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LLA-First American Title Guaranty Co, Via Paviso and Via Lombardi, APN: 316-01-220, Lots 9,10, 15 and 160:� -0 2 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 DOCUMENT: 19460876 11111111111111111111111111111111 Pages: 41 Fees.... 129.00 Taxes... Copies.. AMT PAID 129.00 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of First American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT First American Title Guaranty Company APN: 316-01-220; Lots 9,10,15 and 16 Lein 8/ 13jo-- RDE # 014 6/07/2007 8:00 AM '-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 9, Lot 10, Lot 15, and Lot 16 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 4 day of JV 0 , 2007. Ralph A. Qualls Jr. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 By: CALIFORNIA•ACKNOWLEDGMENT State of California County of E)00b�j C.ICAt^(A_ On-,V1C1IE� lU before me, personally appeared " 6uer k n J�V_ptd b( i C ind Title of Officer (e.g., "Jane Doe, Notary Public") vel roe(s) of Sioner(s) R personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(ewhose name(,$)'is/alxe subscribed to the KAREN BERNARD-GUERIN within instrument and acknowledged to me that ComR'lisslon #t 1615449 1 he/sHeAl-ley executed the same in his/i,�authorized `� Notary Public - Catfomio ; capacity(ies}, and that by his/hefA4eir signature(* on the sanfa Clara County L6f+rlyComm.ExpiresNov9, instrument the person(#, or the entity upon behalf of which the person* acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature 4ZZZ " Z 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.Aet j 3 i (p _CA —O?Gt( j Description of Attached Document 4 Title or Type of Document: Ifn AA Document Date: J I l Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .0 0 © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 15236-3 EXHIBITA 11/29/ GFZ Lot 9 EXHIBIT `A' DESCRIPTION LOT 9 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 9 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; Together with the following parcel: PARCEL 3 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 described as follows: BEGINNING at a point on the westerly line of Lot 10, said point of being North 01°05'21" East 5.72 feet from the southeasterly corner of Lot 9 of said Tract No. 8797; thence from said POINT OF BEGINNING the following courses: North 01005'21" East 15.09 feet; along a tangent curve to the right with a radius of 65.55 feet through a central angle of 38°41' 18" for an arc length of 44.26 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 25.55 feet through a central angle of 33°43'22" for an arc length of 15.04 feet; South 86030"00' East 1.87 feet; South 13°37'00" West 71.76 feet; and North 86°05'00" West 6.20 feet to the POINT OF BEGINNING. Excepting therefrom the following parcel: PARCEL 2 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 described as follows: BEGINNING at the southeasterly corner of Lot 4; thence from said POINT OF BEGINNING the following courses: South 01°05'21" West 16.29 feet; along a tangent curve to the right with a radius of 25.55 feet through a central angle of 4°57'56" for an arc length of 2.21 feet; thence North 86°30'00" West 4.50 feet; thence North 01°22'00" East 18.31 feet to the southerly line of Lot 4; and South 88°54'39" East 4.51 feet to the POINT OF BEGINNING. (EXP. 9/30/08) STATE OF CALIFORNIA END OF DESCRIPTION / �'/ v 7 DATE CIVIL ENGINEERING* LAND PLANNING* LAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925)225-0690 15236-3gz11-29-05Tract8797Lot9.doc EVIIBITA 115236-3 1/29/05 GFZ Page 1 of 2 Lot 10 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; Together with the following parcel: PARCEL 2 Being a portion of Lot 9 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 described as follows: BEGINNING at the southeasterly corner of Lot 4; thence from said POINT OF BEGINNING the following courses: South 01°05'21" West 16.29 feet; along a tangent curve to the right with a radius of 25.55 feet through a central angle of 4°57'56" for an arc length of 2.21 feet; thence North 86°30'00" West 4.50 feet; thence North 01°22'00" East 18.31 feet to the southerly line of Lot 4; and South 88°54'39" East 4.51 feet to the POINT OF BEGINNING. Excepting therefrom the following parcels: PARCEL 1 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 described as follows: BEGINNING at a point on the northerly line of Lot 10, said point being North 89°30'43" West 25.59 feet from the most northeasterly corner of Lot 10; thence from said POINT OF BEGINNING leaving said northerly line the following courses: South 01007'00" West 68.19 feet; South 03°44'00" West 21.22 feet; North 88°16'00" West 4.90 feet; South 02020'00" West 31.78 feet; South 01030'00" West 24.02 feet; and South 00°26'00" West 32.35 feet to the northerly line of Lot 3; thence along said northerly line of Lot 3 North 88°54'39" West 113.16 feet to the northwesterly corner of Lot 3; thence leaving said northwesterly corner the following courses: North 02054'39" West 1.67 feet; North 01°05'21" East 20.34 feet; South 88°54'39" East 97.50 feet; North 01°05'21" East 140.46 feet; along a tangent curve to the right with a radius of 20.00 feet through a central angle of 47°55' 16" for an arc length of 16.73 feet to a point on the northerly line of Lot 10; and South 89°30'43" East 15.58 feet to the POINT OF BEGINNING. PARCEL 3 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 described as follows: BEGINNING at a point on the westerly line of Lot 10, said point of being North 01°05'21" East 5.72 feet from the southeasterly corner of Lot 9 of said Tract No. 8797; thence from said POINT OF BEGINNING the following courses: North 01°05'21" East 15.09 feet; along a tangent curve to the right with a radius of 65.55 feet through a central angle of 38°41' 18" for an arc length of 44.26 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 25.55 feet through a central angle of 33043'22" for an arc length of 15.04 feet; South 86°30'00" East 1.87 feet; South 13°37'00" West 71.76 feet; and North 86005'00" West 6.20 feet to the POINT OF BEGINNING. 15236-3gz11-29-05Tract8797Lot10.doc EXJ-fTRTT A 111 2 03 / / 5 GFZ Page 2 of 2 Lot 10 PARCEL 4 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 described as follows: BEGINNING at a point on the southeasterly line of said Lot 10, said point also being the northeasterly corner of Lot 6 of said Tract No. 8797; thence from said POINT OF BEGINNING the following courses: along the common line of Lot 10 and Lot 16, North 01°05'21" East 4.32 feet; along a tangent curve to the right with a radius of 215.50 feet through a central angle of 5°14'22" for an arc length of 19.71 feet to the southeasterly corner of Lot 5 of said Tract No. 8797; thence along the general westerly line of Lot 10 along said curve to the right with a radius of 215.50 feet through a central angle of 4°14'24" for an arc length of 15.95 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 150.66 feet through a central angle of 2°49'08" for an arc length of 7.41 feet; leaving said common line of Lot 5 and Lot 10 South 88015'00" East 15.94 feet; South 01°34'00" West 65.53 feet; North 89°09'00" West 19.38 feet to a point on the common line of Lot 6 and Lot 10; and along the common line of Lot 6 and Lot 10 North 01°05'21" East 18.64 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED BY: GARY ZABZTZICA " LICENSED LAND SURVEYOR NO. (EXP. 9/30/08) STATE OF CALIFORNIA DATE MACKAY&SOMPS CIVIL ENGINEERING* LAND PLANNING OLAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 15236-3gz11-29-05Tract8797Lot10.doc EMI15236-3 BIB' tl 11/29/05 11 GFZ Lot 15 EXHIBIT `A' DESCRIPTION LOT 15 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 15 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; Together with the following parcel: PARCEL 1 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 Records described as follows: BEGINNING at a point on the northerly line of Lot 10, said point being North 89030'43" West 25.59 feet from the most northeasterly corner of Lot 10; thence from said POINT OF BEGINNING leaving said northerly line the following courses: South 01°07'00" West 68.19 feet; South 03°44'00" West 21.22 feet; North 88°16'00" West 4.90 feet; South 02°20'00" West 31.78 feet; South 01030'00" West 24.02 feet; and South 00°26'00" West 32.35 feet to the northerly line of Lot 3; thence along said northerly line of Lot 3 North 88°54'39" West 113.16 feet to the northwesterly corner of Lot 3; thence leaving said northwesterly corner the following courses: North 02°54'39" West 1.67 feet; North 01°05'21" East 20.34 feet; South 88°54'39" East 97.50 feet; North 01°05'21" East 140.46 feet; along a tangent curve to the right with a radius of 20.00 feet through a central angle of 47055' 16" for an arc length of 16.73 feet to a point on the northerly line of Lot 10; and South 89°30'43" East 15.58 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED BY: GARY ZARE � A,: DATE — LICENSED LAND SURVEYOR NO. 6 C ; L 67np, (EXP.9/30/08) 9' STATE OF CALIFORNIA a ?;; MA & SOMPS CIVIL ENGINEERINGOLAND PLANNING* LAND SURVEYING 5142 Franklin Drive Suite 6, Pleasanton, CA. 94588-3355 (925) 225-0690 15236-3gz11-29-05Tract87797Loti5.doc 15236-3 EXHIBITA11/29/05 Z GFZ Lot 16 EXHIBIT'A' DESCRIPTION LOT 16 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 16 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; Together with the following parcel: PARCEL4 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 described as follows: BEGINNING at a point on the southeasterly line of said Lot 10, said point also being the northeasterly comer of Lot 6 of said Tract No. 8797; thence from said POINT OF BEGINNING the following courses: along the common line of Lot 10 and Lot 16, North 01°05'21" East 4.32 feet; along a tangent curve to the right with a radius of 215.50 feet through a central angle of 5°14'22" for an arc length of 19.71 feet to the southeasterly corner of Lot 5 of said Tract No. 8797; thence along the general westerly line of Lot 10 along said curve to the right with a radius of 215.50 feet through a central angle of 4°14'24" for an arc length of 15.95 feet to a point of reverse curvature; along a tangent curve to the left with a radius of 150.66 feet through a central angle of 2°49'08" for an arc length of 7.41 feet; leaving said common line of Lot 5 and Lot 10 South 88°15'00" East 15.94 feet; South 01034'00" West 65.53 feet; North 89°09'00" West 19.38 feet to a point on the common line of Lot 6 and Lot 10; and along the common line of Lot 6 and Lot 10 North 01°05'21" East 18.64 feet to the POINT OF BEGINNING. END OF DESCRIPTION PREPARED BY: �d o� GARY Z Z ne LICENSED AN NO. 9 (EXP. 9/30/08) 0 L 6' x STATE OF CALIFORNIA' DATE MACIM& SOMPS CIVIL ENGINEERING* LAND PLANNING OLAND SURVEYING 5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355 (925) 225-0690 15236-3gz11-29-05Tracct8797Lot16.doc ry J 0 m N Q LLJ 0 R=192.5' HOMESTEAD ROAD 2'45'15" —v----�_ L=9.25' N88°54'39 W 24.00' w O N O o Do 0 lzi o� 0 _4 r N W �- �- = O O O 0 z W N O O o N ao z N06° 13' 1 1"W(R=192 N60°15'41"E(R=20'cs ) o LOT 2 N � (PARCEL 1) o 5462 SF FROM LOT 10 TO LOT 15 _ z N88°54'39" W 154.50' EXISTING LOT LINE N88°54'39"W w w N_88°54'39"W 97 57.00' oo N )rlq- I to N81°p1 34 E POB 23'5S' PLC 1 N89130'43"W --------®--- 15.58 25.59' _ 1.05' __ _ i 6.431.18' — - ----- i------- i -- I I I �o pwrilli �Q I 0 m I f v0.J 1 � ,C-Q ,t(mf �rz , Z-� II v�o L�— 0 N O ( I w✓ z V I R=11 V i I CC)N° ' Or— N I wo 14°4p 8.62— —�— — — —I— . If) o 1=30.381 VIA O z R=1 18 62 VOLAN TE D_ �ooN o 4°4p'21" ' (00 z L=30.38' I _ N O� < z ,noo � �N Cr-'\V Ln 7 � 28, D o 13 2 31 1 N N 0 I I I ]� LO N O O N 1 13.16/ o z I LOT zz z N88°54'39"W 117.44' __ z R=174' --- N89°55'O1"W (R) R=194' 11°16'30" 8 00 O L-------L----- (o o C CV R=126' ,--- : cn i-_." R=106' 11°16'30" 61.25' N88°54'39" W 86.93' N88°54'39" W R=150' 4° 0O' 00" - L=10.47' LOT 1 AREA TABLE I ❑RIGINAL LOT 10 23,371 SF ;.� LOT 15 20,203 SF � 00 N 11°16 30 L=20.86' L=24.80' I I LOT 3 �u") I 36 j O �- C) C� O 0 0 I I o I e Co LTI z z I� C4 m R=186.89' R=166.89' I ' co0° R=174' 10°52'53" 10°52'53 L=31.70��� LO co � - 4°00'00" L=35.49' _i �I Ln L=12.15' / �R=166 89' V1'4 CL_ - A J 0 Iw 24.00' N88154'39" W z/? —ADJUSTED 16,216 SF 25,665 SF L=31.70%��� 10°52'56' l L=27.90' R=380.12' I R=400.12' D_ 0 I LOT 4 6.17 r- L= L=26.17' L=27.3*56'5 L=27.55' I 35 R=468.12' ~ I ' R=448.12' i cc)3°56'42" J 3°56'42" i tp L=32.23' L=30.85' OMi N 1 N POB SEE SHEET 2 SHEET 1 OF 3 LOT LINE ADJUSTMENT BETWEEN LOT 10 AND LOT 15 TRACT 8797 CUPERTINO CALIFORNIA CIVIL ENGINEERS, INC. CIVIL ENGINEERING. LAND PLANNING.LAND SURVEYING 5142 FRANKLIN DRIVE, SUITE 8, PLEASANTON CA 94%8 PH: 925 225-0690 PLEASANTON 1" = 60' NOV. 17, 2005 1 15236-3 OFFICE SCALE DATE JOB N0, SEE SHEET 1 LOT 1 35 LOT 4 �,., N N t�_,_,_ I I L 4.00' N88°54'39"W POB I �'Lr PCL 2 w w I � N88°54'39" W I LOT 14 N88° 54' 39" W 24.00' LOT 7 w NM o O N z N73°14'21"W R 4.51' - �_�_ c v I I -' N88°54'39"W 123.12' 118.61 J I9 _ (PCL 2); r SEE N C9 2S3 22S2 AIL;,,^ % z 3 SF FROM LOT 9 TO LOT 10 O \ N64°O1'Z"W(R>D �,\ 1_o W EXISTING 4zse"fil - 4,"3" 8" �N LOT LINE rn `n w LOT 9 POB z PCL 3 Na z 110.92' 0c N88154'39"W o TRACT No. 8797 BK 677 M 27,28 SEE SHEET 3 L CURVE TABLE LOT 5 LOT 10 III � IIII 8'4 S,SS POb � � C �F/N q ° 4'3� �68„ ( PCL l 3) 7 ill 1546 SF PROM LOT T4 I 10 T0; LOT 9 60 EO 0 ] 7 W N w W I 0 OO °O I 1 oz C) I ' z z < ; 1 I' I. 0 z R=25.55' sz 4.501.a-22DETAIL 2O' N.T.S. % Z r- O AREA TABLE No, RADIUS --DELTA-- LENGTH ------ Cl 25. 55' 38° 41' 18" 17, 25' TANGENT TABLE No, BEARING DISTANCE T 1 NO 1 ° 05' 21 " E 16, 29' T2 N86° 30' 00" W 6, 37' T3 N01 ° 05' 21" E 5, 72' T4 N86° 05' 00" W 6, 20' T5 N01 ° 05' 21" E 15, 09' r ORIGINAL L 0 T 9 11,146 SF LOT 10 23,371 SF CUPERTINO _ADJUSTED 11,609 SF 16,216 SF SHEET 2 OF 3 LOT LINE ADJUSTMENT BETWEEN LOT 9 AND LOT 10 TRACT 8797 CALI MMY&SOnPs CIVIL ENGINEERS, INC. CIVIL ENGINEERING -LAND PLANNING.LAND SURVEYING 5142 FRANKLIN DRIVE, SUITE 8, PLEASANTON CA 94588 PH: 925 225-0691 PLEASANTON 1' = 60' NOV. 17, 2005 15236-3 OFFICE I SCALE I DATE JOB NO. EXHIBIT A AREA TABLE ORIGINAL ADJUSTED --------- --------- LOT 10 23,371 SF 16,216 SF LOT 16 14,964 SF 16,194 SF N88°54'39"W W EXISTING --� 24.00' ;t N LOT LINE �? N N O W LOT 9 Poe 0 PCL 3 N� LOT 7 z 110.92' oN N88°54'39"W o TRACT No. 8797 BK 677 M 27,28 LOT 5 o� O z J o z N88°54'39" W < "G N z �L 0 Q Cam) �,l N88°54'39"W 5.75' w o O J 0 R=150, 6E 9°28'46" L=24.93' N82° 15'01"W N88°5439"W R=215.501 9°28'46" 106.82' L=35.65' it LOT 16 N83°40'17"W (R)" 156.67' N88154'39"W EXISTING LOT LINE ory Q�v� M Q O � N89°09'00" W LOT 6 19.38' N88°54'39"W 24.00' CURVE TABLE z-RSTA TE No, RADIUS DELTA LENGTH C2 150, 66' 6° 39' 38' 17. 51' C3 150. 66' 2° 49' 08' 7, 41' C4 215. 50' 4° 14' 24' 15. 95' C5 215. 50' S° 14' 22' 19. 71' TANGENT TABLE No, BEARING DISTANCE T3 N01 ° 05' 21' E 5, 72' T4 N86° 05' 00' W 6, 20' T6 N88° 15' 00' W 15, 94' SEE SHEET 2 J LO o: N OL 0 z "OR Y l fiiiii 804 s.ss Pp R rOFINo C PCL 13> 4 1546 SF FROM LOT r4 1 10 TO; LOT 9 � I 1 o0 17 ��2 o ry I �w Q I ' F 1 I N O N O o o ° .J I oz zO z Q I I ' I I ' O 1 1 R=170.66, T6 9-28'46" ` s R=195.50' P ^^ / 9°28'46,,-- l�1 L=32.34'( PCL 4Jr'MQS A 1 c SF FROM t� �LOT 10 TO cc) LOT 161 I ' CL- 1 N N D. 1 o I 1 0 1 21 LD 1 ' 1 20.00 I ' LOT 13 N88°54'3 "W \\ � y i ANl 2gp VA S M AR p SHEET 3 OF 3 LOT LINE ADJUSTMENT BETWEEN LOT 10 AND LOT 16 TRACT 8797 CUPERTINO ('Al IMPMA m aY&SIMps CIVIL ENGINEERS, INC. CIVIL ENGINEERING. LAND PLANNING.LAND SURVEYING 5142 FRANKLIN DRIVE, SURE B, PLEASANTON CA 94588 PH: 925 225-0690 PLEASANTON 1- = 6W NOV. 17, 2005 1 15236-3 OMCE SCALE DATE JOB NO. Order Number: 4330-755275sc /�� Page Number: 1 i EXHIBIT B First American Title 1737 North First Street, Suite 500 San lose, 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 Property: Lots 9, 15 and 16 of Tract No. 8797 Cupertino, CA PRELIMINARY REPORT 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 Dated as of March 29, 2006 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Order Number: 4330-755275sc Page Number: 2 EXHIBIT B 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. General and special taxes and assessments for the fiscal year 2005-2006. First Installment: $4,053,32, PAID Penalty: $0.00 Second Installment:. $4,053,32, PAYABLE Penalty: $0.00 Tax Rate Area: 13-003 A. P. No.: 316-01-220 Affects Lot 9 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for sanitary sewer and incidental purposes, recorded April 11, 1969 as book 8496 page 574 of Official Records. In Favor of: Cupertino Sanitary District of Santa Clara County Affects: Lot 16 First American Title order Number: 4330-755275sc Page Number: 3 An easement shown or dedicated on the Map of Tract No. 8325 filed or reco)Ed eecfb BIT 1990 as book 622 pages 21 through 25 of Maps [[��`11.11 B For: Private Parking, Sidewalk, Landscaping and incidental purposes. Affects Lot 9. The Fire Access Easement is hereby terminated and shall have no further force or effect over any part or portion as disclosed by that certain Quitclaim Deed executed by Santa Clara County Central Fire Protection District, recorded June 28, 1995 in Book N899, page 121, 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: Affects: Pacific Bell Common Area An easement shown or dedicated on the Map of Tract No. 8797 as referred to in the legal description For: Public Utilities, Sanitary Sewer, Fire Access, Private Street and incidental purposes. 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 American 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. FirstAmerican Title order Number: 4330-755275sc Page Number: 4 EXHIBITB ....__..... __...._ .......... ......._ _.. ._.__.........._. F INFORMATIONAL NOTES 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. 4. Lots 15 and 16 are not assessed for taxes. 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: 4330-755275sc Page Number: 5 EXHIBIT B LEGAL DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lots 9,15 and 16, 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. APN: 316-01-220 First American Title Order Number: 4330-755275sc Page Number: 6 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: 4330-755275sc Page Number: 7 EXHIBIT EXHIBIT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 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, attomeys' fees or expenses) which arise by reason of: l . 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; (ill) 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. in the 2 from coveragee eany t k n'g which h stioccur occurred prior to Date of Policy which woulddbe binds g lonrthe rights of aepurcha' er 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 tc 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 laimapnt a`ynd not disclosed in writing to the Company by the, insured claimant prior to the date the insured claimant became an insured under this oli (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; ( 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 Title Order Number: 4330-755275sc Page Number: 8 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if themeXgfhIT B paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCi[ATI ON 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. ons in patents or in Acts authorizing the issuance thereof; water rights, claims or title to 5. Unpatented mining claims; reservations or excepti 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 1. 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 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, ptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to 5. Unpatented mining claims; reservations or exce 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 Tit/e Order Number: 4330-755275sc Page Number; 9 EvA11 BIT 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992NL 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: 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 (1) 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. 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 Title Order Number: 4330-755275sc Page Number: 10 EXCLUSIONS FROM COVERAGE EXHIBIT B 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 governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) e- 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: (1) 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. 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: 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. shown by the public records but which could be ascertained by an inspection of said land 2. Any facts, rights, interests, or claims which are not 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. in Acts authorizing the issuance thereof; water rights, claims or title to 5. Unpatented mining claims; reservations or exceptions in patents or 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 2. 3. 4. 5. Order Number: 4330-755275sc Page Number: it EXHIBIT B 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. 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 Failure to pay value for your title. 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: First American Title 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 dimenarcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of thla e Tm governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien b Mn 11 resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy, is 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 (10/13/01) 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. SCHEDULES 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. ublic records but which could be ascertained by an inspection of said land 2. Any facts, rights, interests, or claims which are not shown by the p 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. in acts authorizing the issuance thereof; water rights, claims or title to 5. Unpatented mining claims; reservations or exceptions in patents or 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 Fairinformation 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 ao ON3 Oa3dfm joy w NVs ri! EXHIB C1 Z °J m I N �~ ^ \ IR I toss •a •aro ovza s<q tVoa �i,, Nssv. c x nerom c I O o 7 I I 'lns3 tsn nxouraxm •_ � ' n'r< ,y . 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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: 4330-755267sc Page Number: 2 Dated as of March 07, 2006 at 7:30 A.M. EXHUBIT B 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 Title Order Number: 4330-755267sc 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. EXHIBIT B 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: 4 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 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: 4330-755267sc Page Number: 5 LEGAL DESCRIPTION EXHIBIT B 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: 4330-755267sc Page Number: 6 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: 4330-755267sc Page Number: 7 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 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: 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. (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. 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 Title 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 sustain m a a paid value for the estate or interest insured by this policy. AJL 1INT B 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 l . 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 1. 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 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. 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 l . 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: 4330-755267sc Page Number: 9 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 EXHIBIT B 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: l . (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 (1) 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 8 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. S. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Order Numbea-TITBIT B Page Numbe 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 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 polity 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: 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 the 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 3. 4. 5. Order Number: 4330-755267S Page Numb IT The right to take the land by condemning it, unless: FJXHI * 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. 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 Failure to pay value for your title. 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 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 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: First American Title 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning la r an o�r a10T restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) t r►� i ati of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change n e imens ons or are 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 encumbrancp 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 B. 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. SCHEDULEB 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 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. 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 First American Title PRIVACY POLICY EXHIBIT B 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 Fairinformation 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 Fairinformation 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 F',9 g ^ 2 N I O D Z N D m 10 c rri D 0 0 0 Is ma cn ;kD wee•u•Tv"x Bays RO& 1. r - r -{ >40 ^ ^ `' o0 PAVISO DRIVE PpNm S1 m. r kc, HOMESTEAD ROAD 39.E In jn am •r: = � w m•x+ov w m z b` z N3LA" B Ji r n Ro I.x1' W w la �S2 m•s+K Y xxvlux. • e D oxa�et-sx•sv-w a v= k cnO k - r ^A SO 0' • w sa.an •. 14Ao' LOt) JUNIPeRO SERA�°FR E AY G 2 -1 wex•w�p'w /� - m I _ � I Ts, a I I H I tir- -40 fir%I I I 8 VIALA _YON_TE_ I l a I1rjD I I Ise I I�CS g W I W I m W ~I> LD I Ia N v' Lai I D LOTI 98 I o a y o `vno I ( � c IZ v+ LA N I nor :>�I. �u —• ,,,,;;=o T., I .8S•'m�wwfSa6mom8aY > I I gmaooma.'sNN�s'sa s L_ ,z•,z•�<��� >•+'+-I I S8S�°:�mHi3:,8n8y � _J ^ c ID ID ' ZDD O _ 0, co CY, I' t2• �2.1— I I i ti r K �i1f �ilC I o,r0® n ob i i — orNo, I k • I2' IIda � _��� Z jig ti r i ;�• ,2• I I R ` T� p. aoa I > y ro ry�tlb°��z '�• � � ^ o �C�a� y 1_F•= Y I W N Lam', 071 0 0 C9 4 li •r�� � I M tlN• iO — NOd'il p0' �roo ? �J !I VIA SAN 14 -J m z b SK ° ovq