First American Title Company, Inc Kapiolani Boulevard Honolulu, HI 96814

Transcription

1 February 27, 2010 Company, Inc Kapiolani Boulevard Honolulu, HI Kelly Moran Hilo Brokers 400 Hualani Street Hilo, HI Phone: (808) Fax: (808) Customer Reference: Title Officer: Mila Wright Phone: (808) Fax No.: (866) Order Number: Buyer: TO BE DETERMINED Owner: Trevino Property: Old Mamalahoa Highway Pepeekeo, Hawaii We enclose the following: Commitment For Title Insurance Thank you for your confidence and support. We at Company maintain the fundamental principle: Customer First!

2 ALTA Commitment Page Number: 1 FIRST AMERICAN TITLE INSURANCE COMPANY INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office.

3 ALTA Commitment Page Number: 2 COMMITMENT FOR TITLE INSURANCE Issued by Company Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B.

4 ALTA Commitment Page Number: 3 SCHEDULE A 1. Commitment Date: February 18, 2010 at 8:00 A.M. 2. Policy or Policies to be issued: Amount (A) Owners Policy TO BE DETERMINED $PURCHASE PRICE Proposed Insured: TO BE DETERMINED (B) Loan Policy TO BE DETERMINED $LOAN AMOUNT Proposed Insured: TO BE DETERMINED, its successors and/or assigns 3. (A) The estate or interest in the land described in this Commitment is: A fee. (B) Title to said estate or interest at the date hereof is vested in: Victor Trevino, husband of Cynthia Wahlin, as Tenant in Severalty 4. The land referred to in this Commitment is described as follows: Real property in the County of Hawaii, State of Hawaii, described as follows: ALL OF THAT CERTAIN PARCEL OF LAND, BEING A PARTITION OF R. P. GRANT 3059 TO HOEE AND PAHOKOA BEING DIVISION 2 SITUATE AT OPEA, NORTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTH CORNER OF THIS PARCEL OF LAND BEING ALSO THE WEST CORNER OF DIVISION 1, REMAINDER OF R. P. GRANT 3059 TO HOEE AND PAHOKOA, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HONOHINA (OLD)", BEING FEET SOUTH AND FEET WEST AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: º 12' FEET ALONG LOT 4, GRANT 5988 TO SAMUEL HOOLUHE TO A POINT IN THE MIDDLE OF A STREAM; THENCE ALONG THE MIDDLE OF A STREAM ALONG R. P. GRANT 2999 TO NIAU, IN ALL ITS WINDINGS, THE DIRECT AZIMUTH AND DISTANCE BEING: º 28' 38" FEET TO THE JUNCTION WITH (HONOHINA) OPEA STREAM; THENCE,

5 ALTA Commitment Page Number: 4 ALONG THE MIDDLE OF (HONOHINA) OPEA STREAM ALONG THE LAND OF HONOHINA, L. C. AW AP. 18 TO M. KEOHOLOLE, IN ALL ITS WINDINGS, THE DIRECT AZIMUTH AND DISTANCE BEING: º 42' 21" FEET; º 44' FEET ALONG R. P. GRANT 914 TO KAALOA AND KAUMIUMI; º 53' FEET ALONG R. P. GRANT 915 TO KEOHOKU; 6. 45º 40' FEET ALONG DIVISION 1, REMAINDER OF R. P. GRANT 3059 TO HOEE AND PAHOKOA TO A PIPE MARKING "HONOHINA (OLD)", SAID DESTROYED TRIANGULATION STATION BEING 151º 45' 11.3 FEET FROM EXISTING HONOHINA 2 TRIANGULATION STATION; 7. 34º 20' 15" FEET (REVISED) ALONG DIVISION 1, REMAINDER OF R. P. GRANT 3059 TO HOEE AND PAHOKOA TO THE POINT OF BEGINNING AND CONTAINING AN AREA OF ACRES, MORE OR LESS. TOGETHER WITH A PERPETUAL NONEXCLUSIVE EASEMENT FOR ROADWAY PURPOSES (30- FEET WIDE) OVER AND ACROSS ROADWAY EASEMENT DESIGNATION NO. 61-A AND E-8 OVER TAX KEY NO , AS GRANTED BY GRANT OF HAKALAU SUGAR COMPANY, LIMITED, A HAWAII CORPORATION, RECORDED IN BOOK 3354 PAGE 460, ROADWAY EASEMENT DESIGNATION 61-A BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT CERTAIN PARCEL OF LAND, WITHIN R. P. GRANT 914 TO KAALOA AND KAUMIUMI BEING ROADWAY EASEMENT DESIGNATION 61-A, BEING A STRIP OF LAND THIRTY (30) FEET WIDE AND EXTENDING FIFTEEN (15) FEET ON EACH SIDE OF FOLLOWING DESCRIBED CENTERLINE SITUATE AT OPEA, NORTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTH END OF THIS CENTERLINE, BEING ALSO THE NORTHEASTERLY BOUNDARY OF DIVISION 2, R. P. GRANT 3059 TO HOEE AND PAHOKOA, THE COORDINATES OF SAID POINT OF BEGINNING REFERRED TO GOVERNMENT SURVEY TRIANGULATION STATION "HONOHINA (OLD)", BEING 1, FEET NORTH AND FEET EAST AND RUNNING BY AZIMUTHS MEASURED CLOCKWISE FROM TRUE SOUTH: ' FEET; º 08' 30" FEET, THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF FEET, THE CHORD AZIMUTH AND DISTANCE BEING: ' FEET; º 01' 30" FEET; ' FEET TO A POINT AT THE SOUTHERLY SIDE OF THE MAMALAHOA HIGHWAY. SAID EASEMENT CONTAINING AN AREA OF ACRES, MORE OR LESS. BEING ALL OF THE PREMISES CONVEYED BY WARRANTY DEED RECORDED NOVEMBER 08, 2005 AS REGULAR SYSTEM DOCUMENT NO OF OFFICIAL RECORDS GRANTOR: VICTOR TREVINO, HUSBAND OF CYNTHIA WAHLIN, AND CYNTHIA WAHLIN, WIFE OF VICTOR TREVINO GRANTEE: VICTOR TREVINO, HUSBAND OF CYNTHIA WAHLIN

6 ALTA Commitment Page Number: 5 TMK(S): (3)

7 ALTA Commitment Page Number: 6 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: (A) (B) (C) (D) (E) (F) (G) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. Pay us the premiums, fees and charges for the policy. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. Releases(s) or Reconveyance(s) of Item(s): TO BE DETERMINED Other: NONE You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: NONE (H) (I) Release(s) of Item No(s). 7 in Schedule B, Section Two, be recorded in the Official Records. Recordation of a Deed from Victor Trevino, single, as the Grantor, to Teresa Lynn Prekaski, single, to satisfy the Agreement of Sale shown as Item No. 8 of Schedule B, Section Two.

8 ALTA Commitment Page Number: 7 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are set forth in the actual policy forms. Copies of the policy forms should be read. They are available from the office which issued this Commitment. 1. Real property tax assessments for the fiscal year : Tax Map Key No.: (3) Class No.: 9 First Installment: $3,341.66, PAID, (8/20) Second Installment: $3,341.66, PAID, (2/20) 2. Title to all mineral and metallic mines reserved to the State of Hawaii. 3. Any Adverse claim based upon the assertion that: (a) (b) (c) Said land or any part thereof is now or at anytime has been below the ordinary highwater mark of the Opea. Some portion of said land has been created by artificial means or has accreted to such portion so created. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the Opea, or has been formed by accretion to any such portion. 4. Easement 61-B (30 feet wide), for roadway purposes, as described in or disclosed by the Instrument recorded as Book 3354 Page 460 of Official Records. 5. Easement E-9 (30 feet wide), for roadway purposes, as described in or disclosed by the Instrument recorded as Book 3354 Page 460 of Official Records. 6. A Grant of Easement perpetual nonexclusive easements for roadway purposes (30 feet wide) over, under, across and through Roadway Easement Designation No. 61-B and E-9, in favor of Hakalau Sugar Company, Limited, a Hawaii Corporation, its successors and assigns, recorded as Book 3354 Page 460 of Official Records. 7. A mortgage to secure an original principal indebtedness of $1,592,500.00, and any other amounts or obligations secured thereby. Dated: January 05, 2007 Mortgagor: Victor Trevino, husband of Cynthia Wahlin

9 ALTA Commitment Page Number: 8 Mortgagee: Mortgage Electronic Registration Systems, Inc., solely as nominee for CitiMortgage, Inc., a New York Corporation Recorded January 18, 2007 as Regular System Document No of Official Records. According to the public records, the foregoing document was assigned to CitiMortgage, Inc., a New York Corporation, by assignment recorded December 15, 2009 as Regular System Document No of Official Records. 8. An Agreement of Sale upon the terms, conditions and provisions contained therein; Seller: Victor Trevino, single Purchaser: Teresa Lynn Prekaski, single Consideration: $1,500, Recorded May 19, 2009 as Regular System Document No of Official Records.

10 ALTA Commitment Page Number: 9 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

11 ALTA Commitment Page Number: 10 CONDITIONS 1. DEFINITIONS (a)"mortgage" means mortgage, deed of trust or other security instrument. (b)"public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms.

12 ALTA Commitment Page Number: EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14: 1% of Policy Amount or $5, (whichever is less) $10, Covered Risk 15: 1% of Policy Amount or $5, (whichever is less) $25, Covered Risk 16: 1% of Policy Amount or $5, (whichever is less) $25, Covered Risk 18: 1% of Policy Amount or $2, (whichever is less) $5,000.00

13 ALTA Commitment Page Number: SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.

14 We Are Committed to Safeguarding Customer Information PRIVACY POLICY In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information The First American Corporation All Rights Reserved