REVISED 08/24/2006
report date unchanged
PRELIMINARY REPORT
(No Liability Hereunder)
This report (and any revisions thereto) is issued solely for the convenience of the titleholder, the titleholder's agent, counsel, purchaser or mortgagee, or the person ordering it for the purpose of facilitating the issuance of a policy of title insurance by Title Guaranty of Hawaii and no liability will arise under this report.
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SCHEDULE A
Title Guaranty of Hawaii, Incorporated, hereby reports that, subject to those matters set forth in Schedule "B" hereof, the title to the estate or interest to the land described in Schedule "C" hereof is vested in:
H.A. HOLDINGS, LTD.,
an Alberta corporation,
as Fee Owner
This report is dated as of June 30, 2006 at 8:00 a.m.
Inquiries concerning this report Inquiries concerning Escrow
should be directed to should be directed to
JOANNE BOYETTE. MICHAEL GAMBERDELL.
Email jboyette@tghawaii.com. Email mgamberdell@tghawaii.com.
Fax (808) 521-0221. Fax (808) 579-9685.
Telephone (808) 539-7725. Telephone (808) 579-8370.
Refer to Order No. 200631260. Escrow No. A62050190.
SCHEDULE B
EXCEPTIONS
1. Real Property Taxes have been fully paid up to and including June 30, 2006. (see tax statement attached)
Tax Key: (2) 2-1-003-020 Area Assessed: 37.951 acres
Land Classification: AGRICULTURAL
-Note:- Attention is invited to the fact that the premises covered herein may be subject to possible rollback or retroactive property taxes.
2. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
3. Rights of native tenants as reserved in Royal Patent Grant Number 1286.
4. DESIGNATION OF EASEMENT (15 feet wide)
PURPOSE : electrical
SHOWN : in instrument dated January 11, 2001, recorded as Document No. 2001-007552, and being more particularly described therein
5. Claims arising out of customary and traditional rights and practices, including without limitation those exercised for subsistence, cultural, religious, access or gathering purposes, as provided for in the Hawaii Constitution or the Hawaii Revised Statutes.
END OF SCHEDULE B
SCHEDULE C
All of that certain parcel of land (being all of the land(s) described in and covered by Royal Patent Grant Number 1286 to Kuhoulua) situate, lying and being at Kanaio, District of Honuaula, Island and County of Maui, State of Hawaii, and thus bounded and described:
Beginning at the southwesterly corner of this parcel of land, being also the east corner of Grant 1249 to Kaawapahulu, and the most northerly corner of Grant 2994 to Kekuhaulua, the coordinates of which point of beginning referred to Government Survey Triangulation Station "PUU OLAI" being 3,225.89 feet south and 28,935.61 feet east and running by azimuths measured clockwise from true South:
1. 202¡ 30' 1509.29 feet along Grant 1280 to Nahuewai and Grant 1241 to Ohuli to a 3/4" pipe;
2. 297¡ 30' 765.03 feet along Grant 1237 to Kiikane to a 3/4" pipe;
3. 275¡ 45' 477.00 feet along government land owned by the State of Hawaii to a 3/4" pipe;
4. 21¡ 40' 1290.00 feet along government land owned by the State of Hawaii to a 3/4" pipe;
5. 99¡ 18' 10" 1271.22 feet along Grant 2994 to Kekuhaulua to the point of beginning and containing an area of 37.951 acres, more or less.
Together with a 24 feet wide access easement for ingress and egress, as granted by FINAL JUDGMENT QUIETING, ESTABLISHING AND CONFIRMING TITLE TO REAL PROPERTY, dated January 11, 2001, recorded as Document No. 2001-007552, and subject to the terms and provisions, including the failure to comply with any covenants, conditions, and reservations, and more particularly described therein.
SCHEDULE C CONTINUED
BEING THE PREMISES ACQUIRED BY WARRANTY DEED
GRANTOR : KANAIO PARTNERS, a Hawaii limited partnership
GRANTEE : H. A. HOLDINGS, LTD., an Alberta corporation
DATED : November 19, 1998
RECORDED : Document No. 98-194472
As confirmed by FINAL JUDGMENT QUIETING, ESTABLISHING AND CONFIRMING TITLE TO REAL PROPERTY dated January 11, 2001, filed in the Circuit Court of the Second Circuit, State of Hawaii, in Civil No. 99-0311(3) on January 11, 2001, and recorded in the Bureau of Conveyances as Document No. 2001-007552 on January 18, 2001.
END OF SCHEDULE C
BUYER(S) LIEN INFORMATION
1. Title Guaranty of Hawaii, Incorporated, finds no liens docketed against KAR MING WONG and ALICEN DIANE WONG, the proposed purchaser(s).
GUIDELINES FOR THE ISSUANCE OF INSURANCE
A. Taxes shown in Schedule B are as of the date such information is available from the taxing authority. Evidence of payment of all taxes and assessments subsequent to such date must be provided prior to recordation.
B. Evidence of authority regarding the execution of all documents pertaining to the transaction is required prior to recordation. This includes corporate resolutions, copies of partnership agreements, powers of attorney and trust instruments.
C. If an entity (corporation, partnership, limited liability company, etc.) is not registered in Hawaii, evidence of its formation and existence under the laws where such entity is formed must be presented prior to recordation.
D. If the transaction involves a construction loan, the following is required:
(1) a letter confirming that there is no construction prior to recordation; or
(2) if there is such construction, appropriate indemnity agreements, financial statements and other relevant information from the owner, developer, general contractor and major sub-contractors must be submitted to the Title Company for approval at least one week prior to the anticipated date of recordation.
Forms are available upon request from Title Guaranty of Hawaii.
E. Chapter 669, Hawaii Revised Statutes, sets forth acceptable tolerances for discrepancies in structures or improvements relative to private property boundaries for various classes of real property. If your survey map shows a position discrepancy that falls within the tolerances of Chapter 669, call your title officer as affirmative coverage may be available to insured lenders.
F. The right is reserved to make additional exceptions and/or requirements upon examination of all documents submitted in connection with this transaction.
G. If a policy of title insurance is issued, it will exclude from coverage all matters set forth in Schedule B of this report and in the printed Exclusions from Coverage contained in an ALTA policy or in the Hawaii Standard Owner's Policy, as applicable. Different forms may have different exclusions and should be reviewed. Copies of the policy forms are available upon request from Title Guaranty of Hawaii or on our website at www.tghawaii.com.
DATE PRINTED: 8/24/2006
STATEMENT OF ASSESSED VALUES AND REAL PROPERTY TAXES DUE
NAME OF OWNER: H A HOLDINGS LTD
LEASED TO :
TAX MAP KEY
DIVISION ZONE SECTION PLAT PARCEL HPR NO.
(2) 2 1 003 020 0000
CLASS: 5 AREA ASSESSED: 37.951 AC
ASSESSED VALUES FOR CURRENT YEAR TAXES: 2006
This certifies that the records of this division show the
assessed values and taxes on the property designated by Tax Key shown
above are as follows:
BUILDING $ 0
EXEMPTION $ 0
NET VALUE $ 0
LAND $ 900 AGRICULTURAL USE VALUE
EXEMPTION $ 0
NET VALUE $ 900
TOTAL NET VALUE $ 900
Installment (1 - due 8/20; 2 - due 2/20)
Tax Installment Tax Penalty Interest Other Total
Year Amount Amount Amount Amount Amount
2006 2 30.00 30.00 PENDING
2006 1 30.00 30.00 PENDING
2005 2 30.00 30.00 PAID
2005 1 30.00 30.00 PAID
2004 2 30.00 30.00 PAID
2004 1 30.00 30.00 PAID
Total Amount Due: 60.00
Penalty and Interest Computed to: 7/01/2006