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.
(Duplex form)
CKT 6982 FAEESO7
DECLARATION OF RESTRICTIONS, ESTABLISHMENT OF BOARD OF MANAGEMENT AND LIEN RIGHTS
KNOW ALL MEN BY THESE PRESENTS:
That ARIZONA TIT LE INSURANCE AND TRUST COMPANY, a corporation, as Trustee, being the owner of all the following described premises situated in Maricopa County, Arizona, to wit:
Tract G and Lots 241 through 260, both inclusive, and Lots 295 through 312, both inclusive, SUN CITY UNIT TWELVE (12), according to the plat thereof of record in the office of the County Recorder, Maricopa County, Arizona, in Book 17 of Maps, at pages 12-14-15 thereof.
and desiring to establish the nature of the use and enjoyment thereof, for the purposes of joint management among the grantees thereof, as to the units thereon and the surrounding premises and areas and other buildings does hereby declare said property subject to the following expressed conditions and stipulations as to the use and enjoyment thereof, and as to the establishment of a perpetual lien for the enforcement thereof, as follows:
1. No buildings except multi-family residential dwellings, storage buildings and carports for use in connection with such dwellings shall be erected, maintained, or permitted on said tracts or portions thereof. No dwelling shall be used except as a multi-family dwelling. A multi-family residential dwelling shall consist of two single-family residential units.
2. The front line of any building erected on said lots within the tracts shall not be closer than twenty (20) feet to the street right-of-way line, excepting that any attached open porch, carport, or balcony may project not more than five (5) feet into any minimum front yard and the side walls of any building shall not be closer than five (5) feet to the said street right-of-way line and not closer than ten (10) feet to the side street right-of-way line. The carport and storage room if attached to the walls of the dwelling may be placed not closer than five (5) feet to any interior side tract property line and not closer than ten (10) feet to a side tract property line. No portion of buildings bordering a golf course shall be placed closer than eighteen (18) feet to the boundary line of said golf course.
3. No house trailer, and no temporary or permanent building of any nature detached from the dwellings shall be built, erected, placed or maintained on said tracts other than storage buildings and covered carports.
4. No store, office, or other place of business of any kind, and no hospital, sanatorium or other place for the care or treatment of the physically or mentally ill, nor'anytheater, saloon or other place of entertainment shall be erected or permitted upon said tracts, and no business of any kind or character whatsoever shall be conducted in or from the buildings located on said tracts or from said tracts.
DK1 6982 FAE SOS
5. No swine, horses, cows or other livestock, and no pigeons, chickens, ducks, turkeys, or other poultry shall ever be kept upon said tracts. All dogs and cats shall be confined to owners' portion of said tracts and shall not be permitted to run free.
6. No solid wall, fence, or hedge shall be erected or maintained nearer to the front property line than the walis, attached open porch, carport, or balcony of the dwelling erected on said tracts. No side or rear fence or hedge, and no side or rear wall other than the wall of a building constructed on said tracts shall be more than six (6) feet in height. Owners of units bordering a golf course shall not erect or maintain a fence or wall, rail, or hedge at a greater height than three (3) feet within eighteen (18) feet of the rear property line. Landscaping shall be planned for any units bordering a golf course so as to avoid undue obstruction of the view of a golf course from said units.
7. No prefabricated building or structure of any nature whatsoever, permanent or temporary, shall be moved or placed upon or assembled or otherwise maintained on said tracts, provided, however, that a temporary office, tool shed, saw shed, Jumber shed and sales office may be maintained upon said tracts by any building contractor for the'purpose of erecting and selling dwellings on said tracts, but such temporary structures shall be removed upon completion of construction or of selling of dwellings, whichever later occurs.
8. All clothes lines, equipment, service yards, wood piles or storage piles shall be kept screened by adequate planting so as to conceal them from view of neighboring lots, streets, or golf course property. All rubbish, trash or garbage shall be removed from the tracts and shall not be allowed to accumulate thereon, and shall not be burned except by use of incinerator and then only during the hours so specified by the governing authority.
9. Each residential unit shall be a separately designated and legally described freehold estate consisting of a parcel and the improvements thereon, and an undivided interest in the common elements of the tract of which said parcel shall be part.
A. That, in order to promote and maintain efficiency and cooperation for the full enjoyment of any of the grantees of the units on the above property, a Board of Management be, and the same is hereby established and created as follows:
B. The Board of Management shall consist of three Managers who shall choose a chairman from among them.
C. The initial Board of Management shall consist of one (1) representative from each of the first three (3) residential units sold and transferred, who shall serve until sixty percent of the units on the above property have been sold, at which time such Board shall thereupon cause an election to be held among the owners of such units, who shall elect a new Board from among the owners of all the units. Thereafter, annual elections shall be held for the purpose of electing a Board of Management under such rules and regulations as shall be adopted by such Board, or fifty-one percent of the owners of such units. The Managers so elected shall serve for a term of one year, without pay. The Managers shall have the right to substitute or appoint new members to the initial Board of Management from time to time in the event one or more of the Managers shall become unable or unwilling to continue to serve in such capacity, or is no longer a resident of said property.
DK1 6982 FASE $69
D. For the purpose of election, each unit shall constitute one voting unit, it being under stood that the owners of each unit shall be entitled to one vote among them regardless of the number of grantees who may own such unit. out aci
A majority vote of the Managers shall entitle said Board to carry iref the owners of the units.
10. The "common elements" shall be defined as including, but not limited to, land not otherwis e specifically conveyed with individual units, community and commercial facilities, if any, swimming pools, pumps, trees, pavements, streets, pipes, wires, conduits and other public utility lines. No building shall be constructed on any part of the common clements.
11. No exterior additions, or alterations to any building, nor changes in fences, hedges, walls and other structures including, but not limited to color thereof, shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, height, materials, location and approximate cost of same, shall have been submitted to and approved in writing as to conformity and harmony of external design and location with existing structures in the property by an architectural committee composed of the Board of Management, or by a representative designated by the Board of Management. The meynoiejalDoument such committee shall not be entitled to compensation for services performed pursuant to this paragraph. No such additions or alterations shall be permitted by any owner until the initial Board of Management has been established.
12. The Board of Management shall have the following rights and powers:
A. To levy monthly assessments, payable in advance, against each residential unit.
B. To use and expend the assessments collected to maintain, care for and preserve the common elements, buildings, grounds and improvements (other than interior of the buildings).
C. To pay taxes and assessments levied and assessed against real property, and such equipment and tools, supplies, and other personal property as are owned by the Board of Management for the common benefit of all unit owners.
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D. To pay for water, insurance, sewerage and other utilities and expenses shall be designated by the Board.
E. To enter into and upon the units when necessary, and at as little inconvenience to the owners of the units concerned as possible, in connection with the duties of the Board outlined herein.
F. To repair and replice facilities, machinery and equipment as is necessary and convenient, in the discretion of the Board.
G. To provide for the construction of additional recreational and other common facilities, from time to time, as in their discretion appears to be inthe best interest of the owners and the project. Any such construction, improvements or additions shall be authorized by a majority vote of the Board of Management at a duly called meeting at which a quorum is present.
H. To insure, and keep insured, all buildings and improvements on the property, and the owners thereof, against loss from fire or other casualty, and to purchase same and such other insurance as the Board may deem advisable. Such insurance may, at the discretion of the Board, be taken in the name of the Board for
DKT 7129 FAGE285
AMENDMENT TO DECLARATION OF RESTRICTIONS
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned ARIZONA TITLE INSURANCE AND TRUST COMPANY, an Arizona corporation, as Trustce, being the owner of the following described real property, situated in the County of Maricopa, State of Arizona, to wit:
TRACT G, and LOTS 241 through 260, both inclusive, and LOTS 295 through 312, both inclusive, SUN CITY UNIT TWELVE (12), according to a plat thereof recorded in the Office of the County Recorder of Maricopa County, Arizona, in Book 117 of Maps, at Pages 13, 14, 15,
and desiring to establish the nature of the use and enjoyment thereof did declare said real property subject to certain restrictive covenants as recorded in Docket 6982 Page 867, among the Records of the Office of the Recorder of Maricopa County, Arizona; and
That the undersigned, still being the owner of all of the above described property, desires to amend said Declaration of Restrictions.
NOW, THEREFORE, the aforesaid Declaration of Restrictions is hereby amended by addition thereto of the following language:
"Each lot and the common areas shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the original developer. A valid easement for said encroachments ar.d for the maintenance of same, so long as the encroachments remain, shall and does exist,. In the event the multi-family structure is partially or totally destroyed, and then rebuilt, the owners of all units agree that minor encroachments of parts of the adjacent units or common elements due to construction shall be permitted and that a valid easement for said encroachment and the maintenance thereof shall exist,"
Excepi as herein modified the said Declaration of Restrictions shall remain in full force ard effect.
IN WITNESS WHEREOF, the Arizona Title Insurance and Trust Company, as Trustee, has hereunto caused its corporate name to be signed and its corporate seal to be affixed and the same to be attested by the signatures of its duly authorized officers, this 7th day of June , 1968.
TITLE INSURANCE AND TRUST COMPANY
By Assistant Séoretary STATE OF ARIZONA
On this 7th day of June officer, appeared EAKL BRIGGS
1968, before me, the undersigned and STANLBY MATHISEN
