Loading...
LLA-First American Title Guaranty Co, Via Volante and Via Lombardi, APN 316-01-220, Lots 10 and 98RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 DOCUMENT: 19463952 111111111111111111111111 b-4-03 Pages: 39 Fees.... No Fees Taxes... Copies.. AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of First American Title Company RDE # 008 6/08/2007 2:01 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 RECEIVED JUL 2 0 2007 PUBLIC WORKS DEPARr�Ir�T LOTLINE ADJUSTMENT First American Title Guaranty Company APN: 316-01-220, Lots 10 and 98 Original ❑For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: First American Title Guaranty, a California corporation 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, Lot 10 and Lot 98 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 18.08.010H 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 the 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 & day of IJ Vr , 2007. Ralph A. Qualls Jr. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 o, —2a c.Q.cn cLu.•,� v CALIFORNIA•ACKNOWLEDGMENT State of California i County of Or>�(�11'1L , O�Q(�—] before me,`('�'�'1 Gir'� — b t,te('`►'�Tnd'1 +d iC Date ii -- Name and Title of Office, (e.g., "Jane D e, Notary Public") personally appeared � Yl t'� n t 1J ,-Tr, Q'personally known to me ❑ (or proved to me on the basis of satisfactory evidence) KAREN BERNARD-GUERIN to be the personf a)'whose name(,s'jis/aye subscribed to the Commission # 1615449 9 within instrument and acknowledged to me that . •. Notary Public - California he/skle�t y executed the same in his/he4t4geir authorized Santo Clara County ca acit My Comm. Expires Nov9,20t1 y p Y(? and that by his/k1er#sir signatures) on the instrument the person(, or the entity upon behalf of which the person(r) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �/i� r/Z Signatur ` 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. A PM 31(0 —Dt � Description of Attached Document Title or Type of Document: die j Si7A_e,11 L.0 11S I Document Date: OlAne- ll/ , (900 + 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 *90 El Attorney in Fact -' El Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nal ❑ 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 0 2006 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 15236-3 12/27/05 FMIRITA GFZ Lot 10 Revised 8/22/06 EXHIBIT `A' DESCRIPTION LOT 10 OF TRACT NO.8797 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being all of Lot 10 of Tract No. 8797, a map of which was filed for record in Book 677 of Maps at Pages 27 and 28, Santa Clara County Records as adjusted by that certain Lot Line Adjustment recorded in Document Number * , Santa Clara County Records; * 19460876 Excepting therefrom the following parcel: BEGINNING at the northeasterly corner of said Lot 10; thence along the common line of Lot 10 and Lot 98 the following courses: South 01°05'21" West 74.06 feet; along a tangent curve to the right with a radius of 118.62 feet through a central angle of 14°40'21" for an arc length of 30.38 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 118.62 feet through a central angle of 14°40'21" for an arc length of 30.38 feet; South 01°05'21" West 40.19 feet; along a tangent curve to the left with a radius of 174.00 feet through a central angle of 11°16'30" for an arc length of 34.24 feet to a point of reverse curvature; and along a tangent curve to the right with a radius of 126.00 feet through a central angle of 5°40' 15" for an arc length of 12.47 feet; thence leaving said common line of Lot 10 and Lot 98 South 85°29'06" West 20.00 feet to the Westerly boundary of Lot 10 per said Lot Line Adjustment; thence along said Westerly boundary of Lot 10 the following courses: along a non -tangent curve to the left with a radial bearing of South 85°29'06" West and a radius of 106.00 feet through a central angle of 5'40' 15" for an arc length of 10.49 feet to a point of reverse curvature; along tangent curve to the right with a radius of 194.00 feet through a central angle of 10°16'08" for an arc length of 34.77 feet; North 88°54'39" West 4.28 feet; North 00°26'00" East 32.35 feet; North 01°30'00" East 24.02 feet; North 02°20'00" East 31.78 feet; South 88°16'00" East 4.90 feet; North 03°44'00" East 21.22 feet; and North 01°07'00" East 68.19 feet to the Northerly line of Lot 10; thence leaving said Westerly line of Lot 10 along said Northerly line South 89°30'43" East 25.59 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED BY:�t ».# a. GARY � ; � � ;�o DATE LICENSED LAND SURVEYOR N (EXP. 9/30/08)` STATE OF CALIFORNIA MACKAY & SOMPS CIVIL ENGINEERING* LAND PLANNING* LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 15236-3 12/27/05 GFZ Lot 98 Revised 8/22/06 EXHIBIT `A' DESCRIPTION E:441)WIBITA LOT 98 OF TRACT NO. 8325 , All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being all of Lot 98 of Tract No. 8325, a map of which was filed for record in Book 622 of Maps at Pages 21 through 25, Santa Clara County Records, as adjusted by that certain Lot Line Adjustment recorded December 28, 2001 in Document 16032938, Santa Clara County Records; Together with the following parcel: Being a portion of Lot 10 of Tract No. 8797, a map of which was filed for record in Book 677 of Maps at Pages 27 and 28, Santa Clara County Records as adjusted by that certain Lot Line Adjustment recorded in Document Number * , Santa Clara County Records, described as follows: * 19460876 BEGINNING at the northeasterly corner of said Lot 10; thence along the common line of Lot 10 and Lot 98 the following courses: South 01°05'21" West 74.06 feet; along a tangent curve to the right with a radius of 118.62 feet through a central angle of 14°40'21" for an arc length of 3 0.3 8 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 118.62 feet through a central angle of 14°40'21" for an arc length of 30.38 feet; South 01°05'21" West 40.19 feet; along a tangent curve to the left with a radius of 174.00 feet through a central angle of 11'16'30" for an arc length of 34.24 feet to a point of reverse curvature; and along a tangent curve to the right with a radius of 126.00 feet through a central angle of 5°40' 15" for an arc length of 12.47 feet; thence leaving said common line of Lot 10 and Lot 98 South 85°29'06" West 20.00 feet to the Westerly boundary of Lot 10 per said Lot Line Adjustment; thence along said Westerly boundary of Lot 10 the following courses: along a non -tangent curve to the left with a radial bearing of South 85°29'06" West and a radius of 106.00 feet through a central angle of 5'40' 15" for an arc length of 10.49 feet to a point of reverse curvature; along tangent curve to the right with a radius of 194.00 feet through a central angle of 10°16'08" for an arc length of 34.77 feet; North 88°54'39" West 4.28 feet; North 00°26'00" East 32.35 feet; North 01°30'00" East 24.02 feet; North 02°20'00" East 31.78 feet; South 88°16'00" East 4.90 feet; North 03°44'00" East 21.22 feet; and North 01°07'00" East 68.19 feet to the Northerly line of Lot 10; thence leaving said Westerly line of Lot 10 along said Northerly line South 89°30'43" East 25.59 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED BY: a° "" a '' 3%7- GARY ZARE r k., DAT LICENSED ND SURVEYOR NO'. ` 7 r L ;} j (EXP. 9/30/08), STATE OF CALIFORNIA . �- M,�h. MACKON&SOMPS CIVIL ENGINEERING* LAND PLANNING* LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 5.444 SF FROM LOT 10 TO LOTS 1 am I la I w 1 >nzl Oepl ^ I O w z I --1 P. -_-_J MO ;v zZN IS 88°5-4 39 W 4.28' N89'S5'01_W -CRI R=20' 108°48'34" L=37.98' R=236' 13°33'52" L=55.87' R=324' 01°32'23" L = 8.83' cef W J m c+✓i N _ - _ _ W JG vF ;' 2a.00' " N75°46'36" BK 622 M PGS 21-25 A N88°52'33-E (R) _ w w oal IwNi 1 N85°29'06 E(R) k 28p..3 R= J y N88°50'41"E L) 56538• a' ------- LOT 3 .'v1l la� I 02°14'40" f i Of + o+ L=22.15' t N88°54'39"W(R=565.38') z � W R=186. 9'I f ♦ ��� ----- ---- rn N' 10°52 53" I IS x - - 13008'0 " I`' 1-Z L-35.49' -- L=110.4g• /1 00 1 --� N-R:t46.89i + NiM 10°52'56" I �� ��-1--�1Or , _--`- R=482.02' �/ 1 W I 1, L=27.90' ' - - _ I Q' I 1` *56'4 12' 10 t m I - - - - _ , , �lq NAP - - - X _ - N01°05'21"E(R=a82.02') + 0 1 '0 3°56'42' .- f0 I oli 3°56'42" 1 -j I u Lz.23' OT 4tw + st TABLE TANGE N88°5439"w NT ?�♦ vlN I I + 4.51' `ow �I o INS I No. BEARING DISTANCE I-- ------------------- o Imo I T1 N46.53'56'V 15.35' I I R z 1 z I T2 N42.20' 18' E 13. 18' I I 1 N86°30'00"w Z; + + T3 N88. 54' 39' M 14. 50' 6.37• z�/A T4 N85.29' 06' E 20. 00' LOT 90 .4 x/�' \Y----_- T5 N46.05'21'E 14. 14' L j 1 L07- 2 I I ---VlA --- col I - ORT,--1---_ 1 N86 05'00"W 1o61 1!2 wF _ CURVE TABLE - LOT 5 j� of 1 No. RADIUS -DELTA-- LENGTH N I I o of 1 N88° 15'00" W ------ Cl 45. 55' 38.41' 18' 30, 76' 1� ZI I 155'0 C2 448. 12' 3.56' 42' 30. 85' Io I C3 400. 12' 3.56' 42' 27. 55' R=150.66'tz I R= 170.66' C4 166. 89' 10' 52' 56' 31. 70' a ;! 6°39'38" I 9°28'46" C5 166. 89' 10' 52' 53' 31. 70' L= 17.51' �` 28.24C6 174. 00' 11' 16' 30' 34. 24' e,J NEI? 15'01"W( =o ff �/A - - - C7 118. 62' 14. 40' 21' 30. 38' _pAt- CS 118. 62' 14. 40' 21' 30. 38' LOT 16 AkfoS C9 150, 00' 3.50' 28' 10. 06' 1v� CIO 20. 00' 74.01' 20' 25. 84' Z I 1 9*28.46 0 C12 106. 00' 5.40' 15' 10, 49' LOT 6 Jb I L=32.34 C13 106. 00' 5.36' 15' 10. 37, N819 38 �"W(O Iui�1 C14 126, 00' 5.36' 15' 12. 32' ' 1" LOT LINE ADJUSTMENT wl ~ Iw�l A PORTION OF LOT 10 OF TRACT No. 1�a1 TO BE CONVEYED TO 1 Z1_ IZ I LOT 98 OF TRACT No. 8325 LOT ] 3 L - � (N88°54'39"W CUPERTINO CA . 20.00'MAWIWg AREA TABLE CIVIL ENGINEERS, INC. ❑RIGINAL ADJUSTED CML ENGINEERING -LAND PLANNING -LAND SUWEnNG ----------------- 5142 FRANKLIN DRIVE, SUITE B, PLEASANTON CA 94588 PH: I 8797 LOT 10 16, 210 SF 10, 766 SF I PLEASANTON I 1'00' I JULY 18, 2006 I 123 -3 LOT 98 52,484 SF 57, 928 SF OFFxE -EDATE 52 Order Number: 4330-755266sc Page Number: 1 First American Title 1737 North First Street, Suite 500 San Jose, CA 95112 Frank Nicoletti Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Phone: (408) 985-6000 Escrow Officer: Jim Rhoden Phone: (408)451-7855 Fax: (408)451-7859 Title Officer: Jim Rhoden Phone: (408)451-7855 Owner: Portofino Villas Homeowners Association Property: Lot 98 of Tract No. 8325 Cupertino, CA PRELIMINARY REPORT EXHIBIT B 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 encumbrance not shown or referred to as an Exception below 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. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 be 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 or amendments 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. First American Title Order Number: 4330-755266sc Page Number: 2 Dated as of March 07, 2006 at 7:30 A.M. EvulBIT B P file insurance contemplated The form of Policy o title b this p y report is: A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Portofino Villas Homeowners Association, Inc., a California nonprofit mutual benefit corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel(s) One, an easement as to Parcel(s) Two. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to in the legal description For: Public Utilities, Sanitary Sewer, Private Street and incidental purposes. 4. Reservations over Lot 98 for reasonable ingress and egress over those certain areas of land designated as "Common Area" and PUE", also for recreation and other related activities over those areas of land designated as "Restricted Common Area"; and for public utilities over those certain areas of land designated as "Public Utility Easement Reservation" as reserved on the filed map. First American Title Order Number: 4330-755EXHIBIT B Page Number: 3 5. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded May 2, 1991 as book L697 page 468 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin, source of income (as defined in California Government Code 12955(p)), to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded February 26, 2001 as Document No. 15570919 of Official Records. An easement for communication facilities and incidental purposes, recorded June 4, 1991 as book L737 page 976 of Official Records. In Favor of: Pacific Bell Affects: the premises An easement for ingress, egress and incidental purposes, recorded December 28, 2001 as Document No. 16032936 of Official Records. In Favor of: Corsica Homeowners Association, a California non-profit mutual benefit corporation Affects: the premises First American Title Order Number: 4330-755266sc Page Number: 4 EXHIBIT B INFORMATIONAL NOTES 1. 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: None 2. Basic rate applies. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund. 4. Sale of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: 4330-755266sc Page Number: 5 LEGAL DESCRI PTION EXHIBIT B Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel One: All of Lot 98, as shown on that certain Map entitled "Tract No. 8325 Portofino", which was filed in the office of the Recorder of the County of Santa Clara, State of California on December 13, 1990 in Book 622 of Maps at pages 21 through 25 and as amended by that certain Certificate of Correction recorded May 20, 1992 in Book M200, page 1911 of Official Records. Excepting therefrom the following parcel: Beginning at a Northwesterly corner of Lot 36 of Tract No. 8686, a Map of which was filed for record in Book 664 of Maps at pages 10 and 11, Santa Clara County Records; said point lying on the Easterly line of Via Lombardi (24' wide) as shown on said tract; thence from said point of beginning along the Westerly line of Lot 36 the following courses: from a tangent bearing of S 40 30 54 E along a curve to the right with a radius of 150.00 feet through a central angle of 50 36' 15" for an arc length of 14.67 feet; S 011 05' 21" W 41.41 feet; and along a tangent curve to the left with a radius of 18.00 feet through a central angle of 760 51' 57" for an arc length of 24.15 feet to a point in the Northerly line of Via Napoli (24' wide) as shown on said Tract No; 8686; thence leaving said Westerly line of Lot 36 along said Northerly line of Via Napoli the following courses: S 751 46' 36" E 241.76 feet; along a tangent curve to the left with a radius of 945.00 feet through a central angle of 80 21' 51" for an arc length of 137.95 feet to a point of compound curvature; along a tangent"curve to the left with a radius of 18.00 feet through a central angie of 940 46' 12" for an arc length of 29.77 feet to a point in the Westerly line of Via Sorrento (24' wide) as shown on said Tract No. 8686; thence leaving said Northerly line of Via Napoli along said Westerly line of Via Sorrento as shown on said Tract No. 8686 and said Tract No. 8325 the following courses: N 010 05' 21" E 65.64 feet; along a tangent curve to the left with a radius of 565,38 feet through a central angle of 020 14' 40" for an arc length of 22.15 feet; N 020 43' 16" W 62.�7 feet; from a tangent bearing of N 10 07' 27' W along a curve to the right with a radius of 565,38 feet through a central angle of 20 12' 48" for an arc length of 21.84 feet; thence leaving said Westerly line of Via Sorrento the following courses: S 880 54' 39" E 24.77 feet; from a tangent bearing of S 140 53' 13" E along a curve to the left with a radius of 2Q'.00 feet through a central angle of 740 01' 26" for an arc length of 25.84 feet; and S 880 54' 39" E 71.00 feet to a point in the Easterly boundary of said Tract No. 8325; thence along said Easterly boundary S 010 05' 21" W 193.05 feet to a point in the Easterly boundary of above said Tract No. 8686; said point also being a Northeasterly corner of Lot 4 of said Tract No. 8686; thence leaving said Easterly boundary of said Tract No. 8325 along the Southerly and Easterly boundaries of said Tract No. 8686 N 880 54' 39" W 4.00 feet; and N 01° 05' 21" E 134.68 feet to the Northeasterly - corner of Lot 1 of last said tract; thence leaving last said Easterly boundary along the Northerly line of said Lot 1 N 880 54' 39" W 64.00 feet; and along a tangent curve to the left with a radius of 18,00 feet through a central angle of 900 00' 00" for an arc length of 28.27 feet to a point in the Easterly line of said Via Sorrento; thence along said Easterly line of Via Sorrento as shown on said Tract No. 8686 and Tract No. 88��j, a map of which was filed for record in Hook 677 ci Maps at pages 23 and 24, Santa Clara County Records, the following courses: S 010 05' 21" W 106.99 feet; along a tangent curve to the left with a radius of 107.92 feet through a central angle of 130 14' 06" for an arc length of 24.93 feet to a point of reverse curvature; along a tangent curve to the right with a radius of 42.73 feet through a central angle of 130 13' 47" for an arc length of 9.87 feet; S 010 05' 21" W 158.84 feet; along a tangent curve to the right with a radius of 15.00 First American Title Order Number: 4330-7552EvnIiJIT B Page Number: 6 feet through a central angle of 921 10' 32" for an arc length of 24.13 feet to a point of compound curvature; said point being on the Southerly line of Via Portofino as shown on said Tract No. 8831, thence leaving said Easterly line of Via Sorrento along said Southerly line of Via Portofino as shown on said Tract No. 8831 and said Tract No. 8686 the following courses: along a tangent curve to the right with a radius of 944.00 feet through a central angle of 101 57' 31" for an arc length of 180.56 feet; N 751 46' 36" W 238.92 feet; along a tangent curve to the left with a radius of 18.00 feet through a central angle of 1031 08' 03" for an arc length of 32.40 feet to a point in the Easterly line of above said Via Lombardi; thence leaving last said Southerly line along last said Easterly line S 011 05' 21" W 59.84 feet to the Southwesterly corner of Lot 17 of said Tract No. 8686; thence leaving last said Easterly line N 880 54' 39" W 24.00 feet to a point in the Westerly line of Via Lombardi as shown on said Tract No. 8325; thence along said Westerly line of Via Lombardi the following courses: N 11 05' 21" E 59.84 feet; along a tangent curve to the right with a radius of 45.55 feet through a central angle of 380 41' 18" for an arc length of 30.76 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 45.55 feet through a central angle of 381 41' 18" for an arc length of 30.76 feet; N 10 05' 21" E 71.22 feet; along a tangent curve to the right with a radius of 448.12 feet through a central angle of 030 56' 42" for an arc length of 30.85 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 400.12 feet through a central angle of 31 56' 42" for an arc length of 27.55 feet to a point of compound curvature; along a tangent curve to the left with a radius of 166.89 feet through a central angle of 100 52' 56" for an arc length of 31.70 feet to a point of reverse curvature; along a tangent curve to the right with a radius of 166.89 feet through a central angle of 100 52' 53" for an arc length of 31.70 feet; N O10 05' 21" E 41.41 feet; and along a tangent curve to the left with a radius of 126.00 feet through a central angle of 50 36' 15" for an arc length of 12.32 feet; thence leaving said Westerly line of Via Lombardi N 850 29' 06" E 24.00 feet to the point of beginning. Excepting from the above described parcel all of Lots 18 through 35, as shown on that certain Map entitled "Tract No. 8686", which was filed in the office of the Recorder of the County of Santa Clara, State of California on April 10, 1995 in Book 664 of Maps at pages 10 and 11. Pursuant to that certain Lot Line Adjustment recorded December 28, 2001 as Document No. 16032937 of Official Records. Also excepting therefrom the underground water rights, without rights of surface entry, as conveyed to California Water Service Corporation, a California corporation, by Deed recorded December 26, 1990, in Book L575, Page 2230 of Official Records. Parcel Two: An easement for the purposes of pedestrian and vehicular ingress and egress, and an easement for sign purposes related to street names, speed limits, towing notices and other matters necessary for the proper administration of the Portofino development as contained in that certain Easement Deed recorded December 28, 2001 as Document No. 16032941 of Official Records and being on, over or upon the following described parcel: Beginning at a Northwesterly corner of Lot 36 of Tract No. 8686, a Map of which was filed for record in Book 664 of Maps at pages 10 and 11, Santa Clara County Records; said point lying on the Easterly line of Via Lombardi (24' wide) as shown on said tract; thence from said point of beginning along the Westerly line of Lot 36 the following courses: from a tangent bearing of S 40 30' 54" E along a curve to the right with a radius of 150.00 feet through a central angle of 50 36' 15" for an arc length of 14.67 feet; S 010 05' 21" W 41.41 feet; and along a tangent curve to the left with a radius of 18.00 feet through a central angle of 760 51' 57" for an arc length of 24.15 feet to a point in the Northerly line of Via Napoli (24' wide) as shown on said Tract No; 8686; thence leaving said Westerly line of Lot 36 along said Northerly line of Via Napoli the following First American Title FXH Order Number. 4330-755266sc '� IB IT Page Number: 7 courses: S 751 46' 36" E 241.76 feet; along a tangent curve to the left with a radius of 945.00 feet through a central angle of 8° 21' 51" for an arc length of 137.95 feet to a point of compound curvature; along a tangent curve to the left with a radius of 18.00 feet through a central angle of 940 46' 12" for an arc length of 29.77 feet to a point in the Westerly line of Via Sorrento (24' wide) as shown on said Tract No. 8686; thence leaving said Northerly line of Via Napoli along said Westerly line of Via Sorrento as shown on said Tract No. 8686 and said Tract No. 8325 the following courses: N 010 05' 21" E 65.64 feet; along a tangent curve to the left with a radius of 565.38 feet through a central angle of 020 14' 40" for an arc length of 22.15 feet; N 020 43' 16" W 62.37 feet; from a tangent bearing of N 11 07' 27' W along a curve to the right with a radius of 565.38 feet through a central angle of 20 12' 48" for an arc length of 21.84 feet; thence leaving said Westerly line of Via Sorrento the following courses: S 880 54' 39" E 24.77 feet; from a tangent bearing of S 140 53' 13" E along a curve to the left with a radius of 20.00 feet through a central angle of 740 01' 26" for an arc length of 25.84 feet; and S 880 54' 39" E 71.00 feet to a point in the Easterly boundary of said Tract No. 8325; thence along said Easterly boundary S 010 05' 21" W 193.05 feet to a point in the Easterly boundary of above said Tract No. 8686; said point also being a Northeasterly corner of Lot 4 of said Tract No. 8686; thence leaving said Easterly boundary of said Tract No. 8325 along the Southerly and Easterly boundaries of said Tract No. 8686 N 880 54' 39" W 4.00 feet; and N 010 05' 21" E 134.68 feet to the Northeasterly corner of Lot 1 of last said tract; thence leaving last said Easterly boundary along the Northerly line of said Lot 1 N 8811 54' 39" W 64.00 feet; and along a tangent curve to the left with a radius of 18.00 feet through a central angle of 900 00' 00" for an arc length of 28.27 feet to a point in the Easterly line of said Via Sorrento; thence along said Easterly line of Via Sorrento as shown on said Tract No. 8686 and Tract No. 8831, a map of which was filed for record in Book 677 of Maps at pages 23 and 24, Santa Clara County Records, the following courses: S 010 05' 21" W 106.99 feet; along a tangent curve to the left with a radius of 107.92 feet through a central angle of 130 14' 06" for an arc length of 24.93 feet to a point of reverse curvature; along a tangent curve to the right with a radius of 42.73 feet through a central angle of 130 13' 47" for an arc length of 9.87 feet; S 010 05' 21" W 158.84 feet; along a tangent curve to the right with a radius of 15.00 feet through a central angle of 920 10' 32" for an arc length of 24.13 feet to a point of compound curvature; said point being on the Southerly line of Via Portofino as shown on said Tract No. 8831, thence leaving said Easterly line of Via Sorrento along said Southerly line of Via Portofino as shown on said Tract No. 8831 and said Tract No. 8686 the following courses: along a tangent curve to the right with a radius of 944.00 feet through a central angle of 100 57' 31" for an arc length of 180.56 feet; N 75146' 36" W 238.92 feet; along a tangent curve to the left with a radius of 18.00 feet through a central angle of 1030 08' 03" for an arc length of 32.40 feet to a point in the Easterly line of above said Via Lombardi; thence leaving last said Southerly line along last said Easterly line S 011 05' 21" W 59.84 feet to the Southwesterly corner of Lot 17 of said Tract No. 8686; thence leaving last said Easterly line N 881 54' 39" W 24.00 feet to a point in the Westerly line of Via Lombardi as shown on said Tract No. 8325; thence along said Westerly line of Via Lombardi the following courses: N 10 05' 21" E 59.84 feet; along a tangent curve to the right with a radius of 45.55 feet through a central angle of 381 41' 18" for an arc length of 30.76 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 45.55 feet through a central angle of 380 41' 18" for an arc length of 30.76 feet; N 10 05' 21" E 71.22 feet; along a tangent curve to the right with a radius of 448.12 feet through a central angle of 030 56' 42" for an arc length of 30.85 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 400.12 feet through a central angle of 30 56' 42" for an arc length of 27.55 feet to a point of compound curvature; along a tangent curve to the left with a radius of 166.89 feet through a central angle of 101 52' 56" for an arc length of 31.70 feet to a point of reverse curvature; along a tangent curve to the right with a radius of 166.89 feet through a central angle of 101 52' 53" for an arc length of 31.70 feet; N 010 05' 21" E 41.41 feet; and along a tangent curve to the left with a radius of 126.00 feet through a central angle of 50 36' 15" for an arc length of 12.32 feet; thence leaving said Westerly line of Via Lombardi N 850 29' 06" E 24.00 feet to the point of beginning. FirstAmerican Title Ic Order Number: 4330 755266Ic' .X IIB IT B Page Number: 8 Excepting therefrom all of Lots 18 through 35, as shown on that certain Map entitled "Tract No. 8686", which was filed in the office of the Recorder of the County of Santa Clara, State of California on April 10, 1995 in Book 664 of Maps at pages 10 and 11. First American Title Order Number: 4330-755266sc Page Number: 9 EXHIBIT B NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: 4330-755266sc Page Number: 10 EXHIBIT B EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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 which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, 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 authoring the issuance thereof; (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. 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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 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 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 for 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 their 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. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or FirstAmerican Title IBIT r Order Number: 4330-755 sc Page Number: 11 created subsequent to 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 estate or interest insured by this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE ] . Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the ex erdse of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title Order Number: 4330-755EXHIBIT B Page Number: 12 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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 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 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 material or 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 the 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 statutory lien for services, labor or materials (or the claim of 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, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Order Number: 1OfflIBIT330-7552 Page Number: 3 B 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 lawn ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title Order Number: 4330-755266sc Page Number: 14 2. The right to take the land by condemning it, unless: E)ffllB1 * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Tide Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12, SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) 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: FlrstAmerican Title EXHIBIT B 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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 Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/O1) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: First American Title The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. EXHIBIT B FirstAmerican Title EXHIBIT B PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to 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 the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which 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. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www,firstam.com. 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 We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to 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. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. 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 who 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 this Privacy Policy and First American's Fair.Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved I I W o a� I O � m �•f� Q T- O z N Z M �Ps co z n zOo n_ U L O U O a z EXHlBlTb . .. O f`L Z rl m GO W Z ,'ol to 1L0 ao 0M0 m 00 O Z n Z O Z rz� z Q O tj r r r (YrU a d ~ D Ix J fi'90P'ON 'Sad 1999919 PaGG P 19 - � > I — — aJJ — -- — — — — — ---- — —' o _ ./. (any col 11 ) aAUO [fop an/g paa000A � IU < N !T UC oc SL 4 Q '. Zr 1 2, ,m I i, , L, L^ I 2, , M , L, I Z. L, l O1� b I N 1 7 1 M I N I w l Ieb v0, 60 ' I a n lob Igr�D ^I ^r7 Ig N. Ig io n 1 bI . e I I of l o I$ 1 I�VN'I lmf.�ln ZNI N N , I �I 1 - �I NI I ^I la I IN n 1 Tt1 `2 -1 I e ~ ' '2c'SZ o' L, it w I BLO I 9f I 9C LI 4 LE Z, 66'CC ^ _ _ 9S CC M tf Lf if'S, I ' 11 GI9^ WBf1106b91 99601 9s60��7• I I �r60w Wwl 90891 �� v2BY I9'SL 6 06--y- J 1`i5'2T 11 ° u8./JO U (lAdJ _ IIOYBIOJ nn �� Pr' I ouu A c9.9 7 S o _ aDel+Qo_ _ IN 7 d) C-�E 9 °� $ 59,9 C9'6L 9p',9 OI SZ'I9 B � --- rrcv �I N� T9,eo __ cz ze-- cr IN I0 O N N Iw N Q I lY F z L D O IU M Q W Ld l0 U) cw G w O U IW '0 ,C9 0 1 69't I Q b__�I__�-•�I N-a a Pi I`l1 ' �; s�} p�_I� ^I s �N �I ^ �I •� IR �I N wla ,L O11 . l ^ " R CSB(N c nI NNI♦ N • __ 60'19 • 9L'C9 _ ,9'lB -•1• N -9S'L9 _ - bl -L_rB !1 �/ ^ > CB _ _ _ _ _ _ _ 67 O 6 0 „Tt u: --' --'Q _ srce W¢---�-____ W I� ., O N ioi-a--iz,o--j1 W o w a 6i' C9zB n R ° I n 01 ,w�:N I • ^I ^ O �I 1 1 Xi:rv- hI -� N 90�I n 6] CAI 1 OZ = - Y~ ry N NIi N " SLz9 -_ ILW _ O • S9'99 t ,a T �I In pI o'9L a e� d - - Isis- 1-9-- - _ 8929 -/I ;L _ _ ^ } a el fii'SB _ _ M1 \6a� �^ -�RIIr n: Fri_nI N OOII � U N ��T__CwP ozro� �or�I ,n o m L-_a b o> O n ^in ry =Q, e y,,,1 ^ 1 N •_ iS'L9 • CL_S9 $ C9'6L' �I: N _ w a NI �-i "I n : "I Y _ _ L 9 t9 _ _ _ I N R, I 9f 19 _to_ _ �^ h h h n ^ b g „b- -jutCS_il I _ -s9 ira - -„ a " n;,• 9„9 Tl' li-, oss9a.SC_______,t"b__ ___�a a•v Too �R ,„ Ibre7m - �L_sv Y __tS ZB N "I :, ___ _ '____ _ / 91BB^ I• NI -� ,� R 4 ocBe __ Is so 1 9.w MI / - ^----}___n__'.I �'� NI 0 9,'9F--"1 ---'--- 0 O ^I -- -",- h 4�1 ^o wf�n sOI W -t� n S n N n �, �I n e�l,� rn �I ? $ n-_ cs'ce rzBe •' 0 9roe 1= N N I / DN NI o,P`„ci -s 9Z-1 I b try K _ l `rs_6_ 01 j 1 3s29'---0 hI .j h 7�,• ._ I N •y :� I I ..'I- N I IS h N d/ ^I I1 ^ /,;. m ,�I o' cs_u - _ s- - - olrov •f7 NI /j �L NI b ng°ri 7a, wn n-I, I.� oz'x 1 ii L " 0, - ' - t - - elro - - _. ..„�,,;.p�DQLC/O� •BO J/.70 5170 SS'LZ (>lAd/ ZZ'IC . 9[' 99'99 [6__It ~ N • N NI 4.D 89"6S I O go Il,6. or 9rot .. w•1v1rLN.Da_ seat _ zZ.1 ry_47r agar L 101 ...°� Yz'B»',91 'I) SD.97A - a o C I'9Z • - - fi-- 20.B61Y'Ih D6.25g, CZ'ZC t6Y5 I� k y____-9h'Obl_-- •-9 6-9t'OCI ^ ••_SSZI o WE LU y t`118'D_�j _ GC'601 0, ___-t11 V) OS VIA, �".'$Ci'CZ L/IYd I al � .•rl �I 1 N � 1_i, Ii � m !f'srrc S'Su i ~I �i NI M of NI d' -i NI of h i � plOg a/ 0 W p l I ^ 1 09't2 NN I N N'•^.II1I N�o9brI 9.ti='OidZL- _�_1_12a�, 7 01 -Nrv_16 OC'966.�_1 6',9 r!� CNDI Bieem'Ill B.^.,L��.! 2 _2_ 6_8 OSIAYd --- DO OS1--' 6097 --- -- RC'061T,- OC'9fi No O e' Bf Zf Z7 I N 00 o I bl 1 ml I Q rvl b-L---- - - - -T/ v /C ElI ' I i$I nl I bl n Y� ,o1 1 ,iFsi oohs sVd ooze'-'- ------ --------Vl/1 -� I oI d'�g, N s� •r? oo,lz N- �a1 -I N C'l s6753 DC 6YOC 0'9_9 ' to it 1—li'ISI 'Ih 00 n 07 CAB 0 - oN - -- VZNV 3a z �M 0] r U Q r Order Number: 4330-755267sc Page Number: 1 tiY \>t F P. 1 f EXHIBIT B First American Title 1737 North First Street, Suite 500 San Jose, CA 95112 Frank Nicoletti Citation Homes Central 404 Saratoga Avenue, Suite 100 Santa Clara, CA 95050 Phone: (408) 985-6000 Escrow Officer: Jim Rhoden Phone: (408)451-7855 Fax: (408)451-7859 Title Officer: Jim Rhoden Phone: (408)451-7855 Owner: First American Title Guaranty Company Property: Lot 10 of Tract No. 8797 Cupertino, CA 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 encumbrance not shown or referred to as an Exception below 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. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 be 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 or amendments 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 polity of title insurance, a Binder or Commitment should be requested. First American Title Order Number: 4330-755267sc Page Number: 2 EXHIBIT B Dated as of March 07, 2006 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: First American Title Guaranty Company, a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map of Tract No. 8325 filed or recorded December 13, 1990 as book 622 pages 21 through 25 of Maps For: Private Parking, Landscape, Sidewalk and incidental purposes. 4. An easement for communication facilities and incidental purposes, recorded June 4, 1991 as book L737 page 976 of Official Records. In Favor of: Pacific Bell Affects: Common Area 5. An easement shown or dedicated on the Map of Tract No. 8797 as referred to in the legal description For: Fire Access and incidental purposes. First American 7-We Order Number: 4330-755XHIBIT B Page Number: 3 6. A deed of trust to secure an original indebtedness of $15,980,000.00 recorded August 26, 1996 as Document No. 13420232 of Official Records. Dated: July 22, 1996 Trustor: First American Title Guaranty Company, a California corporation under that certain Holding Agreement dated August 7, 1996 by and between First American Title Guaranty Company, a California corporation and PSS Ventures, LLC, a California limited liability company and PSS Ventures, LLC, a California limited liability company Trustee: Equitable Deed Company, a California corporation Beneficiary: Bank of America National Trust and Savings Association, a national banking association Affects: The land and other property. A document recorded December 26, 1997 as Document No. 13990518 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded April 22, 1998 as Document No. 14151092 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. First American Title Order Number: 4330-755267sc Page Number: EXHIRBIT B INFORMATIONAL NOTES 1. 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: None 2. Basic rate applies. 3. Sale of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Order Number: 4330-B Page Number: 5 EXHIBIT LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 10, as shown on that certain Map entitled "Tract No. 8797", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on June 5, 1996 in Book 677 of Maps pages 27 and 28. Excepting therefrom the underground water rights, without rights of surface entry, as conveyed to California Water Service Corporation, a California corporation, by Deed recorded December 26, 1990, in Book L575, Page 2230 of Official Records. First American Title Order Number: 4330-755�XHIBIT B Page Number: 6 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: 4330-7 2XH IBIT B Page Number: 7 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice 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 which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, 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 thereof; (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. 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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 Polity. 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 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 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 for 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 their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Ttie EXHIBIT B Order Number: 4330-755267sc Page Number: 8 created subsequent to 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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I . Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation, 2. Rights of eminent domain or govemmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titie to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. First American Title EXHIBIT B Order Number: 4330-755267sc Page Number: 9 6, AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. 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: I . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (J) 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 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 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 material or 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 the 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 statutory lien for services, labor or materials (or the claim of 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, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or ll the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Tide EXHIBIT B Order Number: 4330-755267sc Page Number: 10 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, regulating, 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 govemmental 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 Polity 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 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: i. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title EXHIBIT B Order Number: 4330-755267sc Page Number: 11 2. The right to take the land by condemning it, unless: ' a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exdusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and PTaximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exdusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25, 5. Failure to pay value for Your Title. 6. Lack of aright: a, to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(10/13/01) 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: First American Title EXHIBIT B 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not exduded 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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 Gaimant 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 Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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, S. 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8, 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This polity does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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 property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water, 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: First American Title EXHIBIT B The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. First American Title EXHIBIT B PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to 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 the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which 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. First American .has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair.Information Values, a copy of which can be found on our website at www.firstam.com. 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 We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to 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. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. 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 who 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 this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved P�� ovi d' 2 zm� tea_ I I i N I � Op v R{zFoo. I O q `af� Z 02 U Ncr V�t•"'e O IcO� I Neil Z R �z•7 1 V,pO<V pq OC < I lI Q'i sc'Jti� 4�N Y I N �325 7 bra i I cq z I XXI Will d •0.. f:i� 5 6 IN ��� -em s,•* f co W ml of x w N [a u 'A r� I 5 8888="8�8A8A88 ( la_ F I` N N N H I h I gIII� i a� sC-tN co tie 5� 31NV10A VIA A VM33b j it 6 .uu x.fc.K.w •JfY ['IT'a �1Tf •lDYlf llY.Vtla ^ OSIAVd VIA �rsrnx � � � • '° ; Y .•[ Oi ...[.K.fw J N � a .u. . ♦.K. K.i °rv� , _ r�x a o•1 Y T'fY I Tn-a'9v. •� 1,Yvaa era i a i 3AI80 OSIAYd iOl >o a aJ Q � J =A ^ I OVMJ GY31s3NOH r 0 J 3 Z ��2d LZOLL9t•;?4