LLA-Union Church of Cupertino-20830, 20840, 20900 Stevens Creek Blvd, APNs: 359-08-024, 359-08-025, 359-08-026, 359-08-027 • •`.'. . M 9 8 0 PA GE 2 0 6 0
12032642
SANTA CLARA LAND TITLE COMPANY SP83776-LT Recorded at the request of
RECORDING REQUESTED BY: City of Cupertino SANTA CLARA LAND TITLE CO.
RETURN TO: City of Cupertino S P2 1993 8:00
10300 Torre Avenue A.M.
Cupertino, CA 95014
LAURIE KANE, Recorder
Santa Clara County, Official Records
IOP LINE ADJUSTMENT
REC FEE 1C
PROPERTY OWNER(S) : UNION CHURCH OF CUPERTINO, a corporation (Parcel A) Nmf
Allen G. Byer and Marian Byer, (Parcels B1 and B2) MICRO
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE RTCF (3
ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS LIEN
SMPF
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: Td PCOR
A request for a lot line adjustment between Parcels A, B1 and B2, ass
designated on the attached plat and descriptions marked Exhibit "A" and
attached hereto, has been submitted by the record owner(s) of the above
properties (as shown in Exhibit "B", attached) of the City of Cupertino
with the request that an adjustment of lot lines be approved by the City
Engineer.
0 The City Engineer hereby finds that the lot line adjustment requested
M is between two or more adjacent parcels, that the land taken from one of
the parcels is added to the adjacent parcel and that a greater number of
N parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section
18-1.202.3C of the City of Cupertino Municipal Code and Section #66412d of
the Subdivision Map Act, said lot line adjustment is hereby approved.
This lot line adjustment shall be totally null and void without
further act of the City of Cupertino, in the event that the change in
11:11)
title interest of ownership (including lien holder interest) is not
recorded by Grant Deeds within twelve (12) months from the approved date
and/or in the event that any change in title interest of ownership
(including lien holder interest) from that specified on the preliminary
title report designated on Exhibit "B" and attached hereto, occurs prior
to the recordation of the grant deed conveying the real property in
conformity to Exhibit "A".
Approved this /6' day of (J G- , 1993.
BERT VISKOVICH
CITY ENGINEER
CITY OF INO
411/1
BY: / 4 kI
11/92
. Uri t,tlU6
' L
' EXHIBIT "A"
PARCEL A (New)
A portion of that certain parcel of land conveyed to the Union Church of Cupertino by deed
recorded August 10, 1956, in Book 3574, at Page 573, Official Records of Santa Clara
County, California, more particularly described as follows: ke
co
Beginning at the intersection of the southerly line of Stevens Creek Boulevard, formerly
Stevens Creek Road, said boulevard having a half width of 75.00 feet, and the general
westerly line of said parcel conveyed to the Union Church of Cupertino; thence along said ri
southerly line of Stevens Creek Boulevard N 89° 57' 15" E, 250.00 feet to the general N)
easterly line of said parcel; thence along said general easterly line S 0° 00' 35" E, 185.00
feet and N 89° 57' 15" E, 133.74 feet; thence S 0° 00' 35" E, 224.63 feet to the southerly rn
line of said parcel; thence along said southerly line S 89° 57' 15" W, 383.74 feet to the
westerly line of said parcel; thence along said westerly line N 0° 00' 35" W, 409.63 feet to
the point of beginning.
Containing 132,450 square feet, more or less.
PARCEL B (New)
A portion of that certain parcel of land conveyed to the Union Church of Cupertino by-deed
recorded August 10, 1956, in Book 3574, at Page 573, Official Records of Santa Clara
County, California, a portion of that certain parcel of land conveyed to Allan G. Byer and
Marian Byer by deed recorded December 30, 1982 in Book H240 at Page 599 Official
Records of Santa Clara County and all of Parcel "D" as shown on that certain Record of
Survey Map filed for record in the office of the County Recorder of Santa Clara County in
Book 238 of Maps at Page 3, more particularly described as follows:
Beginning at the northeasterly corner of said Parcel "D" said northeasterly corner also
being on the southerly line of Stevens Creek Boulevard, formerly Stevens Creek Road, said
street having a half width of 75.00 feet; thence along the easterly line of Parcel "D" and the
westerly line of Parcel "A" as shown on said Record of Survey Map, S 0° 00' 35" E,
409.63 feet to the southerly line said parcel of land conveyed to the Union Church of
Cupertino; thence along said southerly line S 89° 57' 15" .W, 168.00 feet; thence N 0° 00'
35" W, 224.63 feet to the general easterly line of said parcel of land conveyed to the Union
Church of Cupertino; thence along said general easterly line S 89° 57' 15" W, 133.74 feet
• and N 0° 00' 35" W, 185.00 feet to said southerly line of Stevens Creek Boulevard; thence
along said southerly line N 89° 57' 15" E, 301.74 feet to the point of beginning.
Containing 93,559 square feet, more or less.
0:ESS/0
Date 6/Z�/j 3 �°ck- �E
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'Lester Ikegami, R .C.E. No. 30520 No. 30520rn
(Expires 3-31-96) k ,
J!' CIVeIp,1_ -���
97F OF 11 ��\
' I:ARCEL A (Existing) M 9 8 0 PA GE 2 0 6 2
• All of that certain parcel of land conveyed to the Union Church of Cupertino by deed
recorded August 10, 1956, in Book 3574, at Page 573, Official Records of Santa Clara
County, California, more particularly described as follows:
Beginning at the intersection of the southerly line of Stevens C'tcek Boulevaid, formerly
Stevens Creek Road, said boulevard having a half width of 75.00 feet, and the westerly line
of that certain parcel of land designated "Parcel No. 1," in the deed from L.S. Rhodes to
Archibald Wilson dated November 30, 1953 and recorded February 18, 1954 in Book 2817
of Official Records, page 150, Santa Clara County Records; thence along said southerly
line of Stevens Creek Boulevard N 89° 57' 15" E, 250.00 feet; thence along a line parallel
to said westerly line of said Parcel No. 1, S 0° 00' 35" E, 185.00 feet to a line parallel to
said southerly line of Stevens Creek Boulevard; thence along said parallel line
N 89° 57' 15" E, 301.74 feet to a line parallel with the westerly line of said Parcel No. 1;
thence along said parallel line S 0° 00' 35" E, 224.63 feet to the South line of said Parcel
No. 1; thence along said south line S 89° 57' 15" W, 551.74 feet to the southwest corner
of said Parcel No. 1; thence along the westerly line of said Parcel No. 1, N 0° 00' 35" W,
40Q.63 feet to the point of beginning.
PARCEL B-1 (Existing)
All of that certain parcel of land conveyed to Allan G. Byer and Marian Byer by deed
recorded December 30, 1982 in Book H240, at Page 599, Official Records of Santa Clara
County, California, more particularly described as follows:
Beginning at the northwesterly corner of Parcel "9" as shown on that certain Record of
Survey Map filed for record in the office of the County Recorder of Santa Clara County in
Book 238 of Maps at Page 3, said northeasterly corner also being on the southerly line of
Stevens Creek Boulevard, formerly Stevens Creek Road, said street having a half width of
75.00 feet; thence along the westerly line of said Parcel "D" S 0° 00' 35" E, 185.00 feet to
the southeasterly corner of said parcel, said corner also being on the general easterly line of
that certain parcel of land conveyed to the Union Church of Cupertino by deed recorded
August 10, 1956, in Book 3574, at Page 573, Official Records of Santa Clara County;
thence along said easterly line S 89° 57' 15" W, 195.00 feet and N 0° 00' 35" W, 185.00
feet to said southerly line of Stevens Creek Boulevard; thence along said southerly line
N 89° 57' 15" E, 195.00 feet to the point of beginning.
PARCEL B-2 (Existing)
Parcel D, as shown on that certain Record of Survey map filed for record in the office of
the Recorder of Santa Clara County, California on May 24, 1968 in Book 238 of Maps at
Page 3.
Containing 0.453 actcs, mole or less. ,i0VESS/0
r „.Date /Z.5"/ �'4 �
t No. 30520 m
Lester Ikegami, R.C.B: No. 30520
(Expires 3-31-96) fiJ/q,` Cm_ f4;
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PARCEL B
EX. PARCEL LINE
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Q 75' PARCEL B-?
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EX. AREA 55,822 SQ. FT. co
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IrNEW AREA 132,450 SQ. FT. 6 1�
3 I 03
75'
SCALE: 1" = 1 00' N 0' 00' 35" W 409.63' 7
EX. PARCEL LINE
POINT OF BEGINNING
PARCEL A
ALL/ED ENGINEERING COMPANY DATE: JULY 1993
PLAT FOR LOT LINE ADJUSTMENT A DMSION OF IK-GM CONSULTING ENGINEERS, INC.
CONSULTING ,
LANDS OF UNION CHURCH OF SURVEYORS ANDLLANDINEERSPLANNERS DWG BY: KM
CUPERTINO AND BYER 3170
WILLIAMS
60OAD SAN JOSE, CA 95117(408CHK: LI
CITY OF CUPERTINO, CALIFORNIA I I JOB NO.: 9320
E)HIFBIT " E " M9 8 oPAGE206Le
❑ 701 MILLER STREET AT TAYLOR,SAN JOSE,CA 95110 (408)288-7800
• ❑ 314 SARATOGA AVENUE,LOS GATOS,CA 95030 (408)395-7077
Santa - 0 4020 MOORPARK AVENUE,SUITE 116,SAN JOSE,CA 95117 (408)985-8120
Clara 0 700 SOUTH BERNARDO AVENUE,SUNNYVALE,CA 94087 (408)733-5591
Land Title 0 1475 SO.BASCOM AVENUE,SUITE 104,CAMPBELL,CA 95008 (408)371-0104
0 419 SO.SAN ANTONIO ROAD,SUITE 106,LOS ALTOS,CA 94022 (415)949-0870
C
0����� ❑ 2600 EL CAMINO REAL,SUITE VA PALO EI 94306 (415)858-1281
O 20375 STEVENS CREEK BOULEVARD,CUPERTINO,ALTO,CA CA 95014 (408)252-0600
❑ 1231 SOUTH PARK VICTORIA DRIVE,MILPITAS,CA 95035 (408)263-2555
❑ 50 W.SAN FERNANDO ST.,SUITE 420,SAN JOSE,CA 95113 (408)283-1680
❑ 1622 E.CAPITOL EXPRESSWAY,SAN JOSE,CA 95121 (408)238-1133
❑ 1303 JACKLIN ROAD,MILPITAS,CA 95035 (408)946-4101
❑ 20458 BLAUER DR.,SARATOGA,CA 95070 (408)867-2500
❑ 1475 SO.BASCOM AVENUE,SUITE 107,CAMPBELL,CA 95008 (408)369-0104
PRELIMINARY REPORT
Amendment A IMPORTANT
WHEN REPLYING REFER TO
OFFICE NOTED ABOVE.
REM Properties OUR NO. SP 83776
Attn: Roy Marshall
P. 0. Box 110309
Campbell, California 95008
YOUR NO.
Property Address: 20850,20840,20558,20900 ESCROW OFFICER: Linda Tugade
Stevens Creek Boulevard TITLE OFFICER: Al Pielenz/bh
Cupertino, California
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared
to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate
or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbr-
ance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Condi-
tions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies
of the Policy forms should be read.They are available from the office which issued this report.
This report(and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance
and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a
Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is: CLTA STANDARD COVERAGE POLICY
Dated as of Aprii 98 19 93, at 7:30 a.m. . I t��2�Yw Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
UNION CHURCH OF CUPERTINO, A CORPORATION, AS TO PARCEL ONE, ALLAN G. BYER AND
MARIAN BYER, HIS WIFE, AS TO PARCELS TWO AND THREE
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be
as follows:
See following pages for exceptions.
•
M980PAGE2065
SP 83776
Amendment A
Page 2
1 . TAXES for the fiscal year 1993-94, a lien, not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and
Taxation Code of the State of California.
3. Covenants, Conditions and Restrictions in a Declaration of Restrictions,
which provide that a violation thereof shall not defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for value.
Said covenants, conditions and restrictions do not provide for reversion of
title in the event of a breach thereof. Restrictions, if any, based upon
race, color or creed are deleted.
Recorded : August 8, 1963 in Book 6140, Page 363,
Official Records.
Said covenants, conditions and restrictions have been modified by an
instrument,
Recorded : November 14, 1969 in Book 8739, Page 539,
Official Records.
Reference to the records is hereby made for further particulars.
(Affects Parcel Three)
4. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of : Pacific Gas and Electric Company and The Pacific
Telephone and Telegraph Company, a California
corporation
For : a single line of poles
Recorded : November 10, 1967 in Book 7924, Page 567,
Official Records
Affects : Said line of poles shall be installed within the strip
of land as follows--
1 . A strip of land of the uniform width of 10 feet, lying contiguous to
and Westerly of the Easterly boundary line of said premises and extending
from the Southerly boundary line of said premises, Northerly 220 feet, more
or less, to the Northerly boundary line of said premises.
2. A strip of land of the uniform width of 10 feet, lying contiguous to
and Southerly of the Northerly boundary line of said premises and extending
from the Westerly boundary line of the 10 foot strip of land hereinbefore
described and designated 1, Westerly 292.0 feet.
(Affects Parcel One)
M98OPAGE2O66
SP 83776
Amendment A
Page 3
5. A Lease, affecting the premises herein stated, executed by and between the
parties named herein, for the term and upon the terms, covenants and
conditions therein provided,
Dated : July 28, 1982
Lessor : Union Church of Cupertino
Lessee : United States Postal Service
Term : 36 months beginning January 14, 1983
Recorded : September 21, 1982 in Book H034, Page 630,
Official Records.
Affects : 100' x 130' area for vehicle parking
The present ownership of said Leasehold and other matters affecting the
interest of the lessee are not shown herein.
(Affects Parcel One)
6. A Lease, affecting the premises herein stated, executed by and between the
parties named herein, for the term and upon the terms, covenants and
conditions therein provided,
Dated : December 11, 1981
Lessor : Robert L. Allen Family Trust
Lessee : U.S. Postal Service
Term : January 14, 1983 and ending January 13, 1986
Recorded : October 5, 1982 in Book H065, Page 182,
Official Records.
Affects : Parcels Two and Three
The present ownership of said Leasehold and other matters affecting the
interest of the lessee are not shown herein.
An assignment of the Lessor's interest in said lease was
Executed by : Melvin L. Keys and William S. Linger
To : Allan Byer
Recorded : May 2, 1988 in Book K520, Page 1545,
Official Records
and by other assignments of record.
7. A Lease, affecting the premises herein stated, executed by and between the
parties named herein, for the term and upon the terms, covenants and
conditions therein provided,
Dated : June 19, 1986
Lessor : Union Church of Cupertino
•
Lessee : United States Postal Service
Term : 36 months beginning June 1, 1986
Recorded : June 25, 1986 in Book J741 , page 731,
Official Records.
Affects : an area 158' x 224.84'
The present ownership of said Leasehold and other matters affecting the
interest of the lessee are not shown herein.
M98OPAGE2061
SP 83776
Amendment A
Page 4
(Affects Parcel One)
8. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated : April 18, 1988
Amount : $1 ,200,000.00
Trustor : William Linder, a married man and Melvin L. Keys, a
married man
Trustee : First American Title Insurance Company
Beneficiary : Ralph Andrews & Charles Jeffrey Fisher, successor
trustees of The Robert L. Allen Family Trust, dated
October 14, 1974 of which Robert L. Allen is trustee
Recorded : May 2, 1988 in Book K520, Page 1536,
Official Records
Address : 2400 Washington Plaza, Redding, CA 96001
Loan No. : None shown
(Affects Parcel Three and other property)
9. A Lease, affecting the premises herein stated, for the term and upon the
terms, covenants, and conditions in an unrecorded lease referred to therein
between the parties named herein,
Dated : January 27, 1988
Lessor : Byer Properties
Lessee : Clothestime, Inc. , a California corporation
Recorded : May 3, 1988 in Book K521, Page 1661 ,
Official Records
Affects : Parcel Three and other property
The present ownership of said Leasehold and other matters affecting the
interest of the lessee are not shown herein.
10. Rights of parties in possession of said land by reason of unrecorded
leases, or rental agreements, if any.
11 . Any facts, rights, interests or claims which a correct survey would show.
12. The requirement that our office be provided with a Resolution, certified
by the secretary of the corporation shown in the vesting herein,
authorizing the transaction contemplated in this escrow.
(For Parcel One)
NOTES:
a. This report does not reflect requests for notice of default, requests for
notice of delinquency, subsequent transfers of easements, and similar
matters not germane to the issuance of the policy of title insurance
anticipated hereunder.
M980PAGE2068
SP 83776
Amendment A
Page 5
b. If this company is requested to disburse funds in connection with this
transaction, Chapter 598 of 1989 Mandates of the California Insurance
Code requires hold periods for checks deposited to escrow or sub-escrow
accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow
officer.
c. No endorsement issued in connection with the policy and relating to
covenants, conditions or restrictions provides coverage for environmental
protection.
d. According to the public records, no Deeds conveying the property
described in this report have been recorded within a period of two (2)
years prior to the date of this report, except as shown herein--
NONE
e. There is an additional $10.00 fee for recording a deed with a Legal
Description other than an entire lot on a recorded final map.
f. Title of the vestee herein was acquired by Deed--
Grantor : Archibald Wilson and Pauline G. Wilson, his wife
Grantee : Union Church of Cupertino, a corporation
Recorded : August 10, 1956 in Book 3574, Page 573,
Official Records.
(For Parcel One)
Grantor : Pauline W. Woodruff, trustee of the 1980 Declaration
of Trust of Pauline W. Woodruff, Nancy Woodruff
Waleman, Thomas Arch Woodruff, Neville Ernest
Woodruff, Jr. , Ethelwynne D. Wilson, John H. Wistrom,
as trustee for Wendy Wilson, Elizabeth Wilson, Lydia
Wilson and William Warner Wilson, Wendy Wilson
Beckett, Elisabeth Wilson Pajara, Lydia Wilson and
William Warner Wilson, beneficiaries of the last
referred to trust and Ethelwynne D. Wilson, trustee
Grantee : Allan G. byer and Marian Byer, husband and wife
Recorded : December 30, 1982 in Book H240, page 599,
Official Records.
(For Parcels Two and Three)
No other conveyances were recorded within 6 months prior to the vesting
hereof.
g. TAXES for the fiscal year 1992-93, a lien, shown as follows:
1st Installment $9,999.96 Paid
2nd Installment $9,999.96 Paid
Assessor's Parcel No. 359-08-003 Code Area 13-003
Land $1 ,082,432 IMP $757,701 PP NONE Exemp $0
(Affects Parcel Two)
M980PAGE2069
SP 83776
Amendment A
Page 6
h. TAXES for the fiscal year 1992-93, a lien, shown as follows:
1st Installment $3,939.73 Paid
2nd Installment $3,939.73 Paid
Assessor's Parcel No. 359-08-004 Code Area 13-003
Land $188,820 IMP $310,722 PP $11,088 Exemp $0
(Affects Parcel Three)
i. TAXES for the fiscal year 1992-93, a lien, shown as follows:
1st Installment $695.59 Paid
2nd Installment $695.59 Paid
Assessor's Parcel No. 359-08-016 Code Area 13-003
Land $168,001 IMP $323,593 PP $11 ,088 AOEX $502,682
(Affects Parcel One)
j . TAXES for the fiscal year 1992-93, a lien, shown as follows:
1st Installment $478.40 Paid
2nd Installment $478.40 Paid
Assessor's Parcel No. 359-08-017 Code Area 13-003
Land $68,206 IMP $5,480 PP $0 Exemp $0
(Affects a portion of Parcel One)
Date Last Insured:
M980PAGE2O70
LEGAL DESCRIPTION: "SCHEDULE C" SP 83776
Amendment A
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
Beginning at the point of intersection of the Southerly line of Stevens Creek
Road, as the same now exists (90 feet wide) with the Westerly line of that
certain parcel of land designated "Parcel No. 1 ," in the deed from L. S.
Rhodes to Archibald Wilson, dated November 30, 1953 and recorded February 18,
1954 in Book 2817 of Official Records, page 150, Santa Clara County Records;
thence along the Southerly line of Stevens Creek Road, E. 250.0 feet; thence
leaving said last named line and running parallel to the Westerly line of said
Parcel No. 1 , S. 0 deg. 02' W. 200.0 feet; thence parallel to said line of
Stevens Creek Road, E. 302.0 feet; thence parallel to said Westerly line of
said Parcel No. 1 , S. 0 deg. 02' W. 224.84 feet to the South line of said
Parcel No. 1 ; thence along said South line, W. 552.0 feet to the Southwest
corner of said Parcel No. 1 ; thence along the Westerly line thereof, N. 0 deg.
02' E. 424.84 feet to the point of beginning, being a part of the Southwest
one-quarter of Section 13, Township 7 South Range 2 West, M.D.B. & M.
PARCEL TWO:
Beginning at a point on the Southerly line of Stevens Creek Road distant
thereon 250.0 feet East from the point of intersection of the Southerly line
of said Stevens Creek Road as the same now exists (90 feet wide) with the
Westerly line of that certain parcel of land designated "Parcel No. 1" in the
deed from L.S. Rhodes to Archibald Wilson, dated November 30, 1953, recorded
February 18, 1954 in Book 2817 of Official Records, page 150, Santa Clara
County Records; said point of beginning also being a Northeasterly corner of
that certain parcel of land conveyed to Union Church of Cupertino, a
corporation, by deed dated August 6, 1956 and recorded August 10, 1956 in Book
3574 of Official Records, page 573; thence East and along the Southerly line
of said Stevens Creek Road 195.00 feet; thence S. 0 deg. 02' W. 200.000 feet
to a point on a Northerly line of the land so conveyed to Union Church of
Cupertino; thence along said Northerly line West 195.00 feet to an angle
corner in the land so conveyed to said Church; thence N. 0 deg. 02' W. and
along the Easterly line of said church property 200.00 feet to the point of
beginning, being a part of the Southwest one-quarter of Section 13, Township 7
South, Range 2 West, M.D.B. & M.
Excepting therefrom and Northerly 15.00 feet thereof as granted to the City of
Cupertino, by instrument dated September 8, 1962, and recorded September 25,
1962 in Book 5731 of Official Records, page 493, executed by Charles
Fleischman, et al.
PARCEL THREE:
Parcel D, as shown on that Record of Survey filed for record in the office of
the Recorder of the County of Santa Clara, State of California on May 24, 1968
in Book 238 of Maps, page 3.
EXCEPTING THEREFROM the underground water or rights thereto, with no right of
surface entry, as granted to California Water Service Company, a California
corporation by instrument recorded May 10, 1968 in Book 8119, page 208,
M98OPAGE2011
"Schedule C" - Page 2 SP 83776
Amendment A
Official Records.
ARB No. 359-8-1, 2, 3 & 4
98OPAGE2012 •
EXHIBIT "A"
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
Note: This Exhibit reflects the exclusions and exceptions contained in the 1990 CLTA Standard Coverage Policy and the 1990 ALTA Extended Coverage
Loan Policy with ALTA endorsement — Form 1 coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be
contacted to determine the applicable exclusions and exceptions.
Note: The following Exclusion from coverage shall be added to all policies in which it is not presently contained in the pre-printed form:Any claim which
arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured
lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
1990 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY
WITH ALTA ENDORSEMENT- FORM 1 COVERAGE
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,regu-
lating, 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 the Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage
over any statutory lien for services, labor or matenal or to the extent insurance is afforded herein as to assessments for street improvements
under construction or completed at 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 insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity of unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials(or the claim or priority of any statutory lien for services, labor or materials over the lien of the
insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured
has advanced or is obligated to advance.
7 Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws.
M980PnGF ? fl73 .':.
1990 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
EXCLUSIONS FROM COVERAGE
1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regu-
lating, 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) whether or not recorded in the public records at Date of Policy, but 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 wnting 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 the 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 insured mortgage or the estate or
interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of
any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the
interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors rights laws.
EXCEPTIONS FROM COVERAGE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real prop-
erty or by the public records.
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records
of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or
by making inquiry of persons in possession thereof.
3. Easements, liens or erx;umbrances,or claims thereof, which are not shown by the public records.
4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which
are not shown by the public records.
5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance therof;(c)water rights,claims or title to
water, whether or not the matters excepted under(a), (b) or(c) are shown by the public records.