LLA-Tandem Computers-Vallco Pkwy, Finch Ave, Wolfe Rd-APNs: 316-20-036 & 316-20-037RECORDING REQUESTED BY
s City of Cupertino
oc?-e)
WHEN RECORDED MAIL TO:
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
Doc#: 15128280
1/21/2000 8:00 AM
( SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT
Tandem Computers Incorporated, a Delaware Corporation
APN 316-20-36 and APN 316-20 .S7
DOCUMENT TITLE
❑ Original
For Fast Endorsement
09,1 j, 49
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
RECORDING REQUESTED BY: City of Cupertino
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: Tandem Computers Incorporated, a Delaware Corporation
(Parcels A & B)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINEADJUSTMENT 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 Parcels A and B , as designated on the attached
plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record
owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with
the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or
more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel
and that a greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder interest)
is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the
event that any change in title interest of ownership (including lien holder interest) from the
specified on the preliminary title report designated on Exhibit `B" and attached hereto, occurs prior
to the recordation of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this day of U /- , 1999
BERT VISKOVICH
CITY ENGINEER
CIT
By:
1998
Job No. 89189-23
May 22, 1998
Page 1 of 1
EXHIBIT "A"
Legal Description
Parcel A — Before Adjustment
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
All of Parcel 4 as shown on that certain Parcel Map filed for record on June 19, 1973 in
Book 325 of Maps, at Page 12, Records of Santa Clara County.
Containing: 9.341 acres, more of less.
Description prepared by Kier & Wright, Civil Engineers & Surveyor's , Inc
--/o
Date
Ted F. Wilson. L.S. 6425
6
\\server 1 \admin\word\89189-23\extol-a.doc
Job No. 89189-23
May 22, 1998
Page 1 of 1
EXHIBIT "A"
Legal Description
Parcel B — Before Adjustment
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
All of Parcel 1 as shown on that certain Parcel Map filed for record on August 3, 1987 in
Book 576 of Maps, at Pages 31 and 32, Records of Santa Clara County.
Containing: 4.348 acres, more of less.
Description prepared by Kier & Wright, Civil Engineers & Surveyor's, Inc
Date
:Ted L: Wilson, L.S. 41
r CA1-\F
gANvord\89189-23\ex1g1-b.doc
Job No. 89189-23
July 13, 1998
Page 1 of 1
EXHIBIT "A"
Legal Description
Parcel A — After Adjustment
All that certain real property, being a portion of Parcel 1, as shown on that certain Parcel
Map filed for record on August 3, 1987 in Book 576 of Maps, at Pages 31 and 32,
Records of Santa Clara County and being a portion of Parcel 4 as shown on that certain
Parcel Map filed for record on June 19, 1973 in Book 325 of Maps, at Page 12, Records
of Santa Clara County, situate in the City of Cupertino, County of Santa Clara, State of
California, more particularly described as follows:
That portion of said Parcel 1 and that portion of said Parcel 4, lying westerly of the
following described line:
Beginning at the southeast corner of said Parcel 4, said point being on the northerly right-
of-way line of Stevens Creek Boulevard, as shown on said Parcel Map filed in Book 325
of Maps at Page 12; thence westerly along said northerly right-of-way and along the
southerly line of said Parcel 4 South 89°36'00" West 215.00 feet to a point on a line
being parallel with and westerly 215.00 feet, measured at right angles from the easterly
boundary line of said Parcel 4, said point also being the True Point of Beginning; thence
northerly along said parallel line and its prolongation thereof North 00°24'00" West
527.78 feet to a point on the northwesterly line of said Parcel 1, shown as" N 88°54'46"
E 835.00' " on said Parcel Map filed in Book 576 of Maps at Pages 31 and 32, distant
westerly 195.49 feet from the easterly terminus of said northwesterly line, as measured
along said northwesterly line.
Containing: 7.740 acres, more of less.
Description prepared by Kier & Wright, Civil Engineers & Surveyor's , Inc
7
Date
Ted L. Wilson, L.S. 642
fAword\89189-?3\prlgl-a.doc
77
Job No. 89189-23
July 13, 1998
Page 1 of 1
EXHIBIT "A"
Legal Description
Parcel B — After Adjustment
All that certain real property, being a portion of Parcel 1, as shown on that certain Parcel
Map filed for record on August 3, 1987 in Book 576 of Maps, at Pages 31 and 32,
Records of Santa Clara County and a portion of Parcel 4 as shown on that certain Parcel
Map filed for record on June 19, 1973 in Book 325 of Maps, at Page 12, Records of Santa
Clara County, situate in the City of Cupertino, County of Santa Clara, State of California,
more particularly described as follows:
That portion of said Parcel 1 and that portion of said Parcel 4, lying easterly of the
following described line:
Beginning at the southeast corner of said Parcel 4, said point being on the northerly right-
of-way line of Stevens Creek Boulevard, as shown on said Parcel Map filed in Book 325
of Maps at Page 12; thence westerly along said northerly right-of-way and along the
southerly line of said Parcel 4 South 89°36'00" West 215.00 feet to a point on a line
being parallel with and westerly 215.00 feet, measured at right angles from the easterly
boundary line of said Parcel 4, said point also being the True Point of Beginning•, thence
northerly along said parallel line and its prolongation thereof North 00°24'00" West
527.78 feet to a point on the northwesterly line of said Parcel 1, shown as " N 88°54'46"
E 835.00' " on said Parcel Map filed in Book 576 of Maps at Pages 31 and 32, distant
westerly 195.49 feet from the easterly terminus of said northwesterly line, as measured
along said northwesterly line.
Containing: 5.950 acres, more of less.
Description prepared by Kier & Wright, Civil Engineers & Surveyor's, Inc
Date
ed I ilson, L.S. 642
\\server I \admin\wo rd\89189-23\pr1g1-b. doc
EACH Fri A
LOT ACREAGE
PARCEL A
PARCEL B
EXISTING
9.341
4.348
PROPOSED
7.740
5.950
LINE TABLE:
LINE BEARING DISTANCE
L 1 S 89' 36' 00" W 99. 00'
L2 S 89` 36' 00" W 11. 00'
L3 N 01* 05' 14" W 112. 12'
L4 S 89* 36' 00" W 110. 00'
L5 N 59° 14' 31" E 162. 25'
L6 - N 00* 30' 10" W 200. 91'
L7 N 31' 45' 23" E 0. 16'
L8 N 58° 14' 37" W 5. 00'
L9 N 31 ° 45' 23" E 85. 16'
L 10 N 58' 14' 37" W 73. 00'
LEGEND
CEN TERLINE
PROPERTY LINE
--
PROPOSED LOT LINE
- -
- -
EXIST LOT LINE
- -
(TO BE REMOVED)
CURVE
TABLE:
CURVE
RADIUS DELTA
LENGTH
C 1
850. 00' 32° 15' 33"
478.
57'
C2
60. 00' 89' 18' 46"
93.
53'
C3
595. 00' 28° 24' 35"
295.
03'
C4
25. 00' 90* 06' 10"
39.
31'
C5
888. 00' 32° 15' 33"
499.
97'
C6
30. 00' 90* 00' 00"
47.
12'
C7
650. 00' 32° 50' 37"
372.
60'
C8
595. 00' 4° 26' 02"
46.
04'
VALLCO PKWY.
N 88'54'46" E 854.00' _
N 88 54'46 "-E- 759.00'
G
® TOTAL PROPERTY TO BE TRANSFERED
( 3. 236t ACRES)
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N 88 54'46" E
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DATE
EXHIBIT A„ SCALE MAY 1998
LOT LINE ADJUSTMENT 1" = 200'
CUPERTINO CALIFORNIA DR. BY LAS
K I ER & WRIGHT JOB 89189-23
FOR: TANDEM COMPUTERS w CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408)727-6665 1
h. \dwq\89189-2J\11a.dwg „ULY 13, 1998 J.39 PM Santa Clara, California 95054 FAX (408)727-5641 OF 1
H O-
d All -Cal Title Company
901 Campisi Way, Campbell, CA 95008, (408) 559-3424 Fax: (408) 377-0284
TO: Tandem Corporation ESCROW OFFICER: Phyllis Cotta
10400 N. Tantau Ave. ESCROW NUMBER: 00099368
LOC 248-04
Cupertino, CA 95014-3544
Attn: Ernie Piccone
. 99368/PC
Property Address: 90050 N. Wolfe Road, Cupertino, CA
PRELIMINARY REPORT
In response to the above referenced application for a Policy of title insurance, All -Cal Title 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 Policies Forms should be read. They are available from the office that 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.
This report is subject to a $250.00 cancellation fee as required by Section 12404 of the Insurance Code
and Rule 2 of the Department of Insurance Bulletin 80-12.
Dated as of April 22, 1998 at 7:30 a.m.
For Exceptions Shown or Referred to, See Attached
E�7
�ii���
Order No. 00099368
Page No. 2
The form of policy of title insurance contemplated by this report is: ALTA and/or CLTA
The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee
Title to said estate or interest at the date hereof is vested in:
Tandem Computers Incorporated, a Delaware corporation
EXHIBIT
Order No. 00099368 Page No. 3
Exhibit A
The land referred to herein is situated in the City of Cupertino, County of Santa Clara,
State of California, and is described as follows:
All of Parcel 4, as shown on that certain Parcel Map filed for record on June 19, 1973 in
Book 325 of Maps, at page 12, Records of Santa Clara County.
EXCEPTING THEREFROM the underground water rights thereto, with no right of
surface entry, as granted to California Water Company, by instrument recorded
December 7, 1987 in Book K381, page 1279, Official Records.
ARB No. 316-19-036 & 316-19-037
05/18/1998 ar
Order No. 00099368
EXHIBIT B
Page No. 4
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. Taxes for the fiscal year 1998/99, a lien, but not yet due or payable.
2. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes
of 1983 of the State of California, as amended."
3. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: City of Cupertino, a municipal corporation
For: the installation, construction, reconstruction, maintenance, repair and operation
of public utilities and appurtenances, and work auxiliary thereto
Recorded: December 7, 1966, in Book 7582 of Official Records at page 612.
Affects: Southerly 10 feet and Westerly 12 feet of said land
4. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: Cupertino Sanitary District of Santa Clara County
For: Sewage pipe line and incidents thereto
Recorded: May 12, 1972, in Book 9842 of Official Records at page 428.
Affects: All that certain real property situate in the City of Cupertino, County of Santa
Clara, State of California, and being more particularly described as follows:
Beginning at the intersection of the monument line of Stevens Creek Boulevard with the centerline of
Wolfe Road; thence along said centerline N. 10 05' 14" W., 358.00 feet; thence leavings aid centerline
at right angles thereto N. 880 54' 46" E., 54.00 feet to the true point of beginning, said point being on
the Easterly right-of-way line of Wolfe Road; thence along said right-of-way line N. 10 05' 14" W.,
10.00 feet; thence leaving said right-of-way line at right angles thereto N. 880 54' 46" E. 41.00 feet;
thence along a line parallel with said right-of-way line S. 10 05' 14" E. 10.00 feet; thence along a line
S. 880 54' 46" W., 41.00 feet to the true point of beginning.
5. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: Pacific Gas and Electric Company
For: Aboveground and underground facilities and incidents
Recorded: March 1, 1973, in Book 0259 of Official Records at page 406.
Affects: As follows:
The three parcels of land conveyed to Vallco Park, Ltd., one under Parcel Two in the deed from
Western Title Guaranty Company Santa Clara County Division dated May 8, 1968 and recorded in
the office of the County Recorder of said County of Santa Clara in Book 8117 of Official Records at
page 669; another, the Southerly 1243.0 feet of Parcel Three described in said deed dated May 8,
1968; and the other, the Westerly 320.0 feet of the parcel of land described in the deed from Western
Title Guaranty Company Santa Clara County Division dated December 9, 1969 and recorded in the
office of said County Recorder in Book 8764 of Official Records at page 265.
1. A strip of land of the uniform width of 10 feet lying contiguous to and Easterly and Northerly of the
Westerly and Southerly boundary lines of said lands and extending from the Northerly boundary line
of said lands Southerly and Easterly 2076.4 feet.
Order No. 00099368
EXHIBIT B
Page No. 5
2. A strip of land of the uniform width of 10 feet extending from the Northerly boundary line of the
strip of land herein before described and designated 1 and lying equally on each side of a line which
begins at a point in the Northerly boundary line of the city street known as Stevens Creek Boulevard,
distant along said Northerly boundary line 27.7 feet Easterly from its point of intersection with the
Westerly boundary line of said Parcel Two and runs thence N. 00 24' W. 118.5 feet, thence N. 260 58'
W. 47.0 feet.
6. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To:
Pacific Bell
For:
Communication Facilities
Recorded:
March 9, 1984, in Book 1365 of Official Records at page 426.
Affects:
Westerly 12 feet of said land
7. The terms and Conditions of that certain Assignment and Consent to Use of Development Rights by
and between Vallco Park, Ltd.; Will W. Lester; Hazel B. Lester and Westland Projects N.V., recorded
January 21, 1986, in Book J580, page 470, Official Records.
8. The Terms and Conditions of that certain Assignment and Consent to Use of Development Rights by
and between Vallco Park, Ltd., a California Partnership and Tandem Computers Incorporated, a
Delaware corporation recorded December 18, 1989 in Book L199, page 1979, Official Records.
9. Lease upon the terms, covenants, and conditions contained therein,
Dated: April 17, 1993
Lessor: Tandem Computers Incorporated, a Delaware corporation
Lessee: EurekaBank, a Federal Savings Bank
Disclosed By: Memorandum of Lease
Recorded: April 19, 1993 in Book M725 of Official Records, Page 1868.
Returned To Address: 950 Tower Lane, Ste. 600, Foster City, CA 94404, Attn: Grant S. Harmon
NOTE: Said lease contains provisions for renewal.
10. Lease upon the terms, covenants, and conditions contained therein,
Dated: March 15, 1995
Lessor: Tandem Computers Incorporated, a Delaware Corporation
Lessee: Kaiser Foundation Health Plan, Inc., a California nonprofit public
benefit corporation
Disclosed By: Memorandum of Lease
Recorded: March 29, 1995 in Book N802 of Official Records, Page 1678.
Returned To Address: P.O. Box 12916, Oakland, CA 94604, Attn: Real Estate Department
11. Any unrecorded and subsisting leases.
Order No. 00099368
EXHIBIT B
Page No. 6
NOTE(S)
1. Taxes for the fiscal year 1997/98 as follows:
Bill No. 316-20-036Code Area 13-003
First Installment:
Second Installment:
Exemption:
$126,647.44 PAID
$126,647.44 PAID
$0.00
2. - The last recorded instrument(s) conveying record title to the premises is/are:
Grant Deed executed by Vallco Park, Ltd., a California limited partnership, Grantor(s), to
Tandem Computers Incorporated, a Delaware corporation, Grantee(s), recorded December 18,
1989 in Book L199 of Official Records, Page 2188.
NSTR
ARB #'s 316-19-036 & 316-19-037
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EXHIBIT EXHIBIT B
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
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 or 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 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 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 claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the" transaction
creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights
laws.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or 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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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) 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 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 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.
ORT3157-1 (Rev01-01-95)
EXHIBIT A (Continued) 7 XHIBI- V
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 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 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; 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 Rev. 1992)
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
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 ownerships 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.
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 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 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 the applicable "doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage 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 to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or govemment 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 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.
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
ORT 3157-1 (Rev 01-01-95)
-BIT 13
EXHIBIT A (Continued)
(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 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 to a purchaser for value or a judgment or lien creditor.
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, attomeys' 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
improvements on the land
land division
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 taking 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 knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title
Risks.
4. Failure to pay value for your title.
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.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of
parties in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered
Title Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in
patents or in acts authorizing the issuance thereof.
ORT 3157-1 (Rev 01-01-95)
EX IE31T B
AAll -Cal Title Company
901 Campisi Way, Campbell, CA 95008, (408) 559-3424 Fax: (408) 377-0284
TO: Tandem Corp. ESCROW OFFICER: Phyllis Cotta
10400 N. Tantau Avenue ESCROW NUMBER: 00099451
LOC 248-04
Cupertino, CA 95014-3544
Attn: Ernie Piccone
99451 /PC
Property Address : 19333 Vallo Parkway, Cupertino, CA
Buyer:
PRELIMINARY REPORT
In response to the above referenced application for a Policy of title insurance, All -Cal Title 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 Policies Forms should be read. They are available from the office that 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.
This report is subject to a $250.00 cancellation fee as required by Section 12404 of the Insurance Code and
Rule 2 of the Department of Insurance Bulletin 80-12.
Dated as of April 27, 1998 at 7:30 a.m.
For Exceptions Shown or Referred to, See Attached
Order No. 00099451
EXHJBIT 8
Page No. 2
The form of policy of title insurance contemplated by this report is: ALTA and/or CLTA
The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee
Title to said estate or interest at the date hereof is vested in:
Tandem Computers Incorporated, a Delaware corporation
Order No. 00099451 Page No. 3
Exhibit A
The land referred to herein is situated in the City of Cupertino, County of Santa Clara,
State of California, and is described as follows:
All of Parcel 1 as shown on that certain Parcel Map, filed for record on August 3, 1987
in Book 576 of Maps, at pages 31 and 32, Records of Santa Clara County.
EXCEPTING THEREFROM the underground water with no right of surface entry, as
granted to California Water Company, by Deed recorded December 7, 1987 in Book
K381 of Official Records, Page 1279.
AR B/316-19-027, 034, 038 &039
05/19/1998 on
Order No. 00099451
. LXHOIT 8
Page No. 4
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. Taxes for the fiscal year 1998/99, a lien, but not yet due or payable.
2. "The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 498, Statutes
of 1983 of the State of California, as amended."
3. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: City of Cupertino, a Municipal Corporation
For: the installation, construction, reconstruction, maintenance, repair and operation
of public utilities and appurtenances, and work auxiliary thereto
Recorded: December 7, 1966, in Book 7582 of Official Records at page 612.
Affects: Southerly 10 feet
4. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: Pacific Gas & Electric Company
For: aboveground and underground facilities and incidents
Recorded: March 1, 1973, in Book 0259 of Official Records at page 406.
Affects: Southerly 10 feet
5. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: Pacific Gas and Electric Company and The Pacific Telephone and Telegraph
Company
For: utilities
Recorded: January 28, 1974, in Book 0741 of Official Records at page 89.
Affects: Northerly 10 feet
6. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: Santa Clara Valley Water District
For: storm drain or drains
Recorded: February 25, 1982, in Book G622 of Official Records at page 132.
Affects: a portion in the Southeast corner of said land
A Resolution of the City Council of The City of Cupertino approving Parcel Map and
Improvement Plans of property located at Vallco Parkway to Stevens Creek Boulevard,
Tantau Avenue, including Finch Avenue; Developer, Vallco Park Ltd; Authorizing Execution
of Standard Improvement Agreement, Deferred Improvement Agreement and Authorizing
Signing of Parcel Map and Improvement Plans, recorded September 14, 1987 in Book K292
of Official Records, page 688.
Order No. 00099451
EXHIBIT B
Page No. 5
8. An easement affecting that portion of said land and for the purposes stated herein and
incidental purposes as shown on the filed map.
For: Public Service Easement
Affects: Easterly 10 feet of premises
9. The terms and conditions of that Certain Assignment and Consent to Use of Development
Rights by and between Vallco Park Ltd., a California Partnership and Tandem Computers
Incorporated, a Delaware corporation, recorded December 18, 1989 in Book L199 of Official
Records, page 1979.
NOTE(S)
1. Taxes for the fiscal year 1997/98 as follows:
Bill No. 316-20-077, Code Area 13-003
First Installment: $25,957.27 PAID
Second Installment: $25,957.27 PAID
Exemption
$0
2. The last recorded instrument(s) conveying record title to the premises is/are:
Grant Deed executed by Vallco Park Ltd., a California limited partnership, Grantor(s), to Tandem
Computers Incorporated, a Delaware corporation, Grantee(s), recorded December 18, 1989 in
Book L199 of Official Records, Page 2188.
NSTR
ARB 316-19-027,034,038 & 039
LB/on
Compared: on
EXHIBIT B.
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"IIT 8
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
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 or 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 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 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 claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land
or 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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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) 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 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 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.
ORT 3157-1 (Rev 01-01-95)
EXHIBIT A (Continued)
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 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 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; 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 Rev. 1992)
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
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 ownerships 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.
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 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 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 the applicable "doing business laws" of the state in which the land is situated.
5. Any claim, which arises out of the transaction creating the interest of the mortgage 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 to a purchaser for value or a judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or government 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 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.
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
ORT 3157-1 (Rev 01-01-95)
LXHI IT 8
EXHIBIT A (Continued)
(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 claim of priority of any statutory lien for services, labor or materials over the lien ofthe
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 to a purchaser for value or a judgment or lien creditor.
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
improvements on the land
land division
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 taking 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 knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records.
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks.
4. Failure to pay value for your title.
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.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inquiry of parties
in possession of the land.
2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of Covered Title
Risks.
3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does not limit the
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptions in patents
or in acts authorizing the issuance thereof.
ORT 3157-1 (Rev 01-01-95)