessed at true cash (market) value. ORS 308A.083 et seq. provides
that if the property is converted to a use inconsistent with its return to farm purposes,
potential tax in the amount of $4,061.97 will become due and payable.
6. The premises herein described are within and subject to the statutory powers of the
Rogue Valley Sewer Services.
7. These premises are situated in the Talent Irrigation District, and subject to the levies and
assessments thereof, water and irrigation rights, easements for ditches and canals and
regulations concerning the same.
8. The rights of the public in and to that portion of the premises herein described lying
within the limits of streets, roads and highways.
Page 1 - EXHIBIT B TO STATUTORY WARRANTY DEED
85157-00001:8955 88.docx
O R E G O N Certification of Charges Paid
D E P A R T M E N T [Oregon Revised Statutes ORS 311.411
~~OF REVENUE Certification N
2018-16157463
Al charges have been paid for the real property that Is the subject of conveyance between:
Grantor
Bonnie Shaffer and Fain Shaffer
r(3 ranteity Ashland
Signed on (date) and for conalderatlon of
N/A $ 1,000,000.00
Date
Assessor's signature
itli3laoig
391 Ell CB-200, Acct. #10114946
156716411 (R- 04-16)
• ° • • , First American Title Insurance Company
370 Lithia Way
First American Ashland, OR 97520
Phn - (541)488-6840
Fax -(866)391-8367
ESCROW AGREEMENT
(SALE)
File No: 7162-3128163 (]S) Date: November 05, 2018
Seller: Fain Shaffer and Bonnie Shaffer
Buyer: The City of Ashland, A Municipal Corporation
Property Address: Not Yet Assigned, Ashland, OR 97520
TRANSACTION INSTRUCTIONS
Please read this document carefully. It requires the use of individual arbitration to resolve disputes
instead of jury trials or class actions.
To: First American Title Insurance Company, hereinafter "Escrow Agent"
Real Property Description: As set forth in Preliminary Title Report issued by First American Title
Insurance Company, Order/File No. 7162-3128163 dated September 06, 2018 a copy of which has been
read and approved by Seller and Buyer.
Seller deposits with Escrow Agent, pursuant to these instructions, the following:
• Fully executed Statutory Warranty Deed
• 1099 Input Form or Seller Certification
• Affidavit of Existing Construction
• All other documents delivered by Seller in connection with the closing
And authorizes delivery, release, and recording of documents when you hold for the account of the Seller the sum
as shown on the attached Estimated Settlement Statement, and, further authorizes credits, deductions and
adjustments as set forth on the attached Estimated Settlement Statement. Certain items shown on the
settlement statement are estimates only and the final figures may be adjusted to accommodate exact amounts
required at the time of disbursement.
Buyer deposits with Escrow Agent, pursuant to these instructions, the following:
• Funds to close as shown on the Estimated Settlement Statement
• Copy of Statutory Warranty Deed which has been read and approved
• All other documents delivered by Buyer in connection with the closing
And authorizes delivery, release and recording of documents when you are prepared to:
1. Issue an Owners Title Insurance Policy (ALTA 2006) in the amount of the sales price, insuring the
Grantee on the deed deposited by Seller (which has been read and approved by Buyer), as the owner of
that certain real property referenced above, subject to (a) the exclusions, conditions and stipulations as
contained in the policy, (b) the exceptions not shown as deleted on the marked-up Preliminary Title
Report read and approved by Buyer, and (c) all documents recorded at the closing (including, without
limitation, all deeds of trust).
And, further authorizes a) if Buyer is obtaining a new loan, recording and/or release of any documents required
by or on behalf of Lender; and b) credits, deductions and adjustments as set forth on the attached Estimated
Page 1 of 7
First American Title Insurance Company File No.: 7162-3128163 (JS)
Date: November 05, 2018
Settlement Statement. Certain items shown on the settlement statement are estimates only and the final figures
may be adjusted to accommodate exact amounts required at the time of disbursement.
AUTHORIZATIONS
If your closing occurs between July 1st and date the tax roll is certified by the county, please be
advised of the following:
Taxes: Closing tax prorations for the current year are to be based upon 2017-2018 taxes, which is accepted by
the undersigned as a final proration for the purposes of the escrow closing. The undersigned will not hold First
American Title Insurance Company responsible for any re-proration caused by any increase or decrease of
the tax amount due.
The Buyer understands that the 1/3 real property taxes will be due and payable by November 15th. Buyer
acknowledges that they will need to contact Jackson Tax Collector's office to obtain the tax payment information
if the tax statement is not received by November 1st, in order to avoid any delinquent charges.
Prorate: You are to prorate taxes in accordance with the terms of the purchase and sale agreement or ORS
311.275 if the purchase and sale agreement is silent on prorations.
Fire Insurance: The parties are to secure fire insurance outside of escrow to protect their interest(s) as they
may appear.
Counterpart: These instructions may be signed in counterpart. Escrow Agent may consider, upon receipt, all
duly executed counterparts to be a single instruction.
Fax/Scan/PDF: Escrow Agent is authorized to complete all necessary actions set forth herein upon receipt of a
signed facsimile (FAX), scan or PDF of these instructions without receipt of original signed instructions.
Electronic Transfer: Escrow Agent may, in its discretion, receive and/or disburse any funds in connection with
this agreement by electronic (wire) transfer. If required by any of the parties to utilize this method of transfer,
the requesting party agrees to pay any reasonable fee as assessed by Escrow Agent for this service.
Deposits: Parties understand and agree that all checks, money orders or drafts will be processed for collection
in the normal course of business. Parties further understand that all funds required to close must be payable
to Escrow Agent and must be collected funds, as required by Federal and State or Oregon statutes and
regulations prior to the Escrow Agent's disbursement of any sums. Escrow Agent may commingle funds received
with escrow funds of others, and may, without limitation, deposit such funds in its custodial or escrow accounts
with any reputable trust company, bank, savings bank, savings association or other financial services entity. It is
understood that Escrow Agent, except by virtue of separate signed instructions as required by State of Oregon
regulation, shall be under no obligation to invest the funds deposited on behalf of any depositor, nor shall it be
accountable for any earnings or incidental benefit attributable to the funds which may be received by Escrow
Agent while it holds such funds.
The undersigned are hereby informed that Escrow Agent deposits all funds into a non-interest bearing account
and receives or may receive certain credits and benefits including, without limitation, checks, deposit slips, data
processing and account services from or through various financial entities as a result of the banking relationships
maintained in the regular course of its escrow and title insurance business. The undersigned hereby waive any
and all rights or claims with respect to such credits and benefits received by the Escrow Agent or any affiliates
thereof. A good faith estimate of the benefits received by Escrow Agent is $32.16 (based on 2001 results) per
escrow transaction. This disclosure is made in compliance with Oregon Administrative Rule 863-50-065.
Page 2 of 7
First American Title Insurance Company File No.: 7162-3128163 (JS)
Date: November 05, 2018
Any funds remaining on deposit after closing or refunds received by Escrow Agent will be refunded to the party
whose account was charged. No further instructions will be required by any party prior to the disbursement of
any such refund by Escrow Agent.
Escrow Agent will charge an accounting fee of $10.00 for each month any funds are held after one (1) month in
the event the person(s) entitled to such funds, after reasonable and diligent effort, cannot be found. Escrow
Agent may charge a reasonable fee for replacement and/or stale dated checks.
Oregon Tax Withholding: When applicable, parties authorize and instruct Escrow Agent to withhold and
submit the necessary forms and sums, if any, to the Oregon Department of Revenue pursuant to Chapter 864,
Oregon Laws 2007. When this amount is based upon net proceeds, escrow is to use the final net proceeds as set
out in the Final Settlement Statement.
Copies: The undersigned authorize distribution of these escrow instructions and/or estimated or final settlement
statements prepared on my behalf to any designee, real estate broker/agent or lender identified in this
transaction.
Closing: Closing is defined, for purposes of this agreement, as the time of the recording of all documents as
required by the parties herein. Escrow Agent shall be entitled to payment of all fees charged for services
provided at the time of closing. Any funds held for satisfaction/ release of liens and encumbrances or to meet
other conditions of this escrow may be transferred from this escrow account to an appropriate department or
escrow for subsequent processing.
Escrow Agent is authorized to request, on behalf of Borrower, reconveyances of any trust deeds that are paid in
accordance with these instructions and to utilize the provisions of ORS 86.720 et seq in order to release the lien
of record, if necessary.
AGREEMENTS
Dispute Resolution: Please read this arbitration provision carefully. It requires the resolution of
disputes by arbitration on an individual basis rather than by jury trials or class actions.
(a) The parties acknowledge that they are entering into this arbitration agreement in connection with escrow
services related to a real estate transaction. The parties agree that all disputes and claims involving Escrow
Agent that arise out of or relate to the escrow services or related real estate transaction in any way
must be resolved by arbitration. This arbitration agreement is intended to be broadly interpreted, and the
obligation to arbitrate includes disputes or claims brought by or against the parties' respective affiliates, owners,
agents, employees, representatives, predecessors, successors, assigns, and any beneficiaries of the escrow
services, such as those with an interest in the underlying real estate transaction or who are or intend to be
occupants, tenants, or owners of the property. Notwithstanding the foregoing, any party may bring an individual
action in small claims court. Any dispute as to the arbitrability of claims or the scope or enforceability of this
arbitration provision, or as to the interpretation of paragraph (d) below, is for the court to decide. The services
provided by Escrow Agent evidence a transaction in interstate commerce, and thus the Federal Arbitration Act
governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination
of the Escrow.
(b) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The
arbitration will be governed by the Commercial Arbitration Rules or, where applicable, the Consumer Arbitration
Rules (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration
provision. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA
shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another
arbitration provider that the parties agree to or that the court selects. Arbitrators may consider but shall not be
bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior
arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree
Page 3 of 7
First American Title Insurance Company File No.: 7162-3128163 (IS)
Date: November 05, 2018
THE PARTIES ACKNOWLEDGE THAT BY THE APPROVAL OF THE ESTIMATED SETTLEMENT
STATEMENT REFERRED TO IN THESE INSTRUCTIONS, THEY HAVE AGREED AS TO THE ALLOCATION
OF COSTS ASSOCIATED WITH THE TITLE PREMIUMS REQUIRED, IF ANY, FOR THE PROTECTION
REQUIRED FOR THE PURCHASER IN COMPLIANCE WITH HOMEBUYER PROTECTION ACT.
Notwithstanding reference, if any, in the purchase and sale agreement regarding transfer of water rights, the
parties acknowledge that Escrow Agent will not be responsible for any such transfer and that the parties are
solely responsible for such transfer outside this escrow.
YOU ARE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS. LEGAL
CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. THESE
CONSEQUENCES AFFECT YOUR RIGHTS AND OBLIGATIONS. YOU MAY CONSULT AN ATTORNEY
ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR
CONCERNS ABOUT THE TRANSACTION OR ABOUT THE DOCUMENTS. IF YOU WISH TO REVIEW
TRANSACTION DOCUMENTS THAT YOU HAVE NOT YET SEEN, PLEASE CONTACT THE ESCROW
AGENT.
IT IS UNDERSTOOD BY THE PARTIES SIGNING THE ABOVE ESCROW INSTRUCTIONS OR THOSE
ESCROW INSTRUCTIONS WHICH ARE ATTACHED HERETO THAT SUCH INSTRUCTIONS CONSTITUTE
THE WHOLE AGREEMENT BETWEEN THIS FIRM AS AN ESCROW AGENT AND YOU AS A PRINCIPAL
TO THE ESCROW TRANSACTION. THESE INSTRUCTIONS MAY NOT INCLUDE ALL THE TERMS OF
THE AGREEMENT WHICH IS THE SUBJECT OF THIS ESCROW. READ THESE INSTRUCTIONS
CAREFULLY AND DO NOT SIGN THEM UNLESS THEY ARE ACCEPTABLE TO YOU.
1. The assessment roll and the tax roll disclose that the within described premises were specially zoned
or classified for Farm use. If the land has become or becomes disqualified for such use under the
statute, an additional tax or penalty may be imposed.
Dated:
SELLER(S):
Fain Shaffer Bonnie Shaffer
Seller's Forwarding Address: 1350 W. Southport #C, Indianapolis, IN 46217
Home Phone:
BUYER(S):
The City of Ashland, A Municipal Corporation
By:
4 "LL
Name: Kelly Maddi
Title: City Administrator
Page 6 of 7
First American Title Insurance Company File No.: 7162-3128163 (JS)
Date: November 05, 2018
Buyer's Forwarding Address: 20 East Main Street, Ashland, OR 97520
Home Phone:
Accepted this day of , 20
First American Title Insurance Company
By:
Page 7 of 7
First American Title Insurance Company File No.: 7162-3128163 (JS)
Date: November 05, 2018
otherwise, any in-person arbitration hearings shall be in the county in which the underlying real estate at issue in
the transaction is located.
(c) Arbitration Costs. The Escrow Agent will pay all AAA filing, administrative, and arbitrator fees for any
arbitration that the Escrow Agent commences. If another party commences arbitration and the value of that
claim is $75,000 or less (to either party), the Escrow Agent will pay all AAA fees. If, however, the arbitrator finds
that the substance of such a claim or the relief sought is frivolous or brought for an improper purpose (as
measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees shall be
governed by the AAA Rules.
(d) Prohibition of Class or Representative Actions and Non-Individualized Relief. UNDER THIS
AGREEMENT, ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NO PARTY MAY
SERVE AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all parties agree
otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over
any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief
that a court could award, so long as the relief is individualized to the claimant and would not affect other
persons. No party may seek non-individualized relief that would affect persons other than the parties
themselves. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may
be brought in court.
Interpleader: Notwithstanding the preceding section, Escrow Agent shall have the option of interpleading funds
in the Circuit Court of Oregon, including the Small Claims Division of same, as may be appropriate, in the event of
a dispute regarding the disposition of any funds held by Escrow Agent, where the substance of the underlying
dispute involves competing claims to the funds held in escrow.
Limited Power of Attorney: The undersigned hereby grant Escrow Agent Limited Power of Attorney to correct
and initial all typographical or clerical errors discovered in any or all of the closing documentation required to be
executed by any of the parties hereto. In the event Escrow Agent exercises this Limited power of Attorney, a
copy of the document(s) corrected and/or initialed will be sent to the affected party.
EXCLUSIONS
COMPLIANCE WITH VARIOUS LAWS OR STATUTES: Escrow Agent has no liability or responsibility with
respect to any matters connected with the following (unless expressly authorized herein or by separate written
instructions acknowledged by Escrow Agent);
1. Compliance with the requirements of the Consumer Credit Protection Act or Interstate Land Sales Act, or
similar laws;
2. Compliance with the requirements of the Oregon Revised Statutes 537.330 (relating to water rights),
448.271 (relating to well testing) and any similar laws;
3. Compliance with the obligation to disclose the existence of lead based paint as required by federal
regulation 24 CFR Part 35 and 40 CFR Part 35 et seq and any other related statute or regulation; and
4. Compliance with collection, withholding, reporting or payment of any amounts due under Section 1445
and 6039C of the Internal Revenue Code, as amended, regulations adopted thereunder, and any other
related statute or regulation (Foreign Investment in Real Property Tax Act, commonly referred to as
FIRPTA). Notwithstanding the fact Escrow Agent assumes no liability or responsibility to the parties for
compliance with FIRPTA, Escrow Agent reserves the right to take any action required by such law and/or
regulation without further instructions of the parties.
REPRESENTATIONS
Page 4 of 7
First American Title Insurance Company File No.: 7162-3128163 (JS)
Date: November 05, 2018
Compliance with Earnest Money Agreement: All terms and provisions of the earnest money agreement,
amendments or addenda thereto, have been complied with to the satisfaction of the undersigned or will be
completed outside of this escrow. Escrow Agent is not responsible for any matters except as set forth in this
agreement.
Utilities: The undersigned acknowledge that water, sewer, waste collection, electricity, and other utility charges
and inventory for fuel, including any final billings will be adjusted outside this escrow by the respective parties
and Escrow Agent shall have no obligation or responsibility for such adjustment.
Compliance with Escrow Agreement: The undersigned acknowledge that they have and shall have a
continuing obligation to cooperate with Escrow Agent in good faith to enable Escrow Agent to fulfill its
responsibilities under this agreement. Such obligations shall survive the closing of the transaction described
herein and shall include, without limitation, the obligation to; a) disclose to Escrow Agent any liens,
encumbrances or any other rights, claims or matters known to the parties which affect or relate to the property
and transaction referred to in this agreement; b) return to Escrow Agent for proper disposition any funds,
documents or other property which are, for any reason, improperly or mistakenly released to any persons; c) pay
any charges, advances or expenses that are properly chargeable to the parties; and d) to proceed pursuant to the
provisions of ORS 86.720 to take those steps necessary to secure an appropriate deed of reconveyance of any
trust deed which has been paid and fully satisfied.
Practice of Law/Advice: The undersigned acknowledge that Escrow Agent is not licensed to practice law and
that Escrow Agent's duties and obligations under this agreement are limited to those of an escrow holder. The
undersigned have not been referred to any named attorney(s) or discouraged from seeking the advice of an
attorney but have been requested to seek legal counsel of their own choosing, at their own expense, if they have
any doubts or questions concerning any aspect of this transaction.
Other Obligations: The undersigned acknowledge that, to the extent other obligations exist between them as
a result of this transaction that are not specifically set forth herein, they are individually responsible for the
execution thereof and Escrow Agent is not obligated for matters except as specifically set forth in this agreement.
Review: The undersigned acknowledge that they have been afforded adequate time and opportunity to read
and understand the escrow instructions and all other documents referred to herein.
SPECIAL INSTRUCTIONS
PLEASE READ THE PRELIMINARY TITLE REPORT AND YOUR SETTLEMENT STATEMENT CAREFULLY
BEFORE SIGNING THIS DOCUMENT. BE SURE THAT ALL FACTS KNOWN TO YOU ARE ACCOUNTED
FOR IN THIS ESCROW. THE ESCROW AGENT HEREIN IS A NEUTRAL THIRD PARTY AND CANNOT
ADVISE YOU OR PROTECT YOUR LEGAL RIGHTS. YOU SHOULD CONSULT LEGAL COUNSEL FOR
SUCH ADVICE AND PROTECTION.
The undersigned has read the Preliminary Title Report and Estimated Settlement Statement attached to the
original Escrow Instructions, as well as the Escrow Instructions in this escrow, and any Amendments thereto.
The undersigned represents to Escrow Agent and its underwriter that there are no existing liens, assessments,
taxes, deferred taxes, unpaid water or sewer bills, or any other obligations which are the responsibility of the
undersigned and which are not shown on the above documents. The undersigned understands and agrees that
any obligation known to it and not disclosed herein, remains the responsibility of the undersigned subsequent to
the closing of this escrow. The undersigned further understands and agrees that any payoffs made on its behalf
in this escrow are made by Escrow Agent and its underwriter with complete reliance on figures supplied by the
lender, creditor or taxing agency. Such figures may not be accurate. In the event that additional funds are
required to complete said payoffs, the undersigned hereby agrees that it will immediately, upon request by and
its underwriter, provide the additional funds needed to complete said payoffs.
Page 5 of 7