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LLA-Hamid Ghazvini and Ziba Manouchehrizadeh, 21761 Granada Ave, APNs: 357-17-055 & 357-17-056� � J RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 197111111 Pages 21 Fees - No Fees Taxes Copies. AMT PAfD REGINA ALCOMENDRAS 2/26/20 RIDE # 009 9 SANTA CLARA COUNTY RECORDER /26 20 08 Recorded at the request of 8�00AM Chicago Title (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT Hamid Ghazvini and Ziba Manouchehrizadeh, husband and wife and joint tenants APN: 357-17-055 and 357-17-056 THIS INSTRUMENT IS DELIVERED TO THE RECORDER'S OFFICE AS AN ACCOMMODATION, BY CHICAGO TITLE COMPANY FOR PHYSICAL CONVENIENCE ONLY. IT HAS NOT BEEN EXAMINED AS TO ITS VALIDITY EXECUTION OR ITS EFFECT UPON TITLE IF ANY. KoF Original or Fast Endorsement r LOT LINE ADJUSTMENT Property Owners: Hamid Ghazvini and Ziba Manouchehrizadeh, husband and wife as joint tenants ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between APN 357-17-055 (Lot K) and APN 357-17-056 (Lots J and H) as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners 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. The City Engineer hereby finds that the lot line adjustment requested 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 parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 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 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" %O day o Vlx , 2008. Ralph A. Qualls Jr. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 10" l l iwo a 1 r_►_15% Ali 0 111-i =-T� :�: r•�i I, �ai -� State of California County of _ LLS-- On before me, Datej Here Inlrel NkWand Title of the ae personally appeared GRACE SCHMIDT CoptMWW 0 1720127 � CI1" Count f17 Comte. Egim Fib 21, 2011 who proved to me on the basis of satisfactory evidence to be the person(O whose name) is/afk subscribed to the within instrument and acknowledged to me that he/sVe/4y executed the same in hi"/M& authorized capacity(i94 and that by his*r/tVr signatureA on the instrument the person(s), or the entity upon behalf of which the person(,pfacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,�Q -�- Signature1�-i Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: na 'y 11 r 1 J 1-1/ �,,, Document Date: - 24 �6e Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER p of thumb here I Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 02007 National Notary Assodahon • 9350 De Soto Ave., P.O Box 2402 • Chatsworth, CA 91313.2402• www.NationalNotaryorg Item #5907 Reorder CaA ToIFFree l-800-876-6627 EXISTING SITE CONDITIONS EXISTING AREAS LOT GROSS AREA H 2, 500± SQ. FT. J 2, 500f SQ. FT. K 2, 500f SQ. FT. TOTAL 7, 500f SQ. FT. N89'59'22"W 75.00' 1125, 0• 6.82 •.• :•..; ■orruu■uoA 337.29 uuuuuurrA ■t/■■■■■■■■■rrlA ■uuauiiiiiii �A ■alto■urru■r , urlrlrru■1■ua /� uo■rs■urry I. ■w■out■■tr e r■■■olrrl ter '''°'°` 25.00 0336 1MBIT A 10"OAK •336.95 0 0 v x 337.11 x 336.94 z 337.34 t7 n iTt 7 x 337.48 <. ' ' ' , :: - 0347.19 I EX. STRUCTURE °- • � ' ° x x 336.68 16 AK TO BE DEMOLISHED EX. CONC.�-� z 337 ' SLAB m 337.34 D .95 337.77 i EL=338.6 0338.2 I 12'OA ++ ' 331.84 I IIIIII� I CONC. GHAZMNI I EL=338.32' & MANOUCHEHRIZADEH �! o k4� APN: 357-17-055 & 056 09337.29 x 337.24 T, o 40, §r. DOC.# 18951609 0.42 3 x 337.€: Ld .3 * 21761 GRANADA AVE. w o ,,.. 33s.21 04 00 io N W x 338.36 O O O N O oN O o EX. SINGLE RESIDENCE ,� �' O LOTH w TO BE DEMOLISHED P-MAPS-24 I� 1 I IM 337.67 I x3 7.07 h LOT J LOT K 338.32 o P-MAPS-24 P-MAPS-24 w O N W u- 16" r: 13 x 7.19 ELEC W = ON x 338.27 PANE �� EL=339.98' AS OApL ETER ca�a� G. X 33 7 T. T 338.44 O� EX. WOOD DECK O No. 5615 �0 4 .3�.6i= 07 E 3 38 � x 338.01 H.B. 337. .90 Z 28' � �x 8.01 3"FRUIT .0 J 338 x 337.37 . • x ¢ x 337.82 x 337,76 3 x 3 .13 x °�5.00 25.00 ; ,.' .; 25.00 " 4a:. 'J V:Y 71 33z:tg N89'S9'22"W 1.33 75.00' " '::; •: .. `X3a�.1 .�� ., ,: EXHIBIT I- LOTW Situate in the City of Cupertino, County of Santa Clara, State of California. Being all of Lot K in Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwestern comer of said Lot K; thence along the westerly boundary of said Lot K, North 0° 03' 25" West 100.00 feet to the northwestern corner thereof; thence along the northern boundary of said Lot K, South 890 59' 22" East 25.00 feet to the northeastern corner thereof; thence along the eastern boundary thereof, South 0° 03' 26" East 100.00 feet to the southeastern corner thereof, thence along the southern boundary of said Lot K, North 89° 59' 22" West 25.00 feet to the Point of Beginning. CURT G. No 410 ss�s K.WSOFFICBWORDIjayWescriptions106343 lot h.doc LOT 'H' Situate in the City of Cupertino, County of Santa Clara, State of California. Being all of Lot H in Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwestern corner of said Lot H; thence along the westerly boundary of said Lot H, North 0° 03' 26" West 100.00 feet to the northwestern corner thereof, thence along the northern boundary of said Lot H, South 890 59' 22" East 25.00 feet to the northeastern comer thereof; thence along the eastern boundary thereof, South 00 03' 26" East 100.00 feet to the southeastern corner thereof; thence along the southern boundary of said Lot H, North 890 59' 22" West 25.00 feet to the Point of Beginning. K.\MSOFFICMWORDIjeyWcscriptions106343 lot h.doc EMBITA LOT W Situate in the City of Cupertino, County of Santa Clara, State of California. Being all of Lot J in Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filet] April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwestern comer of said Lot J; thence along the westerly boundary of said Lot J, North 0° 03' 26" West 100.00 feet to the northwestern comer thereof; thence along the northern boundary of said Lot J, South 89' 59' 22" East 25.00 feet to the northeastern corner thereof; thence along the eastern boundary thereof, South 0° 03' 26" East 100.00 feet to the southeastern corner thereof; thence along the southern boundary of said Lot J, North 890 59' 22" West 25.00 feet to the Point of Beginning. K:IMSOFFICEIWORDIjay\descriptions106343 tot h.doc i !� PROPOSED SITE CONDITIONS PROPOSED AREAS PARCEL GROSS AREA 1 1,971 f SQ. FT. 2 2,429f SQ. FT. 3 3,100f SQ. FT. TOTAL 7, 500± SQ. FT. 0 0 0 0 w N M 0 O 0 V) 1 1 rn I 1 44.00 N89*59'22"W 75.00' PROPOSED PARCEL 2 T 2,429 SQ. FT. (GROSS) I I I PROPOSED TWO-STORY RESIDENTIAL TO BE CONSTRUCTED N 8959'22" W I Iis N w ^ IZ Z H Z io N M O O 0 r Imo-- 18' PROPOSED DRIVEWA o PROPOSED PARCEL 1 I 1,971 SQ. FT. (GROSS) I I PROPOSED TWO-STORY COMMERCIAL / RESIDENTIAL TO BE CONSTRUCTED Vol 6.0, 31.00 EXHIBITA c; 1 `OAK 1 1 PROPOSED TWO-STORY RESIDENTIAL TO BE CONSTRUCTED 0 0 0 0 W Cfl N to PROPOSED PARCEL 3 M O 3,100 SO. FT. (GROSS) '00 5.00co N �kq EAST O ��2,89 \�oO 0 � \�0 z to �`'o. 14.00 L= 8. 49 \'a+ EAST R � 44.00 GRANADA AVENUE (60') o N8 31 \0 1 NI � 1 18 V) PROPOSED DRIVEWAY o Z N Z —10 Z NI — 31.00 '99"w 75 nn' SHBITA PARCEL I Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots H and J, Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Beginning at the southwestern corner of said Lot H; Thence from said point of beginning, along the westerly boundary of said Lot H North 0° 03' 26" West 44.79 feet; thence leaving said westerly boundary, South 89' 59' 22" East 44.00 feet; thence South 0° 03' 26" East 44.79 feet, a little more -or -less, to the southerly boundary of said Lot J; thence along the southerly boundary of said Lots H and J, North 89' 59' 22" West 44.00 feet to the Point of Beginning. G K:IMSOFFICEIWORI)Vayldescriptions106343 Brown Parcel I.doc EMBITA PARCEL2 Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots H and J, Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Commencing at the southwestern corner of said Lot H; thence along the westerly boundary of said Lot H North 00 03' 26" West 44.79 feet to the True Point of Beginning; Thence from said true point of beginning, leaving said westerly boundary South 89" 59, 22" Fast 44.00 feet; thence North 0° 03' 26" West 55.21 feet, a little more -or -less, to the northerly boundary of said Lot J; thence along the northerly boundary of said Lots H and J North 89° 59' 22" West 44.00 feet, a little mare -or -less, to the northwestern comer of said Lot H; thence along the westerly boundary of said Lot H South 0° 03' 26" East 55.21 feet to the True Point of Beginning. G. DVNBvn< No. 5615 ,_ "Ar K:IMSOFFICEkWORUIjayldescriptims106343 Brown Parcel 2.doc E)GUBITA PARCEL 3 Situate in the City of Cupertino, County of Santa Clara, State of California. Being a portion of Lots J and K, Block 3 as shown on that certain map entitled "Map of Resubdivision of Subdivision No. 1, Town of Monta Vista" filed April 11, 1917 in Book "P" of Maps at Page 24, Santa Clara County Records, and being more particularly described as follows: Commencing at the southwestern corner of Lot H, Block 3, as shown on said map; thence along the westerly boundary of said Lot H North 00 03' 26" West 44.79 feet; thence leaving said westerly boundary South 89' 59' 22" East 44.00 feet to the True Point of Beginning; Thence from said true point of beginning, North 0° 03' 26" West 55.21 feet, a little more -or -less, to the northerly boundary of said Lot J; thence along the northerly boundary of said Lots J and K South 89' 59' 22" East 3 1. 00 feet, a little more -or -less, to the northeastern corner of said Lot K; thence along the easterly boundary of said Lot K South 00 03' 26" East 100.00 feet, a little more -or -less, to the southeastern corner of said Lot K; thence along the southerly boundary of said Lots J and K North 890 59' 22" West 31.00 feet; thence leaving said southerly boundary North 00 03' 26" West 44.79 feet to the True Point of Beginning. K:IMSOFFICE\WORDljayldescriptions106343 Brown Pz=I 3-PUBLIC WORKs.doc Escrow Branch: 910 Campisi Way, #1D Campbell, CA 95008 (408) 558-8000 PRELIMINARY REPORT Fax: (408) 558-8008 ORDER NO. 11569803-285- JP2 Escrow Officer: Jackie Price/tl Email: jprice@ate-ca.com Ref. No: Exhibit B Stewart & Soss Property Address: 1865 Winchester Blvd. 200 21761 Granada Avenue Campbell, CA. 95008 Cupertino, CA 95014 Attn.: Kasey Stewart APN: 357-17-055; 357-17-056 ARB: 357-17-055 & 056 In response to the above referenced application for a policy of title insurance, this Company 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 encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions 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. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should he carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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. In the event of cancellation or if the transaction has not closed within 90 days from the date hereof, the rate imposed and collectable shall be a minimum of $360.00, pursuant to Section 12404 of the Insurance code, unless other provisions are made. The form of policy of title insurance contemplated by this report is: CLTA Owner's, ALTA Lender's issued by First American Title Insurance Company Dated as of September 19, 2007 at 7:30 a.m. 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: Hamid Ghazvini and Ziba Manouchehrizadeh, husband and wife as joint tenants The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. D�ibit B 2. 4. Page No. 2 File No. 11569803-285- JP2 General and special taxes and assessments for the fiscal year 2007-2008. First Installment: Second Installment: Tax Rate Area: A. P. No.: $1,731.53 Payable $1,731.53 Payable 13-009 357-17-055 General and special taxes and assessments for the fiscal year 2007-2008. First Installment: Second Installment Tax Rate Area: A. P. No.: $3,475.35 Payable $3,475.35 Payable 13-009 357-17-056 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. We find no open deeds of trust. Escrow please confirm before closing. NOTES: a. Date last insured: 5-26-06 b. 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. C. 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. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have announced that as of September 1, 1992, severe limitations will be placed on the acceptance of "special recordings." Exhibit B Page No. 3 File No. 11569803-285- JP2 f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a Homeowners Association, it will become necessary that we be furnished a written statement from the said Homeowners Association of which said property is a member, which provides that all liens, charges and/or assessments levied on said land have been paid. Said statement should provide clearance up to and including the time of closing. In order to avoid unnecessary delays at the time of closing we ask that you obtain and forward said statement at your earliest convenience. g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing. If the demand has expired and a current demand cannot be obtained it may be necessary to hold money whether payoff is made based on updated verbal figures or an expired demand. h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require that the account be frozen and closed and no additional advances be made to the borrower. If the beneficiary is unwilling to freeze the account we will require you submit to us all unused checks, debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating that no additional advances will be made under the credit line. If neither of the above is possible it will be necessary to hold any difference between the demand balance and the maximum available credit. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or damages which may result from reliance upon this map. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Dwelling known as 21761 Granada Avenue, Cupertino, CA 95014. k. Statements of information are required from all parties to the transaction. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: Grantor: Robert Ersepke, a single man Grantee: Hamid Ghazvini and Ziba Manouchebrizadeh, husband and wife as joint tenants Recorded: May 26, 2006 as Instrument No. 18951609, Official Records. Page No. 4 Exhibit B Fite No. 11569803-285- JP2 SCHEDULE C LEGAL DESCRIPTION All that certain property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lots H and J and K, Block 3, Map of Re -Subdivision No. 1 of Morita Vista, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book P of Maps, page(s) 24. ARB No: 357-17-055 & 056 APN No: 357-17-055; 357-17-056 Exhibit B Notice In accordance with Section I W2 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by either: 1. A seller who is au individual, trust, or estate or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller that has no permanent place of business in California immediately after the transfer of title to the California property The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars (S500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold it: 1. The sales price of the California real property conveyed does not exceed one hundred thousand (S 100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place of business in California, OR 3. The seller, who is an individual, trust, estate or corporation without a permanent place of business in California, executes a written certificate, under the penalty ofperjury, ofany ofthe following: a. The California real property being conveyed is the sellers or decedent's principal residence (within the meaning of Section 121 of the Internal Revenue Code). b_ The last use of the property being conveyed was used by the transferor as the transferor's principal residence within the meaning of Section 121 of the Internal Revenue Code. c. The California real property being conveyed is or will be exchanged for property of like kind (within the meaning of Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for California income tax purposes under Section 1031 of the Internal Revenue Code. d. The California real property has been compulsorily or involuntarily converted (within the meaning of Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use so as to be eligible for nonrecognition of gain for California income tax purposes under Section 1033 of the Internal Revenue Code. e. The California real property transaction will result in a loss or net gain not required to be recognized for California income tax purposes. The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose ofavoiding the withholding requirement. Please call your Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction". ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer. ♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new lender on the policy as a loss payee. ♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance Title Company has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from us). Note: Each method by which you can hold title has different legal &tor tax considerations & parties are encouraged to obtain advise from an Attorney, CPA, or other professional knowledgeable in this area. PrivacyPolicy f Alliance Title Exhibit B y o a Company We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, you have provided or will provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize personal information you provide to us. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer -reporting agency. Use of Information The information you provide us is for our own legitimate business purposes and not for the benefit of any affiliated or nonaffiliated party. Therefore, we will not release your information to affiliated and nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with the Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Exhibit B Notice of Opportunity to Earn Interest You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds into an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender.) If you elect to earn interest, there is an additional fee in the amount of $50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%* per annum for a 30 day period: Deposit x Rate - Annual x Days = Total Interest Earned $1,000.00 x .03 - 360 x 30 = $2.50 PLEASE READ THE FOLLOWING CAREFULLY: A. if you do not want to have your funds deposited into an interest -bearing account, please initial below this paragraph and return this Notice and such will constitute an instruction to us that your funds be deposited into Alliance Title Company general escrow account. Likewise, non -receipt of this form will also constitute an instruction to us that your funds be deposited into Alliance Title Company general escrow account. For important information regarding the general escrow accounts, please read the disclosure in Paragraph C below. Initials B. If you elect to have your funds earn interest in an interest -bearing account using Alliance Title Company depository bank, you MUST sign this form below, and return to Alliance Title Company both this signed form and a W-9 form, which can be provided upon request. Please be advised that you will be responsible for reporting all earnings to the applicable taxing authorities. C. Should you not elect to earn interest on your deposit, your funds will be deposited into our general escrow account at a financial institution insured by the FDIC. The general escrow account is restricted and protected against claims by third parties or creditors of Alliance Title Company. This is a non -interest bearing account; however, Alliance Title Company, may receive certain financial benefits from that financial institution because of the general escrow account and its on -going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Alliance Title Company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Alliance Title Company. Any such benefits shall be deemed additional compensation of Alliance Title Company for its services in connection with the escrow. ELECTION TO EARN INTEREST: I HEREBY AUTHORIZE AND DIRECT, Alliance Title Company TO OPEN AN INTEREST BEARING ACCOUNT AT Alliance Title Company DEPOSITORY BANK AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. SIGNATURE: SIGNATURE: DATE: DA * Please note that this interest rate is only an example and Alliance Title Company does not guaranty the availability of any specific rate. K i r—ea 4 � r 99 O u a 0 f pA N rage 14 of 16 �B0 ]D&ibit B . . .................... '-'. T sdo oYES« Lhi 7'JO�W i 2 F 6 O yy l o ¢ a 1 � n 4www b -- ` Irkaiu�a�a v ••~r d _ r �• d � N u0� X33UOTSN3n3LLs a r http://www.fidelitypassport.com/fullreport.asp?Cmd=1&lang =&PName=Sherry+Nguyen... 9/20/2007