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.
TRAMMEL ESTATES UNIT TWO
DECLARATION OF ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS
STATE OFARIZ3:A) FoMo,2673 COUNTYOFAPACHE) 33. Iheretycorittythet thewthimmitrumentwxTtrepeut. wordlay18 191 t 1.30 A.M IndocketNa.255.Part 389.391 attherequest of Apache TeCo.
KNOWALL MEN BY THESE PRESENTS:
That Thel E. Gillespie and Anna Gillespie, husband andwife, and Vernal Rue Hale and Geneva C. Hale. husband andwife, heing the owners of all thal certain tract ofland situated in the County of Apache, State of Arizona, described as follows, to-wit:
LOTS 16 through 22, inclusive and LOTS 26 through 30 inciusive Of TRAMMELL ESTATES UNIT TWO, as shown on theplat recorded in Book 6 of TownsiteMaps, page 17, records of Apache County. Arizona.
Do hereby certify and declare that owners do hereby establish ageneral plan for the improvement, development and ownership. use, sale and conveyance of said property and each and every partthereof and does hereby establish and decree the manner, conditions and covenants upon and subject towhich said property andeach and every lot shown shail henceforth only be occupied, used, owned and conveyed subject to said restrictions, and conditions, covenants, all ofwhich are herein fully set forth and all of which are for the benefit of the present and future owners of said lots: and that said conditions, restrictions and covenants shall each and all apply to and bind the successor in interest of thepresent and/or future owners or owner of said lots and all of the same; and that each of said restrictions, conditions and covenants shall impose upon each and all of said lots aservitude in favor of each and every lot in said property as a dominant tenement or tenements and that said conditions, restrictions and covenants are as follows, to-wit:
I. THE RESTRICTIONS, CONDITIONS AND COVENANTS SHALL APPLY TOLOTS 16 through 22, inclusive and LOTS 26 through 30 inclusive.
II. USES PERMITTED
Lots in said subdivision are for, and maybe used for the following uses only:
a. SINGLE FAMILY DWELLINGS to have a minimum of 1200 square feet of living space.
b. MULTIPLE FAMILY DWELLINGS are permitted when two or more contiguous lots are held in common ownership.
III. SANITARY REQUIREMENTS
All buildings and structures, on any and al1 lots, intended to be occupied as dwellings, shall be equipped with indoor standard flush toilets and sewage and waste water produced on the premises shall be disposed of byadequate waste disposal systems of the "water carried" type constructed in accordance with the requirements and standards of County and State laws. No "out hcuse" soil pit orprivy type waste disposal or structures are permitted on any of the premises.
IV. SFT BACK LINES
No structure or additions or appurtenances thereto, excepting waste disposal systems or parts thereof constructed with approval of the Apache County Health Department and signs, where permitted, mmay be built, constructed or maintained except within the areas stated helow. "Set back lines" are hereby described as measured from the exterior lot lines of the total contiguous property owned by the user or builder, to the ciosest part of the structure.
1. All structures on said lots shall be of newconstruction or fabrication and must conform to standard carpentry ormasonry practices. No building shall be moved from any other location onto any ofsaid lots.
2. No permanent dwelling house or dwellingunit having a ground floor living area of less than 1200 square fect and no prefabricated orpre-erected dwelling of less than 800 square feet of ground floor living area, exciusive of open porches. portais or attached garages, if any, shall be erected, permitted ormaintained on any : said lots.
3. Any permanent structure, inciuding dwelling, garages, etc. shall be of masonry. stucco orinsulated frame construction. No tar paper, rolled asbestos roofing material, tin or sheet metal exteriors will be permitted. All dwellings shall be of neworapproved material. The exterior of any building shall becompletedwithin sixmonths from the date of commencing construction.
4. No garage orother out-building shall beused for permanent residential purposes; provided, however, that this restriction shall not prevent the inciusion of guest or servant quarters in such garage or other out-building. for the use of actual non-paying guests building after its erection and occupation.
5. Not more than one home may be placed on any one lot.
6. All outside fires,whether for cooking, camping, trash burning, or any other purpose, shall be considered as hostile and dangerous and are, for the safety of the owners and neighhors, not permitted unless cinfined to awell-built and protected fireplace of incinerator.
7. The Storage. collection, disposal and removal of all debris, garbage and trash will be the responsibility of the individual lot owner.
A. The owners of all lots shall keep the same clean of all debris, garbage and trash at ali times and if owners fail to keep their lots cleansed of such debris, garbage and trash, the developer may cause the same to be cleaned, if necessary, and charge the cost of same to the owner of such lot. Recording of a notice of such charges in the office of the Apache County Recorder shall constitute a lien against said lot which lien shall continue until released of record.
9. No livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other househoid nets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
10. Automobiles of the private passenger class and trucks of the pickup ciass may be parked on the front orside Bines of any lot. Vehicles and equipment other than described above shall not be kept or maintained within the subdivision, nor shall any vehicle be repaired or overhauled on the premises.
11. None of said lots designated herein shall be resubdivided into smaller lots.
12. No structure of any kind or nature shall be erected, permitted or maintained on, over or across the easements or reservations for utilities and/or- drainage as shown on the subdivision map except bywritten permission ofthe developer.
The foregoing restrictive covenants rur with the land andshall bebinding on all persons owning any of said lots inTrammel Estates Unit Two until January 1. 200m, at which time said restrictive covenants shall be automatically extended for successive periods of ten years each, provided however, the owners of 51% or more of the said lots mav, by mutual agreement properly r orded in the ofiice of the Apache County Recorder, amend or remove the restrictive covenants in whole or in part at any time.
Needs of convevance of said property or any part thereof may contain the above restrictive covenants by reference to this document but whether or not such refer- ence is made in such deeds, each and.all of such restrictive covenants shall be valid and binding upon the respective grantees.
Vialatien ofany one ormore of the restrictive covenants contained herein shall not defeat or render invalidthelien of anymortgage now of record or which hereaitermaybe placed of record made in good faith forvalue as to any portionof said property. But suchprovisions, conditions, restrictions and cov- enants shall beenforceable against anyportion of saidpropertyacquired by any person through foreclosure orbydeed in lieu of foreclosing. Anybreach of the provisions, conditions, restrictions and covenants contained herein, if.continued for aperiod of 30days from and after that date that the Owners, theirsuccessors of assigns, or anyowmerof any lot in said property, shall havenotified inwrit- ing the owner or leassee inpossession ofthe lot uponwhich such breach has been committed to refrain from acontinuance of such breach and to correct same,shal1 warranttheOwmers, theirsuccessors ofassigns oranyowner of:anylotinsaid propertyto apply to any court oflawor equity, having jurisdiction; thereof, for an injunction or other proper relief, and ifsuch reliefis granted, the courtmay in its discreation award to the plaintiff insuch actionhis reasonable expenses including attorney's fees. No delay or ommission on the part of Owners, their succ- essors orassigns orthe owner of other lots insaidproperty in exercisingany right, power orremedy herein provided, in the event ofanybreachofthe conditions, restrictions, covenants or reservations herein contained, shall beconstrued as a waiver thereof and no rightof action shall accrue nor shall anyaction bebrought againstthe Owners, their successors or assigns for or on account of anybreach of said provisions, conditions, restrictions, orcovenants or for impesing retrictions hereinwhichmay beunenforceable by thesaid Owners.
Invalidation ofanyone ofthese restrictive covenants byjudgmentof court order shall in rowise affect any of the other provisions which shall remain in full force and effect.
INWITNESS WHEREOF, Thel E. Gillespie and Anna Gillespie, husband and wife, andVernal Rue Hale andGeneva C. Hale, husband and wife, have hereunto signed their names, this23dayofMarch, 1977.
Thel E. Gillesple
doillv
Anna Giiiespie
STATE OF ARIZONA)
County of Apache ) SS.
Vernal Rue Rale
Dene Calale
Geneva C. Hale
On this the 234 day of March, 1977, before me, the undersigned Noraty Public, personally appeared Thel E. Gillespie, Anna Gillespie, Vernal Rue Hale and Geneva C. Hale,whoacknowledged themselves to be the owners ofthe herein described property, andas such owners havr executed the foregoing instrument for the purpose therein contained.
INVITNESS WHEREOF, I have hereunto set my hand and ffi:ia seal.
Mycomission expires April 23, 1977
Notary Public