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HomeMy WebLinkAbout63-94 RESOLUTIONN4ICROFILMED RESOLUTION NO. 6 3- a n S CA N N E D A RESOLUTION ACCEPTING REAL PROPERTY BEING CONVEYED TO THE CITY OF FAYETTEVILLE BY WALTER R. AND MAJORIE H. NIBLOCK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: section 1. That the City Council hereby accepts property conveyed to the City by Walter R. and Majorie H. Niblock, consisting of four tracts of land near Tin Cup Creek and is the site of a proposed Community Center, as more fully set forth in Exhibit A attached hereto and made a part hereof. Such conveyance Gall conditioned upon use of site for a community center. I S PASSED AND APPROVED this 17th day of May , 1994. ATTEST: By: Sherry LFThomas, City Clerk By. /411��— F Hanna, Mayor F 'Y A -ETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE MEMORANDUM DATE: May 16, 1994 TO:. Sherry Thomas, City Clerk FROM: Ed Connell, Land AgenteAOZ4�;p SUBJECT: Niblock Real Property Gift to City of Fayetteville Please find enclosed the original Quitclaim Deed (94026793), dated April 30, 1994, from Walter R. Niblock and Marjorie H. Niblock to the City, in which they conveyed - as a gift - four parcels of land, (listed below and described in "Exhibit A" to the Quitclaim Deed). Tract 1 - Parcel No. 765-12800-000 (0.202 ac.) with improvements Tract 2 - Parcel No. 765-02963-000 (0.085 ac.) unimproved Tract 3 - Parcel No. 765-06387-000 (0.806 ac.) unimproved Tract 4 - Parcel No. 765-12808-000 (0.286 ac.) with zero value improvements Also included are Closing Statements and Title Insurance Policy (No. 569956) for the four tracts of real property. If you have any questions, give me a call at 415. EDCIkd Attachments ' 94 (Ifi,? 4 An 11 38 wr�GO AR QU I T C LA = M D E E D KNOW ALL MEN BY THESE PRESENTS: That we, WALTER R. NIBLOCK, and MARJORIE H. NIBLOCK,-Husband and Wife, hereinafter called Grantors, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to me in hand paid by THE CITY OF FAYETTEVILLE, ARKANSAS, A MUNICIPAL CORPORATION hereinafter called Grantee, do hereby grant, sell and quitclaim unto said Grantee to the following described land, situate in WASHINGTON COUNTY, STATE OF ARKANSAS, to -wit: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION, To have and to hold the said lands and appurtenances thereunto belonging unto the said Grantee and Grantee's successors and assigns, forever. WITNESS our hands and seals on this day of 1994. THIS INSTRUMENT PREPARED BY: THE NIBLOCK LAW FIRM P.O. Drawer 818 Fayetteville, AR 72702 (Seal) Walter R. Niblock `-3 THE NIBLOCK LAW FIRM 20 EAST MOUNTAIN ST, • DRAWER 838 FAYETTEVILLE, ARK. 72702-0838 1-501-521-5510 Niblock ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS COUNTY OF WASHINGTON) tZo-j BE IT REMEMBERED that on this day of , �- 1994, before the undersigned notary public, duly commissioned and acting in and for the County and State aforesaid, personally appeared Walter R. Niblock, and Marjorie H. Niblock, husband and wife, both known to me to be the persons subscribing to the above and foregoing and who acknowledged and stated to me that they had signed the same for the purposes and considerations therein contained and set forth. WITNESS my hand and seal as sugh notary public on this --2� day of ,� G�-2.[' ,, Yt 994. .-1 _.-. My'Commission Expires: OFFICIAL SEAL KATHERINE C. GAY NOTARY PUBLIC - ARKANSAS WASHINGTON COUNTY M7 CommissION EXPIRES: 04.01-2A04 X ry Public THE NIBLO" LAW FIRM 20 EAST MOUNTAIN ST. • DRAWER 818 FAYErfEVILLE, ARK. 72702-0818 1-501521-5510 94026'194 r TRACT 1 EXHIBIT "A" (0, 2.62.¢,0 A part of the Northwest Quarter of the Southwest Quarter of Section Fifteen (15), in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point which is 266 feet South and 466 feet East of the Northwest corner of said 40 acre tract, and running thence East 89 feet; thence South 99 feet, thence West 89 feet'. thence North 99 feet to the place of beginning, being the West Half of Lot 22 in the County Court plat of the Southwest Quarter of Section 15, Township 16 North, Range 30 West., in the City of Fayetteville, as shown by plat recorded in the office of the Circuit Clerk and Ex -Officio Recorder of said County, and being the West Half of Lot Eleven (11) in said County Court plat as shown by the Burns and McDonnell Sewer Map of the City of Fayetteville. TRACT 2 i6 S- -epew id. Lot Numbered One (1) in Block One (1) of Boles Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. TRACT 3 ./� t' 7dJ_ nO4 e 7-000 Lots 8, 9, 10, 11, 12, 13 and 14, Block 2, Hicks Addition to the City of Fayetteville, as per plat on file in the office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas. TRACT 4 — 76S=1�haP'—oma ..x6 e�G) A part of the NW 1/4 of SW 1/4 of Section 15, Township 16 North, Range 30 West, described as commencing- from an existing railroad spike at the Northwest corner of said NW 1/4 of the SW 1/4; thence along the West line thereof South 00 degrees 24 minutes 56 seconds East 650.43 feet; thence along the North right-of-way of Rock Street North 88 degrees 58 minutes 21 seconds East 694.88 feet to the point of beginning; thence North 00 degrees 24 minutes 56 seconds West 115.00 feet; thence North 88 degrees 58 degrees 21 minutes East 108.85 feet; thence South 00 degrees 24 minutes 56 seconds East 115.00 feet; thence along the North right-of-way of Rock Street South 88 degrees .58 minutes 21 seconds West 108.85 feet to the point of beginning, containing 0.287 acres, more or less, Fayetteville, Washington County, Arkansas. (Said parcel also being a part of Lot 28 in the County Court Plat of the NW 1/4 of the SW 1/4 of Section 15, Township 16 North, Range 30 West to the City of Fayetteville, as recorded in the Office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas.) 4, Alae KoUffoyor, C1rcillf Clerk and &-afflclo Recorder for ttomi,tington County Arkanras, do hweby certify that this in- tstrument vvaa fil :d for record in my office as indicci« d heeon and tho some is now duly recorded wi* the ocknowle-jigement and cert;t;co:* t;'n rain in Record Book orad Page as ind cn-cra thereon, IN W; i i'vi 0 WWREOF, I hove hereunto set my hand and aMmed the seal of sold Court on tho dote Indicated hereon. Alma Koilmeyer Circuit Clerk and Ex -officio Record bM Form No, 1402-87 (4-6-90) ALTA Owner's Policy POLICY OF TITLE INSURANCE ISSUED BY .First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: i. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. S•C h MER/46 C _. . 4 V BRONSON ABSTRACT CO. 3810 Front Street Suite 4 Fayetteville, AR 72703 (501)442-2700 Agent for: First American Title Insurance Company First American Title Insurance Company i 44 BY A/) t PRESIDENT H 569956 ATTEST �tt/GG r'\ lf�'�"�Y� SECRETARY c -•G4 moo- o d •, 9fi8 a �'�flFi3tt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known'to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had palagainst the named insured, those who succeed to the interest named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mat- ters affecting the land. (d) "land": the land described or referred to in Schedule (A), 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), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (t) "public records": records established under state statutes at Date of Policy for the purpose of imparting con- structive notice of matters relating to real property to pur- chasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TiTLE, CONDITIONS AND STIPULATI0NS the basis of loss ordamageand shall state, to the extent possi- ble, the basis of calculatrn.9 the amount of the loss or damage. if the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, pros- ecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. in addition, the insured claimant may reasonably be re- quired to submit to examination under oath by any authorized representative of the Company and shall produce far examina- tion, 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, corre- spondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damaga. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- tody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reason- able judgment of the Company, it is necessary in the adminis- tration of the claim. Failure of the insured claimant to submit for examination under oath, produceother reasonably request- ed information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this policy as to that claim 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY, incase of a claim underthis policy, the Companv shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together With any costs,' attorneys' tees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or ten- der of payment artd which the Company is obligated to pay. (b) In the event of any litigation, including 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 insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany may pay under any policy insuring a mortgage towhich exception is taken in Schedule B or towhich the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss ordestruc- tion shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely Iixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, ail right of subrogation shall vest in the Company unaffected by any act of the insured claimant ti I of Poficy in favor, of an insured only so long as the insured retains an estate or interest in the land, or holds an indebted- ness secured by a, purchase, money mortgage given by a purchaser from the insured, or only so tong as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estateor interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (i) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Com- pany 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 insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unrea- sonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lienor encumbrance orother matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurredby the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) 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 the title to the estate or interest, as insured, or to pre- vent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litiga- tion to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or pro- ceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Com- pany's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effectin) settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, aproot of loss or damage signed and swornto by the insured claimant shall be furnished to the Company within 40 days atter the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or hen or encumbrance on the title, or other matter insured against by this policy which constitutes and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant () to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claim- ant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured 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 either of the options provided for in paragraphs (b)(i) or (i), the Company's obli- gations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, pros- ecute or continue any Irhgatiom 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of mat- ters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: i) the Amount of Insurance stated in Schedule A; or, it the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of insurance stated in Schedut�e A at the Date of Policy is less than 8O percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which in- creases the value of the insured estate or interest by at feast 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: () where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Com- pany shall only pay the loss pro rata in the proportion that 120 percent of the Amount of insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the Improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule (A)(C) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an ex- press statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarket- ability of title, all as insured, 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. rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this polfdy not been,issued. If requested by the Com- pany, the insured claimant Shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant 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 insured claimant, the Company shall be sub- rogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. It loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against non-insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limita- tion, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only it the laws of the state in which the land is located permit 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 juris- diction thereof. The law of thesitus 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 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and con- tract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action as- serting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice Presi- dent, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. 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 policy and shall be addressed to the Company at 114 East Fifth Street, Santa Ana, California 92701, or to the office which issued this policy. w 0 1.r>, wl FiI$llijItr%I1N 1114 11 M I W 1111(alloillioNo III ' T-1 ,_�.,, ,�-��tt� ►Hsi ,� r SEPTEMBER N, b Policy No.569956 SCHEDULE A Amount of insurance: $21,000.00 Premium: STANDARD Date of Policy: MAY 13, 1994 AT 7:00 A. M. 1. Name of Insured: File No.FATIC 94-5277 THE CITY OF FAYETTEVILLE, ARKANSAS, a municipal corporation 2. The estate or interest in the land described herein and which is covered by this policy is fee simple and is at Date of Policy vested in: THE INSURED 3. The land referred to in this policy is described in the said instrument, is situated in the County of WASHINGTON, State of ARKANSAS, and is identified as follows: TRACT 1 A part of the Northwest Quarter of the Southwest Quarter of Section Fifteen (15), in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: Beginning at a point which is 266 feet South and 466 feet East of the Northwest corner of said 40 acre tract, and running thence East 89 feet; thence South 99 feet, thence West 89 feet; thence North 99 feet to the place of beginning, being the West Half of Lot 22 in the County Court plat of the Southwest Quarter of Section 15, Township 16 North, Range 30 West, in the City of Fayetteville, as shown by plat recorded in the office of the Circuit Clerk and Ex -Officio Recorder of said County, and being the West Half of Lot Eleven (11) in said County Court plat as shown by the Burns and McDonnell Sewer Map of the City of Fayetteville. TRACT 2 Lot Numbered One (1) in Block One (1) of Boles Addition to the City of Fayetteville, Arkansas, as per plat of said addition on file in the office of the Circuit Clerk and Ex -Officio Recorder of Washington County, Arkansas. TRACT 3 COUNTERSIGNED BY: BRONSON ABSTRACT COMPANY, INC 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 ********************************* FIRST AMERICAN TITLE INSURANCE COMPANY ********************************* Policy No.569956 SCHEDULE A File No.FATIC 94-5277 Lots 8, 9, 10, ll, 12, 13 and 14, Block 2, Hicks Addition to the City of Fayetteville, as per plat on file in the office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas. TRACT 4 A part of the NW 1/4 of SW 1/4 of Section 15, Township 16 North, Range 30 West, described as commencing from an existing railroad spike at the Northwest corner of said NW 1/4 of the SW 1/4; thence along the West line thereof South 00 degrees 24 minutes 56 seconds East 650.43 feet; thence along the North right-of-way of Rock Street North 88 degrees 58 minutes 21 seconds East 694.88 feet to the point of beginning; thence North 00 degrees 24 minutes 56 seconds West 115.00 feet; thence North 88 degrees 58 degrees 21 minutes -East 108.85 feet; thence South 00 degrees 24 minutes 56 seconds East 115.00 feet; thence along the North right-of-way of Rock Street South 88 degrees'58 minutes 21 seconds West 108.85 feet to the point of beginning, containing 0.287 acres, more or less, Fayetteville, Washington County, Arkansas. (Said parcel also being a part of Lot 28 in the County Court Plat of the NW 1/4 of the SW 1/4 of Section 15, Township 16 North, Range 30 West to the City of Fayetteville, as recorded in the Office of the Circuit Clerk and Ex --Officio Recorder of Washington County, Arkansas. COUNTERSIGNED BY: BRONSON ABSTRACT COMPANY, INC 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 FIRST AMERICAN TITLE INSURANCE COMPANY Policy No.569956 SCHEDULE B File No.FATIC 94-5277 This policy does not insure against loss or damage by reason of the following: I Rights or claims of parties other than Inssured in actual possession of any or all of the property. 2 Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 3 Unfiled mechanics` or materialmen's liens. 4 Loss arising from security interest evidenced by financing statements filed of record, as of the effective date hereoof, under the Arkansas Uniform Commercial Code and Judgement Liens and other liens of record in any United States District Court or Bankruptcy Court in the State of Arkansas, as of the effective date. 5 Loss arising from Oil, Gas or other minerals, conveyed, retained, assigned or any other activity caused by the sub -surface rights or ownership, including but not limited to the right of ingress or egress for said sub -surface purposes. 6 This policy does not insure acreage, any mention thereof is for descriptive purposes only. 7 Loss arising from any judgment or lien, concerning Child Support or Alimony payments, rendered or construed under or pursuant to Act 983 of 1985 Statutes of the State of Arkansas. 8 General Taxes for the year 1994 and subsequent years not yet due and payable. 9 Right of way granted to the City of Fayetteville, Arkansas, across Tract 3, described in record book 1373 at page 521. 10 Unrecorded easements; discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. BRONSON ABSTRACT COMPANY, INC 28 EAST CENTER STREET FAYETTEVILLE, AR. 72701 ********************************* FIRST AMERICAN TITLE INSURANCE COMPANY 2 O - CENTER 1D' W MOUNTAIN tat z W I►\ O OP: O 1 C � r o f 1 Z 4. w1 I Z 2; it Ln r 4Q' ; RbCK n 16� 2634.39 IS W w Q 1 e. • �.. .,e• i r ��� 1'; 2• 3 4 `�� 6 I 8 0, 24W tA,_1 7 I 2� . 4 : 5 Z f` o s 3 W 7# 6 Q 3: f `\QS 2 ♦ :8 . Gj J g 3 J_ .h 9 4� 44 Q J 0. � j 1 M I �,5,� -- • __ 4 2 - - - 37, k4 r 6Y•� D �4 Y �� t� :B Z 7 Q ° `` - 1 _ W t 7:.,7 �Q' — } 4 - ,j5 Q 7 10 1 ' `\ f = 8 Q 4A 5 Q 10" 2 I Q V .9 2 8 ,2 F 11:10 2°b 21' •12 I7 23 14 1 v 4QI� 12 ��� •• O • . :14 � C! •\ 13 6� r ,f 3 5 � :1 ^• Q. .. 22 17 8: 21::18 Z O 20,_19 M� m --M nmM� 4 3 tat W J O O 1 O1 C � r o i 1 b n 16� 2634.39 IS W w Q 1 e. • �.. .,e• i r ��� 1'; 2• 3 4 `�� 6 I 8 0, 24W tA,_1 7 I 2� . 4 : 5 Z f` o s 3 W 7# 6 Q 3: f `\QS 2 ♦ :8 . Gj J g 3 J_ .h 9 4� 44 Q J 0. � j 1 M I �,5,� -- • __ 4 2 - - - 37, k4 r 6Y•� D �4 Y �� t� :B Z 7 Q ° `` - 1 _ W t 7:.,7 �Q' — } 4 - ,j5 Q 7 10 1 ' `\ f = 8 Q 4A 5 Q 10" 2 I Q V .9 2 8 ,2 F 11:10 2°b 21' •12 I7 23 14 1 v 4QI� 12 ��� •• O • . :14 � C! •\ 13 6� r ,f 3 5 � :1 ^• Q. .. 22 17 8: 21::18 Z O 20,_19 M� m --M nmM� 4 3 PURCHASERS STATEMENT DATE April 30, 1994 PURCHASER The City of Fayetteville. Arkansasa muniQiRZ- corpora t n SELLER Walter R, Niblock and Marjorie H. Niblock husband and wife STREET ADDRESS LEGAL DESCRIPTION part NW1 SW} Section 15 Township 16 North Rapg 3t1gWR-S—t. etr. SALES PRICE $ (GIFT) EXPENSES OF PURCHASE: G TITLE INSURANCE CLOSING FEE RECORDING FEES PREPARING DOCUMENTS SURVEY REVENUE STAMPS LAWYERS OPINION TOTAL EXPENSES OF CLOSING: GROSS AMOUNT DUE FROM PURCHASER CREDITS DUE TO PURCHASER: $ 100.00 $ EARNEST MONEY $ PRORATED TAXES 1993 $ 132.01 MORTGAGE ASSUMED $ E, TOTAL CREDITS: $_ 132.01 NET AMOUNT DUE FROM PURCHASER AT CLOSING $ 67.99 1S79�3 The undersigned acknowledge the receipt of this closing statement and agrees to the correctness thereof, and authorizes the disbursement of the funds as stated therein.. THE CITY OF FAYETTEVIILLLE, ARKANSAS BY, PU ASER PURCHASER .The above is a complete, true and correct account of funds received and disbursed in connection with the above transaction. BRONSON f1BSTRACT COMPANY, INC. BY OS NG AGENT ` WALTER R. 4R MARJORIE NIBLOCK SFFtNCDAU 22137 LIC. 0408-0564 0408-0556 WCiRTHEN SSN 431-34-9833 431.50-8916 NATIONAL BANK OF NORTHWEST ARKANSAS P. O. BOX i$2 FH. 501-521-5510 FAYETTEVILLE. ARKANSAS 72742 81-856!829 FAYETTEVILLE, AR 72702 5-13-94 ag =I V _ '! PAY Five hundred thirty-six and 90/100-------------- --- DOLLARS 536.90 0 TO THEWALTER R. OR MARJORIE NIBLOCK ORDER OF f/+� GGL+�GC�G "�"� YGLt��G�. /> Gj-� +'•!✓.�?G f . II20 2 2 13 ?II' j:08 2908 S 601:4 S80 1 ?oil 1 DETACH AND RETAIN THIS STATEMENT WALTER R. OR MARJORIE NIBLOCK THS ATTACH80 CHECK IS tN PAYMENT OP ITLMS 000CRIOBO OSLOW. IF NOT CORRECT PLEASE NOTIFY UO PROMPTLY, NO RSCSIPT DESIRHO. DELUXE - FORM WVC-2 V-7 1993 r. e. taxes of 404.89 1994 pro -aced taxes 132.01 t C SELLERS STATEMENT DATE 4130194 SELLER Walter R. Niblock and kariorie H. Niblock, husband and wife BUYERS The City of Fayetteville, Arkansas, a municiRal corporation STREET ADDRESS LEGAL DESCRIPTION Part NW} SW{ 15-16-30 etc. SALES PRICE $ OTHER CREDITS: $ EXPENSES OF SALE: TITLE INSURANCE $ CLOSING FEE $ RECORDING FEES $ PREPARING DOCUMENTS $ SURVEY $ REVENUE STAMPS $ EARNEST MONEY $ SALES COMMISSION $ MORTGAGE PAYOFF $ TAXES 1993 $ 404.89 TAX PRORATION 1994 $ 1,1,2.01 $ M u TOTAL EXPENSES OF CLOSING: FROM NET AMOUNT DUE TG(SELLER -is The undersigned acknowledge the receipt of this closing statement and aqrees to the correctness thereof, and authorizes the disbursement of the funds s R Wa(ter Niblock SELFjtA Marjorie H. Niblock The above is a complete, true and correct account of funds received and disbursed in connection with the above transaction. BRONSON BSTR CT COMPANY, INC. BY C OSI G AGENT j/06/94 I i Closing costs on the Gift Acquisition of Walter R. and Majorie H. Niblock properties Donation THIS CHECK MUST BE PRESENTEE WITHIN 60 DAYS FROM OA: E CITY OF FAYE T TES/ILLE FAYE : T4VILLE. ARKANSAS GENERAL FUND PAY TO THE ORDER OF CHECK NO. 157963 CHECK NO.157963 :Mc ILROY BANK .z2a *****67 DOLLARS AND 99 CENTS***** DATE CHECK MO, AIMCIU*:F 05/06/94 157963 $67.99 Bronson Abstract Company, Inc. P.O. Box 1149 - Y-..--/—/�/}--. �,�y_�. �. •. =;':=::-;`R: Fayetteville, AR 72702:' • �.:,'t'-^•��.,��I�•isT�A+A,_^v^E sESyiCEtr�tsot+i.::c;..:.: j..:� I►' L S 796 31i' 1:08 29008? 21: 484 L98to4ill 06 I I • i, F• rte... C% 1973 SCP 12 RN ! 1' 22 VIAE1411VON COUNTY. ARK I1d THE CHANCERY COURT OF TE 13Ili�;kC�QL;ti A ARKANSAS STATE OF ARKANSAS PLAINTIFF vs. No. 17150 DELINQUENT LANDS IN WASHINGTON COUNTY, ARKANSAS, FORFEITED FOR NON-PAYMENT OF TAXES AND r SOLD TO THE STATE OF ARKANSAS, 1960 FORFEITURE DEFENDANT, WALTER R.• NXBLOCK INTERVENOR MONTY GLORIOSO and WIFE and ARKLA-TEX LAND COMPANY THIRD -PARTY DEFENDANTS DECREE Now on this day of. �..�.� 19 , comes on for hearing the Petition of the State of Arkansas to quiet and confirm title in and to the following described lands in the State of Arkansas, and/or its doneea, purchasers or redemptors, the State of Arkansas appearing by its attorney, Mahlon Gibson, Prosecuting Attorney for the Fourth Judicial Circuit, the Intervenor appearing in person and by his attorney, Bobby L. Odom, the third party defendants, Monty Glorioso et ux and Arkla-Tex Land Company appeared not although called three times to the Bar of this Court, and from said Petitions and Interventions, proof of publication, Report of the duly appointed Attorney ad Litem, Bob i. Mayes, Report from the office of, the Secretary of. State, State of Arkansas, pursuant to the provisions of Act 576 of 1965, the Court finds= (1) That this Court has jurisdiction over the parties hereto and the lands hereinafter described. (2) That the third -party defendants, Monty Glorioso et ux and Arkla-Tex Land Company are wholly and totally in default herein, they having failed to plead, answer or demur in any form or y _. - N ; fashion, (4) 'That the allegations'containecl in the Intervenors Complaint are:true. (S) That the complaint of the Stat, of Arkansas against the following'described lands in Washington County, Arkansas,*;: t0 -wit: A part of the Northwest Quarter-(NW4of the Southwest Quarter.(SW4) of•.Section Pifteen•(lSi in Township Sixteen (16) ,North of Range . Thirty : (3(}) ,!Vest, and being more.partieularly-described as follows, to=wit: Beginning at.a point.vhich.,is 266 feet South And 466 feet East'of? the Nortliwest•corner'of said forty (40) acre tract, and: running thence East 89 feet,.,thence South 99 feet, thence'WesE'89 feet, thence -North 99 feet to the point. of beginning* *being the - West half of Lot 22 in the County•.Court Plat' of the", Southwest.Quarter•(S14h) of Section 1S, Township. 16, North of .Range, 30 West, -in the City of- Fayetteville; ; as showri`hy plat• recorded:_in the -Office of. the Circuit; Clerk' and Px.;Officio•- Recorder .of -,Washington. County, and being. tile, Nest" half '001) of. Lot 11,in..said County Court Plat as shown'hy_ the Burns• McDonnell. Sewer ?Sap of the City -of. Fayetteville.. ' Ate.:: should tie dismissed,(}' SII (6) That all taxes for the year ^1972 and prior years have bean fully paid, (7) That the State band Commissioner for the State of ,Arkansas should reimburse to the third -party defendants any and all sums received from said third -party defendants.* (8) That State Tax Deed LUC104879 recorded in Deed Book ,...: .:. 612 at Page 167 should lie sed aside and held for nought. (9) That the Clerk of this Court should make two (2) certified copies of this Decree slowing disposition of this tract of land and that she should deliver one copy to the Clerk of the 11ashington County Court and one copy to the Commissioner of State Lands. (I)) That there are no adverse occupants'upon said IT IS THEREFORE. CONS IDI-Ivl;l), ORDERED, ADJUDGED AND DECREED that the plaintiff's•complaint against the,aforedescribed lands be, and the same hereby is, dismissed. IT IS FUR THER ORDERED that the Clerk of, this Court shall make two (2) certified.copies of this Decree showing disposition of this tract of land and she shall deliver one copy thereof to the Clerk of the County Court of Washineton County, and one cony v: to the Commissioner of State Lands. IT IS FURTHER ORDERED that title to said lands described herein be, and the same hereby is, -confirmed, quieted and vested in fee simple absolute in Walter R. Nibiock, as against all other persons, £ireis or corporations, said lands being described as follows, to -wit: A part of the Northwest Quarter (NW4) of the Southwest Quarter (SWh) of Section Fifteen (1S) in Township Sixteen (16) North of Range Thirty (30) gest and being more particularly described as follows, to -wt: Beginning at a point which is 266 feet South and 466 feet Past of the Northwest corner of said forty (40) acre tract, and running thence East 89 feet, thence South 99 feet, thence West 89 ,feet, thence North 99 feet to the point of beginning,; being the West half of Lot 22 in the County Court Plat of the Southwest Quarter (Sift,) of Section 15, Township 16 north of Range 30 Nest in the City of Fayetteville, as shown by plat recorded in the office of the Circuit Clark and Ex -Officio Recorder of Washington County, and being the West half (Wh) of Lot 11 in said County Court Plat as shown by the Burns McDonnell Sewer Asap of the City of Fayetteville. IT IS FURTHER CONSTDERED, ORDERED, ADJUDGED AND DECREED that State Deed LUC104879 be, and the same hereby is, cancelled, set aside and held for nought. IT IS FURTHER CONSIDERED, ORDERED, ADJUDGED .AND DECREED that the Commissioner of State Lands be, and he horeby is, ordered to reimburse to Monty Glorioso et ux all sums paid by the said Monty Glorioso at ux to the Commissioner of State Lands for said Monty Glorioso*s intended purchase of•the above-described lands. IT IS SO ORDERED. is+,:.:',.:•gig:.; a, -��: Cil' •t.!' '&iic R�-�'t••�..+!•.�.-- I t9e?vy Cop D V4S811V6to 3.3,9 IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSA Ko S4SUNty TQM Yti WALTER R. NIBLOCK and MARJORIE H. NIBLOCK, Husband and Wife vs. PLAINTIFFS/and EX -PARTE PETITIONERS NO. jE �,2—IZf(a DECREE Now on this day of , 1982, comes on to be heard the Complaint of the plaintiffs and ex -parte Petitioners for confirmation of title to the following described land situate in Washington County, Arkansas, to - wit: Tract 1 Lots 8, 9, 10, 11, 12, 13, and 14, Block 2 Hicks Addition to the City of Fayetteville, as per plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, as per plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, and Tract 2 Lot Number One (1) in Block Number' One (1) in Boles' Addition to the City of Fayetteville, Arkansas. Boles' Addition is laid out in the Northwest quarter of the Southwest quarter of Section Fifteen (15), in Township Sixteen (16) North, Range Thirty (30) West. Plat is recorded in Record "X" at page 76. Tract 3 A part of the NW'k of the SWk of Section 15, T -16-N, R -30- W described as commencing from an existing Railroad Spike at the NW Corner of said NWk of the SW4; thence along the West line thereof S 00-24-56 E 650.43 feet; thence along the North Right -Of -Way of Rock Street N 88- 58-21 E 694.88 feet to the point of beginning; Thence N 00-24-56 W 115.00 feet; Thence N 88-58-21 E 108.85 feet; Thence S 00-24-56 E 115.00 feet; Thence along the said North Right -Of -Way of Rock Street S 88-58-21 W 108.85 feet, to the point of beginning, containing 0.287 acres, more or less, Fayetteville, Washington County, Arkansas. Said parcel also being a part of Lot 28 in the County Court Plat of the NW4 of the SWC of Section 15, T -16-N, R -30-W to the City of I.AW OFFICES OF WALTER A NISLOCK 20 EAST MOUNTAIN ST MRAWER 618 FAYETTEVILLE. ARK, 72761 1-501-521-5510 r - t9e?vy Cop D V4S811V6to 3.3,9 IN THE CHANCERY COURT OF WASHINGTON COUNTY, ARKANSA Ko S4SUNty TQM Yti WALTER R. NIBLOCK and MARJORIE H. NIBLOCK, Husband and Wife vs. PLAINTIFFS/and EX -PARTE PETITIONERS NO. jE �,2—IZf(a DECREE Now on this day of , 1982, comes on to be heard the Complaint of the plaintiffs and ex -parte Petitioners for confirmation of title to the following described land situate in Washington County, Arkansas, to - wit: Tract 1 Lots 8, 9, 10, 11, 12, 13, and 14, Block 2 Hicks Addition to the City of Fayetteville, as per plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, as per plat on file in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County, Arkansas, and Tract 2 Lot Number One (1) in Block Number' One (1) in Boles' Addition to the City of Fayetteville, Arkansas. Boles' Addition is laid out in the Northwest quarter of the Southwest quarter of Section Fifteen (15), in Township Sixteen (16) North, Range Thirty (30) West. Plat is recorded in Record "X" at page 76. Tract 3 A part of the NW'k of the SWk of Section 15, T -16-N, R -30- W described as commencing from an existing Railroad Spike at the NW Corner of said NWk of the SW4; thence along the West line thereof S 00-24-56 E 650.43 feet; thence along the North Right -Of -Way of Rock Street N 88- 58-21 E 694.88 feet to the point of beginning; Thence N 00-24-56 W 115.00 feet; Thence N 88-58-21 E 108.85 feet; Thence S 00-24-56 E 115.00 feet; Thence along the said North Right -Of -Way of Rock Street S 88-58-21 W 108.85 feet, to the point of beginning, containing 0.287 acres, more or less, Fayetteville, Washington County, Arkansas. Said parcel also being a part of Lot 28 in the County Court Plat of the NW4 of the SWC of Section 15, T -16-N, R -30-W to the City of I.AW OFFICES OF WALTER A NISLOCK 20 EAST MOUNTAIN ST MRAWER 618 FAYETTEVILLE. ARK, 72761 1-501-521-5510 r Page 2 Fayetteville, as recorded in the Circuit Clerk's Office of Washington County, Arkansas. And from said Complaint, notice of filing thereof by the Clerk of this Court, proof of publication thereof in the Northwest Arkansas Times, a newspaper published in Washington County, Arkansas, showing publication in the time, form and manner as required by law, and a Clerk's certificate showing taxes paid on said lands by these plaintiffs and ex -parte Petitioners, and those under whom they claim title for more than seven years, affidavit of adverse possession and other matters, things and proof appearing before the Court, the Court doth find. (1) That the plaintiffs and ex -parte petitioners herein are the owners of the lands described hereinabove. (2) That the plaintiffs and ex -parte petitioners and those under whom they claim title have paid the taxes on said lands for more than seven (7) years continuously. (3) That there are no adverse occupants on said land. (4) That the notice of the filing of this Petition and all other matters pertaining thereto has been accomplished in the time, form and manner as required by law. (5) That title in and unto the lands described hereinabove should be confirmed in these plaintiffs and ex - parte petitioners against all other persons, firms or corporations, IT IS THEREFORE, by the Court, CONSIDERED, ORDERED, ADJUDGED AND DECREED that title in and unto the lands described herein be, and the same hereby is, forever quieted and confirmed in the plaintiffs and ex -parte petitioners and that the costs of this proceeding should be borne by said plaintiffs and ex -parte petitioners. LAW OFFICES OF WALTER R. MSLOCK 20 EAST MOUNTAIN ST . ORAWER 818 tl FAYETTEVILLE, ARK, 72701 , 1-501-52t-5510 Zk': IT IS SO ORDERED. Page 3 LAW OFFICES OF WALTER R N18LOCK 20 EAST MOUNTAIN ST ! DRAWER Sla FAYETTEVILLE. ARK. 72701 1.501.521.5510