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.
CERTIFICATE OF RECORDING ...
STATE OF ARIZONA, COUNTY OF PINAL (88) I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILEO FOR RECORD IN PINAL COUNTY, STATE OF ARIZONA. WITNESS MY HAND AND OFFICIAL SEAL
NO: $29484
KATHLEEN C. FELIX KNAL C RESTR
When Reoorded keturn To Dinomount, Inc. P.O. Drser $67 Apache Jct., A. 95219
DECLARATION Or COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERMOSA HILLS
1377-827
DECLARATION
CF COVENANTS, CONDITIONS AND RESTRICTIONS OP
HERMOSA BILLS
THIS DECLARATION, made on the date hereinafter set forth by DINOMOUNT, INC., hereinafter referred to as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the developer and agent for the owner of certain property in Pinal County, Arizona, which is more particularly described as:
Hermosa Hills, a subdivision within Gold Canyon Ranch, Lots 1 through 116, inclusive, according to Cabinet, Slides 22, records of Pinal County, Arizona.
AND WHEREAS, legal title to said property is vested in Title Insurance Company of Minnesota, as Trustee under Trust No. 2341.
NOW, THEREFORE, Declarant and Trustee hereby declare that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, erenants, and conditions, which are for the purpose of protecting the value and desirability of, and wnich shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I DEFINITIONS
Section 1. "Association" shall mean and refer to HERMOSA HILLS HOMEOWNERS' ASSOCIATION, INC., a non-profit Arizona corporatior formed, its successors and assigns. be
to
Section 2. "Owner shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the perfornance of an obligation.
Section 3. "Fropertiss shall mean and refer to that certain real property hereinbefore described, and such additions thereto as xay hereafter be brought within the jurisdiction of the Association.
Section 4. *Common Area" shall mean al1 real proparty (including the improvements thereto) owaed by the Asociation for the comon use and enjoyment of the Owners. The Common Area to be
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owned by the Association at the time of the conveyance of the first lot is described as follows:
Tract A and Tract B of Hermose Hills, a subdivision within a portion of the S.E. Quarter of Section 8, Township 1 South, Range 9 East, GilaSalt River Base Pase & Meridian, Pinal County, Arizona, lying within Gold Canyon Ranch.
Section 5. "Lot" shall mean and refer to any plct of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 6. "Declarant" shall mean and refer to DINOMOUNT, INC., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
ARTICIE I1 PROPERTY RIGATS
Section 1. Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurteant to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge reasonable admission and other fees for the use of any recreatioasl facility situsted upon the Common Area;
(b) the right of the Association to suspend the votir.g rights and right to use the recreational facilities by an Owner for any period during which any assessment against his Lot renains unpaid; and for a period not to exceed sixty (60) days for any infraction of its pubiished rules and regulations;
(c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subjlect to such conditions as may be agreed to by the members. No such dedication or transfer shail be effective unless an instrurent agreeing to such dedication or transfer signed by two-thirds (2/3) of each class of members has been recorded.
Section 2. Dalegation of Ust. Any Owner may delegate, in accordance with the By-Lavs, his right of enjoyment to the Common Area and facilities to the membere of his family, his tenants, or contract purchasers who reside on the property.
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ARTICLE III
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shal1 be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment.
Section 2. The Association shall have two classes of voting membership:
Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. when more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot.
Class B. The Class B member(s) shall be the Declarant anp shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier:
(a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or
(b) on January 1, 1990.
COVENANT
ARTICLE FOR MAINTENANCE ASSESSMENTS
Section
and 1. Creation of the Lien Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvenents, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, conte, and ressorable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property agsinst which each assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shal1 also be the personsl obligstion of the person who was the Owner of such property st the time whan the assessment fell due. The personal obligation for delinquent asssssments shall not pass to his Buccessors in title unless expressly assumed by them.
Section 2. Declarent Exemption. No lien for assesements shall attach to Lots held by Declarant. Declarant's obligation for asnessments on unsold Lots shall be limited to the difference betveen the actual operating coste of the Assoclation, iacleding reserves, and the Assessments actually levied against lots and their Ovners to whom title has besn conveyed. In no event, however, shall Deciarant te required to meke a contribution greater than that for whieh it would otherwiss be responsible if it were paying
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of a Lot in the subdivision. At the end of said five-year period, the fund may be distributed in equal proportions to the then lawful owners of record.
Each party who acquires any interest in all or part of the property described herein further agrees, that upon such acquisition of an interest in all or part of this real property, said acquiring party does not have nor ahall not exert any right or claim against trustee shown herein for any breach or failure of trustee to enforce all cr part of the covenants, conditions and restrictions set forth herein, but shall look to the other property ovners acquiring an interest in said property, and/or DINONOUNT, INC., or the Beneficiaries of Trust 2341, their successors and assigns, for any performance or relfaf deemed equitable, or necessary for enforcement of the covenants, conditions and restrictions contained herein.
Saction 2. Severability. Invalidation of any one of thase covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force end effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run vith and bind the land, for a term of twenty (20} years from the date this Declarstion is recorded, efter which time they shall be automatically extended for successive periode of ten (10) yoars. This Declaration may be amended during the first tweaty (20) year period by an instrument signed by not less than ninety percent (90) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (754) of ths Lot Ownmers, Any amendment must be recorded.
Section 4. Annexation. Additional residential property pr and Comon Area may be annexed to the Properties vith the consent of two-thirds (2/3) of each class of members.
Section 5. FHA/VA Approval. As long as there i2 a Class B membership, the following actions will require the prior spproval of the Federal Housing Adæinistration or the Veterans Administration: annexation of additional properties, dedication of Common Area, and arendnent of this Declaration of Covenants, Conditions and Restrictions.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this th day of Derenber , 19 85
DINOMOUNT, INC.
Declarant
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Title Insurance Compeny of Ninnesota, a Minnesota corporation, es Trustee
ay: Kkait
TtsAssistant Trust Officer
State of Arizena
County of Maric
On this the l0th day of Januery, 1906, before me, the undersimed officer, personslly appeared Karl Zalot who ackrowledged himself to be the Trust Officer of TITLE INSURANCE COMPANY OF MIRNESOTA, Minnesota corporation, as Trustee, and that he as tuch officer, being authorized so to do executed the foregoing fnstrument for the purposes therein contaised, by signing the nam of the corporation as Trustee by himself as such officer.
IN WITHESS WHEREOF, i hereunto set my hand and afficia1
My Cossission Expifres: 12-15-87
Botary Public
County of Pinal
1985, before ne, in thts the 4ih day of ecat the undersigned officer, personally sapearedreld Christ who acknowledged himsalf to be the Thesdeat or 1nomognt, Inc., an Illincis corperation, and that he as such efficer, baing suthorízed se to do executed the foregoing instrument for the purposes therein contsined, by signing the name of the corporation by hisself as such officer.
IN WITNESS WHEREOF, I hereunto set #y hand and official seal.
My Commtsion Expires: 7-21-89
