HomeMy WebLinkAboutRevised Title Guarantee V3Form 5003353 (7-1-14)Page 1 of 4 CLTA #14 Subdivision Guarantee (4-10-75)
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBERGuarantee5003353-0009617e
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall
sustain by reason of any incorrectness in the assurances set forth in Schedule A.
This jacket was created electronically and constitutes an original document
First American Title Insurance Company
Kenneth D. DeGiorgio, President
Greg L. Smith, Secretary
For Reference:
File #: 60018490-103
Loan #: N/A
Policy #: 5003353-0009617e
Issued By:
Cascade West Title Company, LLC dba CW Title
and Escrow
11201 SE 8th Street, Suite 200.
Bellevue, WA 98004
Policy #: 5003353-0009617e
Form 5003353 (7-1-14)Page 2 of 4 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no liability
for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the public
records.
(b) (1) Taxes or assessments of any taxing authority that levies
taxes or assessments on real property; or, (2) Proceedings
by a public agency which may result in taxes or assessments,
or notices of such proceedings, whether or not the matters
excluded under (1) or (2) are shown by the records of the
taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions
in patents or in Acts authorizing the issuance thereof; (3)
water rights, claims or title to water, whether or not the
matters excluded under (1), (2) or (3) are shown by the public
records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no liability
for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters affecting the title to any property beyond the lines of
the land expressly described in the description set forth in
Schedule (A), (C) or in Part 2 of this Guarantee, or title to
streets, roads, avenues, lanes, ways or waterways to which
such land abuts, or the right to maintain therein vaults,
tunnels, ramps or any structure or improvements; or any
rights or easements therein, unless such property, rights or
easements are expressly and specifically set forth in said
description.
(b) Defects, liens, encumbrances, adverse claims or other
matters, whether or not shown by the public records; (1)
which are created, suffered, assumed or agreed to by one or
more of the Assureds; (2) which result in no loss to the
Assured; or (3) which do not result in the invalidity or potential
invalidity of any judicial or non-judicial proceeding which is
within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or
referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in
this Guarantee, or on a supplemental writing executed by the
Company.
(b) "land": the land described or referred to in Schedule (A)(C) or
in Part 2, and improvements affixed thereto which by law
constitute real property. The term "land" does not include any
property beyond the lines of the area described or referred to
in Schedule (A)(C) or in Part 2, nor any right, title, interest,
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other
security instrument.
(d) "public records": records established under state statutes at
Date of Guarantee for the purpose of imparting constructive
notice of matters relating to real property to purchasers for
value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case
knowledge shall come to an Assured hereunder of any claim of
title or interest which is adverse to the title to the estate or interest,
as stated herein, and which might cause loss or damage for which
the Company may be liable by virtue of this Guarantee. If prompt
notice shall not be given to the Company, then all liability of the
Company shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of any
Assured unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or
proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of
Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as
set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost,
to institute and prosecute any action or proceeding, interpose
a defense, as limited in (b), or to do any other act which in its
opinion may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage
to the Assured. The Company may take any appropriate
action under the terms of this Guarantee, whether or not it
shall be liable hereunder, and shall not thereby concede
liability or waive any provision of this Guarantee. If the
Company shall exercise its rights under this paragraph, it
shall do so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of such Assured to
object for reasonable cause) to represent the Assured and
shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or
expenses incurred by an Assured in the defense of those
causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
Policy #: 5003353-0009617e GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Form 5003353 (7-1-14)Page 3 of 4 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company
to use, at its option, the name of such Assured for this
purpose. Whenever requested by the Company, an Assured,
at the Company's expense, shall give the Company all
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the
action or lawful act which in the opinion of the Company may
be necessary or desirable to establish the title to the estate or
interest as stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of the
Assured to furnish the required cooperation, the Company's
obligations to the Assured under the Guarantee shall
terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of
these Conditions and Stipulations have been provided to the
Company, a proof of loss or damage signed and sworn to by the
Assured shall be furnished to the Company within ninety (90) days
after the Assured shall ascertain the facts giving rise to the loss or
damage. The proof of loss or damage shall describe the matters
covered by this Guarantee which constitute the basis of loss or
damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the Assured to provide the required
proof of loss or damage, the Company's obligation to such assured
under the Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a date
before or after Date of Guarantee, which reasonably pertain to the
loss or damage. Further, if requested by any authorized
representative of the Company, the Assured shall grant its
permission, in writing, for any authorized representative of the
Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody
or control of a third party, which reasonably pertain to the loss or
damage. All information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from third
parties as required in the above paragraph, unless prohibited by
law or governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of
Liability.
In case of a claim under this Guarantee, the Company shall have
the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to
Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee
or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lienholder, the Company shall have the option
to purchase the indebtedness secured by said mortgage or
said lien for the amount owing thereon, together with any
costs, reasonable attorneys' fees and expenses incurred by
the Assured claimant which were authorized by the Company
up to the time of purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company
offers to purchase said indebtedness, the owner of such
indebtedness shall transfer and assign said indebtedness,
together with any collateral security, to the Company upon
payment of the purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the
name of an Assured claimant any claim assured against
under this Guarantee, together with any costs, attorneys' fees
and expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for
in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosection of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary
loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent
herein described, and subject to the Exclusions From Coverage of
This Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and Stipulations
or as reduced under Section 9 of these Conditions and
Policy #: 5003353-0009617e GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
Form 5003353 (7-1-14)Page 4 of 4 CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Stipulations, at the time the loss or damage assured against
by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the estate
or interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures any other matter
assured against by this Guarantee in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable
for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a
court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any
Assured for liability voluntarily assumed by the Assured in
settling any claim or suit without the prior written consent of
the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for
costs, attorneys' fees and expenses pursuant to Paragraph 4 shall
reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee
for endorsement of the payment unless the Guarantee has
been lost or destroyed, in which case proof of loss or
destruction shall be furnished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within thirty
(30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under
this Guarantee, all right of subrogation shall vest in the Company
unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights
and remedies which the Assured would have had against any
person or property in respect to the claim had this Guarantee not
been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any
person or property necessary in order to perfect this right of
subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these
rights or remedies.
If a payment on account of a claim does not fully cover the loss of
the Assured the Company shall be subrogated to all rights and
remedies of the Assured after the Assured shall have recovered its
principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association.
Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the Assured
arising out of or relating to this Guarantee, any service of the
Company in connection with its issuance or the breach of a
Guarantee provision or other obligation. All arbitrable matters
when the Amount of Liability is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
Company and the Assured. The Rules in effect at Date of
Guarantee shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the
land is located permits a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company
at First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way, Santa Ana,
California 92707 Claims.NIC@firstam.com Phone: 888-632-1642
Fax: 877-804-7606
Form 5003353-A (7-1-14)Page 1 of 5 CLTA #14 Subdivision Guarantee (4-10-75)
Washington – Schedule A
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBERSchedule A 5003353-0009617e
Order No.: 60018490-103 Liability: $2,500.00 Fee: $350.00
Tax: $35.70
Name of Assured: Long Nguyen
Date of Guarantee: December 15, 2025
The assurances referred to on the face page hereof are:
1. Title is vested in: Long Nguyen, Thu Thuy Nguyen, and Nguyenvu Tran, all subject to the community interest of their
spouses on the date of acquiring title
2. That, according to the Public Records relative to the land described in Schedule C attached hereto (including those
records maintained and indexed by name), there are no other documents affecting title to said land or any portion
thereof, other than those shown under Record Matters in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee:
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of WA.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required
when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances
adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It
is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any
liability which may result from reliance made upon it..
By:
Patti Williams
CW Title, 180951
11201 SE 8th Street
Ste 200
Bellevue, WA 98004
Authorized Countersignature
Form 5003353-B (7-1-14)Page 2 of 5 CLTA #14 Subdivision Guarantee (4-10-75)
Washington – Schedule B
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBERSchedule B 5003353-0009617e
File No.: 60018490-103
RECORD MATTERS
1. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in acts authorizing the issuance
thereof; (C) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or
(D) Water rights, claims or title to water, whether or not the matters excepted under (A), (B), (C), or (D), are
shown by the public records.
2. General property taxes and service charges, as follows, together with interest, penalty and statutory foreclosure
costs, if any, after delinquency, (1st half delinquent on May 1; 2nd half delinquent on November 1):
Tax Year: 2025
Tax Account No. 3343901963
Amount Billed: $6,673.63 Amount Paid: $6,673.63 Amount Due: $0.00
Tax Levy Code: 2100
Assessed Values: Land: $664,000.00 Improvements: $0.00 Total: $664,000.00
3. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land
improvements are not presently assessed, but may appear on future rolls.
4. Notice of tap or connection charges, including any amendments thereto recorded subsequent to the original
notice shown below, which have been or will be due in connection with development or re-development of the
land as disclosed by recorded instrument. Inquiries regarding the specific amount of the charges should be made
to the city/county/agency.
City/County/Agency: Renton
Recorded as document #20000104000291 and 20020104002322 in the official records
5. Easement and the terms and conditions thereof:
Purpose: Electric transmission
Area affected: a portion of said premises
Recorded on September 25, 1931 as document #2691786 in the official records
6. All covenants, conditions, restrictions, reservations, easements or other servitudes, if any, disclosed by the
recorded plat of C. D. Hillman's Lake Washington Garden of Eden Division No. 4 recorded in Book 11, Page 82
as document #313825 in the official records .
This policy does not insure that the land described in schedule a is benefited by easements, covenants or other
appurtenances shown on the plat or survey to benefit or burden real property outside the boundaries of said land.
7. Matters set forth by survey recorded on December 31, 1998 as document #9812319015 in the official records
8. Please be advised that our title search did not disclose any open deeds of trust in the public record. If you have
knowledge of any outstanding obligation(s), please contact the title department immediately for further review
prior to closing.
Form 5003353-B (7-1-14)Page 3 of 5 CLTA #14 Subdivision Guarantee (4-10-75)
Washington – Schedule B
9. Matters of record against the vested parties, or persons with similar names. The vested parties are Long
Nguyen, Thu Thuy Nguyen, and Nguyenvu Tran. Matters of record are found against persons with similar
names. The effects of these matters, if any, on the subject property cannot be determined without further
information.
To determine the effects of these matters, if any, on the subject property, the vested party must provide the
company with a properly completed Statement of Identity prior to the date of recording.
After the company examines the affidavit, a supplemental report will be issued.
10. Right, title and interest of the spouse or domestic partner of Long Nguyen, Thu Thuy Nguyen, and Nguyenvu
Tran, vested owner, on October 2, 2020, the date the vested owner acquired title. The deed conveying title to the
vested owner did not disclose his or her status. If the vested owner was then unmarried and not in a domestic
partnership, or was married to a spouse who is joining in the execution of the forthcoming instrument, or was in a
domestic partnership with a partner who is executing the forthcoming instrument, a statement to that effect will be
sufficient; otherwise, any interest of the vested owner's spouse or domestic partner on that date must be cleared.
11. Matters of record against the undisclosed spouse of the vested party. Please provide the name of the spouse of
the vested party to the Company so that search can be made and matters, if any, against the undisclosed spouse
can be cleared.
12. The land described in this commitment appears to be residential in nature and may be subject to the provisions of
R.C.W. 6.13.010, et seq. (Homestead Statute), provided that the land is occupied as a primary residence. If the
land is occupied as a primary residence, R.C.W.6.13.060 requires that all documents conveying or encumbering
the land must be executed by each spouse or domestic partner, individually. Alternatively, the Company will
accept a deed identifying the non-vested spouse occupying the property as the grantor and the vested spouse as
grantee. In the event that the company receives documents to insure that are not executed as required, the
company may be unable to record or to insure the transaction. Please contact your title officer if you have any
questions.
13. Easement and the terms and conditions thereof:
Grantee: Puget Sound Energy, Inc.
Purpose: One or more utility systems
Area affected: a portion of said premises
Recorded as Instrument #20250923000130 in the official records
Form 5003353-C (7-1-14)Page 4 of 5 CLTA #14 Subdivision Guarantee (4-10-75)
Washington – Schedule C
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBERSchedule C 5003353-0009617e
File No.: 60018490-103
The land in the County of King, State of Washington, described as follows:
THE SOUTH ONE-HALF OF THE NORTH ONE-HALF OF TRACT 253, C.D. HILLMAN’S LAKE WASHINGTON
GARDEN OF EDEN DIVISION NO. 4, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS,
PAGE 82, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON.
Page 5 of 5 CLTA #14 Subdivision Guarantee (4-10-75)
Washington – Informational Notes
Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBERInformational Notes 5003353-0009617e
File No.: 60018490-103
1. In the past 36 months, there have been no conveyances of record for the property described in Schedule A
herein. Title was acquired by deed recorded as document #20201002001485 in the official records .
2. Based on information provided to the company, on the date of this commitment it appears that there is located on
the land:
Land Only
Known as:
2309 Aberdeen Avenue Northeast
Renton, WA 98056Map
3. The following may be used as an abbreviated legal description on the documents to be recorded, per amended
RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body
of the document:
PTN TRT 253, C.D. HILLMAN’S LAKE WASHINGTON GARDEN OF EDEN DIV NO. 4