LLA-Debcor, Inc & Robert M. & Jenny C. Griswold and Robert J. and Sara F. Erickson, 1358 & 1362 S. Stelling Rd, 1361 & 1371 Aster Ln, APNs 366-17-105, 366-17-106, 366-17-10764 -63
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 17688811
1111111111111111111111111111111111111111111111111111111111
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Alliance Title Company
Pages: 42
Fees.... No Fees
Taxes...
Copies.,
AMT PAID --
RIDE # 009
3/30/2004
8:00 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOTLINE ADJUSTMENT
Between: Debcor, Inc., APN 366-17-105 and Robert M. Griswold and Jenny C. Griswold, or their
successors, as trustees of the Griswold Family Revocable Trust dated June 18`h, 2001, APN 366-17-106
and Robert J. Erickson and Sara F. Erickson, Co -Trustees of "The Erickson Trust" UTA dated Feb. 15,
2001, APN 366-17-107
Original
Ci For Fast Endorsement
�z� ifs
LOT LINE ADJUSTMENT
Property Owners: Debcor, Inc., APN 366-17-105 and Robert M. Griswold and Jenny C. Griswold, or
their successors, as trustees of the Griswold Family Revocable Trust dated June 18th, 2001, APN 366-17-
106 and Robert J. Erickson and Sara F. Erickson, Co -Trustees of "The Erickson Trust" UTA dated Feb.
15, 2001, APN 366-17-107
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN
TWO OR MORE ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE C1TY OF CUPF,RTi1eT:::
A request for a lot line adjustment between APN 366-17-105, 366-17-106 and 366-17-107, as
designated on the attached plat and descriptions marked Exhibit "A", and attached hereto, has been
submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of
Cupertino with the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a
greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of Cupertino,
in the event that the change in title interest of ownership (including lien holder interest) is not recorded
by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in
title interest of ownership (including lien holder interest) from the specified on the preliminary title
report designated on Exhibit "B" and attached hereto, occurs prior to the recordation of the grant deed
conveying the real property in conformity to Exhibit "A".
Approved this i day of , 2004.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
EXHIBIT A
Lot Line Adjustment Between APN 366-17-105 and APN 366-17-106
And Between APN 366-17-105 and APN 366-17-107
APN 366-17-105 Existing Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence along the
Westerly lines of Lots 1 and 2 as shown on said map S00012'13"E 154.98 feet to the
Southwest corner of said Lot 2; thence leaving said line and proceeding S89045'51 "W
143.32 feet; thence N00° 12' 1 YW 154.98 feet; thence N89045'51 "E 143.32 feet to the
point of BEGINNING.
Containing 22,212 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-105 New Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
Beginning at the Northwest corner of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 "W 10.00 to the TRUE POINT OF BEGINNING; thence along a line that is
parallel and Westerly ten feet, as measured at right angles, to the Westerly lines of
Lots 1 and 2 as shown on said map S00°12'13"E 154.98 feet; thence leaving said line
and proceeding S89045'51"W 133.32 feet; thence N00012'13"W 154.98 feet, thence
N89045'51 "E 133.32 feet to the TRUE POINT OF BEGINNING.
Containing 20,662 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-106 Existing Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence along the
Westerly line of Lot 1 S00012' 13"E 77.49 feet to the Southwest corner of said Lot 1;
thence proceeding along the Southerly line of said Lot 1 N89045'51 "E 92.81 feet to a
point in the westerly line of Aster Lane as shown on said Map; thence proceeding
along said line on a non -tangent curve to the right with an initial tangent bearing
N19045'39"E, a radius of 80.00 feet, an internal angle of 23034'00" and a length of
32.91 feet to a point of non -tangency; thence N00012'13"W 49.77 feet to the
Northeasterly corner of said Lot 1; thence along the Northerly line of said Lot 1
S89045'51"EW 110.00 feet to the point of BEGINNING.
Containing 8,252 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-106 New Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 "W 10.00 feet; thence along a line that is parallel to the Westerly line of Lot
1 S00012'13"E 77.49 feet; thence proceeding along the Southerly line of said Lot 1
and the projection thereof N89045'51 "E 102.81 feet to a point in the westerly line of
Aster Lane as shown on said Map; thence proceeding along said line on a non -
tangent curve to the right with an initial tangent bearing N19045'39"E, a radius of 80.00
feet, an internal angle of 23034'00" and a length of 32.91 feet to a point of non -
tangency; thence N00012'13"W 49.77 feet to the Northeasterly corner of said Lot 1;
thence along the Northerly line of said Lot 1 S89045'51 "EW 120.00 feet to the point of
BEGINNING.
Containing 9,027 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-107 Existing Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 2 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence along the
Westerly line of Lot 2 S00012' 13"E 77.49 feet to the Southwest corner of said Lot 2;
thence proceeding along the Southerly line of said Lot 2 N89045'51 "E 88.00 feet to a
point in the westerly line of Aster Lane as shown on said Map; thence proceeding
along said line N00°12'13"W 50.12 feet to a point of tangency; thence along a tangent
curve to the right with a radius of 80.00 feet, an internal angle of 19057'42" and a
length of 27.87 feet to a point of non -tangency; thence along the Northerly line of said
Lot 2 S89047'47"W 92.81 feet to the point of BEGINNING.
Containing 6,860 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-107 New Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 2 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 uW 10.00 feet; thence along a line that is parallel to the Westerly line of Lot
2 S00012'13"E 77.49 feet; thence proceeding along the Southerly line of said Lot 2
and the projection thereof N89045'51 "E 98.00 feet to a point in the westerly line of
Aster Lane as shown on said Map; thence proceeding along said line N00012'13"W
50.12 feet to a point of tangency; thence along a tangent curve to the right with a
radius of 80.00 feet, an internal angle of 19057'52" and a length of 27.87 feet to a point
of non -tangency; thence along the Northerly line of said Lot 2 S89047'47"W 102.81
feet to the point of BEGINNING.
Containing 7,635 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
Vobslchild-steAExha-line-combo Q QgOFESsi®4,�
Revised 3-10-04 w�w�`3S E.
fit No. Z059 m!
ER
y LO J
W
a
mWO�
W O �p
W ^ M
>- m I z q
zZco Q N
CL W M to � nt C7
ocy
nz I � mm co
o �O�N
Qpa •- ^NN
ti I--
w
ao co o I �o
o
co
co Q
HJ�zg
g0'�MiLd
r I a q z m
dJM z NazLa i
H
F'az W Dz
m0Q W
m
W
z
Q o
N
II
v
y
UVOU DAII77LYLLS H6LAOS
z o%
3„2 L,Z L.Os�
^o
m
Li
o Ow
N
O
N
0')
—w
o W
z
r-
F-
Ln
X
�
W
z
6e " f• S � q '
L
O N
d 0-
M O � 00 j�
00 0Q0'0
N.
`- CO N
11 a II II
am-'acrJ
I �
3N` 1831SV
w
z
� Ml
\ ,86-VS L M„2 L,Z L.00N /
0
r
1
(/
w
--io(D
I- O L�
:20LnF-:
CDI- CDLL_
-�
F
0
L,o��OyN
ui Qr
LLOr,C
i�
r-
w
prr(n
w l l L^-W
N
prr(n
w 1 1 Ln
N
a
��0�
.�- t0
x-,�
r
w
0
Ld
� a a
I r`o �
z
(A(DZ
cONN
M ..Q
(wn(Dz r
r
QnQ
Q
Zzroa.
Q `
�
Z
�CL
Q
aaa
m
,3
X
LiQ
m
O
W
�, Z
O
,86'tS L
w 3„S L,Z L.00s
w
Q
0
Q
z
EE>-
_
LA-
V�
Y
>
CL
W
Or
O Co ^ N
0,oy
1000 Lo
a PO
NWON -to(D
Iw
4-4 Lj
"^
to
Q
W.
Z it
CZ)
aF=36-4
y v) LLI
z
w X
W
in
rn
00
z
EXHIB11 2'
AllianceTitle
PRELIMINARY REPORT
ORDER NO. 11225028-007- DT
Nelson Engineering
21801 Stevens Creek Blvd #7
Cupertino, CA 95014
Attn.: Morey Nelson
Escrow Branch:
901 Campisi Way
Campbell, CA 95008
(408) 559-3424
Fax: (408) 377-0284
Escrow Officer: Dora Tavlor/ddl
Ref. No:
Title Branch:
901 Campisi Way, Suite 100
Campbell, CA 95008
Phone: (408) 559-3424
Fax: (408) 377-0284
DRE/MAP FILING
Property Address:
1358 S. Stelling Road
Cupertino, CA 95014
APN: 366-17-105
ARB : 366-17-098.38
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 br encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
ALTA Lender's Policy issued by First American Title Insurance Company
Dated as of January 23, 2004 at 7:30 a.m. �f�--�'`�1, m •�- 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:
Debcor, Inc.
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A SALE OR
REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE OPENED AND A
NEW PRELIMINARY TITLE REPORT ISSUED.
Page No. 2 F IBH 9
File No. 11225028-007-DT
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2004-
2005, 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.
IAn 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:
For: Public Utility Easement
Affects: Westerly 10 feet of said land
4. A deed of trust to secure an indebtedness in the original amount shown below,
Dated : August 08, 2003
Amount: $160,000.00
Trustor : Debcor, Inc.
Trustee : Greater Bay Bancorp
Beneficiary : Cupertino National Bank & Trust
Recorded : August 20, 2003 under Recorder's Series No. 17284998, Official Records
Loan No.: None Shown
5. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements,
if any.
6. Any facts, rights, interests or claims which a correct survey would show.
7. Environmental Responsibility Acceptance: Evidence must be provided that there are no
commitment statements in effect under Civil Code Section 850 et seq. with respect to the property.
In order to remove this statement, the landowner will need to provide this company with an
affidavit stating that they are not aware of any release reports or commitment statements which
have been issued under this statute, with respect to -the property.
NOTES:
a. Date last insured: 8-20-03
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
I I �
I `�
Page No. 3 d� H O EwJ 1 I
File No. 11225028-007 DT
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub -escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have
announced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings,"
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling. to freeze the account we will require you submit to us all unused checks,
debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the
above is possible it will be necessary to hold any difference between the demand balance and the
maximum available credit.
i. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003-
2004, a lien, shown as follows:
1 st Installment $490.90 Paid
2nd Installment $490.90 Paid
Assessor's Parcel No. 366-17-105 Code Area 13-070
Land $25,312.00 IMP $37,152.00 PP NONE Exempt $7,000.00
Page No. 4 EM11
File No. 11225028-007 DT
k. 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: Ann P. McElroy, Trustee of the McElroy Living Trust Agreement
Grantee: Debcor, Inc.
Recorded: August 20, 2003 under Recorder's Series No. 17284997, Official Records.
1. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the company as insurer.
m. No known matters otherwise appropriate to be shown have been deleted from this report, which is
not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance.
n. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara,
this Company will require a copy of the tentative Map which is to be recorded, for examination
and retention in our file.
Page No. 5 AM 1
File No. 11225028-007-DT
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
The Remainder Lot, as`shown on that certain Parcel Map filed for record in the office of the Recorder of
the County of Santa Clara, State of California on January 21, 1997, in Book 685 of Maps, page(s) 31
and 32.
ARB No: 366-17-098.38
APN No: 366-17-105
AllianceTitle
Notice
EXHOI 2
In accordance with Section 18662 of the -Revenue & Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of
the sales price in the case of the disposition of California real property interest by either:
1) A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the
seller, OR
2) A corporate seller that has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the -amount required to be withheld
or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount
or be subject to penalty for failure to withhold if:
1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00), OR
2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place
of business in California, OR
3) The seller, who is an individual, executes a written certificate, under the penalty of perjury, certifying:
a. That the California real property being conveyed is the seller's principal residence (within the meaning of Section 121 of the
Internal Revenue Code).
b. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for
California income tax purposes under Section 1031 of the Internal Revenue Code.
c. That the California real property being conveyed has been compulsorily or involuntarily converted (within the meaning of
Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use
so as to be eligible under Section 1033 of the Internal Revenue Code.
d. That the California real property transaction will result in a loss for California income tax purposes.
The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant a reduced withholding and waivers
from withholding on a case -by -case basis for corporations or other entities.
The parties to this transaction should seek the professional advice and counsel of an attorney, accountant or other tax specialist's opinion concerning
the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property?
♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
transaction?
♦ Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ Will the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment.
♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely
manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer.
♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new
lender on the policy as a loss payee.
♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance
Title Company has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy
from us). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise
from an Attorney, CPA, or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees of 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 notice of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except -to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3. Defects, liens, encumbrances, adverse claims, or other matters.
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a
reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder. (c) resulting in no loss or damage to the
insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of- easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 Z/Z r � 11 BW
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I\ny law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of
e land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
aimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by
the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured clairpant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or
damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or
to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
possession thereof.
3. Easements, claims of easement or encumbrances which are.not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection. or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created. suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,
labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart_notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B EXHIB11
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an. inspection of said land or by making inquiry of persons
possession thereof.
..asements, claims of easement or encumbrances which are not shown by the public records.
Jiscrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records
AMERICAN' LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or -
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
11116an the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used
ie following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. water rights, claims or title to water,
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
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.
Fr;nm fSo. to Exhibit
(10l98) L�
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE -1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the -Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in
ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or
s Ir
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
¢ — 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.lnsured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
T
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE
AllianceTitle
PRELIMINARY REPORT
ORDER NO. 11225040-004- DT
Attn..
Escrow Rranchc
901 Campisi Way, Suite 330
Campbell, CA 95008
(408)558-7800
Fax: (408) 558-0170
Escrow Officer: Dora Taylor/ddl
1
901 Campisi Way, Suite 100
Campbell, CA 95008
Phone: (408) 559-3424
Fax: (408) 377-0284
PUBL'� WORKS
Ref. No:
DRE/MAP FILING1?"a
Property Address:
1361 Aster Lane
Cupertino, CA 95014
APN: 366-17-106
ARB: 366-17-098.01
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien 'or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
ALTA Lender's Policy issued by First American Title Insurance Company
Dated as of January 26, 2004 at 7:30 a.irf _ '';-%���r- C, :`YL,- Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to Parcel One
An Easement as to Parcel Two
Title to said estate or interest at the date hereof is vested in:
Robert M. Griswold and Jenny C. Griswold, or their successors, as trustees of the Griswold Family
Revocable Trust dated June 18th, 2001
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A
SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST
BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED.
Page No. 2e 4 .'
File No. 11225040-004-DT
rP
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2004-
2005, a lien not yet due or payable.
2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal -ear 2003-
2004, a lien, shown as follows:
1 st Installment $5,434.04 Paid
2nd Installment $5,434.04 Open
Assessor's Parcel No. 366-17-106 Code Area 13-070
Land $385,869.00. IMP $551,243.00 PP NONE Exempt NONE
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
4. 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: Southeasterly 10 feet of said land
(B) For: Drainage Easement
Affects: Westerly 6 feet and Southerly 3 feet of said land
5. An easement affecting the portion of said land and for the purpose stated herein and 'incidental
purposes,
In Favor Of. Ann P. McElroy Trustee of The McElroy Living Trust Agreement dated June
25, 1984
For: private storm drain easements
Recorded: January 28, 1997 under Recorder's Series No. 13592010, Official Records
Affects: those certain strips of land designated as 'V drainage easement" on that certain
Parcel Map, filed for record in the office of the recorder of the County of Santa
Clara on January 21, 1997 in Book 685 of maps at pages 31 and 32
6. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements;
if any.
Page No. 3 EXH&I File No. 11225040-004-DT
NOTES:
a. Date last insured: 9=17-02
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not gennane to the issuance of the policy of
title insurance anticipated hereunder.
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub -escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants; conditions or
restrictions provides coverage for environmental protection.
e. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have
amlounced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings."
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from"
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling to freeze the account we will require you submit to us all unused checks,
debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the
above is possible it will be necessary to hold any difference between the demand balance and the
maximum available credit.
MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
Page No. 4 EXHB[I
File No. 11225040-004 DT
According to the public records, no Deeds conveying the property described in thus report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein --
Grantor: Robert M. Griswold and Jenny C. Griswold, or their successors, as trustees of
the Griswold Family Revocable Trust dated June 18th, 2001
Grantee: Robert M. Griswold and Jeruiy C. Griswold, husband and wife as joint tenants
Recorded: September 17, 2002 under Recorder's Series No. 16481604, Official Records.
Grantor: Robert M. Griswold and Jemiy C. Griswold, husband and wife as joint tenants
Grantee: Robert M. Griswold and Jemay C. Griswold, or their successors, as trustees of
the Griswold Family Revocable Trust dated June 18th, 2001
Recorded: September 24, 2002 under Recorder's Series No. 16494741, Official Records.
k. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the company as insurer.
1. No laiown matters otherwise appropriate to be shown have been deleted from this report, which is
not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance.
in. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara,
this Company will require a copy of the tentative Map which is to be recorded, for examination
and retention in our file.
N.
Page No. 5 jBi
File No. 11225040-004-DT
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Parcel One:
Lot 1, as shown on that Parcel Map filed for record in the office of the Recorder of the County of Santa
Clara, State of Califonua on January 21, 1997, in Book 685 of Maps, page(s) 31 and 32.
EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as
granted to San Jose Water Company, a California Corp. by instrument recorded September 10, 1999
under Recorder's Series No. 14979369, Official Records.
Parcel Two:
An easement for private storm drain purposes over that portion of Lot 2 designated and delineated as "6'
Drainage Easement" on Parcel map filed for record in the office of the Recorder of the County of Santa
Clara, State of California on January 21, 1997 in Book 685 of Maps, page(s) 31 and 32.
ARB No: 366-17-098.01
APN No: 366-17-106
AllianceTitle
Notice
SX-MBn B
In accordance with Section 18662 of the -Revenue & Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of
the sales price in the case of the disposition of California real property interest by either:
1) A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the
seller, OR
2) A corporate seller that has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount
or be subject to penalty for failure to withhold if:
1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00), OR
2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place
of business in California, OR
3) The seller, who is an individual, executes a written certificate, under the penalty of perjury, certifying:
a. That the California real property being conveyed is the seller's principal residence (within the meaning of Section 121 of the
Internal Revenue Code).
b. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for
California income tax purposes under Section 1031 of the Internal Revenue Code.
C. That the California real property being conveyed has been compulsorily or involuntarily converted (within the meaning of
Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use
so as to be eligible under Section 1033 of the Internal Revenue Code.
d. That the California real property transaction will result in a loss for California income tax purposes.
The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant a reduced withholding and waivers
from withholding on a case -by -case basis for corporations or other entities.
The parties to this transaction should seek the professional advice and counsel of an attorney, accountant or other tax specialist's opinion concerning
the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property?
♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
transaction?
♦ Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ Will the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment.
♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely
manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer.
♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new
lender on the policy as a loss payee.
♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance
Title Company has a work -sheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy
from us). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise
from an Attorney, CPA, or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
EXHIBIT A ll l :
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees of 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 notice of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of "the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
(b) Any governmental police power not excluded by (a) above, except -to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3. Defects, liens, encumbrances, adverse claims, or other matters.
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
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.
5. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy; use or
enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a
reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder. (c) resulting in no loss or damage to the
insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in.boundary lines shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970�����
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of
the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by
the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or
damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or
to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage 'by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection. or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created. suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,
labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest -of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B JEXHIB11
B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof,
easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records
�. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
B. Any lien, or right to alien, for services, labor or material theretofore or hereafter furnished, imposed bylaw and not shown by the public records
B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used
'the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water,
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
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.
Form No. 1491.EiAGLE (10198)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
C. land use
d. improvements on the Land
e. land division
I. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8A, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
). in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in
ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
o. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the _Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as -a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(1) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
B. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE
k'oIN
SIOZ on DV61 ---
rrf/ frrr fr/ wl left loll rl./ lf./ er./ �[r^' I
191, D! m , DI m 0! m 0! W Sam
e•!.� `�,S M1 a� K
i I 1 I 1 ' I 'L'l9 l O .. bW12fd
oa.� y, I M I I ^ 1 i q I I ILE•1 / 56�
wl Ig wl 1 �I i 0.1 wl �!.! i MI i Oii i MI ppg rl wl NI toti 4ll
1+3
r i o
tee
LU
9u >4i0 o c � I �. I r $R 3 u
I I 1 I I I I O r i I AIL- � UC WJ
•«'Y.I j wl 99(— FD9 I i -o�.9 .I
ltl/ 7lr/ Kt/ Olf/ ►wIiCt I j I0+0ei91
1 Y � �t0/I9►/I MI I s30'
be�b�`l
EMm
I 1
IF
3NVl
... LLC
a co SMO
�.r.'
I o
_ 7,ft
3 bl c �I
K Q LDS -- L----LDI - -? wl in ryl NI Rl IL'2
r �1
,L e I �L9 eoi ••-./IP' r NI A e
As ;1 N ' $I «� _ I Lit
J A A Lpl - 'd
G -- - - -- N i- - -- • - - --
c9 1 D of « h n Lol
- - r
•---•---•__�
7 -_-----__
r NI w z
O
----------- 1 Ac
r
< ' I A , 1 ✓- c
1 M �
------ «
1.'S YDI + Z r� rw Z _________.-r__________.
c`'a of
s
<S
> --- ---
O w
i •--------�
Ln
' I w CD �i 9
O ---- --- �� �VI m LO MI Sti
1 I I
w I O .............. '
N r u 411 N � 01 • nQ
W A
---- LL
O
I '
3
o�---.-•---, ----- Q � col � Lol w
k W^ 3 Pm� mr i a mf 3
Cm' or
� - 1
' •' � ` � w • of O �'%' W �I k
BS L� lYY9 m rlm
W V. W-9Z1'S'O'N «3 N 7l S
Cx'IS l
3N'1 315V— m ear — Or, /ea roll 2I315d
rCB'LL tro' I 0 ! srrl lr.l
O •ire/- O OI of L; ^ ; i f qiE i xrei , err! !•'V r
of 00 -l0 ml
J I J N I
O [J I J 1 C
- �°-- W 4 Q I V Si mil- 1 it%d•.J - ! _OVA 19'�pp
IL ° N 0 �I J 1 J T 1 T i M M
a0 0l� W -�• � I � Ir '4 NI
Q
PI
!4�
59 - 96'gl ' 09 ♦ [ prrl
OSL9 OS'LO 0! I BO I♦ 02 �
tSCI jp[I l 26r/ 1D./ 7.1I/ . rr 9rll .b
AllianceTitle
PRELIMINARY REPORT
ORDER NO. 11225041-004- DT
Washington Mutual
Attn.: Monty
Escrow Branch:
901 Campisi Way, Suite 330
Campbell, CA 95008
(408)558-7800
Fax: (408) 558-0170
Escrow Officer: Dora Taylor/ddl
Ref. No:
Title Branch:
901 Campisi Way, Suite 100
Campbell, CA 95008
Phone: (408) 559-3424
Fax: (408) 377-0284
DRE/MAP FILING
Property Address:
1371 Aster Lane
Cupertino, CA 95014
APN: 366-17-107
ARB : 366-17-098.02
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
CLTA Standard Policy issued by First American Title Insurance Company
Dated as of January 26, 2004 at 7:30 a.m. `T ���k �j�Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee as to Parcel One
An Easement as to Parcel Two
Title to said estate or interest at the date hereof is vested in:
Robert J. Erickson and Sarah F. Erickson, Co -Trustees of "The Erickson Trust" UTA dated Feb. 15,
2001
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A
SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST
BE OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED.
ice,._
Page No. 2�+ li
File No. 11225041-004-DT
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2004-
2005, a lien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
3. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes, shown or dedicated by the map herein referred to:
(A) For: Public Utility Easement
Affects: Easterly 10 feet of said land
(B) For: Drainage Easement
Affects: Westerly 6 feet and Northerly 3 feet of said land
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: Ann P. McElroy trustee of the McElroy Living Trust Agreement dated June 25,
1984
For: private storm drain easements
Recorded: January 28, 1997 under Recorder's Series No. 13592010, Official Records
Affects: those certain strips of land designated as 'V drainage easement" on that Parcel
Map, filed for record in the office of the recorder of the County of Santa Clara
on January 21, 1997 in Book 685 of maps at pages 31 and 32.
5. A deed of trust to secure an indebtedness in the original amount shown below,
Dated :
May 20, 2003
Amount:
$565,000.00
Trustor :
Robert J. Erickson and Sarah F. Erickson, Co -Trustees of "The Erickson Trust"
UTA dated February 15, 2001
Trustee :
California Reconveyance Company
Beneficiary:
Washington Mutual Bank, F.A.
Recorded:
May 30, 2003 under Recorder's Series No. 17076967 Official Records
Loan No.:
None Shown
A deed of trust to secure an indebtedness in the original amount shown below,
Dated : May 22, 2003
Amount: $175,000.00
Trustor : Robert J. Erickson and Sarah F. Erickson Co -Trustees of The "The Erickson
Trust" UTA dated February 15, 2001
Trustee : Chicago Title
Beneficiary : Washington Mutual Bank, F.A.
Recorded: May 30, 2003 under Recorder's Series No. 17076968 Official Records
Loan No.: None Shown
Paae No. 3
EXHUI i _:.".•
File No. 11225041-004-DT
NOTES:
a. Date last insured: 5-30-03
b. This report does not reflect requests for notice of default, requests for notice of delinquency;
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub -escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
e. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have
announced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings."
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling to freeze the account we will require you submit to us all unused checks,
debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the
above is possible it will be necessary to hold any difference between the demand balance and the
maximum available credit.
MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
Page No. 4 '
B11
File No. 11225041-004 DT
PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003-
2004, a lien, shown as follows:
1st Installment $5,704.19 Paid
2nd Installment $5,704.19 Paid
Assessor's Parcel No. 366-17-107 Code Area 13-070
Land $385,869.00 IMP $606,366.00 PP NONE Exempt $7,000.00
k. 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: Robert J. Erickson and Sarah F. Erickson, husband and wife
Grantee: Robert J. Erickson and Sarah F. Erickson, Co -Trustees of "The Erickson Trust"
UTA dated Feb_ 15, 2001
Recorded: February O5, 2002 under Recorder's Series No. 16092448, Official Records.
1. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the company as insurer.
in. No known matters otherwise appropriate to be shown have been deleted from this report, which is
not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance.
n. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara,
this Company will require a copy of the tentative Map which is to be recorded, for examination
and retention in our file.
Page No. 5 F) H11IB
File No. 11225041-004-DT
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PARCE ONE:
Parcel 2, as shown on that Parcel Map filed for record in the office of the Recorder of the County of
Santa Clara, State of California on January 21, 1997, in Book 685 of Maps, page(s) 31 and 32.
EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as
granted to San Jose Water Company, a California Corporation by instrument recorded September 10,
1999 under Recorder's Series No. 14979369, Official Records.
PARCEL TWO:
An easement for private storm drain purposes over that portion of Lot 1 designated and delineated as "6'
Drainage Easement" on Parcel Map filed for record in the office of the Recorder of the County of Santa
Clara, State of California on January 21, 1997 in Book 685 of Maps, page(s) 31 and 32.
ARB No: 366-17-098.02
APN No: 366-17-107
Alliance Title
Notice
In accordance with Section 18662 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of
the sales price in the case of the disposition of California real property interest by either:
1) A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the
seller, OR
2) A corporate seller that has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount
or be subject to penalty for failure to withhold if-
]) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00), OR
2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place
of business in California, OR
3) The seller, who is an individual, executes a written certificate, under the penalty of perjury, certifying:
a. That the California real property being conveyed is the seller's principal residence (within the meaning of Section 121 of the
Internal Revenue Code).
b. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for
California income tax purposes under Section 1031 of the Internal Revenue Code.
c. That the California real property being conveyed has been compulsorily or involuntarily converted (within the meaning of
Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use
so as to be eligible under Section 1033 of the Internal Revenue Code.
d. That the California real property transaction will result in a loss for California income tax purposes.
The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant a reduced withholding and waivers
from withholding on a.case-by-case basis for corporations or other entities.
The parties to this transaction should seek the professional advice and counsel of an attorney, accountant or other tax specialist's opinion concerning
the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property?
♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
transaction?
♦ ,Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ Will the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment.
♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely
manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer.
♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new
lender on the policy as a loss payee.
♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance
Title Company has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy
from us). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise
from an Attorney, CPA, or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
EXHIBIT A EXHIB11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA-LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees of 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 notice of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location.of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, Ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except -to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3. Defects, liens, encumbrances, adverse claims, or other matters.
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this
policy
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a
reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder. (c) resulting in no loss or damage to the
insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter fumished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 EXH01
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of
- the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain .or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by
the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or
damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or
to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection. or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created. suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,
labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
EXHIEM
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 whjch are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
Easements, claims of easement or encumbrances which are not shown by the public records.
Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records
Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' 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
(1) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of -the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or -
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(4) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used
' the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water,
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
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.
Form (4o. 14 91.EAGLE m (10I98)EMIBil
Aodenduto Exhibit A lkol
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
C. land use
d. improvements on the Land
e. land division
f, environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8A, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of aright:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
). in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in
ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25), or
EXHIBIT �
(e) resulting in loss or darrage 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.
Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the .Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar
creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
B. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and evey advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terns of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of:
nvironmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the insured Mortgage when they arise: NONE
. o-- ._ _., �Dt� hll -h dUdv Ulyluo5 +-•o, ��
r =--•-- I j.17M - i 910E oty 1�V2J1
� rrt, rr, Sze, let/ rOH fin Lcsr 6r 11 [try t0 h .
W Istr Of DD of o➢ D➢ Df I D➢ A 52Og I err �J ^O' P
1 I �2i-C�'
FI t8 ♦-I I �I I al I wl wl MI I Gil 1 ht til 'to.ti
I- N I 1 I I I S ml N.f c2•rs >
S-
��,/i.�+ v I v � I v- I v .t � I _ I � I = Q fr�2f•,t•.. i fil A � �� -
S
�i-I � wl � wl I �I i ql j ^wit i rf`.fl I �I i �I a �I o• � � ',� - I
[f 6r I 0) q O➢ aB cn O9 I D9 I K09 to.
per, lrf/ A'rl O OL r, Irf/ eerl 2/>l Jty OIII op., r6, I a MI q r
or EXHIMIIb
boy ' rttf.
J N3 9eN
d se,e crte Q�Jb cJ
CO
V N I 7 t: 4: �, f
O Q �----L01 --_L'�-.LDI --- ^b_ n'o'p' d.
LL _ v� p
^ a �� NO i n �) F ry L9 e01 •- ; NI 1e J — --
n W fw. n RI l/1 �• LOI £ JS e]
T > I N m -
flu` 0 u I 3 _ _ . _ -40i - . ' .I n cm E ^
€e 5
I P
z ♦ �n
- -
- - - - - - - -
p -1
---- n Nf ��rZ' J F.>
I
rV w _______ I b 2 �=•q
--------4----___-_ a w1P �f CD
I I NI $bra ai
Q e 01
> c
1 � y
Q a _ s
U I N I A � ra_•�
of I n1-_--------__I � 8
-----N-T-------- m=��
,mom
. f0 1 _in,
--
I
a i z
'. _\f FO t NI $w
Q'------_-__-r•_____..__
n
b lY
I
m
p -- --- --- ^9 " m LD MI $h
n
N ry
-------------
Q
W b N
to ------ --
i
w
N
W
b I
' ' n
b M W I
3
O e•' hi � c �I :3 J 1
Z
O < • I �_... LOI LOt
le
W . N$ co w I P �I S ry 1
r - - LDI • - - % �` I - LDI n 1
0 i COI -
W
eGL+
-- IIL rl
W 2r• w-stl -s•o•a �3 N v 1
U s S
t2IG-� —••^ �•�
a 3N7? b315v— m /ear rot, ler, loa ?131SV
ILBLZ ZroG DG'29 O e b.q /Ire Lrr,
CL
bvu Gr u m I a L- ly ml rnt m
OJ U U P t p I 1
_ ZZ♦"0____ O Q Q I U -i•7 C9 �� �I �,_J � , =a "�' t91yyt
Z I J 0,
PI iR rnl la m� m� m
� w
Se B6'rSl OG2'� DG'Z> D9 09 evil Ivn: r tt !➢rvl \ '
LGCI IOC/ Me, SOr/ tl rr .261 9C.' b
�Ib•W-bZ\£W'd I_
l£—IN_SE9 VI'd 9T4
�CFiIBIT A
Westerly line of Lot 1 S00012'13"E 77.49 feet to the Southwest corner of said Lot 1;
thence proceeding along the Southerly line of said Lot 1 N89045'51 "E 92.81 feet to a
point in the westerly line of Aster Lane as shown on said Map; thence proceeding
along said line on a non -tangent curve to the right with an initial tangent bearing
N19045'39"E, a radius of 80.00 feet, an internal angle of 23034'00" and a length of
32.91 feet to a point of non -tangency; thence N00012'13"W 49.77 feet to the
Northeasterly corner of said Lot 1; thence along the Northerly line of said Lot 1
S89045'51 "EW 110.00 feet to the point of BEGINNING.
Containing 8,252 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-106 New Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 "W 10.00 feet; thence along a line that is parallel to the Westerly line of Lot
1 S00012'13"E 77.49 feet; thence proceeding along the Southerly line of said Lot 1
and the projection thereof N89045'51 "E 102.81 feet to a point in the westerly line of
Aster Lane as shown on said Map; thence proceeding along said line on a non -
tangent curve to the right with an initial tangent bearing N19°45'39"E, a radius of 80.00
feet, an internal angle of 23034'00" and a length of 32.91 feet to a point of non -
tangency; thence N00012'13"W 49.77 feet to the Northeasterly corner of said Lot 1;
thence along the Northerly line of said Lot 1 S89045'51 "EW 120.00 feet to the point of
BEGINNING.
Containing 9,027 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
APN 366-17-107 Existing Configuration
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows. -
BEGINNING at the Northwest corner of Lot 2 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence along the
Westerly line of Lot 2 S00012'13"E 77.49 feet to the Southwest corner of said Lot 2;
thence proceeding along the Southerly line of said Lot 2 N89045'51 "E 88.00 feet to a
point in the westerly line of Aster Lane as shown on said Map; thence proceeding
along said line N00012'13"W 50.12 feet to a point of tangency; thence along a tangent
curve to the right with a radius of 80.00 feet, an internal angle of 19057'42" and a
,17688812 Page
V
RECORDING REQUESTED BY
Alliance Title Company
AND WHEN RECORDED MAIL
TO
Nome Robert J. Erickson
Street 1371 Aster Lane
Addreu
Cupertino, CA 95014
City.State
Zip
order No. 1225041A-004-DT
1
DOCUMENT: 17688812
111111111111111111111111111
Pages: 2
Fees.. 20.00
Taxes... 33 00
Copies -
AMT PAID 53.00
ROE # 009
BRENDA DAVIS 3/30/2004
SANTA CLARA COUNTY RECORDER 8;00 AM
Recorded at the request of
Alliance Title Company
SPACE ABOVE THIS LINE FOR RECORDER'
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLAREW Documentary Transfer Tax is $33.00
City of Cupertino 0 computed on full value of interest or property conveyed, or
Conveyance Tax is 5-0- ❑ full value less value of liensor-encumbrances remaining at
Parcel No. 366-17-107 and a portion of 366-17-105 the time of sale
Declarant or Agent Determining Ta
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
i
Debcor, Inc., a California corporation
hereby GRANT(&) to
:Robert J. Erickson and Sarah F. Erickson, co -trustees of "The Erickson Trust" UTA dated Feb. 15, 2001
the following real property in the city of Cupertino
county of Santa Clara, state of California:
See Exhibit "A" attached hereto and made a part hereof.
This deed is being recorded pursuant to that certain "Lotltne Adjustment" approved by the City of Cupertino
and recorded concurrently herewith.
Dated: March 22, 2004
STATE OF CALIFORNIA l Debcor, lnc. allfornia co oratio
COUNTY OF Santa
Clara,, ,V 1 )} S.S. a
On ���CIP�7 before me,
I—Aq)-VP— By: Richard Hanset, r sident
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the persons) whose name(s)Qare subscribed to the within
instrument and acknowledged to the that ey executed the same in
Oer/their authorized capacity(ies) and that bt!iohcrftheir signature(s) on
the instrument the person(s), or the entity upon behalf of which the
person(s), acted, executed the instrument.
WITNESS my handoticia al.
Signature
D. TAnOlt
COMMI!W,01 # 1275372
Notary Pub9c -- Co ke tC
Santa Clc ra caextly
My Corttrn. F1;:I n1 Sep3, 2W4
(This area for official notorial seal)
MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
Name Street Address City & State
17688812 Page 2 ---
Exhibit "A"
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest corner of Lot 2 as shown on the Parcel Map recorded in
I
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 nW 10.00 feet; thence along aline that is parallel to the Westerly line of Lot
2 S00012'13"E 77.49 feet; thence proceeding along the Southerly line of said Lot 2
and the projection thereof N89°45'51"E 98.00 feet to a point in the westerly line of
Aster Lane as shown on said Map; thence proceeding along said line N00°12'13"W
50.12 feet to a point of tangency; thence along a tangent curve to the right with a
radius of 80.00 feet, an internal angle of 19057'520 and a length of 27.87 feet to a point
of non -tangency; thence along the Northerly line of said Lot 2 S89°47'47°W 102.81
feet to the point of BEGINNING.
Containing 7,635 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
170-88813
Page 1
RECORDING REQUESTED BY
Alliance Title Company
AND WREN RECORDED MAIL
TO
Name Robert M. Griswold
A1361 Aster Lane
ddmzz
Cupertino, CA 95014
ctty.swe
Up
order No. 11225040-004-DT
DOCUMENT: 17688813
11111111111111111111111111111111
Pages: 2
+Fees 20.00
Taxes. 33.00
Copies..
AMT PAID 53.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Alliance Title Company
GRANT DEED
RDE 4 009
3/30/2004
8:00 AM
THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is S33.00
City of Cupertino ® computed on full value of interest or property conveyed, or
Conveyance Tax isS0.00 ❑ bell value less value of liens or EmbrFmcs remaining at
Parcel No. 366-17-106 and a portion of 366-17.105 the time of sale �k&
Declarant or Agent Determining Tax
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Debcor, Inc., a California corporation
hereby GRANT(s) to
Robert M. Griswold and Jenny C. Griswold, or their successors, as trustees of the Griswold Family Revocable Trust
dated June 18, 2001
the following real property in the city of Cupertino, county of Santa Clara, state of California:
See Exhibit A attached hereto and made a part hereof.
This deed Is being recorded pursuant to that certain "Lotline Adjustment" approved by the City of Cupertino
and recorded concurrently herewith.
Dated: March 22, 2004
STATE OF CALIFORNIA
COUNTY OF Santa Clara f� S.S.
On1 before me,
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose names subscnbed to the within
i?-=
and acknowledged to nx that shrlthe executed the same in
irauthorized capacity(ies) and that by islhedtheir signature(s) on
instrument the person(s), or the entity upon behalf of which the
person(s), acted, executed the instrument.
WITNESS my hand and fficizl a1.
Signature
D
ebtor, Ina, California corpo
4RIbard Hanse President
D. TAYLOR
CommL'-tort 0 1275372
No' my CCUOM�3
!=; ' "sarta Cl-a County
W COMM 5#rm Sep 3. 2W4
(This area for official notorial sea])
MAIL T-AX STATEMENT$ TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
Name Street Address City & State
17088813
Page 2
Exhibit "A"
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
BEGINNING at the Northwest comer of Lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89045'51 °W 10.00 feet; thence along a line that is parallel to the Westerly line of Lot
1 S00012'13"E 77.49 feet; thence proceeding along the Southerly line of said Lot 1
and the projection thereof N89°45'51 "E 102.81 feet to a point in the westerly line of
Aster Lane as shown on said Map; thence proceeding along said line on a non -
tangent curve to the right with an initial tangent bearing N19045'39°E, a radius of 80.00
feet, an internal angle of 23'34'00" and a length of 32.91 feet to a point of non -
tangency; thence N00°12'13°W 49.77 feet to the Northeasterly comer of said Lot 1;
thence along the Northerly line of said Lot 1 S89°45'51"EW 120.00 feet to the point of
BEGINNING.
Containing 9,027 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.
11225040-004
17688814
Page 1
RECORDING REQUESTED BY
Alliance Title Company
AND WHEN RECORDED MAIL
TO
Name Debcor, Inc.
strat PO Box 66683
Addrw
Scotts Valley, CA 95067
Gty,swe
Vp
ordv Na 11225028-004-DT
M o
BRENDA DAVIS 3/30/2004
SANTA CLARA COUNTY RECORDER 8;00 AM
Recorded at the request of
Alliance Title Company
GRANT DEED
THE UNDERSIGNED GRANTOR(s) DECLARE(s) Documentary Transfer Tax is $None -Lot Line Adjustment -no consideration
City of Cupertino O computed on full value of interest or property conveyed, or
Conveyance Tax is $0.00 lJ full valueless
value of i, or encumbrances remaining at
Parcel No. uortion of 366-17-105 the time ofsate J
Declarant or Agent Deter in Tax
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Debcor, Inc., a California corporation
hereby GRANT(s) to
Debcor, Inc., a California corporation
the following real property in the city of Cupertino, county of Santa Clara, state of California:
See Exhibit A attached hereto and made a part hereof.
This deed is being recorded pursuant to that certain "Lotline Adjustment" approved by the City of Cupertino
and recorded concurrently herewith.
Dated: March 22, 2004
STATE OF CALIFORNIA
COUNTY OF Santa Clara
On r 1���-� before me,
P
a Notary Public in and for said County and State, personally appeared
personally known to me (or proved to*Mne
the basis of satisfactory
evidence) to be the person(s) whose namsubscribed to the within
;ment and acknowledged to me thatley executed the same in
ter/their authorized capacity(ies) and that 5 n er/their signatures) on
the instrument the person(s), or the entity upon behalf of which the
person(s), acted, executed the instrument.
WITNESS my hand and offi tat seal.
Signature
Debcor , a California corpo lion
S.S.
By: Richard Hans President
D. TAYLOR
CORHTtLr0on # y J5372
Notc:y FL :—Ca0'artda S
Sento C' -a Ccunty
My comr^. ErpkimScp 3, 20134
(This area for official notorial seal)
D. TAYLOR
CotrtrnLT! on 0 1275372
n
Notcy 1 .c
Sertta C a County
µY Comm. ti�w s 20D4
MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE
Name Street Address City & State
17688814 Page 2
Exhibit "A"
All of that certain property situate in the City of Cupertino, Santa Clara County,
California described as follows:
Beginning at the Northwest comer of lot 1 as shown on the Parcel Map recorded in
Book 685 of Maps at pages 31 and 32, Santa Clara County Records; thence
S89°45'51 "W 10.00 to the TRUE POINT OF BEGINNING; thence along a line that is
parallel and Westerly ten feet, as measured at right angles, to the Westerly lines of
Lots 1 and 2 as shown on said map S00°12'13"E 154.98 feet; thence leaving said fine
and proceeding S89045'51"W 133.32 feet; thence N00012'13"W 154.98 feet; thence
N89"45'51 "E 133.32 feet to the TRUE POINT OF BEGINNING.
Containing 20,662 square feet more or less and consisting of a portion of Parcel B as
shown on the Record of Survey recorded in Book 118 of Maps at page 16, Santa
Clara County Records.