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LLA-Mr. & Mrs. Hoffman-10260 & 10270 Tula Ln -APPNs: 359-13-123, 359-01-312RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO: CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 c0'RjDX 'gcs 140 1FS:s ItA O 6 v4j-rlA N/ '00s REG FEE_ RMF 31 MICRO RTCF -o LIEN SMIFF TC 1KOR 12885873 Nit:ccrdecl at the request of :�tnica-o Tille, Company MAY P-0 AV A SANT'C' (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT - TULA LANE - MR. & MRS. HOFFMAN DOCUMENT TITLE 0g) 3149 SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUES= BY: City of Cupertino REI'CTRN TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 _•1 1NNW t_ lC+-l1„15"ill �f II II ( •1 •F31 � i- : •: in --Y4W k l M I g 1015 •' FOITA 1 gm.11• I I • I : r ID : al Ala • •:' •:• • • 1 •.«� • • -,«�1 A request for a lot line adjustment between Parcels A & B, as designated on the attached plat and descriptions marked Exhibit "All and attached hereto, has been suh fitted 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 that 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 1995. is Mal « 2121, XVW4L6JQWKGWt1J. 11'♦ 1 • 0 PARCEL A EXISTING LEGAL DESCRIPTION All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California described as follows: Being all of lot 8 of Tract No. 7277, filed for record in Book 569 of Maps at pages 13 and 14, Santa Clara County Records and more particularly described as follows: Beginning at the northwesterly corner of said lot 8; thence along the westerly line of said lot 8 South 124.22 feet to a point on the northerly line of Tula Lane as shown on said map; thence along the northerly line of Tula Lane along a curve to the right from a tangent which bears N 73°23'54" E thru an angle of 46°20'48" with a radius of 42.00 feet for an arc distance of 33.97 feet; thence leaving said northerly line of Tula Lane N 29044'42" E 2.92 feet; thence East 84.88 feet to the southeasterly corner of said lot 8; thence North 125.60 feet to the northeasterly corner of said lot 8; thence along the northerly line said lot 8 S 89°56'03" W 119.16 feet to the POINT OF BEGINNING. O ry 4001 � p33 C IV PREPARED BY: MARVIN D. KIRKEBY R.C.E. No. 14001 EXPIRES 3/31/97 EXHIBIT A. N 00. Or 10" E 139.44 L07 PARCEL B PROPOSED LOT LINE - 125,62 m m (NOLLJ RTH 125,60) -7 T� o EXISTING LOT LINE TO BE REMOVED- r-----� EXISTING HOUSE \� �-- LOT 8 \ Lots "\I PARCEL A� \ �ggz,F \ EXISTING �= 46.20'48"_ _ \ GARAGE \ 33R = 42'_ - \ L=. NORTH 124.22 SCALE r o 40' LOT AREAS EXISTING PROPOSE LOT 7 15,205 S.F. LOT 8 114,907 S,F. PARCEL A 17,168 S.F. PARCEL B 12,944 S.F. u 1;,, O m z i z1 EU CO. CD m Io m N O C1 F 1oQ z y 4= 25*24*18" R=42' L=18,62 -1— LOT 6 LOT 5 TULA LANE EXHIBIT A KIRKEBY ENGINEERING CORP 10950 PC Blaney Ave. Cupertino, CA. 95014 (408)252-9690 PLAT TO ACCOMPANY DESCRIPTION LOT LINE ADJUSTMENT LOT 7 8 LOT 8, TRACT No. 7277 CUPERTINO CALIF. Scale: I" = 40' Dale: OCT. 1994 Job No.94037 PARCEL A PROPOSED LEGAL DESCRIPTION All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California described as follows: Being all of lot 8 and a portion of lot 7 of Tract No. 7277, filed for record in Book 569 of Maps at pages 13 and 14, Santa Clara County Records and more particularly described as follows: Beginning at the northwesterly corner of said lot 8; thence along the westerly line of said lot 8 South 124.22 feet to a point on the northerly line of Tula Lane as shown on said map; thence along the northerly line of Tula Lane along a curve to the right from a tangent which bears N 73°23'54" E thru a central angle of 46°20'48" with a radius of 42.00 feet for an arc distance of 33.97 feet; thence leaving said northerly line of Tula Lane N 29°44'42" E 2.92 feet; thence East 102.88 feet; thence North 125.62 feet to the northerly line of lot 7 as shown on said map; thence along the northerly line said lots 7 and 8 S 89°56'03" W 137.16 feet to the POINT OF BEGINNING. �C% n R o•'9bioV �J-� ;n PREPARED BY: ;37 MARVIN D. KIRKEBY R.C.E. No. 14001 EXPIRES 3/31/97 EXHIBIT A m N00.or10"E 139.44 L07 PARCEL B PROPOSED LOT LINE NORTH 125.62 � (NORTH 125,60) \ w \ ` ��— \ o EXISTING LOT LINE TO BE REMOVED,'� r I m a EXISTING \ \\I Ito � I \ USE m � �i LOT 8 PARCEL A\ I \ \EXISTING \ a= 46.20'48"_ GARAGE R = 42' — — 33,97 L� NORTH 12422 �g 0 scALE r - 4a , I In w Ito,, 6= 25.2418" -R-42' L = 18.62 m 4- LOT 6 LOT S TULA LANE EXHIBIT A j:�p KI RKEBY ENGINEERING CORP. 10950 K Blanay Am Cuaartina, CA. 95014 (408)252-%90 LOT AREAS EXISTING PROPOSED 7��A�7T�;T:�O ACCOMPANY DESCRIPTION LOT 7 15,205 S.F. LOT LINE ADJUSTMENT LOT 7 8 LOT 8, LOT 8 14,907 S.F. TRACT No. 7277 PARCEL A 17,16a S.F. CUPERTINO CALIF. PARCEL 6 12,944 S.F. SCale: 1" = 40' Date: OCT. 1994 Job No. 94037 PARCEL B EXISTING LEGAL DESCRIPTION All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California described as follows: Being all of lot 7 of Tract No. 7277, filed for record in Book 569 of Maps at pages 13 and 14, Santa Clara County Records and more particularly described as follows: Beginning at the northeasterly corner said lot 7; thence along the easterly line of said lot 7 S 0001' 10" W 139.44 feet to the southeast corner of said lot 7; thence along the southerly line of said lot 7 S 89°06'33" W 82.13 feet and West 90.53 feet to a point on the northeasterly line of Tula Lane as shown on said map; thence along the said northeasterly line of Tula Lane along a curve to the left from a tangent which bears N 34°51'00" W thru a central angle of 25'24' 18" with a radius of 42.00 feet for an arc distance of 18.62 feet; thence leaving said northeasterly line of Tula Lane N 29°44'42" E 2.92 feet; thence East 84.88 feet; thence North 125.60 feet to the northwest corner of said lot 7; thence along the northerly line of said lot 7 N 89°56'03" E 100.00 feet to the POINT OF BEGINNING. f c0.,jAW P -'�l PREPARED BY: MARVIN D. KIRKEBY R.C.E. No. 14001 EXPIRES 3/31/97 EXHIBIT A N 00. 01' to- E 139.44 \ � T \ m o \ \ LOT 7 LOT 6 l o PARCEL B 0 m \ PROPOSED LOT LINE co \ ` i NORTH 125.62 �\ \\� m (NORTH 125\� \ w I eq EXISTING LOT LINE TO BE REMOVED C r----� { ran i I _ I r--7 L _ CD Z 11m LOT 5 ( L_ — I .�, I � I In { QD CD I EXISTING I a o HOUSE co g o � �i LOT 8 ti 'n PARCEL A w L-----�2~���� 1 \ AC�= 25.2418" 92 R=42' (---------i L=18.62 EXISTING o= 46.20'48" R42* GARAGE r , I L=33.3.97 TULA LANE NORTH 12422 lF�� I I � i $GALE r 4a LOT AREAS EXISTING PROPOSED LOT 7 15,205 S.F. LOT 8 14,907 S.F. PARCEL A 17,168 S.F. PARCEL B 12,944 S.F. EXHIBIT A K1 RKEBY ENGINEERING CORP. 10950 N. Stoney Ave. Cupertino, CA. 9ZO14 (408)252-9690 PLAT TO ACCOMPANY DESCRIPTION LOT LINE ADJUSTMENT LOT 7 8 LOT 8, TRACT No. 7277 CUPER-nNO CALIF. SCOW I" = 40' Dote: OCT. 1994 lJob N0.94037 PARCEL B PROPOSED LEGAL DESCRIPTION All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California described as follows: Being a portion of lot 7 of Tract No. 7277, filed for record in Book 569 of Maps at pages 13 and 14, Santa Clara County Records and more particularly described as follows: Beginning at the northeasterly corner said lot 7; thence along the easterly line of said lot 7 S 0001' 10" W 139.44 feet to the southeast corner of said lot 7; thence along the southerly line of said lot 7 S 89°06'33" W 82.13 feet and West 90.53 feet to a point on the northeasterly line of Tula Lane as shown on said map; thence along the said northeasterly line of Tula Lane along a curve to the left from a tangent which bears N 34°5l'00" W thru a central angle of 25'24' 18" with a radius of 42.00 feet for an arc distance of 18.62 feet; thence leaving said northeasterly line of Tula Lane N 29°44'42" E 2.92 feet; thence East 102.88 feet; thence North 125.62 feet to a point on the northerly line of said lot 7; thence along the northerly line of said lot 7 N 89°56'03" E 82.00 feet to the POINT OF BEGINNING. MARVIN D. tut N,.]-- s Y R.C.E. No. 14001 EXPIRES 3/31/97 EXHIBIT A N 00' 01' 10" E 139.44 \ \ \CD N o \ LOT 7 \\\ CZ)� g PARCEL B Ito CD PROPOSED LOT LINE-- ' NORTH 125,62 \� ' m zo (NORTH 125,60) EXISTING LOT LINE TO BE REMOVED -"to ' f--'l L, m a EXISTING HOUSE a �i LOT 8 "29. n PARCEL A �4�IzF EXISTING o= 46.20'48" R - GARAGE L � - 33. - 97 NORTH 124.22 36 0� N� i i sc. r 4a LOT AREAS EXISTING PROPOSED LOT 7 15,205 S.F. LOT 8 14,907 S,F. PARCEL A 17,168 S.F. PARCEL B 12,944 S.F. , � 0= 25.2418" - R=42' L = 18.62 i LOT 6 LOT S TULA LANE EXHIBIT A KI RKEHY ENGINEERING CORP 10950 N. Money Aws. Cupertino, CA. 95014 (408)252- 9690 PLAT TO ACCOMPANY LESCRIPTION LOT LINE ADJUSTMENT LOT 7 S LOT 8, TRACT NO. 7277 CUPERTINO CALIF. Scale: I" = 40' Dote: OCT. 1994 jJob No.94037 PARCEL B TO PARCEL A LEGAL DESCRIPTION All that certain real property situate in the Cityof Cupertino, County of Santa Clara, State of California described as follows: Being a portion of lot 7 of Tract No. 7277, filed for record in Book 569 of Maps at pages 13 and 14, Santa Clara County Records and more particularly described as follows: Beginning at the northwesterly corner said lot 7; thence along the common line of lots 7 and 8 of said map South 125.60 feet; thence leaving said line East 18.00 feet; thence North 125.62 feet to a point on the northerly line of said lot 7; thence along said northerly line S 89°56'03" W 18.00 feet to the POINT OF BEGINNING. PREPARED BY: MARVIN D. KIRKEBY R.C.E. No. 14001 EXPIRES 3/31/97 EXHIBIT A a N 00• or 10" E 139.44 LOi PARCEL B PROPOSED LOT LINE -- ' NORTH 125.62 (NO TH 125 60) �—R � in t EXISTING LOT UNE TO BE REMOVED' o , r---� m z EXISTING HOUSE LOT 8 ggg2F PARCEL A r---------I &= 46.20'48" EXISTING R = 42' GARAGE L * 33.97 NORTH 12422 36 0 N1� SCALE; r '40' LOT AREAS EXISTING I PROPOSE LOT 7 15,205 S.F. LOT 8 14,907 S.F. PARCEL A 17,168 S.F. PARCEL B 12,944 S.F. t;,, 0 m z i `r E i� mm o m ICm m 0 N I O IzLLJ w I 25.2418' - R=42' L = 18.62 i -;- LOT 6' LOT 5 TULA LANE EXHIBIT A KIRKEBY ENGINEERING CORP. 10950 N.Blaney Ave. Cuputina, CA. 9ZO14 (408)252-9690 PLAT TO ACCOMPANY LESCR/PT/ON LOT LINE ADJUSTMENT LOT 7 8 LOT 8, TRACT No. 7277 CUPEFMNO CALIF. Scale: I" = 40' Dais: OCT. 1994 Job No. 94037 CHICAGO TITLE COMPANY Issuing Office: 110 West Taylor Street San Jose, California 95110 Phone: (408) 292-4212 James C. Hoffman 20480 Pacifia Suite C Cupertino, California 95014 Dated as of: March 30, 1995 at 7 :30 AM Escrow Location: 20100 Stevens Creek Blvd #190 Cupertino, California 95014 Phone: (408) 253-9050 Fax: (408) 252-3792 Escrow No. 000747416 DM ESCROW OFFICER: Dina Marine Order No. 747416 LAD Reference: Regarding: Lot 7 Tract 7277 Tula Lane Cupertino, California In response to the above referenced application for a policy of title insurance, CHICAGO 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 in Schedule B 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 the attached list. Copies of the Policy forms should be. They are available from the office which issued the report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list 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 AN 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: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY t Liz A. Duron Title Officer PFPPS-- 11/07/94 AA EXHIBIT 5 SCHEDULE A Your Ref: Order No: 747416 LAD 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: James C. Hoffman and Jenay A. Hoffman, His Wife, As Community Property 3. The land referred to in this report is situated in the State of California, County of SANTA CLARA and is described as follows: All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 7 as shown upon that certain Map entitled, "Tract No. 7277", which clap was filed for Record in the Office of the Recorder of the County of Sawa Clara, State of California, on December 22, 1986 in Book 569 of Maps, Pages 13 and 14. PREUMA-9/27/93bk EXHIBIT B SCHEDULE B Page 1 your Ref: Order No: 747416 LAD At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Taxes for the fiscal year 1995-96, a lien not yet payable. 2. General and Special Taxes and Assessments, if any, for the fiscal year 19 94-95 Assessment No.: 359-13-103 Code No.: 13-003 First Installment: $206.69 Paid Second Installment: $206.69 Due and Payable Assessed Valuation Of Personal Property: NONE Homeowners Exemption: $None 3. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 4. Matters affecting the portion of said land and for the purposes stated herein, and incidental purposes, shown or dedicated by the map herein referred to: (A) For: Public Utility Easement Affects: As shown on Said Map (B) For: Wire Clearance Easement Affects: As shown on Said Map (C) For: Sanitary Sewer Easement Affects: As shown on Said Map (D) For: Storm Drainage Easement Affects: As shown on Said Map 5. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: July 7, 1989 Amount: $350,000.00 Trustor: James C. Hoffman and Jenay A. Hoffman Trustee: Ticor Title Insurance Company of California, a California corporation Beneficiary: Orville L. Telstad, a Married Man As His Sole and PRElJMB-8/7/97-Irc EXHIBIT SCHEDULE B Page 2 (continued) Order No: 747416 LAD Your Ref: Separate Property Recorded: July 20, 1989 in Book L25 at Page 2118 of Official Records Instrument No.: 10185704 Return Address: 1633 Lyle Drive, San Jose, CA 95129 Loan No.: None Shown END OF SCHEDULE B NOTE 1 : Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. NOTE 2 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's or Lender's policy form has been requested, the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: 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 notice to a purchaser for value or a judgment or lien creditor. Owners Policy Exclusion: Any claim, which arises out of the transaction vesting in the insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: PRELIM BC-9 /23/93bk EXHIBIT B Page 3 SCHEDULE B (continued) r) far Mn. 7d 7AI G r.nn Your Ref- (i) the transaction creating the estate or interest by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NOTE 3 : Effective July 1, 1994 all documents to be recorded in California must conform to the following: (A) A page for the purpose of recording shall be one printed side of a single piece of paper which is 8 1/2 inches by 11 inches. (B) A sheet shall be one printed side of a single piece of paper which is not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. (C) If a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches the recorder shall charge $3.00 extra per page or sheet of the document. These changes are pursuant to Government Code Sections 27201, 27361 and 27361.5 which were enacted in the 1992 Legislative Session to be effective July 1, 1994. NOTE 4 : Basic Rate Applicable RG/cg PREUMBC-9/23/93bk EXHIBIT B = E -- w w< m `- > y CAD CO t'y ra Z D T_N=�� O PEPPER TREE _ LANE i0 �j1 S p R A:-- 21 = I — .I�I : Ex:s'v.s.E. III ••EX.S'W.CE. I I ...:me rr.—Q eniuuo•••i _ r 'Ct.S 0.S.E.E. '• LX.5 W.C.E. „= I - CGo J C7 Ci �'• � ,n•�7 �„I I t _ C)i l � ,i to Pr S h 4 - oOn E T M.BE LD x%e ti Sn MI /1 Ht!'OG')3`E.it.l3 I EAST. 7.3'S.Si.1S.D.F. • O =� ST = T EXIST. 1.5'S.S.L.{S.D.E. p 31 oz •►j, °6Rt,,o .. N M2 P.S.E. .. -. m a :'O 1I zE�(A •I EAST at.oeEAST lotoo IIIIr�l Sar.oIotoo HELLY(A O M .20 C S o. DRIVE a of •`' � P � o 0 o I I g ', T g' W m l � E-------- r m t M iR �♦ � gar � M J » EAST 1 I � iy: r >� 74 EAST IWOS'rn I I ^ r _J c -42 m _ O fa ' o EAfT to .00 - Z � I — — — — — — — iA ' 11.01, I I IL —:'EX. 1'P.S.E. -- -- I Nt!5S'36 E mol a Q a s — n Tn o>>y 1 I L �y nSo_2 i ►o •00 f cA 1Y a r_' —� •r v SS 7 S ■ s ° Z d a;£�.;£ 3t m o = -. n. _. v Ft STREET cm S 0 L A�b• EAST EAST I31.1� � R•(y0 l: lb.i R• �" a 3 •w•pp�_..�e' /�� � V y• QQ o I aM ^ a t •r r iT B a� EXHIBIT r > LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE f this policy and the Company will not pay loss or damage, costs, attorneys' fees or The following matters are expressly excluded from the coverage o expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, ment of the land; he dimensions or area of the lathe character, dimensions la location of any improvement regulating, prohibiting or relating to (i) the occupancy, use, or enjoy now or hereafter erected on the land; (iii) a separation in ownership or a change in the land or any parcel which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulatioons, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company bythe: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 - l u imant had paid value for the insured mortgage or the estate or (e) resulting in loss or damage which would not have been sustained if the insured cla interest insured by this policy. . 4.. Unenforce ability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polity, 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 truth4n-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 inte of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. - EXCEPTIONS FROM COVERAGE attorneys'fees or expenses) which arise by reason of: This policy does not insure against loss or damage (and the Company will not pay costs, att -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. nts, or notices of such proceedings, whether or not shown by the records of such Proceedings by a public agency which may result in taxes or assessme agency or by the public records. ecords but which could be ascertained by an inspection of the land or which may 2. Any facts, rights, interests or claims which are not shown by the public r 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. . Reorder Form No. 12599 (Rev. 2/93) EXHIBIT B AMERICAN LAND TITLE ASSOCIATION OWNER'S. POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement regufaling, prohibiting or relating to (i) the occupancy now or hereafter erected on the land; (iij a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from hich would be binding on the rights of a purchaser for value without knowledge. coverage any taking which has occurred prior to Date of Policy w 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 claimantpolicy; and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this (c) resulting in no loss or damage to the insured claimant: (d) .. attaching or created subsequent to Date of Policy; or d if the insured claimant had paid value for the estate or interest insured by this (e) resulting in loss or damage which would not have been sustaine policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: is policy being deemed a fraudulent conveyance or fraudulent transfer, or (7 the transaction creating the estate or interest insured by th (ij the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE xpenses) which arise This policy does not insure against loss or damage (and the Company will not pay costs, anomeys' fees or ereason 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessmea nts on reaall 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. records but which could be ascertained by an inspection of the land or by making 2. Any facts, rights, interests or claims which are not shown by the public inquiry of 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 lads which a correct survey would disclose, and which are not shown by the public records. S. (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. EXHIBIT B AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B. you are not insured against loss, costs, attorney's fees and expenses resulting from: 1. Governmental police power; and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use land division • improvements on the land environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 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. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. - EXHIBIT B AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polity, 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 to the extent insurance is afforded herein as to assessments for street improvemerns 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 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: () the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or () the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or Qi) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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 by making inquiry of 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. EXHIBIT B OCT 16 ' q? uff* : u_PN H I Ch131=1 TITLE CHICAGO TITLE INSU A.NCE COMPANY Issuing Title Office: Escrow Office: 110 West Taylor Street 20100 Stevens Creek Blvd #100 San Jose, California 95110 Cupertino, California 95014 (408)292.4212 (408) 253.9050 CTI Escrow - Dina Marine 2010o Stevens Creek Blvd Suite 100 Cupertino, California 95014 Escrow Officer: Dina xarine Your Ref: HOMIAN, JAMBS Order No: 714500 . LAD Property: 10260 Tula Lane Cupertino, California 95014 Dated as of October 1, 1992 at 7:30 A.M. In response to the above referenced application for a policy of title insurance, CH1=0 I SURANCE COMPANY hereby reports that it is prepar to is e, or cause to be issued, as of the date hereof, a Policy or ? 1. — e of T ale Ins rance describing the land and the estate or interest therein hereinafter se_ f rth, ' suring against loss which may be sustained by reason of any defect, lien or en'umbr ce not shown or referred to as an Exception in Schedule B or not a �jluded rom c ver a pursuant to the printed Schedules, Conditions and Stipul tilon of aid P forms. The printed Exception ad E lug ons from the coverage of said Policy or Policies are set forth in Exhi it�A at ache Copies of the Policy forms should be read. They are available from th' of ice which is®ued this report. THIS REPORT ( 'QD S LEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOS OF',FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND N L ABILITY I3 ASSUMED HEREBY, IF IT IS DESIRED THAT LIABILITY BE A38 PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A HIND R OR COWITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Standard Extended Coverage Coverage California Land Title Association Standard D Coverage Policy American Land Title ABSOCi&tiOn Owner's policy A.L.T.A. Residential Title Insurance Policy American Land Title AssociatiQ Loan Policy .,.N Other: Title Officer, Liz A. Duron ' EXHIBIT B Order No: 714500•LAD SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Title to said estate or interest at the date hereof is vested in: James C. Hoffman and Jenay A. Hoffman:, His wife, as Community Property 3. The land referred to this report is situated in the State of California County of sANTA CLARA and is described as follows: All that certain Real Property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 8, as shown upon that Certain Map entitled, ,Tract No. 727711, which Map was filed for Record in the Of=ice of the Recorder of the County of Santa Clara, State of California, on December 22, 1986 in gook 569 of Maps, at Pages 13 and 14. EXHIBIT B Order No: 714500•LAD page 1 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. General and Special Taxes and Assessments, if any, for the fiscal year 19 92-93 Assessment No.: 359-13-104 Code No.: 13-003 First Installment: $664.50 Payable, but not yet due Second Inatallment: $664.50 payable, but not yet due Assessed valuation Of Personal Property: NONE Homeowners Exemption: $7,000.00 2. The Lien of Supplemental -Taxes if y, as ssed pursuant to the provisions of Chapter 3.5, (c Ci with Section 75) of the Revenue and Taxation Code of the State " li rnia. 3. Matters affecting the portion f aid land and for the purposes stated herein, and incidental purpose a wr. or dedicated by the map herein referred to: (A) For: PubliOtili y Easement Affects: The NO herly 5 feet and Southwesterly 10 feet of said lan (B) For: Wire Clearance Easement Affects: The Southerly 5 feet of the Northerly 10 feet of said land 4. A Deed of 'gust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: April 18, 1991 Amount; $350,000.00 Trustor: jamee C. Hoffman and Jenay A. Hoffman, His Wife Trustee: Serrano Aecanveyarce COatpany, a California corporation Beneficiary: Home Savings of America, F.A., a Corporation Recorded: April 30, 1991 in Book L694 at Page 1102 of Official Recorda instrument No.: 10883130 Return Address: None Shown Loan No.: None Shown M%UM"/3/61.ao _ EXHIBIT B _T It '92 US:u-'PM CHICHGID TITLE • , order No: 714500 -LAD P.5 Page 2 SCHEDULE B (continued) S. A Lien for the amount herein stated and for any other amounts due, in favor of the United States Of America, filed in the office of the District Director Of Internal Revenae /_ District:. San Jose, CA &Iqa Federal Serial NO.: 779114739 Taxpayer. Shasta Tucker Associates, a Partnership; James C. Hoffman PTR Address: 20480 Pacifica Drive Ste C, Cupertino, CA 95014-3015 Identifying No.: 94-27OS321 Nature of Tax: 1065 Amount: $1,000.00 Recorded: August 21, 1991 in Book L831 at Page 1474 of Official Records Instrument No.: 11028300 6. A Lien for the amount te,s ate and for any other amounts due, in favor of the State of ni ,,e i ced by a Certificate filed by the Department of fim 1antui er t Unemployment Insurance Act D�rt�1 against �nOf Thayer: Hoffman, et al; Hoffman Associates Account NO.: 3 2 Certificate No.: 010 Dated: May 5, 1992 Amount: $187.04 Recorded: May 14, 1992 in Book M191 at Page 02SG of Official Records Instrument No.: 11360858 California Return Address: P. 0. Box 826880, Sacramento, 94280-0001 7. Certificate of amount of unsecured property tax and penalties: Against: Amount: Tax Year: Assessment No.: Recorded: Instrument No.: Return Address: Hoffman James C and Janay A $683.81 1991 991177-3 � 11 f August 7, 1992 Bo M.318 at Page 0936 of Official RecordA 11487350 70 WEST HRDDING ST., SAN J038, CA, 95110-1767 p1-umec-6/3/91-ac .. E X H I Li I I t$ Order No: 714500 'LAD Page 3 SCHEDULE B (continued) 8. Certificate of amount of unsecured property tax and penalties: Against: Hoffman Carnes C and Jenay A Amount: $1,378.80 Tax Year: 1991 FtL 31Assessment No.: 991778-1/I Recorded: August 7, 1992 in B ok x318 at Page 0937 of Official Records Instrument No.: 11487351 Return Address: 70 WEST H I ING T., SAN J09E, CA. 95110-1767 END OF SCHEDULE B NOTE 1 Title of the vestee rein was acgaired by deed recorded prior to six months from the date here NOTE 2 : Short Term Rat PT/JD EXHIBIT - B '95 02:01PM CHICAGO TITLE IMAGO TITLE CO 6MPOT "Bn Issuing offices 110 West Taylor street Bart Jose, California 95110 Phones (408) 292-4222 D=na Marine CTI Escrow - Dina Marine 20200 Stevens Creek Blvd suite 100 Cupertino, California 95014 Dated as of October 1, 1992 at 700 30 AM Escrow Location: 20100 Stevens Creak Blvd 0190 Cupertino, California 93014 Phones (408) 233-9050 Fans (408) 252-3792 E®crow No. 000714900 OH ESCROW OFFICER: Dina Marine Order No, 714500 LAD Reference: Regarding, 10260 Tula Lane Cupertino, California In response to the above referenced application for a policy of title insurance, CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be Issued, as of the dais hereof, a Policy ar P0116e3 of Title Insurance describing the land and the estate or interest therein heralnafter get forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from Coverage pursuant to the printed SolsedliieS, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policiea are get forth In the attached list. Copies of the Policy forms should be, They are available from the office which issued the report, Please,read the exceptions shown or referred to in Schedule B and the exceptions sad eselusiona set torth is the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of »natters aihleh are not covered under the terms of the title insurance policy and sl►culd be carsf ally considered. It is important to mote that this prelimiaary report is not a written representation as to the condition of title and may not list all Beal, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY )?OR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN NO LIABILITY IS ASSUMED HEREBY. IF IT IS DMIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BIr1DER OR COMMITMENT SROULD BE REQUESTED, The form of policy of title insurance contemplated by this report is; CALIFORNIA LAND TITLE ASSOCIATION STAWDARD COVERAGE POLICY Title Officer p�iPQB • 11)otls+ � WdoSs80 S6, Ve Adw ti t od 'SNI 311I1 O�OIHO WdtEaz® S6, 08 AbW MAY 04 '95 02:01PM CHICAGO TITLE SCHEDULE A P.3 'order No; 714500 LAD Your Ref; 1s The estate at interest in the land hereinafter described or referred to covered by this report is'. A 1PZz 2. Title to said estate or interest at the date hereof is vested ln; James C. Hoffman and Jenay A. Haffmae, His wife, as Community Property 3. The land referred to in thin report is situated in the State of California, County of SANTA CUM and is described as follows: All that certain Real Property in the city of Cupertino, County of Santa Clara, State of califorr%La, described as follows: Lot 8, as shown upon that certain Map entitled, "Tract No. 7277", which leap was filed for Record in the office of the Recorder of the County of Santa Clara, State of California, on December 22, 1986 in Book 369 of !saps, at Pages 13 and 14. WdOE : 80 S60 be AUW 2'd 'SNi 31111 09b3iH0 wdiE:19 01 00 ),dw MAY 04 '95 02:01PM CHICA60 TITLE P.4 SCHEDULE E Page 1 Order No; 714300 LAD Your Ref: At the date hereof exceptions to coverage in addition to the printed Bxceptlons and Exclusions in the policy form designated on the face page of this Report would be as follows; 1. osnoral and special Taxes and Assessments, if any, for the fiscal year 19 92-°93 Assessment No.: 359-13-104 Code No.: 23-003 First Installments $664.50 Payable, but not yet duo second lnetallments $664.50 Payable, but not yet due Assessed Valuation of Personal Property: NONE NORle6wher6 Exemption: S7,000.00 2. The Lien of Sappletnental Taxes, if any, assessed pursuant to the provisions of Chapter 3.3, (Commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. Batters affecting the portion of Said land and for the purposes stated hereinr and incidental purposes, shown or dedicated by the map herein referred to: (A) Pori Public utility Easement Affects: The Northerly S feet .and Southwoeteriy 10 feet of Said Land (a) par: wire Clearance Basement Affects: The Southerly 5 feet of the Northerly 10 feet of Said Land 4. A Deed of Trust to Secure en indebtedness of the amount stated herein, and any other obligations secured thereby Dated: April is, 1991 Amount: S350,000.00 Truetor: James c. Koffman and Zenay A. yeffman, His Kife Trustee: Serrano Reconveyance Company, a California Corporation Beneficiary: Home savings of America, S.A., a Corporation Recorded: April 30, 1991 3n Book L694 at Page 1102 of Official Records instrument No.: 10883130 Return Addreea: None Shown Loan Na.s pone shown 4m Wd6E : e® 96, 00 Alf w E°d 'SNI 371I1 WbOIHO WdZE:4e S6, V® J,dW _ rt1'F'ttc { ntc _ LM+vt -- - - WA.'+rt - apt uy Q4ILI {^t tom{ � "� T + ���tt:1111•t{� r I +�+� Ci I iit.{h{ IJ it� ,. 54,19 (1 i� 7 • m SMELLY o DRIVE (• Ifs 1 1. fI �AA m ICE I tti ti '. �� ipirll ♦ { + , >r � .r I Al d• Li t : o S I►..aa e 7 r R �Ll b SOLA r STREET �l.�r-- t„, ,rt.. _. g� c f i1 tyf ! �i�nni 1' ;b `m �„ TULA COURT t t . 'd 311I1 �_'�y�IH_� l,;d� ncC. qT y EXHIBIT B AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6•1.07) EXCLUSIONS in aCde er tC :,)e except C•13 in Sc`eCt,le 8 you ars not maurea aga!rlst:Oss. costs. aaernev Sees at -In ezper•sas resl.ILng from. t Oe,ernr. en:ai policy power. and :he ex.stencs c• v cIV 0" Of any aw cr Soverrrne reguta:icn This-nciwoes Ourd:r g and zOring o;o:rdr_as and 3,sC law, ana'q,;Wattons co^ice'c•rg: • land use lama div,sion • r .provements on ine land environmental prolect.en Th s mi ,s;or COes ,c' a0Vy :o the v'Va',ons or t"e enfoeceTenl cif ;less M�al:ees wnich appear n the public records at ooucy Date 'h!s excl,,s er does no::irTllt the zoning coverage colic, cac it i'ems ' Z and '3 Cl CCvered `'k Aisks. 2. 7'1e rlgrt:c 11Ke ire land oy conderrirtng I. unless: • a ro: ce of exeec:stng the right appears :n the public 'eco'ds on ire oollcy Date • ^e taxing napoened prior to the 0olicy Oate and s oira:ng cn you I ycu ocugnt :ne land without knowing cf the :ax rg 3. Title Aisxs • that are crea:ec. allowed. or agreed ;o Dy you • :hat are xnown to you. Cut col :o us. On ire Policy Case - icl'ess trey acoeared .n the pucuc records • that mutt in no loss to you • tra: first aflactyour'Itle after ne Pcl.cy Cate • m-s does not t m t the ,door and rnateral teen Coverage n item 8 of Ccverzd ? tie ^�.tbks a. Failure :a pay value for your title. 5. -ack Of a right* • :o any 'anC Outside the area specifically descr!hed and referred'0 in item 3 of SChed'Jle A. or • in streets, alleys. or waterways that ;ouch your Jana This exclusion 0M not limit the access Coverage in!term 5 of Coversa Title Risks. EXHIBIT B 11_T 16 '52 uT:0TPrI=HICAGO TITLE P.8 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANOARO COVERAGE POLICY • 1990 EXCLUSIONS FROM COVERAGE 't•e'oucw:rg ^+avers are exaress;y excLX9c'!0-1 the Coverage of ;n;s Douoy ane the Company >v; I re: pay loss or damage. costs, attorneys' lees or exce,•ses wn,cn arise cy -easor of: :a) Ary ;aw. ors, :e or gcverr-ontai regulation (;rcl iding Cu: not I milec tO bui d rig and zoning awe. ordinances. or regulations) restrct,ng. reS.laang, Von Oiling of relating tc ti) the oCCUDanCy. use. or enjoyment o' :he lanc i i the cnaraCter d nlrisionS Or location of any :mproverrent row or n9re31ter erected On *, .O and' tit,) a Warat)On n OwnerSh;C Or a Change n the C,men.S,OnS of area of the :anC or any parse! of wn-Cri the Ianc s or was a part: Or i v1 envi•onr^entsl protection or trio effect Of any viciatibrr of trese laws. Ordinances or governmentat regulations, except t0 the extent :not a notice Of the enfCrcer^eM :hereof or a notice Of a defect. 'ten Or enc imbranCe resulting from s violation or alleged viclation affecting the ;anc "s,beem •eco?ded .n the ouoiic receras at Date of Pct,cy. ;D) Any governmental police cower not excludes by (al above. except tO the extent :rat a ^once or the exercise thereof or a nonce al a defect. 'ion or encwr' otance resulting from 3 violation Or alleged vICAtlon affecting the :ard .nag Oeen reeCfG9O in the oubl'C 'ecOrds at .^rate 0° Policy. 2, Rights of err -pert corna)r unless noncs of the exercise tnerecf has been ecorceci.n, iris public 'eccres at Oats of Pc!xy, taut no: 2xc:udirg frCr-I Coverage any taxing wPIIC1' etas OCCurrect prior to Oate of RChCy wr'IC'1 wOu!a 08 D'nmig on the rights of a purCnaser for value wltnout knawledge 3. �eiecls. 'tens. encumbrances. adverse claims or other matters: (a) rinemof or not recorded in the public records at Date of Policy, but created. suffered. assumed Or agreed 10 by the insured claimant: to) not known to the Company. not recorded in the public records at Oats of Policy. bur known tome insured Claimant and .not dise!osed in writing to ,rie Company cy the insured Claimant prior to the date the •nsured Claimant became artnSUr4d under tn,4 OOI;Cy: in (c) resulting :n no loss or damage to the insured claimant: (d) attaching or created subsequent 10 Cate of Policy, or (e) resulting In loss or damage wnlcn would not have Deem sustained d the 'nsired claimant mad paid value for the insured mortgage or the estate or Interest insured by this 00ficy. a unenforceaodlty of the lien Of the insured mortgage because of the inability or failure of the insured at Cate 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. i. Invalidity or unenforceaollity of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured ntorlgage and is based upon usury or any Consumer credit protection or ,ruin -In.lena;ng law. 8. Any claim, which arises out of the transaction vesting In the insured the estate or interest insured by this policy or the transaction creating :he interest of the ;nsured lender, by reason of the operation of federal bankruptcy state Insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE Trtis policy does not insure against loss or damage (and the Company will not pay costs. attorneys' tees or expenses) which arise by reason of: 1. Taxes or assessments *Mich are not shown " existing liens by the 1`e0erds Of any taxlmg authortty that levies taxes or assessments On real prop" 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 ay the public records. 2. Any facts, fight$. interests Of dafrne 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 pommion thereof. 3. Easements, fiend or encunwhWCea, or cialms thweof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary Imes, shortage in area, encroachmentsor any oche► facts which A correct survey would disclose, and which are not shown by the public rtscads, 5. (a) Unpatented mining claims; (a) 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), (ta) or (c) are shown by the public records. EXHIBIT B Reorder Form No. 12512 !_T lb '9� u� u�Prl CHI=H�u TITLE P '� AMERICAN LANO TITLE ASSOCIATION LOAN POLICY (4-6.90) WITH ALTA ENDORSEMENT - FORM t COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (4•6.90) WITM ALTA ENDORSEMENT - FORM t COVERAGE EXCLUSIONS FROM COVERAGE The tClicwing manors are expressly excluded from the coverage of this policy and tre Company will not pay loss or damage, costa. attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (inoluding but rot limited to Duiiding and zoning laws, ordinances. or regulations) restricting. reguiaUng, prohibiting or relating t0 (i) the occupancy, use. or en}oymenI ei the IanC: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) d S004i'ltiOh in Ownership of a Change in the dlmenslons or area of the land or any parcel of which the land is or was a Dart: or (iv) 4nvironmentai protection. or tno effect of any yloiatien of tress laws, ordinances or governmental regulations, except to the extent that a notice of the enfere@merit thereat or a notice of a defect. Len or encumDrarCe resulting from a violation or alleges violation affecting the land has been recorded in trio puoliC records at Date of Policy to) Any gevernrnental police power roc excluded Dy (a) above, except to the extent that a notice of the exercise thereof or a notic2 of a defect, lien Of encumbrance resulting from a violation or alleged violation affecting the land has Dean reCordeo In the public records at Cate Of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has Deen ecordod in the ; ubltc records at Date Of Policy but not excludlr,g from Gate of Policy which would be binding on the rightS of a purchaser for value without knowledge coverage any taking which nay occurred prior to 3. Defects, liens, encumbrances, adverS4 Claims Of other matter' (a) created. suffered, assumed or agreed to Dy the insured claimant; (b) not known 10 the Company, not recorde4 in the puoliC records at Date of Pciicy. Dui knOwrt to ire insured claimant and not diSCIC$ed In wrung to the Company Dy the insured claimant prior to the date the Insured Claimant oecame an insured under this policy; (C) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of policy (except to the extent that this policy insures Ing priority of the lien of the insured mortgage over any statutory lien for services. labor or material or 10 the extent insurance is afforded herein as to assessments for street improvOmeMs under construction Or completed at 0a1e of Policy); or (a) resulting in loss or damage which would not have been sustained if the insured Uaamant had paid value for the insured mortgage 4, unentorceability of the lien of the insured mortgage because Of the Inability or failure of trio insured at Data of Policy, or the in=lliry or failure of any subsequent Owner of the indebtedness, to comply with WIIC2010 doing DuSiness laws of the statfi in which the land is situated. 5. Invalidiry or unenforceamlity of the lien of the insured mortgage, Or Claim thereof, wniCn arises Out of the transaction evidenced Dy the insured mortgage and is based upon usury or any cansumef credit pfoteCtlon or trutn in lending law. 6. Any statutory lien for services, labor or materials (Or the claim Or Pnonry of any statutory lien for services, labor Or materials over the lien of the insured mortgage) arising from an irttprOvemMt or work related to the land which it Contracted for and commenced'uDSequent to Date of Police and is not financed in wnels or in part by proceeds of the iflCe0te0n9eS "Cur" by the insured mortgage which at Date of Policy the insured f• advanced or is obligated to advance. int@fe$t Of the moRQageB insures Dy this Dplicy, by reason of the Operation of federal bankruptcy, 7. Any claim, which arise' Out Of *,Me transaction creating rho state insolvency, or similar creditors' rights laws. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. in addition to the above Exclusions from Coverage, the Exceptions from Coverage In a StandAre Cat»rage policy will also Include the toilowing General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not Insure agatnst loss or damage (and the Company will not pay costs. attorneys, fees or expenses) which arise Dy reason of t. Taxes or assessments which are not shown as existing hens Dy the records of any taxing authorty that levles taxi)$ Or assessments on real property Or by the public records. Proceedings by a public agency which may result in taxes Or assessments. or not C@S of such proceedings. whether or not shown by the records of Such agency or Dy the public roccrds. �, Any facts, rights, intereata Or claims which are not Shawn by the puDIK records but which Could De ascertained Dy an in5pgction of ire land Of by making inquiry of persons in possession thereat. 3. Easements. liens or encumbrances. or claims thereof, which are not shown by Ina puDhC records. 4. DisCfepanCies, conflicts in boundary linen, shortage in area, encroachments or any other fact' whi0m a cOffect survey would disclose, and which are not shown by the public records, S. (a) Unpatented mining Claims; (b) reservations or exCeptions In patentS or n Acts Sul hon2inQ ire issuance lhersot: (C) water rights, claims Or.tltle t0 water, whether of not the matters excepted under (a), (b) or (C) are shown by inn puoliC recOrOs. EXHIBIT B