![]() ![]() Bank intends to sell Whiteacre and to sue Mary for the difference between the sale price and the loan balance. The appraiser determined that Whiteacre had a fair market value of $15,000 without Baker=s easement and a fair market value of $8,000 with Baker=s easement. In 2001, Bank lawfully foreclosed on Whiteacre and had it appraised. Bank conducted a title search but did not physically inspect Whiteacre. Thereafter, Mary borrowed $10,000 from Bank and gave Bank a note secured by a deed of trust on Whiteacre naming Bank as beneficiary under the deed of trust. Mary paid Able $15,000 for Whiteacre and recorded her deed. In 2000, Able conveyed Whiteacre to Mary in fee simple absolute by a valid general warranty deed that contained all the typical covenants but did not mention Baker=s easement. ![]() Both Baker=s house and the dirt road are plainly visible from Whiteacre. The dirt road crosses over Whiteacre and extends across Blackacre to Baker=s house. In 1999, Able gave Baker a valid deed granting him an easement that gave him the right to cross Whiteacre on an established dirt road in order to reach a public highway. Baker owned Blackacre, an adjacent property. Able owned Whiteacre in fee simple absolute. ![]()
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