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LLA-The O'Brien Group, Lots 17 & 18, APNs: 342-59-017 & 342-59-018s 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: 16342333 111111111111111111111111 04 -0 Titles:l / Pages 36 Fees... + No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of First American Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) RDE # 002 7/03/2002 8:00 AM LOT LINE ADJUSTMENT, THE O'BRIEN GROUP, A CALIFORNIA CORPORATION, (LOTS 17 AND 18), APNS 342-59-017, 018 Original ❑ For Fast Endorsement LOT LINE ADJUSTMENT Property Owner: The O'Brien Group, a California Corporation, (Lots 17 And 18), APNs 342-59-017, 018 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 Lots 17 and 18, as designated on the attached plat and descriptions marked Exhibits "A" and `B", and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit "C", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from 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 25th day of June, 2002. RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 y Exhibit "A" Existing Lot 17 Track No. 9075, Oak Valley — Unit 2 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 17, as said lot is shown on that certain map entitled "Tract No. 9075 Oak Valley - Unit 2" recorded on July 9, 1998 in Book 705 of Maps at Pages 23 through 29 inclusive, Santa Clara County Records, more particularly described as follows: BEGINNING at the southwesterly corner of said parcel, said corner also being on the northerly right-of-way line of Serra Street, a 29-foot wide right-of-way, as shown on said Tract Map; Thence along the westerly line, of said lot, North 19°52'59" West, 280.93 feet to a point on the northerly line of said lot, said point being on a non -tangent curve to the left from which point a radial line bears North 8°47'00" West; Thence leaving said westerly line, easterly along said northerly line and curve, having a radius of 530.00 feet, through a central angle of 10°26' 12", for an arc length of 96.54 feet to the easterly line of said lot; Thence leaving said northerly line and along said easterly line, South 19°52'59" East, 255.61 feet to a point on the southerly line of said lot and said northerly right of way line, said point on a non - tangent curve to the right from which point a radial line bears North 36°33'07" West; Thence leaving said easterly line, westerly along said southerly and northerly lines and curve, having a radius of 371.00 feet, through a central angle of 15°02'40", for an arc length of 97.41 feet to the POINT OF BEGINNING. Containing an area of 25,793 square feet or 0.59 acres more or less. Basis of Bearings: The Bearing North 72' 36' 00" East, between two standard city monuments along Serra Street as shown on said Tract Map was used as the Basis of Bearings. A plat showing the above -described parcel is attached herein and made a part hereof as Exhibit `B". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. 014�,tqj­j� Marilyn Lopes, PLS 7550 License Expires 12/31/2003 K1Sur96\960069legaUtI Tdoc Pt LAND sly NJ. C� No. 7550 EXP 12/31/03 s�9TFOf CAt\Fd� Exhibit "A" Page 1 of 1 Dated: ! ) O z Exhibit "A" Existing Lot 18 Track No. 9075, Oak Valley — Unit 2 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 18, as said lot is shown on that certain map entitled "Tract No. 9075 Oak Valley - Unit 2" recorded on July 9, 1998 in Book 705 of Maps at Pages 23 through 29 inclusive, Santa Clara County Records, more particularly described as follows: BEGINNING at the southwesterly corner of said parcel, said corner also being on the northerly right-of-way line of Serra Street, a 29 foot wide right-of-way, as shown on said Tract Map; Thence along the westerly line of said lot, North 19°52'59" West, 306.16 feet to a point on the northerly line of said lot, said point being on a non -tangent curve to the left from which point a radial line bears North 2°02'46" East; Thence leaving said westerly line, easterly along said northerly line and curve, having a radius of 530.00 feet, through a central angle of 10°49'46", for an arc length of 100.18 feet to the easterly line of said lot; Thence leaving said northerly line and along said easterly line, South 19°52'59" East, 280.93 feet to a point on the southerly line of said lot and said northerly right of way line, said point being on a non -tangent curve to the right from which point a radial line bears North 21°30'27" West; Thence leaving said easterly line westerly along said southerly and northerly lines and curve, having a radius of 371.00 feet, through a central angle of 4°06'27", for an arc length of 26.60 feet; Thence continuing along last said lines, South 72°36'00" West, 69.37 feet to the POINT OF BEGINNING. Containing an area of 28,031 square feet or 0.64 acres more or less. Basis of Bearings: The Bearing North 72' 36' 00" East, between two standard city monuments along Serra Street as shown on said Tract Map was used as the Basis of Bearings. A plat showing the above -described parcel is attached herein and made a part hereof as Exhibit `B". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. Marilyn Lopes, PLS 7550 License Expires 12/31/2003 KASur96\960069\Lega KLo118.doc 1: rR\N l0G�V N J. �0A *PGA` No. 7550 EXP. 12/31/03 J'1"9r OF CA Exhibit "A" Page 1 of 1 Dated: 6/7 Q a N 02002'46" E__-- (R) 20 19 LEGEND JtiIJ= J (R) — RADIAL POB — POINT OF BEGINNING p049,46h R\ a\ — PROPERTY LINE �S30 21 °� S. " — — — — — EASEMENT LINE Op • \1 pp 18'R�3p_00 L _ � 196.72, \�4'1 0026'12" R�530.00' L=96.54' \� N 08047'00" W D N. IVD S PRIVATE OPEN (R) off``' VN J. SPACE EASEMENT n• . F�' G a -_ D. \ — — — — — — — — — — — 18 N c0 28,031 SQ. FT. N 6 W m N 00 O APN: 342-59-018 w EXISTING LOT LINE TO BE ADJUSTED 0=4006'27" R=371.00' 7.5' P.U.E. L=26.60' N 72036'00" E 69.37' POB LOT 18 S E R R A STREET (29FT. ROW) 17 25,793 SQ. FT. APN: 342-59-017 TRACT 9075 OAK VALLEY —UNIT 2 705 MAPS 23-29 No. 7550 EXP.12/31/03 'TF AL\ Wtv ;+. W (A N Ui s m N Ln L1 16 N 36033'07"—W N_21030'27"_W i (R) i i 41 — p 4 !p 1 5002' 40" R71 •00 POB LOT 17 Subject EXHIBIT "B" Kates k 4780 Chabot Drive, Suite 104 EXISTING LOT 17 AND 18. TRACT 9075 Pleasanton, CA 94588 Job No. 960069-30 Engineers • Surveyors • Planners 925/396-7700 925/396-7799 (FAX) By KT Date 5 24 02 Chkd. ML SHEET 1 OF 1 :✓,\ ur96\'s6006S\GbiG\9L006' ,..3`.Lccl...ine.4d,;\�ct�inc>ac?j.d:ve �3,'0= __2&.30 Pv ?LT Exhibit "A" Proposed Lot 17 Tract 9075, Oak Valley — Unit 2 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Lots 17 and 18, as said lots are shown on that certain map entitled "Tract No. 9075 Oak Valley -Unit 2" recorded on July 9, 1998 in Book 705 of Maps at Pages 23 through 29 inclusive, Santa Clara County Records, more particularly described as follows: BEGINNING at the southeasterly corner of said Lot 17, said corner also being a point on the northerly right-of-way line of Serra Street, a 29 foot wide right-of-way, as shown on said Tract Map, said point also being on a non -tangent curve to the right from which point a radial line bears North 36°33'07" West; Thence along the southerly line of said Lot 17 and said northerly right of way line, westerly along said curve, having a radius of 371.00 feet, through a central angle of 14°34' 51", for an arc length of 94.41 feet; Thence leaving said southerly and northerly lines, North 19°52'59" West, 120.21 feet; Thence North 23°35'40"West, 162.50 feet to a point on the northerly line of said Lot 18, said point being on a non -tangent curve to the left from which point a radial line bears North 7°57' 14" West; Thence along said northerly line of Lot 18 and the northerly line of said Lot 17, easterly along said curve, having a radius of 530.00 feet, through a central angle of 11 ° 15' 58", for an arc length of 104.21 feet to the easterly line of said Lot 17; Thence leaving said northerly lines and along said easterly line, South 19°52'59" East, 255.61 feet to the POINT OF BEGINNING. Containing an area of 25,793 square feet or 0.59 acres more or less. Basis of Bearings: The Bearing North 72' 36' 00" East, between two standard city monuments along Serra Street as shown on said Tract Map was used as the Basis of Bearings. A plat showing the above -described parcel is attached herein and made a part hereof as Exhibit `B". This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. \�,OL LANp S N J. ate."a,22�� 40_� F`r No. 7550 Dated: �/ D Z Marilyn Lopes, PLS 7550 is EXP. 12/31/03 License Expires 12/31/2003 K1S u r96\960069legaUl I7_adj.doc T9TF OF C Al.\F�P�\P Exhibit "A" Page 1 of 1 Exhibit "A" Proposed Lot 18 Track No. 9075, Oak Valley — Unit 2 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Lots 17 and 18, as said lots are shown on that certain map entitled "Tract No. 9075 Oak Valley -Unit 2" recorded on July 9, 1998 in Book 705 of Maps at Pages 23 through 29 inclusive, Santa Clara County Records, more particularly described as follows: BEGINNING at the southwesterly corner of said Lot 18, said corner also being a point on the northerly right-of-way line of Serra Street, a 29 foot wide right-of-way, as shown on said Tract Map; Thence along the westerly line of said Lot 18, North 19052'59" West, 306.16 feet to a point on the northerly line of said Lot 18, said point being on a non -tangent curve to the left from which point a radial line bears North 2°02'46" East; Thence leaving said westerly line and along said northerly line, easterly along said curve, having a radius of 530.00 feet, through a central angle of 10°00'00", for an arc length of 92.50 feet; Thence leaving said northerly line, South 23°35'40" East, 162.50 feet; Thence South 19°52'59" East, 120.21 feet to a point on the southerly line of said Lot 17, also being the said northerly right of way line, said point also being on a non -tangent curve to the right from which point a radial line bears North 21°58' 16" West; Thence along the southerly line of said Lots 17 and Lot 18 and along said northerly right of way line, westerly along said curve, having a radius of 371.00 feet, through a central angle of 4°34' 16", for an arc length of 29.60 feet; Thence continuing along said southerly line of Lot 18 and said northerly right of way line, South 72°36'00" West, 69.37 feet to the POINT OF BEGINNING. Containing an area of 28,031 square feet or 0.64 acres more or less. Basis of Bearings: The Bearing North 72' 36' 00" East, between two standard city monuments along Serra Street as shown on said Tract Map was used as the Basis of Bearings. A plat showing the above -described parcel is attached herein and made a part hereof as Exhibit `B". This description was prepared by me or under my direc 'Qn in conformance with the Professional Land Surveyors Act. �P1. LAND J. (QAG'AG�.L F(P 1?0 No. 751/ Dated: 67 * EXP.12/31/03 � Marilyn Lopes, PLS 7550 License Expires 12/31/2003 �191£DF CA``FO �\P K:\Sur96\960069\LegakLotl8—adj.doc Exhibit "A" Page 1 of 1 0AK VALLEY UNIT I (R) - RADIAL POB - POINT OF BEGINNING N 02002'46" E,'\'0°00 00 R`d — — _ - PROPERTY LINE (R) �30 00 g'S8„ R� - EASEMENT LINE L=92.So• 30'0p' L=196.72' 41 1 015 5g , R==530.00' L=1 04.21 ' 20 Z N 07057'14" W \��yNt LAND S PRIVATE OPEN C4 (R) `�c' ��,`(N J. (O �'AG SPACE EASEMENT cwn s 0 ::E No. 5.0 is EXP.12/31/03 Cn N Q` OF CAUF���\ 02 ------------------ N 7riACT 9070, in Cn DAK VALLEY UNIT rn 705 NJ BPS 23 - 29 w Cn 0 17 m 18 28,031 SQ. FT. 25,793 SQ. FT. Cnn APN: 342-59-018 APN: 342-59-017 0) PROPOSED LOT LINE 16 19 ORIGINAL LOT LINE Z N 0n (O N 36033'07" W ----�R�--- \ o 7.5' P.U.E. p=4034'16" -_---- R=370i L=29.60' -.94 4A� S 72°36'00" W ° 69.37' \ p _1 434' 51 " R=371 p0' 14 I POB �POB A =23°1 1 ' 1 2" R=371 .00' L-150 LOT 17 LOT 18 S E R R A STREET (29FT. ROW) p Subject EXHIBIT "B" im, FA 4780 Chabot Drive, Suite 104 PROPOSED LOT LINE ADJUSTMENT AvmwPleasanton, CA 94588 Job No. 960069-30 Engineers • surveyors • Planners 925/396-7700 925/396-7799 (FAX) By KT Date 5 24 02 Chkd. ML SHEET 1 OF 1 K:\S-96\960069\DWG\960069_30\LotLine Ad j\Lo tMendj_2.dwg 05/23/02 010843 PM PDT EXHIBIT C Escrow Officer: Vicki Pasion Branch: New Homes Order No.: 753380-17 OFFICE NOTES 3RD UPDATE I FOR ESCROW USE ONLY: Reviewed By: Date: Customer Contacted: Date: Items to Clear : All Clear Initials/Date First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 1737 North First Street San Jose, CA 95112 (408) 487-5000 u0723011cu060302ee APPLICANT: YOUR CONTACT PERSON IS :Vicki Pasion CALL (408) 487-5000 FAX NO. (408) 451-7851 ESCROW ORDER NO. 753380-17 TITLE ORDER NO. CUSTOMER REFERENCE PROPERTY ADDRESS 753380-17 3RD UPDATE Oak Valley, Unit 2 10471 Serra Street Cupertino, CA Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: EAGLE Protection Owner's Policy Form No 1490 EAGLE (6198) AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the 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 of Title Insurance in the form specified above, 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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are 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 thereto) 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. Gregory P. Carlson Assistant Vice President Order No. 753380-17 Page No. 2 Dated as of May 24, 2002, at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: THE O'BRIEN GROUP, a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. General and special taxes for the fiscal year 2002-2003, 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. EASEMENT shown on filed map, and incidents thereto Purpose Public Utility Easement Affects Southeasterly 7.5 feet of said Lot. 4. EASEMENT shown on filed map, and incidents thereto Purpose Private Open Space Affects Northwesterly portion as delineated on said Map. Covenants, conditions, restrictions and easements in the document recorded July 9, 1998 as 14274450 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. MODIFICATION(S) thereof recorded March 25, 1999 under Series No. 14721004, Official Records. Document(s) declaring modifications thereof recorded June 26, 2000 as 15291448 of Official Records. 6. AGREEMENT on the terms and conditions contained therein, For Improvement plans and specifications Between City of Cupertino, a municipal corporation And : The O'Brien Group, a California corporation Recorded July 9, 1998 under Series No. 14274453, Official Records. Order No. 753380-17 Page No. 3 A CONSTRUCTION DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount $39,200,000.00 Dated October 12, 1999 Trustor The O'Brien Group, a California corporation Trustee Bank One, Arizona, N.A., a national banking association Beneficiary Bank One, Arizona, N.A., a national banking association Address P.O. Box 29542 (201 N. Central, 14th Floor, 85004), Phoenix, AZ 85038 Loan/Ref. No. None shown Recorded October 29, 1999, under Series No. 15038462, Official Records. Affects : The land and other property. Document(s) declaring modifications thereof recorded July 28, 2000 as 15336264 of Official Records. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: NONE B) General and special taxes and assessments for the fiscal year 2000-2001 First Installment $813.77 paid Penalty $-0- Second Installment $813.77 paid Penalty $-0- Tax Rate Area 13-253 A. P. No. 342-59-017 C) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. D) IN CONNECTION with the above -numbered transaction, the following address will be shown on any 116 endorsement issued to an approved lenders policy. 10471 Serra Street Cupertino, CA Order No. 753380-17 Page No. 4 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 17, of Tract No. 9075, Unit 2, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on Julv 9, 1998, in Book 705 of Maps page(s) 23-29. APN: 342-59-017 PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS: Are your principals using a Power of Attorney? Are any of the parties in title Incapacitated or Deceased? Has a change in marital status occurred for any of the principals? Will the property be transferred to a Trust, Partnership, Corporation or Limited Liability Company? Do the sellers of the property reside outside of California? Is the property the subject of a Tax Deferred Exchange? IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER: All parties signing documents must have a valid photo Identification card, Driver's License or Passport for notarial acknowledgement. Please call your Escrow Officer with the loan or lien payoff information, if required, so that we may order the payoff demand in a timely manner; or advise Escrow Officer if loan is being assumed by buyer. If parties are obtaining a loan, your Escrow Officer will need to have the fire/hazard insurance agent name and phone number to add the new lender on the policy as a loss payee. If there is to be a change of ownership, it will be necessary for parties to indicate how they would like to vest title. We have a worksheet available briefly explaining various methods of holding title; please request one from us. The method of holding title (vesting) has certain legal and/or tax consequences and parties are encouraged to obtain advice from an attorney, CPA or other professional in this matter. FIRSTAMERICAN FIRST AMERICAN TITLE GUARANTY COMPANY 1737 North First Street, San Jose, CA 95112 (408) 451-7800 NOTICE TITLE GUARANTY In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 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 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). Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE ,e 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 (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 (a) 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 or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, 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. 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. o. 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 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 policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS ien 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 _sed 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 or real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. 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. 2. The right to take the land by condemning it, unless • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks Failure to pay value. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks Form No. 1491.EAGLE (10/98) Addendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 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. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED 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. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 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 insuring provisions 14, 15, 16 and 24 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 (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); 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: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 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: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 3. 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 under insuring provision 7. 9. 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 under insuring provision 7. 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. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy: SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority tliat 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 1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. rvoTlcF THIS MAP MAY OR MAY NOT BE A PlCTED SURVEY OF THE LAND DE. HEREON. I T IS NOT t•t>0. 9o' R J' 70 BE RELIED UPON FOR ANY PURPOSE OTHER THAN ,FIENT',T;NG ONE'S GJ.Sr rso.pG. � a GENERA SELF ;S i0 l L IrCAT10N OF THE P.,j THE RCEL FIRST AMERVN OR PARC."LS CF INTERES7, CC N" r.S-iL`4c rl;r LI-C:I.ITY FOR BOSS OR DAMAGE RESL,LTING FROM RiLI!;htCE THEREON. \� ydL d•0 B]• t6 .�. d. + -01 pl{[{ 3 .SI.90.L5 N �E m ? a n CD m I •� � � N W I I tl vl I D / i. 1 / YiL L� In _ =>z_N_M >Z ]8'00 ( I�a,�l• 89.lT 1 el ` �� "I 1�1 �� 99'CL��tl •���l 61� R '—pT Zl���.C..fO .09'.9C.M ps w[• I, 3 p 10,1 �z eop. T R �_ ° EEr .rosl-� LO.SI�v .zl.11.u•o .00'u{-a R•J50.00�0�ZG•79_pp_�.1G t,p°` g' STREE [Iss.3e —® gERRA t SZ,J9 %o l .CL� —_�—�_ S[C.tl .99'901.1 ,IS.L1.91 �0 ,OS'S[C•W 0.1 ,1L • '0•'0>•10 .L9'191-1 39' L.SO. .E1,11 ,Zl, ll.[zA ,00.00"ti .0% Z, Z �/ I _ I kU II 1r k� 8 a Ei S E E S H E E T 4 >� II � II D n r A mZ CD Z� m A� � _E � cn x 30%-,-, ' cam, pa cc a" 4 4 mA r scN 8g9gc3 y _ / to z N NOTICE-- THIS MAP MAYOR MAY NOT BE A SURVEY OF THE LAND DEPICTED HEREON. IT IS NOT TO BE RELIED UPON FOR ANY PURPOSE OTHER THAN ORIENTING ONE'S SELF AS TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS OF INTEREST. FIRST AMERICAN TITLE COMPANY ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM RFI IAtarr ruror/,. N > Z > OS N 0 0 c z �I EXHIBIT C Escrow Officer: Vicki Pasion Branch: New Homes Order No.: 753380-15 OFFICE NOTES 3RD UPDATE NONE FOR ESCROW USE ONLY: Reviewed By: Date: Customer Contacted: Date: Items to Clear All Clear Initials/Date First American Title Guaranty Company PRELIMINARY REPORT Note: Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number. TITLE GUARANTY ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW: First American Title Guaranty Company 1737 North First Street San Jose, CA 95112 (408) 487-5000 0723011cu060302ee APPLICANT: YOUR CONTACT PERSON IS :Vicki Pasion CALL (4u8) 487-5000 FAX NO. (408) 451-7851 ESCROW ORDER NO. 753380-18 TITLE ORDER NO. 753380-18 3RD UPDATE CUSTOMER REFERENCE Oak Valley, Unit 2 PROPERTY ADDRESS 10481 Serra Street Cupertino, CA Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title insurance contemplated by this report is: EAGLE Protection Owner's Policy Form No 1490 EAGLE (6/98) AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. In response to the 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 of Title Insurance in the form specified above, 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 form. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are 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 thereto) 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. Gregory P. Carlson Assistant Vice President Order No. 753380-18 Page No. 2 Dated as of May 24, 2002 at 7:30 a.m. Title to said estate or interest at the date hereof is vested in: THE O'BRIEN GROUP, a California corporation The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. General and special taxes for the fiscal year 2002-2003, 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. EASEMENT shown on filed map, and incidents thereto Purpose Public Utility Easement Affects Southeasterly 7.5 feet of said Lot. 4. EASEMENT shown on filed map, and incidents thereto Purpose Private Open Space Affects Northwesterly portion as delineated on said Map. 5. Covenants, conditions, restrictions and easements in the document recorded July 9, 1998 as 14274450 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. MODIFICATION(S) thereof recorded March 25, 1999 under Series No. 14721004, Official Records. Document(s) declaring modifications thereof recorded June 26, 2000 as 15291448 of Official Records. AGREEMENT on the terms and conditions contained therein, For Improvement plans and specifications Between City of Cupertino, a municipal corporation And The O'Brien Group, a California corporation Recorded July 9, 1998 under Series No. 14274453, Official Records. Order No. 753380-18 Page No. 3 A CONSTRUCTION DEED OF TRUST to secure an indebtedness in the original principal sum shown below and any other amounts and/or obligations secured thereby Amount : $39,200,000.00 Dated October 12, 1999 Trustor The O'Brien Group, a California corporation Trustee Bank One, Arizona, N.A., a national banking association Beneficiary : Bank One, Arizona, N.A., a national banking association P.O. Box 29542 (201 N. Central, 14th Floor, 85004), Phoenix, AZ 85038 Address Loan/Ref. No. None shown Recorded October 29, 1999, under Series No. 15038462, Official Records. Affects : The land and other property. Document(s) declaring modifications thereof recorded July 28, 2000 as 15336264 of Official Records. INFORMATIONAL NOTES A) LENDER'S SPECIAL INFORMATION According to the public records, there have been no deeds conveying the herein described property recorded within two years prior to the date thereof except as follows: NONE B) General and special taxes and 94 paid ents for the fiscal year 2000-2001. First Installment Penalty $-0- Second Installment $813.94 paid Penalty $-0- Tax Rate Area 13-253 A. P. No. 342-59-018 C) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based on equity transferred. D) IN CONNECTION with the above-numbere approved leads s poi ion, the following address will be shown on any 116 endorsement issued apPro 10481 Serra Street Cupertino, CA Order No. 753380-18 Page No. 4 LEGAL DESCRIPTION REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 18, of Tract No. 9075, ►Jnit oncJuM 9 9981Im Book 705 of Maps pfor record in the lce of the age(s} 232g order of the County of Santa Clara, State of California Y APN: 342-59-018 PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO ANY OF THE FOLLOWING QUESTIONS: • Are your principals using a Power of Attorney? • Are any of the parties in title Incapacitated or Deceased? • Has a change in marital status occurred for any of the principals? • Will the property be transferred to a Trust, Partnership, Corporation or Limited Liability Company? • Do the sellers of the property reside outside of California? • Is the property the subject of a Tax Deferred Exchange? IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER: • All parties signing documents must have a valid photo Identification card, Driver's License or Passport for notarial acknowledgement. • Please call your Escrow Officer with the loan or lien payoff information, if required, so that we may order the payoff demand in a timely manner; or advise Escrow Officer if loan is being assumed by buyer. • If parties are obtaining a loan, your Escrow Officer will need to have the fire/hazard insurance agent name and phone number to add the new lender on the policy as a loss payee. • If there is to be a change of ownership, it will be necessary for parties to indicate how they would like to vest title. We have a worksheet available briefly explaining various methods of holding title; please request one from us. The method of holding title (vesting) has certain legal and/or tax consequences and parties are encouraged to obtain advice from an attorney, CPA or other professional in this matter. FIRSTAMERICAN FIRST AMERICAN TITLE GUARANTY COMPANY 1737 North First Street, San Jose, CA 95112 1 I (408) 451-7800 TITLE GUARANTY NO-TICE In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ($500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction i the dimensions or 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 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). Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 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 (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 applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULE'B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: axing t. Taxes assetsssments which are no interests, or claimst h hshownare notsshownby ttheas exiting liens bytpublicorecc records buthe recrds of any twhi h couldrity bethat levies ascerta ascexes rtained antinspection ents on real of said land or public f persons in 2. Any factt s, rights, session thereof. 3, aments, claims of easement or encumbrances which are not shown by the public records, in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public 4. Discrepancies, conflicts in boundary lines, shortage records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. 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 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, ordiUaanc o use or enjoymen9 of tfon (including but not he land: (ii) the characteredimensionls orr location of any mprovement no orinances, or aheeafter terected on the i land: r(iu)ba'separation ng or ing to (i) the oc p Y ( ) ownership oin the dimensions regulations, a of the landor anept to the exptent that awhich notic' or e of theenforcement the eof or a notice of environmental protection defect lien or encumbrance resulting from these laws, o d change 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 nd has been recorded in the public records at Date of Policy. a violation or alleged violation affecting the la 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 icy. r interest insured by this policy, by reason of the operation off 4. Any claim, which arises out of the transaction vesting in the Insured the estate ofederal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS sociation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are When the American Land Title As 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 or real property or by the pubic records. scertained by an inspection of said land or by making inquiry o 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be a persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown nt the public records. ould disclose, and which are not shown by public 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey w records. 5, Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. Any lien, or right to a lien, for services, labor or material thereSOCIAT10Nhereaftertofore or RESIDENTIAL TITLE INSUtshown YRANCEPOLICY the public fe1987 10. AMERICAN LAND TITLE AS 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 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. 2. The right to take the land by condemning it, unless • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public records that result in no loss to you -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks that first affect your title after the Policy Date 4. Failure to pay value. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks orm No. 1491.EAGLE (10/98) .ddendum to Exhibit A ADDENDUM TO EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 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. to violations of building 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 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: in the Public Records; a, that are created, allowed, or agreed to by You, whether or not they appear 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 oes not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. d, that first occur after the Policy Date — this d 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; an b, in streets, alleys, or waterways that touch the Land -his Exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED 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 or relating of: 1. (a) Any law, ordinance or governmental regulation (including the character, ter, t limitsi to buior ldingion of any and improv , ordinances, now or hereaftet eorected otnlthe Land; (u) la separation in ownership on of these laws, o a the occupancy, use, or enjoyment of the Land; (") or a change in the dimensions or area of the exce t totherany extentthatlof which a notice ofthe he enforcement was or a notice of a defect, Ilienoorr encumbrance underresulting insuring pion, or the effect of any ro) sioviolation ns 14, alleged15, 16 ordinances or governmental regulations, p violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided from and 24 of this policy. (b) Any governmental police power not excluded has (a) above, xc pt to the extene Public Recotra oti a of of policy. erc'sThis eexclusion dreof or a toes not Iice of a amit the coveect, lien rrage provided under encumbrance tl ns ur rig the ex a violation or alleged violation affecting the provisions 14, 15, 16 and 24 of this policy. as 2. Rights of eminent domain unless notice of thebe binding thereof has been rights of arputchad in the Publlialue wiRecorhout s t Ddge. te f Policy, but not excluding from coverage any taking which occurred prior to Date of Policy which would 9 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 recordedClaimant became Record sat Date ed of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insure Claimant prior to the date the Insured 16, 17, 19, 20, 21, 23, 24 and 25); (c) resulting in no loss or damage to the Insured Claimant; provisions 7, 8, (d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring p or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. ss laws of thestateause of the i nability or fa lure Landes screed t Date of Policy, or the inability or failure of any subsequent owner of the 4. Unenforceability of the lien of the Insured Mortgage indebtedness, to comply we of thInd a ith applicable doing r claim thereof, which arises out of the transaction evidenced 5. Invalidity or unenforceability of the lien of the Insured Mortgage, oby the Insured Mortgage and is base upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. reason of the operation of federal bankruptcy, state insolvency, or 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest heinsured of mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. as to advunces or er the provided under insuring provision 7. Any claim of invalidity, unenforceabiheyowlack of ner of thelestatefthe or interest t coveredrby this �polli y. This exclusion does modifications limit the coverage p Insured has Knowledge that the 7. ee shown in Schedule A is no longer ry advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other Lack of priority of the lien of the Insured Mortgage as to each and eve matters affecting title, the existence of which are Known to the Insured at: The time of the advance; or of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification The time a modification is made to the terms than it would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. 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. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 19 92 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added isusen the Sol c 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 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 ewhich are not shown bybhehpublic records but whi h couldlbetascertained byhat levies an or assessments on rt public an inspection of said or by making inquiry of persons in 2. Any facts, rights, interests, or claims possession thereof public records. rrect 3. Easements, claims of easement or encumbrances which are not shown by the 4. Discrepancies, conflicts in boundary lines, shortage in exceptions area, patents or n acthmens authorizing the issuance thereof; waterVrights,uc aims lortitle o water. ch are not shown by public records. 5. Unpatented mining claims; reservations 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: Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NO ^ tR99W 4BRbRR a - ^8eo ASS --^. cg a ,3p , CM o�W 0 M ui "d =id.4 6 tiu6 M i I I 11 Ua CICY �i 0 > 1 3 3 H S 3 3 S 16 ' 1 — � � pM00. W' O.T]ll'iT' l.laf ,e)t ) •6f, 01 •[p.q {,� _ psss. 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