Notice Preserve Interest With Quitclaim and Trustees Grant Deed

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NOTICE Of lNTENT TO PRESERVE INTEREST AND mJIlJIII J IIII 1111 III III .,... 1 ~ Recording Requested by: ! William 1. Brainard I P. O. Box 413 ! Big Oak Fiat, Ca_ 95305 l and del iver too. l ; l i ! s l I I 1 1 1 I l l L •. _ ..... Official Se31 of the OfficeiFjt-~; E:i:j 11 ej&l:kj.1.. 4i!J ~'dgt? 1 of 11 ~~:1/4/2~i1 03:10P ;~~cil.,..Ji n~ ReQuested By: PUBUC - -GUUNH-.k - fil~d & ~!cilrJed In Ufficial Records 01 luUlfl'( lit 1UULlIhNt: ii,U4 Ukff4NU COUNIi' flltIJKVl:l< ::2t?:~44.l1ei Assessor's Parcel Number: 066-680-11 NOTICE OF INTENT TO PRESERVE INTEREST AND TITLE Index ing instructions; This notice must be indexed as follows: Grantor and grantee index; Claimant Wi lIiam J. Brainard, Grantor; Giving notice to preserve h is interests and rights in real property title from extinguishment pursuant to Title 5 of Part :2 of Division :2 of the Civil Code (commencing with Section 880.020; Marketable Record Title). Claimant/Grantor:: William.J. Brainard Mailing address: P. O. BOX 413, BIG OAK FLAT, CA. 95305. Interest Character; Title Trustee; YOSEMITE NATfONAL LAND TRUST in perpetuity, all rights reserved pursuit to jurisdiction of the Laws of the United States of America and the State of California along with Claimant's Declaration of United States Land Patent Number 2314 incorporated herewith and made a part at"; Recorded; 01/07/2010; Tuolumne County Records; Pages: 7 Doc# 20]0000145. LEGAL DESCRIPTION: For all that land in Tuolumne County, California; known and described in full as; Parcel 22 as shown and designated on that certain PARCEL MAP filed in the Office of the county Recorder of Tuolumne County, California on December 12, 1976 in Volume 9 of Parcel Maps at Page 98, Tuolumne County Records and as recorded in Tuolumne County Records being a part of the Lots numbered One and Two and the South half of the North East quarter of Section Six in Township Two South of Range Sixteen East of Mount Diablo Meridian in California containing One Hundred and Fifty Seven acres and forty seven hundredths of an acre; Issued; April 9, 1892, To; Gianbatista Musante, Recorded; May 13,1893, in Book El of Patents at Page 148, Tuolumne County Records and Trustee's Grant Deed herewith and made a pan of; transferred and recording jurisdiction ; Civil Code of the State of California, i --- - ---, I Certified by the Official Seal of the Office of Tuolumne County Recorder I Iii, :<i .. r~:-:\"<' '~.-f~. /\ r~~:u~ ~:'Gf:'~: CfF THt; ! I < -, ~ 0-'--"'-'1_' ! I c" .- iJA:fr~t~·;~ ~)1'\ ~1 I I ,~ .. --- .)'." ,.,.... ~ ,"~ r.~r-....,.....- ~l:~ .1j. ~~I-P-~~ ! ! ~,J .~ .: ': ' •. _",/ ,t' _', ~~'~ -: ~~~:~ ~f~: :~\ ::":~~~ ~.':;,.~; ,'~:~ .: ':::~~~~~ ~\"~.~; ;'I;~ I j '.. s...' ~'~'1. t' ~ \::"""'~ I h.':"_~_~"""~"JL·.~,·.·, -e • ," }"')~ '\ •••• (1}u\,. ( ! i ~ ~ d. I I &1I~7f t~~C?Jv ~1fU<!Zr 'i I (I f I l ---- ,--5 ~ .•• ---- I of3 j i I I I ! i , i I ! I 1

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Transcript of Notice Preserve Interest With Quitclaim and Trustees Grant Deed

Page 1: Notice Preserve Interest With Quitclaim and Trustees Grant Deed

NOTICE Of lNTENT TO PRESERVE INTEREST AND mJIlJIII J IIII 1111III III.,...1~ Recording Requested by:! William 1. BrainardI P. O. Box 413! Big Oak Fiat, Ca_ 95305l and del iver too.l;li

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Official Se31 of the OfficeiFjt-~; E:i:j11 ej&l:kj.1.. 4i!J~'dgt? 1 of 11~~:1/4/2~i1 03:10P;~~cil.,..Jin~ ReQuested By:PUBUC - -GUUNH-.k -fil~d & ~!cilrJed In Ufficial Records01 luUlfl'( lit 1UULlIhNt:ii,U4 Ukff4NUCOUNIi' flltIJKVl:l<::2t?:~44.l1ei

Assessor's Parcel Number: 066-680-11

NOTICE OF INTENT TO PRESERVE INTEREST AND TITLEIndex ing instructions;

This notice must be indexed as follows: Grantor and grantee index;

Claimant Wi lIiam J. Brainard, Grantor; Giving notice to preserve h is interests and rights in real propertytitle from extinguishment pursuant to Title 5 of Part :2 of Division :2 of the Civil Code (commencing withSection 880.020; Marketable Record Title).

Claimant/Grantor:: William.J. Brainard

Mailing address: P. O. BOX 413, BIG OAK FLAT, CA. 95305.Interest Character; Title Trustee; YOSEMITE NATfONAL LAND TRUST in perpetuity, all rights reservedpursuit to jurisdiction of the Laws of the United States of America and the State of California along withClaimant's Declaration of United States Land Patent Number 2314 incorporated herewith and made a partat"; Recorded; 01/07/2010; Tuolumne County Records; Pages: 7 Doc# 20]0000145.

LEGAL DESCRIPTION:For all that land in Tuolumne County, California; known and described in full as; Parcel 22 as shown anddesignated on that certain PARCEL MAP filed in the Office of the county Recorder of Tuolumne County,California on December 12, 1976 in Volume 9 of Parcel Maps at Page 98, Tuolumne County Records andas recorded in Tuolumne County Records being a part of the Lots numbered One and Two and the Southhalf of the North East quarter of Section Six in Township Two South of Range Sixteen East of MountDiablo Meridian in California containing One Hundred and Fifty Seven acres and forty seven hundredths ofan acre; Issued; April 9, 1892, To; Gianbatista Musante, Recorded; May 13,1893, in Book El of Patents atPage 148, Tuolumne County Records and Trustee's Grant Deed herewith and made a pan of; transferredand recording jurisdiction ; Civil Code of the State of California,

i --- - ---,I Certified by the Official Seal of the Office of Tuolumne County Recorder IIii, :<i ..r~:-:\"<' '~.-f~./\ r~~:u~~:'Gf:'~:CfF THt; !I < -, ~ 0-'--"'-'1_' !I c" .- iJA:fr~t~·;~~)1'\~1 II ,~..--- .)'.",.,....~ ,"~r.~r-....,....•.- ~l:~ .1j. ~~I-P-~~ !! ~,J .~ .: ': ' •. _",/ ,t' _',~~'~ -: ~~~:~~f~::~\::":~~~~.':;,.~;,'~:~.: ':::~~~~~~\"~.~;;'I;~ Ij '..s. ..' ~'~'1. t' ~ \::"""'~ I h.':"_~_~"""~"JL·.~,·.·,-e • ," }"')~ '\ •••• (1}u\,. ( !

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1'10TICE OF iNTENT TO PRESERVE INTEREST AND TiTLE

But it is thought that true doctrine of "color of tile" is that which in appearance istitle but which in reality is no title. [fn1] Color of title is anything in writing purportingto convey title to land which defines extent of claim. It being immaterial how defective orimperfect writing may be so that it is sign, semblance, or color of title [fn2J

Trustee's Deed Upon Sale; [fn3 J 1) This conveyance is made in compliance withthe terms and provisions of the Deed of Trust [fn4J ... under the authority and powersvested in the Trustee designated in the Deed of Trust ; 2) That by reason thereof thebeneficiary under said Deed of Trust, has executed and delivered to said duly appointedTrustee, a written Declaration of Default and Demand for Sale, [£115Jand has depositedwith said duly appointed Trustee, said Deed of Trust and all documents evidencingobligations secured thereby, and has declared and does hereby declare all sums securedthereby immediately due and payable and has elected and does hereby elect to cause thetrust property to be sold to satisfy the obligation secured thereby; being an instrumentof conveyance in the chain of color of title and United States Land Patent 2314;[fno,"] most essential written instrument of conveyance not in the chain of color of title.A land patent by statute belongs to the person in whom, for the time being such title maybe vested and passes with the title;

Trustee's Deed Upon Sale ; written instrument of color of title and last writteninstrument of conveyance in the chain of color of title evidenced by the Judicially NoticedTitle Report; in a true chain of title and upon its face is an impossibility;

Trustee's Deed Upon Sale; purports to convey title to the grantees, whenin fact the Trustee's Grant Deed; [fn8] is vested for the time being with the mostessential written instrument of conveyance and passes with the title. [f119]

At law a land patent is not title to the land; but evidence of title to the land;Plaintiffs' Trustee's Deed Upon Sale; being color of title is not vested with

evidence of Title and their cause is res judacata ; Sustained by the United StatesSupreme Court; "a patent is the highest evidence of title, and is conclusive against thegovernment and all claiming under junior titles, until it is set aside or annulled by somejudicial tribunal." [Stone v. United States, 1 Well. (67 U.S. 765 (1 865)J; And;

"The land patent is the highest evidence of title and is immune from collateral attack"[Raestle v. Whitson, 582p. 2d 170,172 (1978)];

"a patent to land is the highest evidence of title and may not be collaterally attacked"[State v. Crawford, 441p2d 586,590 (Ariz. app.1968)];the patent is prima facie conclusive evidence of the title." [Marsh v : Brooks, 49 U.S.223,233 (1850)];And;

"a patent issued by the government of United States is legal andconclusive evidence of title to the land described therein, noequitable interest, however strong, to land described in suchpatent can prevail at law, against the patent." [Land Patents,Opinions of the United States Attorney General's office.(Sept. 1869)]

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r SEAL OF TUOLUMNE '

IIj .I COUNT'{ RECORDER I'!! I~ .....__. --..I

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NOTICE OF INTENT TO PRESERVE INTEREST AND TITLE

[1) Wilson v. Atkinson, 77 Cal. 486, II Am. St. Rep. 299, 20 Pac. 66[2] Veal v. Robinson, 70 Ga. 809, 816[3] Trustee's Deed Upon Sale; Tuolumne County Records; 06/09/2010; Pages; 2 Doc# 20 I0006767[4] Deed of Trust; Tuolumne County Records; 05/09/2006; Pages; 5 Doc# 2006008189[5] Notice of Default; Tuolumne County Records; 10/22/2009; Pages; 2 Doc# 2009013476[6] U. S. Land Patent No. 2314; Issued 04/09/1892; To; Gianbatista Musante; Recorded: 051l3!1893; in Book E1of Patents at Page 148; Tuolumne County Records.[7] California Civil Code Section; 1093.[8] Trustee's Grant Deed; To; "William J. Brainard; Tile Trustee; YOSEMITE NATIONAL LAND TRUST inperpetuity, all rights reserved pursuit to jurisdiction of the Laws of the United States of America and the State ofCalifornia along with Claimant's Declaration of United States Land Patent Number 2314 incorporated herewithand made a part of'; Recorded; 01107/2010; Tuolumne County Records; Pages; 7 Doc# 2010000145[9] California Civil Code Section; 994

I assert under penalty of perjury this Notice is not recorded for the purpose of slandering Title to real property and Iam informed and believe the information contained here in is true and correct.

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£:/~/ /) /07/00/0

STATE OF CALIFORNIA

County of Sacramento

On t:ec.embt'i;l7,~ before me, PI4. ~n,lJcJ!t:-,/'#.;,126;;~ , anotary public personally appeared William James Brainard, who provelto me on the basis of satisfactory evidenceto be the person whose name is subscribed to the within instrument and knowledge to me that, he executed thesame in his authorized capacity, and that by his signature on the instrument the person or entity upon behalf ofwhich the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph isI true and correct.

SEAL OF TUOLUMNE

30f3 COUNTY RECORDER

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RECORDING REQUESTED BY:YOSEMITE TITLE CO.

Assessor's Parcel Number: 066-680-12

SEND CORRESPONDENCE:TRUSTEEc/oP. O. BOX 413BIG OAK FLAT, CA. 95305

I DECLARE THE DOCUMENTARYTRANSFER TAX TO BE:0.00

QUITCLAIM LAND TITLE DEED

FOR A VALVE CONSIDERED receipt of which is hereby acknowledged, William J. Brainard;

Hereby Transfers By This Grant His Interest To; William J. Brainard;

AU that land in Tuolumne County, California; complete Legal Land Title Description is Parcel 22 as shown anddesignated on that certain PARCEL MAP filed in the Office of the county Recorder of Tuolumne County,California on December 12, 1976 in Volume 9 of Parcel Maps at Page 98, Tuolumne County Records and asrecorded in Tuolumne County Records being a part of the Lots numbered One and Two and the South half ofthe North East quarter of Section Six in Township Two South of Range Sixteen East of Mount Diablo Meridianin California containing One Hundred and Fifty Seven acres and forty seven hundredths of an acre; Issued;April 9, 1892, To; Gianbatista Musanta, Recorded; May 13, 1893, in Book El of Patents at Page 148,Tuolumne County Records herewith and made a part of and Trustee's Grant Deed; Recorded; July 31, 2009,herewith and made a part of; convened and recorded by jurisdiction of; Civil Code of the State of California;Section; 1047; the real property is not in the "unincorporated area of the County of Tuolumne, State ofCalifornia" a fiction.

V~S4A-h~/M/William . Braina

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STATE OF CALIFORNIA

County of Tuolumne

On October 12,2010, before me Tyler A Bland, a notary public personally appeared William James Brainard, who provedto me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument andknowledge to me that, he executed the same in his authorized capacity, and that by his signature on the instrument theperson or entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the lawsof the State of Califomia that the forgoingparagraph is true andcorrect.

WITNESS my hand and officiaJ seal.

s;~-~~-FfTYLER A. BLAND

Commission # 1822620i•.-,,;'It Notary Public· California ~z ", . Tuolumne County .••.J. •'~: ¥ .MISoe"} tx~r!s~01L\;2a1~

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RECORDING REQUESTED BY:

TITLE TRUSTEEP.O. BOX 29BIG OAK FLAT, CA. 95305

i),]c,':j .2'k•.i 000~ 1.-4!::.oPaqe 1 of 7Date:1/'/ /2~ilb 09:; 14A~~t?ct)l'JingI{eques/;ed By:PUBLIC - WUNWit-'il~t1 8 ReCLll'dt?d in Ufficial i~ecordsof Wlilfi Y Ur 1UliLUHNE

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TRUSTEE'S GRANT DEED

Assignee's Declaration of Original Land Grant and Notice of Pre-emption Rightalong with Claimant's Declaration of United States Land Patent Number 2314.

FOR VALUE CONSIDERED William J. Brainard, Title Trustee, YOSEMITE NATIONALLAND TRUST, HEREBY Grants In Trust;

THE real property with all personnel property in Tuolumne County, California ASSESSORPARCEL NUMBER 066-680-12, (legal description) PARCEL 22 as shown and designated on that certainPARCEL MAP filed in the Office of the County Recorder of Tuolumne County, California oil December12, 1976 in Volume 9 of Parcel Maps at Page 98, Tuolumne County Records along with Assignee'sDeclaration of Original Land Grant and Notice of Pre-emption Right incorporated herewith and made a partof;

TO William J. Brainard, Title Trustee, YOSEMITE NATIONAL LAND TRUST in perpetuity,all rights reserved pursuit to jurisdiction of the Laws of the United States of America and the State of .California along with Claimant's Declaration of United States Land Patent Number 2314 incorporatedherewith and made a part of. .

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STATE OF CALIFORNlA----County of \ UO\lA- M..-I"\(_

On 0~~ 7 J-o\o ,before me ".i'ru- A· b\~~ I D:C\0~ ~v..b\\c..personally a~ William J. Brainard, who prov; to me on the basis of satisfactory eVi{kJ; e to be theperson whose 'name is subscribed to the within uistrument and acknowledged to me that, he executed thesame in his authorized capacity, and that by his signature on the instrument the person, or the entity uponbehalf of which the person acted, executed the instrument,

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.

WITNESS my hand and official ;f.seal.. ~Slgnatur~L ..~

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TYlER A. BLANDCommission # 1822620Notary Public - California f

Tuolumne County ..£Mv Comm. Expires Nav 15, 2012

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ASSIGNEE'S DECLARATION OF LAND GRANT ANDNOTICE OF PRE-EMPTION RlGHT.

THIS DECLARATION IS PART AND PARCEL OF THE TRUSTEE'S GRANT DEED.

TO ALL THOSE TO WHOM THESE PRESENTS SHALL COME, KNOW YE:

Pursuant to the Declaration ofIndependence [1776], the Treaty of Peace with Great Britain (8 Stat. 80)known as the Treaty of Paris [1783], an Act of Congress [April 24, 1820J, the Treaty of GuadalupeHidalgo, 9 Stat. 869 [June 15, 1846], the Homestead Act [1862], an Act of Congress [1851] et seq. [March3, 1891J and 43 USC Sections 57, 59 and 83; the recipient hereof is mandated by Art. VI Sections 1,2 and3; Art. IV Sections 1, 2c1.1, 3cl. 1 and 2, and Section 4; the 4th, 7th, 9th and 10th Amendments (U.S.Constitution [178 I-9 IJ; to acknowledge Assignee's Declaration of Land Grant and Notice of Pre-EmptionRight, prosecuted by authority of Art ..III Section 2 cl. 1 and 2, and enforced by original/exclusivejurisdiction there under. .

IT IS HEREBY ORDAINED AND ESTABLISHED BY ORDER OF LAW, THAT:I, William 1. Brainard, (Title Trustee, YOSEMITE NATIONAL LAND TRUST) am Assignee in law andbona fide subsequent possessor by contract, of that certain legally described portion of Land Granted underOriginal Land Patent Certificate Number 2314, duly authorized to be executed in pursuance of Supremacyof Treaty Law, Citation and Constitutional mandate, herein referenced, whereupon a duly authenticated trueand correct legal description, together with any and all hereditament, pre-emption rights, the lawful andvalue considered for which is appended hereto, and by reference, incorporated herein, made a part hereofthe Original Conveyance.

DISCLAIMER: ASSIGNEE'S LAWFULLY SEISED IN DEED AND LAWFUL ENTRY IS INCLUSIVEOF SPECIFICALLY THAT CERTAIN LEGALLY DESCRIBED PORTION OF THE ORlGINALGRANT OR PATENT NO. 2314 AND NOT THE WHOLE THEREOF, INCLUDINGHEREDITAMENT, TENEMENTS, PRE·EMPTION RIGHTS APPURTENANT THERETO.THE RECORDING OF THIS INSTRUMENT SHALL NOT BE CONSTRUED TO DENY ORINFRINGE UPON ANY OTHERS RIGHT TO CLAIM THE REMAINING PORTIONTHEREOF. ANY CHALLENGES TO THE VALIDITY OF THIS DECLARATION ANDNOTICE ARE SUBJECT TO THE LIMITATIONS REFERENCED HEREIN.

Assignee's DECLARATION OF LAND GRANT JURISDICTION

THE RECIPIENT HEREOF IS MANDATED by Article 6, paragraph 2 and 3 ofthe U.S.Constitution, Section 1 of the 14th. Amendment, enforced under Section 3 of the 14th Amendment andSection 3 (1) of Article III of the U.S. Constitution.

This Document is deemed attached to all Deeds and/or Conveyances in the name of the partybelow shown as requiring recording ofthis document, in a manner known as nunc pro tunc (as it shouldhave been done in the beginning), by order of U.S. Supreme Law mandate as endorsed by case history ascited hereinafter.

IT IS HEREBY ESTABLISHED BY ORDER OF LAW THAT William 1. Brainard, (Title TrusteeYOSEMITE NATIONAL LAND TRUST) DOES CERTIFY AND DECLARE THAT IAM ASSIGNEETO LAND PATENT CERTIFICATE NUMBER 2314, A CERTIFIED COPY OF WHICH ISATTACHED HERETO. I FURTHER CERTIFY THAT I AM THE ASSIGNEE TO A PORTION OFSAID PATENT WHICH IS LEGALLY DESCRIBED WITHIN THE AIT ACHMENTS HERETO ANDTHUS MADE A PART HEREOF.

NO CLAIM IS MADE HEREIN THAT I HAVE BEEN ASSIGNED THE ENTIRE TRACT OFLAND AS DESCRlBED IN THE ORIGINAL PATENT. MY ASSIGNMENT IS INCLUSIVE OF ONLYTHE ATTACHED LEGAL DESCRIPTION. THE FILING OF THIS DECLARATION OF LANDPATENT SHALL NOT DENY OR INFRINGE ON ANY RIGHT, PRIVILEGE OR IMMUNITY OFANY OTHER ASSIGNEE TO ANY OTHER PORTION OF LAND COVERED IN THE ABOVE

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DESCRIBED PATENT NUMBER.IF THIS LAND PATENT IS NOT CHALLENGED BY A LA WFULL Y QUALIFIED PARTY

UNDER EXCLUSIVELY ORIGINAL UNlTED STATES JURISDICTION IN A COURT OF LAWWITHIN 60 DAYS FROM THE DATE OF FILING, THEN THE ABOVE DESCRIBED PROPERTYSHALL REMAIN MINE AS AN ALLODIAL FREEHOLD, AND THIS LAND PATENT IS BROUGHTUP TO DATE IN MY NAME, SUBJECT TO THE LIMIT AnONS STATED HEREIN.

I) NOTICE AND EFFECT OF LAND PATENT. A Grant of land is a public law standing on thestatute books of the State, and is notice to every subsequent purchaser under the conflicting sale afterward:Wineman vs Gastrel, 54 FED, 819,4 CCA 596, 2 US APP 581.

A Patent alone passes title to the Grantee: Wilcox vs Jackson, 13 PET (U.S.) 498, 10 LED 264.

Where the United States has parted with title by a patent legally issued, and upon surveys legally madeby itself and approved by the proper department, the title so granted cannot be impaired by any subsequentsurvey made by the government for its own purposes,Cage ve Danks, 13. LA. Ann 128.

2) LAND TITLE TRANSFER. The existing system of land transfer is a long a tedious processinvolving the observance of many formalities and technicalities, a failure to observe anyone of which maydefeat title, even where these have been most carefully complied with, and where the title has been traced toit's source, the purchaser must, but at his peril, there always being, in spite of the utmost care andexpenditure, the possibility that his title may turn out bad: Yeakle, Torrence System 209.

If this Land Patent is not challenged, as stated above, within 60 days, it then becomes our property, asno one else has followed the proper steps to get legal title, the final certificate or receipt acknowledging thepayment in full by a homesteader or preemptor is not legal effect a conveyance ofland. U.S. vs Steenerson,50 FED 504, 1 CCA 552, 4 U.S. APP 332.

A Land Patent is a conclusive evidence that the Patent has complied with the act of Congress asconcerns improvements on the land, etc: Jankins vs Gibson, 3 LA ANN 203.

This Declaration is the only way a Perfect Title can be had in our names, Wilcox vs Jackson, 13 PET.(U.S.) 498, 10 LED 264: all questions offact decided by the General Land Office are bindingeverywhere, and injunctions and mandamus procee dings will not lie against it: Litchfield vs The Register,9 Wall. (U.S.) 575,19 LED 681.

11EMORANDUM OF LAW ON RIGHTS, PRIVILEGES AND IMMUNITIES

Transfer by patentee ... "Title and rights of bona fide purchaser from patentee ...will be protected."United States vs Debel, (1915, C8 sd) 227 F 760: United States vs Beaman, (1917, CAS Colo) 242 F 876:State vs Hewitt Land Co., (1913) 74 Wash 573, 134P 474 from 43 USCS & 15, n 44.

AS AN ASSIGNEE, WHETHER HE BE THE FIRST, SECOND OR THIRD PARTY TO WHOMTITLE IS CONVEYED SHALL LOSE NONE OF THE ORIGINAL RIGHTS, PRIVILEGES ORIMMUNITIES OF THE ORIGINAL GRANTEE OF LAND PATENT. The U.S. Constitution says inArticle I Sec. 10: "No State shaU impair the obligations of Contracts."

EQUAL RIGHTS PRIVILEGES AND IMMUNITIES ARE FURTHER PROTECTED UNDER THE14th AMENDMENT TO THE U.S. CONSTITUTION WHICH SAYS: "No State ...shall deny to anyperson within it's jurisdiction the equal protection of the law."

In cases of ejectment, where the question who has the legal title, the Patent of the government is

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unassailable. Stanford vs Stanford, 139 U;S. 642, 35 LEd 290.

In Federal courts, the Patent is held to be the foundation of title at law. Fenn vs Holmes. 21 Howard481.

TIvfMUNITY FROM COLLATERAL ATTACK: Collins vs Bartlett, 44 Cal371; Weber vs PereMarquette Boom Co., 62 Mich 626, 30 NW 469; Surget vs Doe, 24 Miss 118: Pittsmont Copper Co. vsVanilla, 71 Mont 44,227 Pac 46, Green vs Barker, 47 Neb 934 66 NW 1032.

THE FOLLOWING CERTIFIED DOCUMENTS ARE ATTACHED TO THIS DECLARATION:UNITED STATES LAND PATENT CERTIFICATE NUMBER 2314;

GRANT DEED IN TRUST WITH LEGAL DESCRIPTION OF PORTION OF SAID PATENT .

_L./ '77l 'JoIO~

.. ~Ll/?~Willi . Brainard, Assignee .

STATE OF CALIFORNIA

County 0[-.3~Q'u ..-"I.-"-e.On II ON ..J-ex-\f 7, 2a \ 0 , before me - l~,es- A. g~ 1)0., (\D~ W61;c..,personally appeared WIlliam J. Brainard, who prov(; to me on the basis o(satisfactory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me that, he executed thesame in his authorized capacity, and that by his signature on the instrument the person, or the entity uponbehalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of Cali fomi a that the foregoingparagraph is true and correct.

:::~j~. ~DECLARATION OF UNITED STATES LAND PATENT

QJ TYLER A. BLAND•• •. . . Commission # 1822620 z0« Me 0: Notary Publle - Cellfornla zz· •... »z ' . Tuohzmne County ••t."~...M!~o~"1i:xer~s~o:!,5:~

United States Land Patent Number 2314, issued on the Ninth day of April in the Year of our Lord onethousand eight hundred and ninety two, and of the Independence of the United States the One Hundred andSixteenth.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Benjamin Harrison.

KNOW ALL MEN BY THESE PRESENTS:

That I, do certify and declare that I brought up this United States Land Patent in my name. Property sosought to be PATENTED, and legally described and referenced under Patent Number 2314 listed above is:Tuolumne County Records: Lots number one and two and the South half of the North East quarter ofSection Six in Township Two South of Range Sixteen East of Mount Diablo Meridian in Californiacontaining 157.47 Acres (minus 37.83 Acres).

No claim is made herein that claimant has been assigned the entire tract of land described in the

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Original Patent. This assignment is inclusive only of the above legal description. The filing ofthisDeclaration of United States Land Patent shall not deny or infringe on any right, privilege or immunity ofany other assignee to any other portion of land covered in the above described Patent Number 2314.

I, do swear and state that the above is true or is believed, by me to be true and correct to the best of myability and knowledge.

L/7/J,O!O9~~ . ~ Claunant

STATE OF CALIFORNlA..-.--

County of I V. 0 \ "-'.. I"'- •.•..L--.-.- L ~

On \S().S::~ 1. 20\0 ,beforeme~ \e.s A. ~\D-.A<l- 0- N,)~'( PbtDP Cpersonally appe; d William J. Brainard, who proved 0 me on the basis of satisfa6tory evidence to be theperson whose name is subscribed to the within instrument and acknowledged to me that, he executed thesame in his authorized capacity, and that by his signature on the instrument the person, or the entity uponbehalf of which the' person acted, executed the instrument

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoingparagraph is true and correct.

TYLER A. BLANDCommission # 1822620 ..Notary Public. Calffornia ~

TUOlumne County _Comm. EXDlres Nov 15. 2012

GRANT DEED AND LEGAL DESCRIPTION OF PORTION OF SAID PATENT

Legal Description: PARCEL 22 as shown and designated on that certain PARCEL MAP filed in the Officeof the county Recorder of Tuolumne County, California on December 12, 1916 in Volume 9 of Parcel Mapsat Page 98, Tuolumne County Records, (containing 31.83 Acres) as recorded in Tuolumne County Recordsbeing a part of the: Lots number one and two and the South half of the North East quarter of Section Six inTownship Two South of Range Sixteen East of Mount Diablo Meridian in California containing 157.47Acres (minus 37.83 Acres). .

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Page 10: Notice Preserve Interest With Quitclaim and Trustees Grant Deed

RECORDING REQUESTED BY AND WHEN RECORDEDMAIL DOCUMENT AND TAX STATEMENT TO: IYOSEMITE NATIONAL LAND TRUST O')C ~ ct,(('9609791

Page 1 of 1~~;7/31/26~9 83:05PReclJroJing Kl!que:;ted By:PU!<LlI.: - COUNTERrilo<o1 & R>;!cllroj'?d in Offjcial K.:cords

"~f CHUNn OF lUOLUi'lNE J"KEN CAEfllNOCOUNTY kECOkDERee: $8.08 \

RECORDER'S FEE: $:jg. 00 .DOCUMENTARY TRANSFER TAX: NONEDeterminedby Grantor_computed on full value of property conveyed, or_computed on full value less liens and encumbrances

remaining at time of sale.

CIO r-.o. BOX 29

BIG OAK FLAT. CA. 95305

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GRANT DEED IN TRUST. (trustee's notice to purchaser)

(trustee's notice with power of sale)

FOR VALUE CONSIDERED, which is hereby acknowledged, KATHLEEN O. BRAINARD. Trustee of theKATHLEEN O. BRAINARD FAMILY TRUST DATED AUGUST 7,1990 lawfully seised, remise and releases byGRANT IN TRUST all rights to and liabilities recorded or unrecorded; .

TH E real property with all personnel property in Tuolumne County ,California ASSESSOR PARCELNUMBER 066-680-12, (legal description) PARCEL 22, as shown and designated on that certain PARCEL MAPfiled in the Office of the county Recorder of Tuolumne County, California on December 12, 1976 in Volume 9 ofParcel Maps at Page 98, Tuolumne County Records;

TO YOSEMITE NATIONAL LAND TRUST I WILLIAM J. BRAINARD, Title Trustee, in perpetui~ and infee, all rights reserved pursuit to jurisdiction of the Laws of the United States of America and the State ofCalifornia. Any waiver of rights or conveyance of TITLE without expressed or implied covenant or warranty, isagainst public policy and declared by the State of California null and void.

,1- 3)- 09 ~.'-d> @.c)5~id'V~KATHliEN O. BRAINARD, TRUSTEE -'

. A i<:A KC\.-L tl-2~ t-, 1\1. (3 r<\1. ""'-~ jl"V

DATE

STATE OF CALIFORNIA

COUNTYOF 17 la.c...e V-

On J ~4r :3 \ 1 d- 009 before me, J C{.J.'l ~~ r::/()~<-(/ ;VOf-lLl'?=. PM.~t (~-:

personally appeared 1.(, uv±0- \ -e -eVI- (). '"f.; r&<.,c ~ vd... ,who proved to me on the basis ofsatisfactory evidence to be the person whose name is subscribed to the within instrument and. acknowledged to me that,she executed the same in her authorized capacity, and that by her signature on the instrument the person. or the entityupon behalf of.which the person acted, executed the instrument.

I certify under PENAL TV OF PERJURY under the the laws of the State of Califomia that the foregoing paragraph is true andcorrect.

WITNESS my hand and official seal.

Signatureg-· ~V'L--~ '.

JANNA FIORICommission# 1698491

Notar~' Publlc . Callrornla ~Sacramento County -

MyComm. Expires.Oct 10.2010

Page 11: Notice Preserve Interest With Quitclaim and Trustees Grant Deed

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Page 11 of 11

'ibo a U to whom tlwse ~nsents s[l<lH enure, @t'eeHng:

'Certitictuc No: ,2J_/!:L __,_._, Application JYo.Lj.t4~·/f

'1rtilhl"'>!ilS,!!~(/~4/h_44d_~~ :...... ~ _.h.a.- deposited' in the GENERAL LAND,OITICE o/, the United Sto.tc« a CERTIFICATE OF THE REGISTER OF THE LAND OFFICE

at~-·,·4Iic;£tz6-:rtid1l!:ntf(zL., ... ;;-#--., whereby it appea~'sthnyf{?~I~ul~-AI5f!:ii

7;:7;l~:lt.r0;~;:~~;:rf1/tl··./,j:0-~,.--~~~4~V:~~kt~~~~~.~:D~~:;.~:!!:b:.:-:'.by-lhc> wid qccordr'n:b< to tbB p.,.gttiHiG~

::~':~;;;,"O:::':s::~;e::e~::il"'::.:~,e:~'1t:?:t~~':ICi:1;:::d'ZZ2: !!1:~;~':~Z:%'I/,1!t/jl~hi'('--4NL(it£f£IlP!C:':/fi;~4j/ffj:t?~/7-fyift-~-./d«t;:rC:L&,~-«bAl;ti~tA .,. 7/?[ ,{/jtJr.ILL,"M(a{-dft.!::-4?d(..-i:dk};----f.£~.tt/lff6jffilc/Jn:llt2!&i!:ff.uzi,a .X __._

_dt. (/;tf!j1f1l.r/f,14.(/~fl:td-k~,/Yfl/L~.-~ ..~I:(;tcfr;;~~~4fo-~cti'ALflitrt~,.f!)~a.N0..~jfl!!i.,i;@'4 AU-_..dJ:!,0rtN~a,,,/C-trk'ttiu--t?j;{ljc"tJ,{k'~4'fdt/(-lJt/I,(~d77-",1;,/1 Uf/.. -fi'dl/U4)""r:?/Hdf-rif-.d&1cf:tt!;L<41ctbdZ;J'k1"",,-C(l.v.t2dtb:./

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-~----·".ccordingto tlie Official Plat of the Survey of the said lands returned lathe GENERA!. LAND OYFICE ·.by the Sur-.oesror-Gcnera.t, Udl""h saire Tr6H't Q(7 lnHi>n purchased by the said .,. __

l~oUJ, l{lIoul '!Jt, Thal'/'h..u-"L~-d/f/L-::t::a,u:;j.::.t of- -..--.-~ _ ...the UNITED s~~~~~·~ . !r~ 0. the }Jl 6l"nb888. lit H:l i I.> 8f)rti81 m i+tt-

:::~. ~':':::l~::~::,,~o':~~'~\":h'~'s~:':~1:Zj~1v:1/t;;tk:?tt"2t ../rz:tZ::a'ee/' 18 .. .. __... lrc;rs, tile said 'Cpoct above described. 1"'-

rED ;[{nue <It,,) to ~ol(} tlW4;1,((Z.4it4.1:7~1f4~h.d#(d:;iH'{Z(--lcU-~i---:, ,__.., ,_, __ ''''''', '0.f18t"" wit" "l'.tl18 "1M., I)Fi"'le1~''''.". ili,'s ." a ""p." ncr~ ~

of-<<Jk,g,~, ""["PO, Ih ••• ""to "61opgi'<4,unto the said£~kdidt ~a4&.0 ~ .._.._.._. j-- j

and to JlI. heirs and assigns forever; subject to any vested arui: accrued water4rights for m,ining, agri. lcttltural, 7ltafu~facturing or other pur~oses, and rights to ditches-anti reservoirs used in connc.ction with such :1

water-rights, as may be recognized: and' aeknowledged by the local customs, laws and decisions of COI.ri.',and Ialso subject to the right oj"the- proprietor'of a vein;or lode to extract and removehis ore therefrom, should the '1

Sconebe fourui to penetrate or intersect the premises herebygranted, as provided by law, 1'ill 'ili:.stimollY 'lllJllereof, I,J:!~~_W~C!._/f.;;;''r.!t.4f41.~ . .1

PRESIDENT OF Tilli UNITED STAP;5 OF AMERICA,have caused theseLetters to bc made Patent, :land' the Seal of the' General.Land Offlo« to be hereunto r:1Ji~ted. J

I£;u eu uruier my hand at the City of Washington, thedtl.f~,t?f; ...day Ol...tj!'ud... '. . ~in the ycar of our Lord one thousand "1M hundred andd/f4fL.#j.kr ...._, and OJ the ,~Independence of the Unil_edStates the$t,ld!tft-tfafutl_({f-r.«i.ju:j'!upeZk .~

BY THE PRESIDENT: 1J.J!d{ltZ~I-f{u.,dla1Lf-:( ..1.f1:kt)_ '.~

f 53 :di /',By __ _._ _ Ji~!b~~:-:=-.-~~;~-~Jj

aeecrcer or the Ollnerl!.i Land areeo. .

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Recorded, 1"01__ rb__ ..PageJ ..,!?cL-

RECORDEDat thc ~cquestof '/!t;e(!- it1r1J. flllt1kf<fl,,;;;"- -- ...- ------ ..- --- ----::~/~~-Il711",-,_(t,_<_pa't/L--1lL.kf,thi"\~j __ -,,,"., ~ l' A.D."" i, ~'" Book Jjf of Patents, Record, of Tuolumne Go"Gal.,pp-, - -

I CERTIFY TH.JS TO t3t' .,<\ 1r~UI:l;Oi'Y UI: 11"IL c .. l-t£tfUt:-t-:td:'P'/ - -- '1\RECO::.r~~IN naifAQf;.T~~20'10 R""'''~. ,~

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