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LLA: Lotus Dvlp & Construction, Inc. & Ishwar prasad Murarka and Ragini Shah Murarka - 10456 & 10116 San Fernando Ave, APNs: 357-12-059, 357-12-06312680410 � compared with the c&fnall'.i►LE�D FO� c�ECaRD 5�tM�q�.�`' FEE ROULST 0r 10300 Torre iL Cupertino, CA 95014NO FEE IN ACCORDANCE SANTA CLARA LAN10 TITLE WITH 60V CODE 610300C T_ 7 ! : IM LIlW AnJUSMM W P143PERPY CWHERS: Ictus Develcpnmt and , Iryc ; `A &*bm. a; 0 U � j T`"Y Carporaticn (Parcel A) ; L-lbar Prasad Mtsarisa and' c J Itagini Shah 1��rka, as co -trustees of the Mmmrka 1994 living trust (Parcel B) ACTION BY THE CITY ENGINEER APPROV.IIdG A LOT LINE ADJUSTT= BEIWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Parcels A and B, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18-1.202.3C 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 day of 1994. 11/94 EXHIBIT A PARCEL A (LOT 1, EXISTING CONFIGURATION) All of Lot 1 as shown on that certain Tract map entitled "Tract No. 8585" recorded in Book 649 of maps at pages 41 and 42, Santa Clara County Records and described as follows: BEGINNING at the Northeasterly corner o; said Lot 1, thence along the Easterly line of said Lot, S00008'40 " W 86.80 feet; thence N89051120 " W 85.00 feet; thence N76028'18 " W 45.15 feet to a point of cusp; thence along a non -tangent curve to the right with an initial tangent of N05055'06" E with a radius of 215.00 feet, an internal angle of 06000'15", and a length of 22.53 feet to a point of reverse curvature; thence along a curve to the left with a radius of 265.00 feet, an internal angle of 1104641", and a length of 54.47 feet to the Northwesterly corner of Lot 1; thence along the Northerly line of said Lot, S89051'20 " E 119.91 feet to the point of BEGINNING. Consisting of 10,539 square feet and lying within the limits of incorporation of the City of Cupertino, California. QROF ESSIp�� q tik�c`O `fig E. C113�Q No. 0 m \��9r CIVIL EXHIBIT A PARCEL A (LOT 1, PROPOSED CONFIGURATION) A portion of Lot 1 as shown on that certain Tract map entitled "Tract No. 8585" recorded in Book 649 of maps at pages 41 and 42, Santa Clara County Records and described as follows: BEGINNING at the Northeasterly corner of said Lot 1, thence along .the Easterly line of said Lot, S00008'40 " W 2.71 feet to the TRUE POINT OF BEGINNING; thence from said point S00008'40 " W 84.09 feet; thence N89051'00 "W 85.00 feet; thence N76028'18" W 45.15 feet to a point of cusp; thence along a non -tangent curve to the right with an initial tangent of N05055'06" E with a radius of 215.00 feet, an internal angle of 06000'15", and a length of 22.53 feet to a point of reverse curvature; thence along a curve to the left with a radius of 265.00 feet, an internal angle of 11011'32", and a length of 51.76 feet to a point on curve; thence leaving said curve S89051'20 " E 119.92 feet to the TRUE POINT OF BEGINNING. Consisting of 10,214 square feet and lying within the limits of incorporation of the City of Cupertino, California. QROF ESS/0> ..S�E.�91 W g o. 2 597.rn f l twit F OF CAO1 EXHIBIT A PARCEL B (LANDS OF MURARKA, N524 OR PG 256) (EXISTING CONFIGURATION) A portion of that certain Lot as described in Deed recorded in Book N524 Official Records, at page 256, Santa Clara County Records and described as follows: BEGINNING at the Southeasterly corner of said Lot, thence along the Southerly line of said Lot, West 145.00 feet to the Southwest corner of said Lot; thence North 60.00 feet to the Northwest corner of said Lot; thence East 145.00 feet to the Northeast corner of said Lot; thence South 60.00 feet to the point of BEGINNING. Consisting of 8,700 square feet and lying within the limits of incorporation of the City of Cupertino, California. Q%)VESSIpN� Uj No. 205 Z m -70 9l CIVIL F OF CAUE�� 9 ,P,V EXHIBIT A PARCEL B (LANDS OF MURARKA, N524 OR PG 256) (PROPOSED CONFIGURATION) All of the lands,of Murarka as said parcel is described in the Deed recorded in Book N524 Official Records at page 256 and a portion of Lot 1 as shown on that certain Tract Map entitled "Tract No. '8585" recorded in Book 649 of maps, at pages 41 and 42, Santa Clara County Records and described as follows: BEGINNING at the Northeasterly corner of said Lot 1, thence along the Easterly line of said Lot 1, S00008'40 " W 2.71; thence from said point N89051'20 " W 119.92 feet to a point of cusp; thence along a non -tangent curve with an initial tangent of N00043'49" W with a radius of 265.00 feet, an internal angle of 00035'09" and a length of 2.71 feet to a point of tangency in the Southerly line of the above mentioned lands of Murarka; thence along said Southerly line West 25.09 feet to the Southwesterly Corner of said lot; thence North 60.00 feet to the Northwesterly corner of said lot; thence along the Northerly line East 145.00 feet to the Northeasterly corner; thence along the Easterly line of said Lot South 60.00 feet to the POINT OF BEGINNING. Consisting of 9,025 square feet and lying within the limits of incorporation of the City of Cupertino, California. EXHIBIT A 6 7 P ( A = 11'46'41") (R = 265.00') - �.� L = 06*00'15" (L = 54.47') R = 215.00' L = 22.53' i _ R=26S.00, R: N84'04'54"W' 1 1 '32" L '51 N76'28'18"W 45.15' � PARCEL A 2 CAR 0 0. ui 00 ol N ;n rn Co. z LEGEND co a> 00I z' ri LOT 1 TRACT NO. 8585 N BK 649 OF MAPS OO PAGES 41 & 42 r r w 0 cv r 10,539 SQ. FT. (EX.) vODi 10,214 SQ. FT.,PROPOSED 2.71' -1 (86.80') 84.09' NOO' 8'40"E 'ESQUE 1' • " HUFFMAN 9 — DISTINCTIVE BORDER LINE NEW PROPERTY LINE -- —� —� — EXISTING PROPERTY LINE YU EN EASEMENT PER SOLE: 1' = 30' BK. M802 OR PG.346 SA14/ FERNANDO 7 AVENUE SOUTH o 60.00' 1ci EASEMENT PER \ BK. K690 OR PG.1983 PARCEL TO BE = 00'35'09" VACATED BY THE —R = 265.00' CITY OF CUPERTINO L — 2 71' 0 . — 0 ui _ 1-t- °'0 �r 40 w w PARCEL B TRACT NO. 198 VOL. 7 OF MAPS tNo;MURARKA PAGE 14 lco BK. N524 OR, PG 256 Ld 8,700 SQ. FT. EX. (9,025 SQ. FT. PROPOSED J (60.00') 1,� 62.71' 1 NORTH QROf ESS�p� P 0 B ��4 S E. CARLE -co No. 2059Z 9 cnn� .Q fF pF CAUF��� PLAT FOR A LOT LINE 'ADJUSTMENT ALL OF LOT 1 OF TRACT 8585 AS RECORDED IN BK. 649, PAGES 41 do 42, AND A PORTION OF THAT CERTAIN LOT AS DESCRIBED IN BK. N524 O.R. PAGE 256, SANTA CLARA COUNTY RECORDS. EXHIBIT B Santa ( ] 701 MILLER STREET, AT TAYLOR, SAN JOSE, CA 95110............(4C8) 288-,3CC C!a fa T'tie [ ] 314 SARATOGA AVENUE, LOS GATOS, CA 95030....................I408) �95-'C Land ( ] 4020 MOORPARK AVENUE, SUITE 116, SAN JOSE, CA 95117.........(4C8) 985-d120 [ J 700 SOUTH BERNARDO AVENUE, SUNNYVALE, CA 94087..............(408) 733-5591 Company [ ] 1475 SOUTH BANTOM O ROAD, SUITE 104, , LOS AL, CA 95008. 2 ....(415) 949-0104 ( ] 419 S0. SAN ANTON[0 ROAD, SUITE 106, LOS ALTOS, CA 94022....(415) 949-G810 [ 1 2600 EL CAMINO REAL, SUITE 100, PALO ALTO, CA 94306.........(415) 858-1281 20355 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014..........(408) 252-0600 ((j 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS, CA 95035..........(408) 263-2555 ( ] 6155 ALMADEN EXPRESSWAY, SUITE 350, SAN JOSE, CA 95120......(408) 268-9733 ( ] 1622 E. CAPITOL EXPRESSWAY, SAN JOSE, CA 95121..............(408) 238-1133 [ ] 1303 JACKLIN ROAD, MILPITAS, CA 95035 .......................(408) 946-4101 [ ] 20458 SLAUER DRIVE, SARATOGA, CA 95070 ......................(408) 867-2500 [ ] 1475 SOUTH BASCOM AVE., SUITE 107, CAMPBELL, CA 95008.......(408) 369-0104 ( ] 525 UNIVERSITY AVENUE, SUITE 101, PALO ALTO, CA 94301.......(415) 328-72GO PRELINKNARY REPORT Lotus Development & Construction, Inc. Attn: Barre Barnes 1072 S.Saratoga—Sunnyvale Rd. B1dg.A107 San Jose, California Property Address: 10456 San Fernando Oaks Cupertino, California IMPORTANT WHEN REPLYINGREFERTO OFFICECU 90650EEpVE OUR NO. YOUR NO ESCROW OFFICER.: Linda Bentson TITLE OFFICER: Robert Ferrie/bh 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. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 TA STAND � COVERAGE POLICY September 3 93 --k Dated as of 19 at 1:30 a.m. J —�'NW�_ 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: LOTUS DEVELOPMENT AND CONSTRUCTION, INC., A CALIFORNIA CORPORATION At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would he those as shown on the following pages. EXHIBIT F: CU 90650-1 Page 2 1. TAXES for the fiscal year 1993-94, 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. Right to divert the water of Stevens Creek and rights of way for pipe lines, together with the right of ingress and egress over and across premises, as granted by G.J. Byrne, et ux, to S. F. Leig, by deed dated January 27, 1894 and recorded January 29, 1894 in Book 166 of Deeds, at page 410. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of : Water Works of Monta Vista, LTD., a California corporation For : laying, maintaining, removing and/or replacing with a larger main, a water main Recorded : February 4, 1949 in Book 1741, Page 172, Official Records Affects : A strip of land 20 feet wide, lying 10 feet on each side of the following described center line -- Beginning at a point on the Southerly line of Tract No. 198, Stevens Creek Subdivision Map No. 3 as filed in Book 7 of Maps, page 14, Santa Clara County Records, said point being due West 275.00 feet from the center line of Byrne Avenue, said point also being due East 20.00 feet from the center line of San Fernando Avenue at its present Southerly terminus; thence due South parallel to and 20.00 feet distant Easterly from the Southerly prolongation of the center line of San Fernando Avenue a distance of 313.20 feet, more or less, to the Northerly line of land as conveyed by Cipriano Damico to Chester Damico by deed recorded December 22, 1932 in Book 634, page 479, Official Records, Santa Clara County Records, said Northerly line of land of Dominico being the Northerly line of Lot X of the Colony Tract as recorded in Book P of Maps, page 21, Santa Clara County Records. 5. An agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For : Reciprocal Dedication Agreement Dated : June 19, 1991 Executed by : The First Baptist Church of Monta Vista and Nitin Parekh; Alka Parekh; Yeshwant D. Mehta and Ila Y. Mehta Recorded : June 21, 1991 in Book L 758, Page 0025, Official Records. Reference to the records is hereby made for further particulars. EXHIBIT B CU 90650-1 Page 3 6. 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 Utility Easement Affects : 10' from San Fernando Avenue (B) For : Conservation Easement Affects : as shown on the filed map 7. Provisions, herein recited, of the dedication statement on the map of the tract shown below -- Tract : 8585 Provisions : There is also shown on the herein Map, easements for tree conservation purposes over those certain strips of land designated and delineated as "C.E." (Conservation Easement) for the preservation of specimen trees. The maintenance of said trees within said easements shall be the responsibility of the lot owner whose lot contains said tree and easement. We further hereby grant to the City of Cupertino a "Right of Reasonable Access" to and from the above said Conservation Easement for inspection purposes by city staff. 8. 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 or creed are deleted. Recorded August 17, 1993 in Book M947, page 863, Official Records Reference to the records is hereby made for further particulars. 9. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated June 1, 1993 Amount $200,000.00 Trustor Lotus Development and Construction, Inc. Trustee Old Republic Title Company, a California corporation Beneficiary : Atherton Financial Corp., a California corporation Recorded : September 3, 1993 in Book M983, Page 1162, Official Records Address : P. 0. Box 3683, Stanford, CA 94309 Loan No. : None shown EXHIBIT B CU 90650-1 Page 4 10. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated : June 1, 1993 Amount : $200,000.00 Trustor : Lotus Development and Construction, Inc. Trustee : Old Republic Title Company, a California corporation Beneficiary : Atherton Financial Corp., a California corporation Recorded : September 3, 1993 in Book M983, Page 1169, Official Records Address : P. 0. Box 3683, Stanford, CA 94309 Loan No. : None shown The above deed of trust was subordinated to the lien of the deed of trust recorded September 3, 1993 in Book M983, Page 1162, Official Records by an instrument, Executed by : Lotus Development and Construction, Inc., a California corporation Recorded : September 3, 1993 in Book M983, Page 1165, Official Records 11. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated : June 1, 1993 Amount : $140,000.00 Trustor : Lotus Development and Construction, Inc. Trustee : Old Republic Title Company, a California corporation Beneficiary : Atherton Financial Corp., a California corporation Recorded : September 3, 1993 in Book M983, Page 1176 Official Records Address : P. 0. Box 3683, Stanford, CA 94309 Loan No. : None shown The above deed of trust was subordinated to the lien of the deed of trust recorded September 3, 1993 in Book M983, Page 1162 and recorded September 3, 1993 in Book M983, page 1169, Official Records by an instrument, Executed by : Lotus Development and Construction, Inc., a California corporation and Atherton Financial Corp., a California corporation Recorded : September 3, 1993 in Book M983, Page 1172, Official Records EXHIBIT B CU 90650-1 Page 5 12. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated : August 23, 1993 Amount : $67,500.00 Trustor : Lotus Development and Construction, Inc., a California Trustee : Santa Clara Land Title Company, a California corporation Beneficiary : First Baptist Church of Mountain View Recorded September 3, 1993 in Book M983, Page 1183, Official Records Address 2050 Miramonte Ave., Mountain View, CA 94040 Loan No. None shown The above deed of trust was subordinated to the lien of the deed of trust recorded September 3, 1993 in Book M983, Page 1162 and recorded September 3, 1993 in Book M983, page 1169, and September 3, 1993 in Book M983, page 1176, Official Records by an instrument, Executed by : Lotus Development and Construction, Inc., a California corporation and First Baptis Church of Mountain View Recorded : September 3, 1993 in Book M983, Page 1179, Official Records NOTES: a. 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. b. 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. c. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. d. 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 1st Baptist Church of Monta Vista, a California corporation Grantee Leonard F. Borello, a married man, as sole and separate property, and Dick J. Randall, a married man, as sole and separate property Recorded September 3, 1993 in Book M983, page 1153 EXHIBIT B CU 90650-1 Page 6 Official Records. e. TAXES for the fiscal year 1992-93, a lien, shown as follows: 1st Installment $447.46 Paid 2nd Installment $447.46 Paid Assessor's Parcel No. 357-12-048 Code Area 13-171 Land $43,188 IMP $172,984 PP $23,533 Exemp $239,705 f. Supplemental taxes for the fiscal year 1991-92 assessed pursuant to the provisions of Chapter 498, Statutes of 1983 of the State of California, a lien shown as follows: 1st Installment $5,577.93 Paid 2nd Installment $5,577.93 Paid Assessor's Parcel No. 357-12-048-11 Code Area 13-171 Land $956,812.00 IMP $99,516.00 PP NONE Exemp NONE Date Last Insured: 09-03-93 EXHIBIT B LEGAL DESCRIPTION: "SCHEDULE V CU 90650-1 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lots 1, as shown on that certain Map of Tract 8585, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on August 17, 1993 in Book 649 of Maps, at pages 41 and 42. ARB No. O EXHIBIT B e 1p 10,0. 0 EXHIBIT to "- co lux f co N MP 4 all 111,11 r LLLl r - z LLI t' z L L c �r u er CL ELI N 12ln03 OONYNV3:1 NVS vq FGr ){!? oFJ J_DV)JJ_ �v Y --I3A 1 �� i vxvvve1.eA�pe,._ 2lVZV01V M CL \ CR11I M t, L 3nN3AV /� �J - I S3M0 010 -iTSIJ\T •flJ "T.-t —I 9r(iWj{ {')icl 4sS9(){ 'M2 \J )l(J \�� �jJ� `I _�J.��.JJ_`J-.�.n �JJ- Jo 1 rf\I \J-ILJIP JJo 30I1 J II i-------1' —I TM- „ 43 - rf L r 3 w lt•KM 7 fl7r )'� 3afls n JJJ_ I b so s r ){2 • .� o cohl�� i I �4 )42 I I' r '33J_ ,966 3 1 Z `r :5 -4? SUNN" Y• 9Ge. -S" y w � ` T — ---� � �}f :. �/I•.If )ill:\fJ I =i 7Z ` MOM NV11313 �W ICE W IV,e c EXHIBIT B EXHIBIT W 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 1 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 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning taws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or locations of any improvement now or hereafter erected on the land; (W) 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 cWmant 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. _ 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 trutttinaending 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. 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 W the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or Q) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or 00 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 B CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) estricting, regulating, prohibiting or relating to () the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land; (i) 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 (ro) 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. 3 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 ,ny 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 truth4nr4ending 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. 3. (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. EXHIBIT B 1 1 701 MILLER STREET, AT TAYLOR. SAN JOSE. CA 95110 1 1 314 SARATOGA AVENUE, LOS GLTOS, CA 95030 yenta an g Title Company 114020 MOORPARK AVENUE, SUITE 116. SAN JOSE, CA 95117 1 1 7� SOUTH B ASCOMO AVENUE.104,SUNNYVALE, CA 94087 I I I475 SOUTH BASCOM AVE., SUITE I04, CAMPBELL, CA 95008 9 203 SO. SAN ANTONIO REE ROAD, SUITE .0 LOS ALTOS, CA 94022 jpj 20355 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014 X 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS, CA 95035 I 16155 ALMADEN EXPRESSWAY, SUITE 350, SAN JOSE. CA 95120 I 11622 E. CAPITOL EXPRESSWAY, SAN JOSE, CA 95121 I 11303 JACKLIN ROAD, MILPITAS, CA 9W35 1 120458 BLAUER DRIVE, SARATOGA. CA 95070 1 11475 SOUTH BASCOM AVE., SUITE 107, CAMPBELL, CA 95008 1 14030 MOORPARK AVENUE, SUITE 221, SAN JOSE, CA 95117 1 1 525 UNIVERSITY AVENUE. SUITE 104, PALO ALTO, CA 94301 PRELIMINARY REPORT IMPORTANT WHEN REPLYING REFER TO Nelson Engineering OFFICE NOTED ABOVE Attn: Morrie OUR NO. CU 100285 YOUR NO. ESCROW OFFICER: Linda Bentson TITLE OFFICER: Al Pielenz/bh Property Address: 10446 San Fernando Avenue Cupertino, California- 95014 (408)288.7800 (408) 395-7077 (408) 9854120 (408) 733.5591 (408) 371-0104 (415) 949-0870 (408) 252-0600 (408) 263-2555 (408)268-9733 (408)238-1133 (408) 946.4101 (408)867-2500 (408) 369-0104 (408) 246-6175 (415)328-7200 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. Copies of the Policy forms should be read. They are available from the office which issued this report. 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 STANDARD/ALTA LOAN .POLICY Dated as of September 12 . 19 94 , 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: ISHWAR PRASAD MURARKA AND RAGINI SHAH MURARKA, AS CO —TRUSTEES OF THE MURARKA 1994 LIVING TRUST 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 CU 100285 Page 2 1. Taxes for the fiscal year 1994-95, a lien, not yet due or payable. 1st Installment $3,335.57 OPEN 2nd Installment $3,335.57 OPEN Assessor's Parcel No. 357-12-051 Code Area 13-171 Land $271,700 IMP $345,800 PP $0 Exemp $7,000 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. Right to divert the water of Stevens Creek and rights of way for pipe lines, together with the right of ingress and egress over and across premises, as granted by G.J. Byrne, et ux, to S.F. Leig, by deed dated January 27, 1894 and recorded January 29, 1894 in Book 166 of Deeds, at page 410. 4. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of : Water Works of Monta Vista, Ltd., a California corporation For : laying, maintaining, removing and/or replacing with a larger main, a water main Recorded : February 4, 1949 in Book 1741, Page 172, Official Records Affects : a strip of land 20 feet, lying 10 feet on each side of the following described center line -- Beginning at a point on the Southerly line of Tract No. 198, Stevens Creek Subdivision Map No. 3 as filed in Book 7 of Maps, page 14, Santa Clara County Records, said point being due West 275.00 feet from the center line of Byrne Avenue, said point also being due East 20.00 feet from the center line of San Fernando Avenue at its present Southerly terminus; thence due South parallel to and 20.00 feet distant Easterly from the Southerly prolongation of the center line of San Fernando Avenue a distance of 313.20 feet, more or less, to the Northerly line of land as conveyed by Cipriano Damico to Chester Damico by deed recorded December 22, 1932 in Book 634, Page 479, Official Records, Santa Clara County Records, said Northerly line of land of Dominico being the Northerly line of Lot X of the Colony Tract as recorded in Book P of Maps, Page 21, Santa Clara County Records. 5. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes, In Favor Of : City of Cupertino For : public roadway purposes Recorded September 22, 1988 in Book K 690, Page 1983, Official Records Affects : a portion of Parcel 3 as said parcel exists in'Book 8842 Official Records at page 118, Santa Clara County Recorders Office; said portion more particularly described as follows-- EXHIBIT CU 100285 Page 3 Beginning at the Southwest corner of Lot 40 as shown on the Map of Tract No. 198 which is filed in Book 7 of Maps, at page 14, Santa Clara County Records. Thence on a curve to the left along a radial bearing South 56° 26' 34" West, the radius being 30.00 feet, subtending a central angle of 123° 33' 27", an arc length of 64.69 feet to the Westerly line of said Parcel 3 as described in said deed of trust; Thence along said Westerly line North 46.58 feet to the Southerly line of said tract; thence along said Southerly line East 25.00 feet to the point of beginning. 6. An Agreement, affecting said land, for the purposes stated herein and subject to the terms, covenants, conditions, restrictions, and easements, if any, contained therein For : Reciprocal Dedication Agreement Dated : June 19, 1991 Executed by : First Baptist Church of Monta Vista and Nitin Parekh; Alka Parekh; Yeshwant D. Mehta and Ila Y. Mehta Recorded : June 21, 1991 in Book L 758, Page 0025, Official Records. 7. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated : July 15, 1992 Amount : $530,000.00 Trustor : Ishwar P. Murarka and Ragini S. Murarka, husband and wife Trustee : DSL Service Company, a California corporation Beneficiary : Downey Savings and Loan Association Recorded : July 24, 1992 in Book M 296, Page 0559, Official Records Address : P. 0. Box 6000, Newport Beach, CA 92660 Loan No. : 9020502712 8. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes: In Favor of : City of Cupertino For : public roadway and all public utilities Recorded : May 27, 1993 in Book M 802, Page 0346, Official Records Affects : Beginning at the Southwesterly corner of said parcel conveyed to Murarka; thence from said point of beginning along the Westerly line of said parcel conveyed to Murarka N. 00 deg. 08' 40" E. 13.47 feet to the point of intersection with the Southerly line of that certain roadway easement conveyed to the City of Cupertino by deed recorded September 22, 1988 in Book K 690 of Official Records, at page 1983, Santa Clara County Records; thence along said Southerly line from a tangent bearing of S. 89 deg. 51' 20" E. along a curve to the left with a radius of 30.00 feet through a central angle of 56 deg. 26' 34" for an arc length of 29.55 feet; thence leaving said Southerly line S. 00 EXHIBIT �_i CU 100285 Page 4 deg. 08' 40" W. 26.89 feet to a point in the Southerly line of said parcel conveyed to Murarka; thence along last said Southerly line N. 89 deg. 51' 20" W. 25.00 feet to the point of beginning. 9. An easement affecting the portion of said land and for the purpose stated herein and incidental purposes: In Favor of : City of Cupertino, a municipal corporation For : conservation easement Recorded : July 7, 1993 in Book M 871, Page 1561, Official Records Affects Beginning at a point on the Southerly line of said parcel conveyed to Murarka, said point being distant thereon S. 89 deg. 51' 20" E. 70.91 feet from the Southwesterly corner of said parcel; thence from said point of beginning along the Southerly line of said parcel conveyed to Murarka S. 89 deg. 51' 20" E. 53.00 feet to the terminal point of the Southerly line herein being described. Covenants, conditions and restrictions in the above mentioned instruments. 10. A deed of trust to secure an indebtedness in the amount stated herein and any other amounts provided therein, Dated : December 10, 1993 Amount : $80,000.00 Trustor : Ishwar P. Muraraka and Ragini S. Murarka Trustee : DSL Service Company Beneficiary : Downey Savings and Loan Association Recorded : December 16, 1993 in Book N 195, Page 0990, Official Records Address : P. 0. Box 6060, Newport Beach, CA 92658 Loan No. : None shown 11. If this transaction is to exceed $500,000.00 a copy of the trust agreement and any amendments or supplements thereto need to be submitted for examination. NOTES: a. 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. b. 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. EXHIBIT B CU 100285 Page 5 c. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. d. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. 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 : Ishwar P. Murarka and Ragini S. Murarka, husband and wife Grantee : Ishwar Prasad Murarka and Ragini Shah Murarka, as co -trustees of the Murarka 1994 Living Trust Recorded : July 19, 1994 in Book N 524, page 0256, Official Records. f. Title of the vestee herein was acquired by Deed -- Grantor Nitin Parekh and Alka Parekh, husband and wife, and Yeshwant D. Mehta and Ila Y. Mehta, husband and wife Grantee Ishwar P. Murarka and Ragini S. Murarka, husband and wife, as joint tenants Recorded July 24, 1992 in Book M 296, Page 0551, Official Records. Date Last Insured: 12-16-93 EXHIBIT B LEGAL DESCRIPTION: "SCHEDULE C" CU 100285 All that real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Beginning at a 2" x 3" stake at the Southerly terminus of the center line of San Fernando Avenue on the Southerly line of "Tract No. 198 Stevens Creek Subdivision Map No. 3", a Map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California on September 8, 1941 in Book 7 of maps, at page 14; running thence South along the prolongation Southerly of said center line of San Fernando Avenue 60 feet to a 1 inch iron pipe; - running thence East and parallel with the Southerly line of said Tract No. 198, for a distance of 145 feet to a 1 inch iron pipe on the Westerly line of the land described in the deed from F.W. Bracher, et al to W.L. Stapp, et al, dated December 15, 1943 recorded January 13, 1944 in Book 1177 O.R. page 536, Santa Clara County Records; running thence North along the Westerly line of land so described in the deed to said Stapp, et al, for a distance of 60 feet to a 2" x 3" stake at the Southeasterly corner of said Tract 198, running thence West along the Southerly line of said Tract No. 198, for a distance of 145 feet to the point of beginning, as approved in Certificate of Compliance recorded December 20, 1990 in Book L 563, page 0847, Official Records. 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 September 22, 1988 in Book K 690, page 1999, Official Records. ARB No. 357-12-42.02 W IQN � 1 t y 1 OLO T aV08 po NV1131�3W d .�la 0(, l(IIZ w , - ------------- s m kn m_.__ ---- o N Q c so. 14)at At 1— Oi zaal r Q C r = I o MI n hI v I Wool W r : 6400. W pm 3f1N3nV ( oz — oii Q m, E p szS380104 C S M s 04 "� a n - 'i v 7j p o4 'a d �' v n r, ;• — m 3 u I 4 $ MI Ir01i �Iqp ° Y bI v �I 4 ------------ -------a ss ♦ss(In _ � � Q siwi °s• � °r�A ti y p N C 3 M) o .Oi NI lallp� S°as G W _____________- ------ ` 0O N. Wiz-- - SS 1 sa t` 14 No, mN �° 1 d ��'Z/ rr� ------------ m q, ,° t ,° N m sr:a--d�r� �� 6 vA "'2.or� a♦:' of I� • In In NI ,°° U- m A'• ,a it• yF0 0♦�.'� 2a y r a ---__ 0°1 --- K i 01♦9, �, e� g tip s$1 O u �y Fit UV '- ri --�'' . a -n{ �� y. �♦ o _ jnN36V T ° MI '^ �Z¢ liVZV�IV o, — _ su �ui oUoll W y s h- , = Ch Sy o c~i it o ° • i an NI emM MI 1 .• P U O OU __—JC n ,� a teat A �, Wb of 1=S.t♦ ��'_ N a,• Z NI N N ♦o �O ' •j nl h �p � o OpNVN2lN833A1 NVS r/ i...� _ •—•-•......—............_..-�.•,.+-..-.�....www�+we+•,w �-•�wlrrw+.*^v�^^�w�••�...n•ww.�-.•mow•.^.. .._ .. EXHISIT ,A, EXHIBIT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Nab: 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 1 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 (a) Any law, ordinance or'govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0 the occupancy, use, or enjoyment of the land; (i) the character, dimensions or locations of any improvement now or hereafter erected on the land; (W 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 exckxded 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 poky 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 clairr►ant; (d)-,. attaching or created subsequent to date of policy (except to the extent that this poky 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 Gen of the insured mortgage because of the inability or failure of the insured at date of policy, or the inabdrty 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 unenforceabWty 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-w- nding law. 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 pokey 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 n the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or () subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or (ii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferentai 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 9 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1990 EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmentai regulation (including but not limited to building and zoning laws, ordinances, or regulatior, restricting, regulating, prohibiting or relating to O the occupancy, use, or enjoyment of the land: (u) the character, dimensions or locations of any improvement now or hereafter erected on the land; (it) 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 exerese 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: m) not known to the Company, „ot recorded in thie 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. Unenforceabiity of the lien of the mortgage because of the inabdity or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with amicable 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 ending 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. y ♦ • • • 49- e- 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 pubic 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 pubric 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 v boundary fines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the pubic 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 meters excepted under (a), (b) or (c) are shown by the public records.