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LLA-22185 and 22195 Via Camino Ct. - APN 326-46-013 and 326-46-014RECORDING REQUESTED BY City of 'Cupertino t^�rqac;D COPY: "i its docvrh0TA'l)�. 1 6- •n/ (/J� t been i iwo npsl3li�lit.-h the origin -al. SANTA CLARA COUNTY RECORDER WHEN RECORDED MAIL TO: CITY OF CUPERTINO 10300 TOR -RE AVENUE CUPERTINO, CA 95014 Doc# 13746528 6/18/1997 2 16 PM ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT between 22185 and 22195 Via Camino Ct. APN 326-46-013 and 326-46-014 DOCUMENT TITLE NO FEE IN ACCORDANCE WITH 60V C001E 6103 ORIGINAL 3149 SEPARATE PAGE, PURSUANT TO GOUT. 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: Elim Huang and Lan Lin Huang, Husband and Wife as joint tenants (Lot 107) Bea Smith, an unmarried woman (Lot 108) 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 107 and 108, 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 18-1.202.3C 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 Z day of ur12 1997. BERT VISKOVICH CITY ENGINEER CIT By: 1UTA EXHIBIT A LEGAL DESCRIPTION EXISTING LOT 107 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Being all of Lot 107, as shown on that certain Map of Tract No. 4430, which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps at page 10. t Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31 /01 Page 1 of 5 EXHIBIT A LEGAL DESCRIPTION EXISTING LOT 108 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Being all of Lot 108, as shown on that certain Map of Tract No. 4430, which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps at page 10. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31 /01 Page 2 of 5 ti. EXHIBIT A LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the northwesterly corner of Lot 107, as shown on that certain Map of Tract No. 4430, which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps at page 10; thence along the northerly line of said Lot 107 N 63017'59" E 164.31 feet to the northeast corner of said Lot 107; thence along the easterly line of said Lot 107 S 57°09'50" E 20.00 feet; thence along the easterly line of said Lot 107 and Lot 108 as shown on said Map S 37057'20" E 73.58 feet; thence leaving said line S 65'34' 16" W 82.17 feet; thence S 68047'26" W 56.50 feet; thence S 78000' 1 1 " W 60.79 to a point on the westerly line said Lot 107 and the easterly line of Via Camino Court as shown on said Map; thence along said westerly line of Lot 107 along a curve to the left from a tangent which bears N 12'09' 12" W thru a central angle of 14032'49" with a radius of 260.00 feet for an arc length of 66.01 to the POINT OF BEGINNING. Said parcel of land containing 14,981 square feet, more or less. Prepared by: Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31 /01 Page 3 of 5 EXHIBIT A LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southwest corner of Lot 108, as shown on that certain Map of Tract No. 4430, which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps at page 10, said point being on the easterly line of Via Camino Court as shown on said Map; thence along the easterly line of Via Camino Court and the westerly line of Lot 108 N 01 °49'31 " W 30.00 feet and along a tangent curve to the left thru a central angle of 10°19'41 " with a radius of 260.00 feet for an arc length of 46.87 feet; thence leaving said line N 78'00' 1 1 " E 60.79 feet; thence N 68°47'26" E 56.50 feet; thence N 65034' 16" E 82.17 feet to a point on the easterly line of said Lot 108; thence along said easterly line S 37°57'20" E 20.76 feet and S 10°51'10" W 106.36 feet to the southeasterly corner of said Lot 108; thence along the southerly line of said Lot 108 S 82032'14" W 174.52 feet to the POINT OF BEGINNING. Said parcel of land containing 17,528 square feet, more or less. Prepared by: ' Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31 /01 Page 4 of 5 c X I. o� 3q. 2� 1 'V. y� 2° ; _AG /L• EXHIBi-f A --.4/,io��� ���• 3G' Lof /08 410d To Lof/07 ' 716 5,, a� N �h� E N -P �r Loff-_� � Hof _4 25•F as09°Zpl29" yea- L=42.39 . -70•� L ' 3 r0 3o. oo N 049' 3/" M n coo rFri l CA I� M, P ur a;v�y ` 9 KIRKEBY ENGINEERING PLAT TO ACCOMPANY DESCRIPTION SCALE:_/"'90' 2397 FOREST AVENUE TRA/1 SFER l-0T 108 TO DATE: Mf/R I997 SAN JOSE, CA 95128 (408) 984-0331 L o T i07 JOB NO. 910/9 Santa ' Clara ' e Land Company PRELIMINARY REPORT ORDER NO. 00123674 Don Bahl & Associates 2140 Garden Terrace Mountain View, CA 94040 Attn.: Don Bahl EXHIBIT" Escrow Branch: 20355 Stevens Creek Blvd Cupertino, CA 95014 (408)252-0600 Fax (408)255-6080 Escrow Officer: Linda Bentson Title & Administrative Services: 701 Miller Street, San Jose, CA 95110 (408)288-7800 Fax(408)993-1070 Title Officer: Greg Ball/eip Ref. No: Property Address: 22185 Via Camino Court Cupertino, CA APN: 326-46-013 ARB: 326-46-013 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should 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 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. The form of policy of title insurance contemplated by this report is: CLTA Owner's, ALTA Lender's Dated as of March 17, 1997 at 7:30 am. Title Officer 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: Bea Smith, an unmarried woman The land referred to in this Report is situated in and State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. EXHIBIT B Page No. 2 Fite No. 00123674 1. TAXES for the fiscal year 1997-98, a lien not yet due or payable. 2. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1 st Installment $699.28 Delinquent + Penalty $69.92 2nd Installment $699.28 Open Assessor's Parcel No. 326-46-013 Code Area 13-027 Land $22,381.00 IMP $84,549.00 PP NONE Exemp $7,000.00 3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. An easement affecting the portion of said land and for the purpose. stated herein and incidental purposes, shown or dedicated by the map herein referred to: (A) For: Public Service Easement Affects: Westerly 10 feet of said land (B) For: Sanitary Sewer Easement Affects: Northerly 10 feet of said land (C) For: Storm Drainage Easement Affects: A strip of land 10 feet in width as shown on the filed Map 4. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. Recorded: May 8, 1968 in Book 8115, Page 510, Official Records. Reference to the records is hereby made for further particulars. Page No. 3 EXHIBIT B File No. 00123674 5. A deed of trust to secure an indebtedness in the original amount shown below, Dated : April 25, 1996 Amount: $326,000.00 Trustor : Bea Smith, an unmarried woman Trustee : Standard Trust Deed Service Company, a Corporation Beneficiary : Mercury Mortgage Service Corporation of California, a California corporation Recorded : May 13, 1996 in Book P 327, Page 1348, Official Records Address : P.O. Box 719, Hayward, CA 94543 Loan No.: 20910 NOTES: a. Date last insured: 05/13/96 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- NONE Page No. 4 AHBIT B File No. 00123674 SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 108, as shown on that certain Map of Tract No. 4430, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps, page(s) 10. EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as granted to City of Cupertino, a Municipal corporation by instrument recorded May 29, 1968 in Book 8140, page 221, Official Records. ARB No: 326-46-013 APN No: 326-46-013 EXHIBIT B u 4 a� V S� — mc�3' O 0 `\„J9 log I o \\ p 1 R I OIL' IVSS R i rg \ tN g i� / • $ � Im Ivi zrJis nns ,g z='ss sesst�e.c � ssa. \ \I \ :too ZZZ04 22J84 o t fl O MN \ 4 .2 6K a• 10. 14. h I I O rs \��n~A41G��4tiRd``P 4k, �h 01 a'-E£sessc S � I N a� HulOMSNItl I oiroJ 1 0 01 J I o L OCCO/ 95CJJ I OOLOJ OL OL � ... £ oN 'Nfl 11H 110Nr KMO R 0er,, atr 171a1 H1ijOMSNIV— hi V J ai co 6 O m rri F- � Of 6 V M EXHIBIT "A" r.,A � LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form I Coverage. If the issuance of any other type of policy is anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 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 locations 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 had 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 liens for services, labor or materials, or to 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 or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the 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) subordination of the interest of the insured mortgagee as the 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 accept 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 purchaser for value or a judgment or lien creditor. EXHIBIT A - continued tAHIBIT 1-3 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 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 locations of any improvement now or hereafter erected on the land; (ii) 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 had 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. 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 the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by 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. EXCEPTIONS FROM COVERAGE 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 maters excepted under (a), (b) or (c) are shown by the public records. �=a Title Company • 97 of 11WQME tI& i-.1:1Z1Tr�l 11 ORDER NO.00124053 Bahl Homes 2140 Garden Terrace Mt. View, CA 94040 Dahl Escrow Branch: E"A" H I B I T B 20355 Stevens Creek Blvd Cupertino, CA 95014 (408) 252-0600 Fax (408) 255-6080 Escrow Officer: Linda Bentson/tn Title & Administrative Services: 701 Miller Street, San Jose, CA 95110 (408) 288-7800 Fax (408) 993-1070 Ref. No: Property Address: 22195 Via Camino Court Cupertino. CA APN: 32u-46-v 14 ARB: 326-46-014 In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should 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 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. The form of policy of title insurance contemplated by this report is: CLTA Owner's, ALTA Lender's Dated as of April 8, 1997 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A FEE Title to said estate or interest at the date hereof is vested in: Elim Huang and Lan Lin Huang, husband and wife as joint tenants The land referred to in this Report is situated in and State of California, County of Santa Clara and is described as follows: (See "Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. EXHIBIT 13 Page No. 2 File No. 00124053 1. TAXES for the fiscal year 1997-98, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and Taxation Code of the State of California. 3. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, shown or dedicated by the map herein referred to: (A) For: Storm Drainage Easements Affects: as shown on the recorded Map hereinafter referred to (B) For: Private Storm Drainage Easement Affects: as shown on the recorded Map hereinafter referred to (C) For: Public Service Easement Affects: Southwesterly 10 feet of said land 4. Covenants, Conditions and Restrictions in a Declaration of Restrictions, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. Said covenants, conditions and restrictions do not provide for reversion of title in the event of a breach thereof. Restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or national origin are deleted. Recorded: May 8, 1968 in Book 8115, Page 510, Official Records. Reference to the records is hereby made for further particulars. 5. A deed of trust to secure an indebtedness in the original amount shown below, Dated : March 26, 1997 Amount: $416,000.00 Trustor : Elim Huang and Lan Lin Huang, husband and wife Trustee : Frederick Wark Beneficiary : Nationsbanc Mortgage Corporation Recorded : April 3, 1997 under Recorder's Series No. 13659589, Official Records Address : 2 North Lake Avenue, Suite 300. Pasadena, CA 91101 Loan No.: 25107574 Page No. 3 EXH i B IT B File No. 00124053 NOTES: a. Date last insured: 4/3/97 b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. C. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub -escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. According to the public records, no Deeds conveying the property described in this report have been recorded within a period of two (2) years prior to the date of this report, except as shown herein -- Grantor: Daniel L. Leavitt Trustee and Rebecca A. Leavitt Trustee, Trustees of the Leavitt Family Trust, dated June 22, 1994 Grantee: Elim Huang and Lan Lin Huang, husband and wife, as joint tenants Recorded: April 3, 1997 under Recorder's Series No. 13659588, Official Records. f. TAXES for the fiscal year 1996-97, a lien, shown as follows: 1 st Installment $1,478.86 Paid 2nd Installment $1,478.86 Open Assessor's Parcel No. 326-46-014 Code Area 13-027 Land $119,872.00 IMP $131,859.00 PP NONE Exemp $7,000.00 Page No. 4 alliBiT B File No. 00124053 SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 107, as shown on that certain Map of Tract No. 4430 Oak Knoll Hills Unit No. 3, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on May 6, 1968, in Book 237 of Maps, page(s) 10. Eft P?? \'G T'IEREi R0'N4 t'he undergrot.nd water or ri -hts thereto, % ith no right of surface entry. S granted to City of Cupertino, a municipal corporation by instrument recorded May 29, 1968 in Book 8140, page 221, Official Records. ARB No: 326-46-014 APN No: 326-46-014 t < 8 0 EXHIBIT 13 e A 94 9pl �x Y `\ �I `\u 4219 of trst 4 4N �\ i049 pull 22,?5 •$ 000505/4 6 A I \\ b1 toy G- zrto� 69L1 rt,et OL 2, ... 2 10 Y O IOL T� F49B65_ � e I bQ H1L10MSNIy r I L� I L' I 06"0, I O/GO/ I OOf O/ OL 0 0' I OL I O110, OL OGGOi ��Fj f• ` ast iL I 1 E oN Nn 111H 11ONr M0 �J A N I'S OEr/•/ oN l:val HAOMSNIV—,—•""'��� J Z O6 C N ti F— 6 < V 2 txFUBIT B W t � ■nZ�J .3 Z-6 F- � A .1 V F- Q W Ju zL a }-- V .fib. O �ga1E3U �yy s ; a `V 5 3AI ■ /.r STs/r, C S!p fb -66a on ia. r a T T a 1,, J16' a Gli • i }3.� A a 0. Fi 1 � �•A F ]t i RNIV �`°�•" ° L//.�/.' - EXHIBIT "A" rw ,H I B IT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form I Coverage. If the issuance of any other type of policy is anticipated. the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE 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 locations 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 «. M. ... ....:i.u_ •J!^. Q ,�1ation or 1!1e _d 7. •c'lailon a.. .!11 r Pi,..( in c . orS at D j i �. .. (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. 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 liens for services, labor or materials. or to 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 or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from the 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 (i i) subordination of the interest of the insured mortgagee as the 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 accept 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 purchaser for value or a judgment or lien creditor. EXHIBIT "A" - continued EXHIBIT 8 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE 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 locations of any improvement now or hereafter erected on the land: (ii) 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 had been recorded in the public records at date of policy. (h) 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 �k ithout knowledee. 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) I resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by 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. EXCEPTIONS FROM COVERAGE 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. (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 maters excepted under (a), (b) or (c) are shown by the public records.