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HomeMy WebLinkAboutLitigation Guarantee 902-243-009 WALTER MOAFile Number: 2026-2-69257 6328 WA Litigation Guarantee WA LITIGATION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company Guarantee No.:G-6328-000027833 Liability:$100,000.00 Fee:$ 583.00 Order No.:2026-2-69257 Dated:August 19, 2026 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. GUARANTEES Jefferson County Treasurer herein called the Assured,against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,according to the public records,on the date stated below, 1.The title to the herein described land was vested in the vestee named,subject to the matters shown as Exceptions herein,which Exceptions are not necessarily shown in the order of priority; All subject,however,to the exclusions from coverage,the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of the Guarantee. Signed under seal for the Company,but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: Authorized Countersignature Aegis Land Title Group Company Name 10356 Silverdale Way NW, Suite 100 PO Box 100 Silverdale, WA 98383 City, State File Number: 2026-2-69257 6328 WA Litigation Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1.Definition of Terms –The following terms when used in this Guarantee mean: (a)"land":the land described,specifically or by reference,in this Guarantee and improvements affixed thereto which by law constitute real property; (b)"public records":those records which impart constructive notice of matters relating to said land; (c)"date":the effective date; (d)"the Assured":the party or parties named as the Assured in this Guarantee,or in a supplemental writing executed by the Company; (e)"mortgage":mortgage,deed of trust,trust deed,or other security instrument. 2.Exclusions from Coverage of this Guarantee –The Company assumes no liability for loss or damage by reason of the following: (a)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. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee,or title to streets,roads, avenues,lanes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tunnels,ramps or any other structure or improvement;or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description. (d)Defects,liens,encumbrances,adverse claims against the title as guaranteed or other matters (1)created,suffered,assumed or agreed to by one or more of the Assured;or (2)resulting in no loss to the Assured. 3.Prosecution of Actions – (a)The Company shall have the right,at its own cost,to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed;and 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 thereof. (b)In all cases where the Company does so institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option,the name of the Assured for such purpose.Whenever requested by the Company,the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4.Notice of Loss -Limitation of Action –A statement in writing of any loss or damage for which it is claimed the Company is liable under this Guarantee shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period.Failure to furnish such statement of loss or damage or to commence such action within the time hereinbefore specified,shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5.Options to Pay,Settle or Compromise Claims –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,the Company shall have the option to purchase the indebtedness secured by said mortgage.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 the indebtedness shall transfer and assign said indebtedness and the mortgage to the Company upon payment of the purchase price. 6.Limitation of Liability –Payment of Loss – (a)The liability of the Company under this Guarantee shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall such liability exceed the amount of liability stated on the face page thereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorneys' fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for damages shall arise or be maintainable under this Guarantee (1)if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect,lien or encumbrance within a reasonable time after receipt of such notice,or (2)for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Guarantee,except for attorneys'fees as provided for in paragraph 6(b)hereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Guarantee for endorsement of such 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. (e)When liability has been definitely fixed in accordance with the conditions of this Guarantee,the loss or damage shall be payable within thirty days thereafter. 7.Subrogation Upon Payment or Settlement –Whenever the Company shall have settled a claim under this Guarantee,all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it 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 such claim had this Guarantee not been issued.If the payment does not cover the loss of the Assured,the Company shall be subrogated to such rights and remedies in the proportion which said payment bears to the amount of said loss.The Assured if requested by the Company,shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8.Guarantee Entire Contract –Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition to this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President,a Vice President,the Secretary,an Assistant Secretary or other validating officer of the Company. 9.Notices,Where Sent –All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O.Box 2029,Houston,Texas 77252-2029. 10.The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 1 of 7 Order No. 2026-2-69257 LITIGATION GUARANTEE Issued by STEWART TITLE GUARANTY COMPANY a corporation, herein called the Company SCHEDULE A Prepared by: Aegis Land Title Group, 1141422 Order Number: 2026-2-69257 Guarantee No.: 000027833 Date of Guarantee: August 19, 2026 Premium: $583.00 Amount of Liability: $100,000.00 Sales Tax: $53.64 Total: $636.64 1. Name of Assured: Jefferson County Treasurer 2. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is: Fee Simple 3. Title to said estate or interest at the date hereof is vested in: Heirs and/or Devisees of Walter A. Moa, also known as Walter A. Moa, Sr., deceased 4. The land referred to in this Guarantee is situated in the State of Washington, County of Jefferson and is described as follows: See attached Exhibit “A”. SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 2 of 7 Order No. 2026-2-69257 SCHEDULE B Order Number: 2026-2-69257 Guarantee No.: 000027833 GENERAL EXCEPTIONS FROM COVERAGE End of General Exceptions NOTE: Attention is called to the Military Reservist Relief Act of 1991 (sec. 800 to 810, Military and Veterans Code), and the Servicemembers Civil Relief Act of 2003 (50 U.S.C. Appendix, seq. 501 et seq) which replaces Soldiers’ and Sailors’ Civil Relief Act of 1940 and amendments thereto, which contain inhibitions against the sale of land under a Deed of Trust if the owner is entitled to the benefits of said acts. Also, federal law may require a judicial foreclosure, subject to applicable redemption rights, to cut off a junior United States judgment. NOTE: Attention is called to the Federal Tax Lien Act of 1966 (Public Law 89-719) which, among other things, provides for the giving of written notice of sale in a specified manner to the Secretary of Treasury or his or her delegate as a requirement for the discharge or divestment of a Federal Tax Lien in a nonjudicial sale, and establishes with respect to such lien a right in the United States to redeem the property within a period of 120 days from the date of any such sale. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 3 of 7 Order No. 2026-2-69257 SCHEDULE C Order Number: 2026-2-69257 Guarantee No.: 000027833 SPECIAL EXCEPTIONS: 1.Easement and the terms and conditions thereof: Grantee: The Pacific Telephone and Telegraph Company Purpose: Erect and maintain poles, with necessary wires and fixtures thereon Affects: The description contained therein is not sufficient to determine its exact location Recorded on July 2, 1925 as Instrument #53141 in the official records of Jefferson County Quit Claim Deed to East Peninsula Telephone Company, recorded on February 7, 1961 as Instrument #167437 in the official records of Jefferson County 2.Easement and the terms and conditions thereof: Purpose: Right to traverse existing private road Affects: The description contained therein is not sufficient to determine its exact location Disclosed in instrument recorded on October 13, 1953 as Instrument #139430 in the official records of Jefferson County 3.Right to make necessary slopes for cuts or fills upon said premises as granted by deed. Granted To:  Jefferson County Recorded on April 15, 1957 as Instrument #153389 in the official records of Jefferson County. 4.Easement and the terms and conditions thereof: Grantee: Public Utility District No. 1 of Clallam County Purpose: Electric transmission line or system Affects: The description contained therein is not sufficient to determine its exact location Recorded on June 30, 1959 as Instrument #161983 in the official records of Jefferson County 5.Agreement and the terms and conditions thereof: Recorded on June 18, 1965 as Instrument #182308 in the official records of Jefferson County Regarding: Use of spring water 6.Easement and the terms and conditions thereof: Purpose: Ingress and egress Affects: portion of said premises Disclosed in instrument recorded on March 20, 1974 as Instrument #222270 in the official records of Jefferson County 7.Easement and the terms and conditions thereof: Purpose: Ingress and egress Affects: portion of said premises Disclosed in instrument recorded on July 8, 1974 as Instrument #223978 in the official records of Jefferson County 8.Easement and the terms and conditions thereof: Purpose: Ingress and egress Affects: portion of said premises Disclosed in instrument recorded on October 12, 1976 as Instrument #237619 in the official records of Jefferson County 9.Water Service Agreement and the terms and conditions thereof: Recorded on August 6, 2013 as Instrument #578149 in the official records of Jefferson County WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 4 of 7 Order No. 2026-2-69257 10.Agreement to obtain a sewer connection & establish permanent easements for sewer lines, holding tanks and sewer effluent treatment fields and the terms and conditions thereof: Recorded on August 8, 2014 as Instrument #585471 in the official records and as Instrument #585472 in the official records of Jefferson County 11.Easement and the terms and conditions thereof: Purpose: Septic tanks and sewer line Affects: portion of said premises and other property Recorded on October 27, 2014 as Instrument #587074 in the official records of Jefferson County 12.Easement and the terms and conditions thereof: Purpose: Sewage transmission line leading from a septic tank Affects: portion of said premises and other property Recorded on October 27, 2014 as Instrument #587075 in the official records of Jefferson County 13.General taxes Unpaid and Delinquent: Year: 2023 Amount Billed: $2,577.09 Amount Paid: $0.00 Amount Due: $2,577.09, plus interest and penalty Tax Account No.: 902243009 PID: 22773 14.General taxes Unpaid and Delinquent: Year: 2024 Amount Billed: $982.52 Amount Paid: $0.00 Amount Due: $982.52, plus interest and penalty Tax Account No.: 902243009 PID: 22773 15.General taxes Unpaid and Delinquent: Year: 2025 Amount Billed: $975.40 Amount Paid: $0.00 Amount Due: $975.40, plus interest and penalty Tax Account No.: 902243009 PID: 22773 16.General taxes Unpaid and Delinquent: Year: 2026 Amount Billed: $968.24 Amount Paid: $0.00 Amount Due: $968.24, plus interest and penalty Tax Account No.: 902243009 PID: 22773 Levy Code: 0151 Property Code: 18 Total Assessed Value: $111,873.00 17.Deed of Trust and the terms and conditions thereof: Grantor:    The Estate of Walter A. Moa, Sr., deceased and The Estate of Edna C. Moa, deceased, Walter C. Moa, Jr. and Janet Moa Smith, Personal Representatives Trustee:    Jefferson Title Company Beneficiary:   Baritelle Vineyards LTD Amount:    $250,000.00 Recorded on August 6, 2013 as Instrument #578148 in the official records of Jefferson County INCLUDES OTHER PROPERTY. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 5 of 7 Order No. 2026-2-69257 End of Special Exception WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 6 of 7 Order No. 2026-2-69257 Order Number: 2026-2-69257 Guarantee No.: 000027833 INFORMATIONAL NOTES 1. NOTE: We find no pertinent matters filed or recorded against Walter A. Moa, Sr., as of the effective date of this commitment. 2. NOTE: Necessary parties to be made defendants in an action to be brought by the Assured are as follows: Parties in possession. Walter Moa 154 State Route 20 Port Townsend, WA 98368 Baritelle Vineyards LTD 131 Maynard Road Sequim, WA 98382 3. NOTE: No search of the records of the United States Bankruptcy Court has been made. 4. NOTE: The Title Company has examined our records and from such examination finds no deeds pertaining to the title to the within described land recorded within the 36 months immediately preceding the effective date of this commitment. Vesting for this title commitment is derived by Quit Claim Deeds, being recorded on July 13, 1939 as Instrument #87880 and #87881 in the official records of Jefferson County 5. NOTE: Probate proceedings for the Estates of Walter A. Moa, Sr. and Edna C. Moa entered in Jefferson County Superior Court Case No. 84-4-00076-3, in which Walter A. Moa, Jr. and Janet Moa Smith are named as the executors thereof. WA Litigation Guarantee STEWART TITLE GUARANTY COMPANY Litigation Guarantee Page 7 of 7 Order No. 2026-2-69257 EXHIBIT A Order Number: 2026-2-69257 Guarantee No.: 000027833 PROPERTY DESCRIPTION: That portion of land situate in the West part of the Donation Claim of John E. Burns in Section 24, Township 29 North, Range 2 West, W.M., in Jefferson County, Washington, more particularly described as follows: Commencing at the Southwest corner of said Burns Donation Claim; Thence East 852.5 feet; Thence North 1021.9 feet; Thence West 852.5 feet; Thence South 1021.9 feet to the point of beginning; EXCEPT that portion conveyed to E. Kent Salas in deed recorded March 20, 1962, under Auditor's File No. 171516; AND EXCEPT that portion conveyed E. Kent Salas in deed recorded March 16, 1969, under Auditor's File No. 199907; AND EXCEPT that portion conveyed to O. Kenneth Olsson in real estate contract recorded March 20, 1974, under Auditor's File No. 222270; AND EXCEPT that portion conveyed to Ralph Macri in deed recorded October 12, 1976, under Auditor's File No. 237619; AND EXCEPT that portion conveyed to Loren Peace in deed recorded July 31, 1979, under Auditor's File No. 259617; AND ALSO EXCEPT that portion conveyed to Jefferson County for road purposes on April 15, 1957, in Volume 144 of Deeds, page 592.