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LLA-Philip Chen and Jac-Hak Ko & Hye Ryeong Kim, 22260 Cupertino Rd & 10040 Carmen Rd, APNs: 326-50-031 & 326-50-055RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Tone Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 )N 11p-01 AS NO. I7019 7Z, THIS COPY HAS NOT BEEN COMPARED WITH THE ORIGINAL DOCUMENT. 'An4- L -County Reoorder (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT For: Philip Chen a married man as his sole and separate property, 22260 Cupertino Rd., APN 326-50-031 And Jae-Hak Ko and Hye-Ryeong Kim, husband and wife as joint tenants, 10040 Carmen Rd., APN 326-50-055 Original ❑ For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: Philip Chen a married man as his sole and separate property, 22260 Cupertino Rd., APN 326-50-031 And Jae-Hak Ko and Hye-Ryeong Kim, husband and wife as joint tenants, 10040 Carmen Rd., APN 326-50-055 ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between, APN 326-50-031 and APN 326-50-055, as designated on the attached plat and descriptions marked Exhibit "A" and `B", 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". 4L Approved this day of A . , 2004. RALPH A. QUALLS, JR CITY ENGINEER CITY OF CUPERTINO C.E.# 2046 C" By: D�� • i'`N j2.cE 42-1/©Z- eyr. 3/m l0 b �a s t !! rj 0. No. 32436 Exp, /Z 3/ �* 3 "I i 47.01' CUPERTINO ROAD (40.00 WIDE) 89'53'00"W LOT 10 600K 'P' PACE W APN 326-50-031 NEW LOT LINE N89'53'00'W 97.99' OLD LOT LINE PARCEL 1 P.M. 550 INl APN 326-50-055 1.0',- m 0 PARCEL 4 PARCEL 2 �OU o.b. ND IP TAGGED LS 3136 Uj r' 1 0 0 O 0 MONUMENT MONUMENT PLAT TO ACCOMPANY DESCRIPTION FOR LOT LINE ADJUSMENT 10040 CARMEN ROAD, CUPERTINO, CA 95014 22260 CUPER77NO ROAD, CUPERTINO, CA 95014 + �/V .06.d� � APN- 326-50-056, APN- 326-50-031 SMP COMPANY DATE: 07-08-04 Civil Engineers — Land Surveyors SCALE : 1 "=30' 1211 Park Avenue, Suite 208 San Jose, CA 95126 SOB NO.: 2464 Tel. (408) 472-5062 Fax (408) 287-8630 BEFORE EXHIBIT "ONE" Portion of Sections 9 and 10 as shown on that certain Map entitled, 'Map of Inspiration Point Monta Vista', which Map was tied for record on April 11, 1917 in Map Book P, page(s) 18, Santa Claa Couity Recods, and more particularly described as follows: Begkv*V at a point on the Southerly fine of Stevens Creek Road at the Northerly common corner of Sections 9 and 10 as said Road and Sections are shown on the Map above referred -to; ru nr&M thence Westerly along the said Southerly line of Stevens Creek Road, 49.88 feet; nxu g thence Southerly and parallel with the dividing fine between said Sections 9 and 10, for a distance of 100.12 feet to the Southerly line of said Section 9; running thence Easterly along said•last named line and its prokxgation Easterly 150-00 feet to the Westerly fine of Carmen Road, as said road is shown on the Map above referred to; running thence Northerly along said last named fie, 85-12 feet; thence on a curve to the left -with a radius of 15-00 feet through an angle of 900 for a distance of 23-56 feet to a point on the said Soudherly Cane of Stevens Creek Road; running thence Westerly along said last named 6he 85-12 feet to the point of beginning. Assessor's Parcel No: 326-50-031 Q�OFESSION �`���; Fp0 V As `? '•" E3 ; o = Ui No /Z436 Zjc� Sr�••..,CIV��;��� T� , C \1. _ e�4 AFTER EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, Portion of Sections 9 and 10 as shown on that certain Map entitled " Map of Inspiration Point Monta Vista", which Map was filed for record on April 11,1917 in Map Book P Page 18, Santa Clara County Records, described as follow: Beginning at the found IP tagged LS 3136 at the most southerly corner of Parcel 1, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the office of the Recorder of the Santa Clara, State of California, on April 24, 1985 in Book 559 of Maps at Page 1; thence along the northeasterly line of said Parcel 1, N70°00'00"E 89.07 feet; thence N00°07'00"E 51.98.00 feet; to the TRUE POINT OF BEGINNING; thence N89°53'00"W 4 feet; thence N00°07'00"E 85.13 feet; thence on a curve to the left with a radius of 15.00 feet through an angle of 900 for a distance of 23.56 feet ; thence N89053'00"W 135.00 feet; thence S00°07'00"W 100.12 feet; thence S89°53'00"E 47.01 feet; thence N45°05'51"E 21.21 feet; thence S89°53'00"E 83 feet; thence S00°07'00"W 15 feet; thence S89°53'00"E 1 foot to the TRUE POINT OF BEGINNING. APN: 326-50-0') I Q��FESSIONq� F4, 't = No 3243g STgTE OF CPS'\' BEFORE EXHIBIT "ONE" Parcel 1, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 24, 1986 in Book 559 of Maps at page(s) 1. Assessor's Parcel No: 326-50-055 Q��FESSION44 F� JAS c, a do AFTER EXHIBIT "A" LEGAL DESCRIPTION FOR LOT LINE ADJUSMENT The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino. Parcel I, as shown on that certain Map entitled `Parcel Map", which Map was filed for record in the office of the Recorder of the Santa Clara, State of California, on April 24. 1985 in Book 559 of Maps at Page 1. Beginning at the found IP tagged LS 3136 at the most southerly corner of Parcel 1, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the office of the Recorder of the Santa Clara, State of California, on April 24, 1985 in Book 559 of Maps at Page 1; thence along the northeasterly line of said Parcel 1, N70°00'00"E 89.07 feet; thence N00°07'00"E 51.98 feet; thence N89°53'00"W I foot; thence N00°07'00"E 15 feet; thence N89°53'00"W 83 feet; thence S45°05'51"W 21.21 feet; thence N89°53'00"W 47.01 feet; thence S00°07'00"W 59.25 feet; thence S69°20'40"E 66.60 feet; to the point of beginning. APN: 326-50-055 oe��1f ESSIONq w• No. 32436 �r •. Exp 2 3 / LOIN s���� �clvl\�,�F���\� 0 Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. 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. Countersigned FIDELITY NATIONAL TITLE COMPANY ,�.+BY OpPOq�) o F: r SEAL " ATTEST CAIM S.crttary 0 Fidelity National Title Company FXHIB11 B 10300 South DeAnza Blvd., NA * Cupertino, CA 950 14 -30 P) (408) 996-7177 • FAX (408) 252-8029 PRELIMINARY REPORT ESCROW OFFICER: Lori/ifredericks@fnf.com ORDER NO.: 4020814 TITLE OFFICER: Komar Chan LOAN NO.: TO: Cupertino Construction 10079 Saich Way Cupertino, CA 95014 ATTN: Danny Lee SHORT TERM RATE: yes PROPERTY ADDRESS: 22260 Cupertino Road, Cupertino, California EFFECTIVE DATE: June 18, 2004, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: American Land Title Association Homeowner's Policy of Title For a One -To -Four Family Residence (10/17/98) California Land Title Association Standard Coverage Policy - 1990 2 3 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: Philip Chen a married man as his sole and separate property THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CUPERTINO, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF Is\Is 06/25/2004 IE**Bit Order No. 4020814 EXHIBIT "ONE" Portion of Sections 9 and 10 as shown on that certain Map entitled, "Map of Inspiration Point Monta Vista", which Map was filed for record on April 11, 1917 in Map Book P, page(s) 18, Santa Clara County Records, and more particularly described as follows: Beginning at a point on the Southerly line of Stevens Creek Road at the Northerly cornmon corner of Sections 9 and 10 as said Road and Sections are shown on the Map above referred to; running thence Westerly along the said Southerly line of Stevens Creek Road, 49.88 feet; running thence Southerly and parallel with the dividing line between said Sections 9 and 10, for a distance of 100.12 feet to the Southerly line of said Section 9; running thence Easterly along said last named line and its prolongation Easterly 150.00 feet to the Westerly line of Carmen Road, as said road is shown on the Map above referred to; running thence Northerly along said last named line, 85.12 feet; thence on a curve to the left with a radius of 15.00 feet through an angle of 901 for a distance of 23.56 feet to a point on the said Southerly line of Stevens Creek Road; running thence Westerly along said last named line 85.12 feet to the point of beginning. Assessor's Parcel No: 326-50-031 EXHIB11 B Order No. 4020814 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 2 3. E1 5 Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2004-2005. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. Matters which may be disclosed by an inspection and/or by a correct AL-rA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. Any rights of the parties in possession of a portion of, or all of, said land, which rights are not disclosed by the public record. This Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Cupertino Sanitary District of Santa Clara County Purpose: Sanitary Sewer Facilities Recorded: March 22, 1963, Instrument No. 2370297, Book 5954, Page 20, of Official Records Affects: westerly 6 feet A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $617, 500.00 Dated: May 14, 2004 Trustor: Philip Chen Trustee: Greater Bay Bank N.A. Beneficiary: Cupertino National Bank Loan No.: Recorded: May 28, 2004, Instrument No. 17815619, of Official Records END OF ITEMS 3 EXHIB11 B ITEMS: (Continued) Order No. 11020814 Note 1. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: APN: Fiscal year 1 st Installment: 2nd Installment Land: Improvements: Code Area: Tracer No.: 326-50-031 2003-2004 $5,583.17 PAID $5,583.17 PAID $867, 500.00 $96,300.00 326-50-031 13 009 Note 2. The only deeds affecting said land, which recorded within twenty-four (24) months of the date of this report, as are follows: Grantor: Danny C. Lee and Belinda Lee, Trustees of the Danny & Belinda Lee Family Trust U/A April 10, 2001 FBO Danny C. Lee and Belinda Lee Grantee: Philip Chen a married man as his sole and separate property Recorded: May 28, 2004, Instrument No. 1781 5617, of Official Records and Grantor: Yvonne Chen wife of the grantee herein Grantee: Philip Chen a married man as his sole and separate property Recorded: May 28, 2004, Instrument No. 17815618, of Official Records Note 3. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land a single family residence known as 22260 Cupertino Road, Cupertino, CA to an Extended Coverage Loan Policy. Note 4. The County of Santa Clara imposes a Monument Preservation fee of $10.00 for the recording of any Deed with a legal description other than an entire lot as shown on recorded final map. Note 5. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. Note 6. Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"), In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. Note 7. NOTE: The ALTA Homeowner's Policy of Title Insurance (10-17-98) contains specific deductible amounts and specific liability maximums for Covered Risk numbers 14, 15, 16 and 18 of said policy that have been filed and approved by the various Departments of Insurance where the forms have been filed. Please consult with your escrow or title officer if you questions regarding the policy. .19 ITEMS: (Continued) Order No. 4020814 Note 8. The Note shown below, which recites, "California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of state address, withhold 3-1 /3%, of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained." is hereby deleted and replaced with the following: California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. Note 9. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 10. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 11. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 5 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 16-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B. you are not insured agaitat loss, costs,'allnrneys' fees, end expenses resulting from: I. Govw nmental police power, and the existence or violation of any law of government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the fond • land division • environmental protection This oxelusion does not apply to violations or the enforcement of these matters which appear in the public records At policy data. 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 Darn • the taking happened prim to the Policy Data and is binding on you if you bought the land without knowledge of the taking Mille Risks: • that wo cronnut, allowed, ni ngrrood In by you • that ere known to Vou, but nut to ue, on it Policy Dma unless they ripp—ed! in the puhllc records • th.l result in no loss In yrxl • that first .(fact your title after the Policy Dntn IN, does not hndl the Inbor and meoo-1 limn roveroge in Item 8 of Covered title Risks 1. T.ilure to pay valuer for your title. 5. Lack of A right: • to any land outside the on specifically described mud mfnnod to in It 3 of Schedule A or • n streets, Alloys, or waterways that t —h yoU! I—d This exclusion dons not limit the access coverage in Item 5 of Coveted Iitto Risks. SCHEDULE B EXCEPTIONS In nddition to the Exclusions, you are not insured against loss, costs, attorneys' fees, ..it the ..Pon,.. ras lting Irom: I. Any rights, interests, or claims of parliss in possession of the land not shown by the public records. 2. Any ensements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts nb—I the laid -Wh A correct survey would disclose and which are not shown by the public records. This doos not limit the forced removal rovoragn in item 12 of Covered Iillo Risks. 4. Any water rights or claims or title to water in or under the hand, whether m not shown by tho public, records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, a regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the lend; (ii) the character, dimensions m location of any improvement now or hereafter wooled on the land; (fill a sepatation in ownership or a charge in the dimensions or wen of the land or any parcel of which the land is or was a part; or (iv) environmental protection, m the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcoment thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the lend 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 exerciso 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 undese notice of the exercise thereof has been recorded in the public record. at Date of Policy, but not excluding from coverage any taking which has occurred prim to Date of Policy which would be binding on the rights of a purchaser fm value without knowledge. 3. Defects, liens, encumbrances, advwse claims, or other matters: In) whether or not recorded in the public records at Data of Policy, but created, suf(med, assumed or agreed to by the insured clamant; IN not known to the Company, not recorded in the public records At Date of Policy, but known to the insured claimant end not disclosed in writing to the Company by the insured claimant prim to the date the insured claimant become an insured under this policy; It..) resulting in no toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (of resulting in loss or damage which would not have boon sustained if the insured clamant had pad value for the insured mortgage or for the estate m interest insured by this policy. Unenforcoabllity of the lion 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 instead mortgage, or claim thereof, which wises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection m truth in lending low. Any claim, which Arisen out of the transaction vesting in the insured the estate of interest insured by this policy m the transaction creating the interest of the insured londw, by reason of the operation of federal bankruptcy, state insolvency or similar crodilors' eights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (aid the Company will not pay costs, Attorneys' fees or expenses) which wise by reason of: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that J. Easements, liens m encumbrances, or claims thereof, which are not shown by rho public records. levies taxes or assessments on real Property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, m any other facts winch which may result in taxes or Assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which we not shown by the public records. the records of such agency or by the public, records. 5. (a) Unpatented miring clams; (b) roservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which we nod shown by the public records but which could be issuance thoroof; (c) water rights, clams m title to water, whether or not the matters excepted under ascwtained by an inspection of the land or which may be assorted by persons in possession thereof. (a), (b), m (c) we shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) 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 expanses 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, m enjoyment of the lard; (ii) the character, dimensions or location of any improvement new or hereafter erected on the lard; (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 pert; or (iv) environmental protection, or the affect 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 m 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 tho extent that a notice of the exaclse thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vitiation affecting the fend has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exorcise thereof has boon recodod in the public records at Data of Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which world be binding on the rights of a purchaser for value without knowledge. 3. Dofocts, liens, encumbrances, adverse claims, or other matters: (al 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 net disclosed in writing to the Company by the insured claimant prim to the data the insured claimant became an insured undo this policy; Icl resulting in no loss or damage to the insured claimant; (d) attaching m created subsequent to Dale of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to this extent insurance is afforded herein as to assessments for street improvements under construction or completed at Data of Policy); a Is) 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 rem galpn bacausa of the inability or failure al the insurod at Date of Policy, or the inability or failure of any subsnquenl owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforcoobility of the lien of the insured mortgage, or claim thereof, which asses out of the transaction evidenced by the insured mortgage and is based upon usury or any consume 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 lion of the insured mortgage) raising from an improvement or work related to the land which is contracted for and commou"d subsequent to Dote 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 mortgages insured by this policy, by reason of the operation of federal bankruptcy, state insolvoncy, or similar creditors' rights laws, that is based on: (I) the transaction creating the interest of the insured rowigagoo being doernnd a frnudulont conveyance or fraudulent transfer; m 60 the subordination of the interest of the insured mortgagno as a result of the application of the doctrine of equitable subordination; or Will the transaction creating the interest of the insured mortgagee being dammed a Prefeentisl transfer except where the preferential transfer results from the failure: (n) to timely record the imporro nt of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or lien croditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-921 AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters we expressly excluded from the coverage of this policy and the Company will not pay toss or damage, costs, attorneys' fees or expenses which wise by reason of: 1. (a) Any law, ordinance w governmental regulation (including but rot limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or totaling to (i) the occupancy, use, or enjoyment of the land; (i) the character, dimensions or location of any improvement now or hereafter exacted on the land; (III) a separation in ownwship a a charge in the dimensions or area of the lard or any parcel of which the lard is or was a part; or GO environmental protection, a the effect of any vitiation 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 vitiation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by la) above, except to the extent that a notice of the exorcise thereof or a notice of a defect, lien a encumbrance resulting from a violation as alleged violation affecting the lard 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 hasoccurred prior to Data 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) crewed, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Data 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 a created subsequent to Data of Policy, or Is) resulting in loss or damage which would net have boon sustained it the insured claimant had paid value for the estate m interest insured by this policy. Any claim, which arises out of the transaction vesting in the insured the estate m interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that I. based on: (i) the transaction creating the estate or interest insured by this policy being doomed a fraudulent conveyance a fraudulent transfer; or IN tha transaction creating the estate or interest insured by this policy being deemed a prolmential transfer except where the (referential transfer rosults from the failure: (a) to timely record the instrument of transfer; or (b) of such recodation to impart notice to a purchase for value or it judgemont a lion c,ml,tm. The above ALTA policy forms may be issued to afford nilhor Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss a damage (and the Company will not pay costs, attorneys' foes or expenses) which wise by reason of: 1. Taxes or assessments which we not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thoreol, which we net shown by the public records. levies taxes or assessments on real proparty or by the pudic records. Proceedings by a pudic agency 4. Discrepancies, conflicts in boundary lines, shortage in was, oncroachmonts, or any other faces which which may result in taxes of assessments, or notices of such proceedings, whether a not shown by a correct survey would disclose, and which are net shown by tiro public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) rosorvnlions or excoptions in patents or in Arts mnthorizing the 2. Any facts, rights, inloresls or claims which are not shown by the public records but which could be issuance thereof; (c) wets lights, claims or title to water, whether or out the maltors oxcopled undot ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or (c) we shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental polire power, and the existence or violation of any low or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning C. Land use d. improvements on Land a. Land division F. environmental protection This Exclusion does not apply to violations m the enforcement of throne mattms it 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 arcordanco with applicable building codas. This Exclusion does not apply to violations of building codes if notice of the violation appeme in the Public Rocords at the Policy Data. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at ilia Policy Date; or b. the taking happened before ilia Policy Date and is binding on You if You boght ilia L and without Knowing of the taking. 4. Risks: a. that wo ,,..[ad, allowed, or agreed to by You, whathor or not they appow in Ilia Pubtir. Rnconl b. that we Known to You at the Policy Date, but not to Us, unless they appear in the Public Rocorc at ilia Policy Data; C. that result in no loss to Yon; or d. that first o c alter the Policy Data , INs dons not limit it,,, coverage doscribod in Covnrod Rio 7, 8.d, 22, 23, 24 nr 25. 5. Failure to pay value for Your Titlo. 6. Lack of a right a. to any Land outside the area specifically doscribod and ioferred Io in paragraph 3 01 Schodulo I and b. in streets, alloys, or waterways that touch the I and. This Exclusion does not limit the coverage described in Covered Risk I 1 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schodule B, you we not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police poww, and the existence or violation of any law or government regulation. TNs includes building and zonng ordinances and also laws and regulations comerning: a. land use; b. improvements on the land; C. land divisions; or d. environmental protection. This exclusion does not apply to violations or the enforcement of those matters which appear in the public records at Policy Date. This exclusion does not limit the coverage described in Item 12c and d, 13 and 18 of Covmed Title Risks. 2. The right to take the land by condemning it, unless: a, a notice of exercising the right appears in the public records on the Policy Dote; or b. the taking happened prim to the Policy Date and is binding on you if you bought the lend without knowing of the taking. 3. Title Risks: a. that we created, allowed, or agreed to by you; b. Ihot me known to you, but not to us, on the Policy Date unless they appoernd in the pub records; C. that result in no loss to you; or d. that first affect your title after the Policy Date - this does not limit the coveragu described in itor 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value Im your title. 5. Lack of a right: (a) to any land outsido the tuna spocificnlly doscribod and rel000d to in item 3 Schedule A m fb) in streets, alloys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 sort 12. of If,. Covered Title Risks. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following maltme we expressly excluded from the coverage of this policy and the Company will not pay loss m damage, costs, attorneys fees m expenses wNch arise by lesson of: 1. (al Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (if the occupancy, use, or enjoyment of the Land; ITi) the character, dimensions m location of any improvements now or hereafter arected on the Land ; tail a sepmation in ownership m a change in the dimensions or mean of the Land or any parcel of which the Land Is or was a port; 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, lion m 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 Covered Risks 12, 13, 14, and 16 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, Hon m encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Rocmds at Date of Policy. I tin exclusion does not limit the coverage provided under Covered Risk. 12, 13, 14, and 16 of ilia policy. 2. Rights of eminent domainunless notice of the exercise lhomof has been recodod in the Public Rermds at Date of Policy, but not excluding from covarege any taking which lies occurred prior to Data of Policy which would be binding on the rights of a pufchasm for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or otter matters: (af created, suffered, assumed or agreed to by the Insured Claimant; (b1 not Known to the Company, not recorded in the Public Records at Date of Policy, bat Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prim to the date the Insured Claimant became an Insured under this policy; (cl resulting in no loss damage to the Insured Claimant; (dl attecNng or created subsequent to Data of Policy (this paragraph does limit lire coverage provided i im Covnrod Risks 8, 16, 18, 1% 20, 21, 22 ,23, 24, 25 end 261; or I.) 1-olllllg III Itlfla 11I drilling" which would Ion Inlya Beall MIA(Marled 11 (hn hiiio1enI Clattonlll had prod vauo let the Insured Mortgage. 4. Unenfmceebility of the lien of the Insured Mortgage bermise of Ilia inability or failure of the Insured Date of Policy, or the inability m failure of any subsequent owner of the indebtedness, to comply w applicable doing business laws of the state in which tho Land is situated. 5. Invalidity or utonforceability of ilia lien of tho Insured Mortgnge, or claim thereof, which mines not the transaction evidenced by the Insured Mmtgnge and is based upon usury, except as provided Covnrod Risk 27, or any consumer credit protection m truth in Innding low. 6. Real property taxes or assessments of any governmental authority which become n lion on the Le subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covmed Ric 7, 8(a) and 26. 7. Any claim of invalidity, unonforconbility or lack of priority nl the tin., of the Insured Mortgage as advances or modifications mode after the Insured lies Knowledge that the vsales shown in Srhed A is or, longer the owner of the estate or interest coveted by this policy. This exclusion does not fir the coverage provided in Covnrod Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to oath and every advance made after Date Policy, and all interest charged thereon, over lions, onctanNnoces and other mattes affecting the tit tiro oxistru— Of which are Known I. Itin Insured at! (a) the limn of the ndvnnco; or Ibl The time a modification is made to Ilia terms of the Insured Mortgage which charges the role interest charged, if the rate of interest is groatm as a result of ilia modification than it would ho been before the modification. This exclusion does riot limit ilia coverage provided in Covered Risk 8. 9. The failure of the residential structure, m any portion thornof to have been constructed before, on after Data of Policy in accordanco with applicable building codes. This exclusion does rot apply violations of building codes if notice of the violation appews in the Public Records at Date of Polic 0 Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. AM3260SO Page 1 25'N I ho Lea CARM rc J U 2 U u N cc 0 N N W N N r 0 go 0 p o ' y, 0 1 y�yf, , •1 n '•1 U r a a w ti i- 3 b 2 �I a All _I J W LL r y V al _. W N - 1n"]Idt-4q 0 4I d All ..,�� �-gip---rllii " vrIL W a' �y � 'a'•a' � i o � � Nd -_-------- - �I on Q 3 hl J, a d 02.06 Vcc .�/ G , iD nu ow c !1 N. FOOTHILL — BLVD.� ( FMLY. MT. VIEN- STEVENS CREEX AD) YN m� C`l 0 Fidelity National Title Company PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. 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. Countersigned FIDELITY NATIONAL TITLE I/COMPANY BY F t' i' SEAL ATTEST P...Id.M CAtWQ Secnlery EXHIB17 B Fidelity National Title Company 10300 South DeAnza Blvd., #A • Cupertino, CA 95014-3010 (408) 996-7177 • FAX (408) 252-8029 PRELIMINARY REPORT ESCROW OFFICER: Lori/Ifredericks@fnf.com ORDER NO.: 4020815 TITLE OFFICER: Komar Chan LOAN NO.: TO: Cupertino Construction 10079 Saich Way Cupertino, CA 95014 ATTN: Danny Lee SHORT TERM RATE: yes PROPERTY ADDRESS: 10040 Carmen Road, Cupertino, California EFFECTIVE DATE: June 21, 2004, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: American Land Title Association Homeowner's Policy of Title For a One -To -Four Family Residence (10/17/98) California Land Title Association Standard Coverage Policy - 1990 ilk 2 3. 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: Jae-Hak Ko and Hye-Ryeong Kim, husband and wife as joint tenants THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF CUPERTINO, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF Is\Is 06/25/2004 1 Order No. 4020815 EXHIBIT "ONE" �^�'� e Parcel 1, as shown on that certain Map entitled "Parcel Map", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 24, 1986 in Book 559 of Maps at page(s) 1. Assessor's Parcel No: 326-50-055 2 Order No. 4020815 � I--4 � �...�f i �• AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 2. 3. 4 5 Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2004-2005. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. Covenants, conditions and restrictions (deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin) as set forth in the document Recorded: November 16, 1935, Book 750, Page 218, of Official Records Note: Section 12956.1, as amended, of the Government Code provides for the following: "If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Cupertino Sanitary District of Santa Clara County Purpose: sanitary sewer purposes Recorded: April 23, 1963, Instrument No. 2389901, Book 5996, Page 155, of Official Records Affects: Westerly 6 feet A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $526,500.00 Dated: December 24, 2003 Trustor: Jae-Hak Ko and Hye-Ryeong Kim Trustee: Greater Bay Bancorp Beneficiary: Cupertino National Bank & Trust Loan No.: 301104298 Recorded: January 2, 2004, Instrument No. END OF ITEMS 17555917, of Official Records 3 ITEMS: (Continued) Order No. 4020815 Note 1. Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts are: APN: 2003-2-0 EXHIB01 B Fiscal year 2003-2004 1 st Installment: $2,724.14 PAID 2nd Installment: $2,724.14 PAID Land: $373,613.00 Improvements: $99,626.00 Code Area: 326-50-055 Tracer No.: 13 009 Note 2. The only deeds affecting said land, which recorded within twenty-four (24) months of the date of this report, as are follows: Grantor: Stephen M. Quan and Christine C. Quan husband and wife Grantee: Jae-Hak Ko and Hye-Ryeong Kim, husband and wife as joint tenants Recorded: January 2, 2004, Instrument No. 17555916, of Official Records Note 3. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land single family dwelling known as 10040 Carmen Road, Cupertino, CA to an Extended Coverage Loan Policy. Note 4. Your application for title insurance was placed by reference to a street address only. Based on our records, we believe that the description in this report covers the parcel that you requested. To prevent errors and to be certain that the proper parcel of land will appear on the documents and on the policy of title insurance, we require written approval of the legal description in this report be sent to this Company, signed by the parties to the transaction. Note 5. Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance must be clearly set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. Note 6. NOTE: The ALTA Homeowner's Policy of Title Insurance (10-17-98) contains specific deductible amounts and specific liability maximums for Covered Risk numbers 14, 15, 16 and 18 of said policy that have been filed and approved by the various Departments of Insurance where the forms have been filed. Please consult with your escrow or title officer if you questions regarding the policy. 4 r ITEMS: (Continued) Note 7. The Note shown below, which recites, "California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of state address, withhold 3-1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained." is hereby deleted and replaced with the following: California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. Note 8. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 9. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 10. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1 /3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 5 EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of 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 knowledge 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 • [hat 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. SCHEDULER EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the lend not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 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 (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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Data 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. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (a), (b), or (c) are shown by the public records. "r-5XH11311 8 EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) 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 (i) the occupancy, use, or enjoyment of the land; Oil 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 Data 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 Data of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have boon sustained if the insured clsimant 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 Data 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 unenfwceability 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 or the insured mortgagee being doomed 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 import notice to a purchaser for value or a judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, 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 was of the land or any parcel of which the land is w was a part; or (iv) environmental protection, m the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof a 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 Data 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 a damage to the insured claimant; (d) attaching or created subsequent to 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 estate or interest insured by this policy. 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 judgement or lien creditor. The above ALTA policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records, levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, w any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. 5. (a) Unpatented minting claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, clams or title to water, whether or not the matters excepted under ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or (c) we shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) 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 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. 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. 6. Lack of a right: a. to any Land outside the use specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Lard. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence a violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: a. land use; b. improvements on the land; C. land divisions; or d. environmental protection. s exclusion does not apply to violations or the enforcement of these matters which appear in the public —cords at Policy Date. This exclusion does not limit the coverage described in Item 12c and d, 13 and 18 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the public records on the Policy Date; or b. 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: a. that we created, allowed, or agreed to by you; b. that are known to you, but not to us, on the Policy Date - unless they appeared in the public records; c. that result in no loss to you; or d. that first affect your title after the Policy Date - this does not limit the coverage described in Items 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your title. 5. Lack of a right: (al to any land outside the area specifically described and referred to in Item 3 of Schedule A or (b) in streets, alleys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Title Risks. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (iil the character, dimensions or location of any improvements now or hereafter erected on the Land ; (iii) a separation in ownership or a change in the dimensions or areas 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 Covered Risks 12, 13, 14, and 16 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 Covered Risks 12, 13, 14, and 16 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; (bl not Known to the Company, not recorded in the Public Records at Data 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 damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22 ,23, 24, 25 and 26); 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(a) and 26. 7. 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 vaster, 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 in Covered Risk 8. 8. 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 the 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 greeter as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. EXHIB11 fa Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. AM326050 Page 1 � 11 tG CA a z 0 J a U 0 A 7 1 0 Q 1 3, 1 n yI � d' ti a' IJ6ai1Q-_ 1� O � � a �I W h ✓l \ �1 a Z I� W � V Z MW " I W 9 v �M 6 —N. FOOTHILL -- BLVD.- ( FMLY. MT. VIEW - STEVENS CREEK RD n �^ d 0r EXHIB11 8 RECORDING REQUESTED BY: When Recorded Mail Document and Tax Statement To: Cupertino Construction 10079 Saich Way Cupertino, CA 95014 Par�o� ORIGINAL DOCUMENT RECORDED ON 10.04 AS N0. g '_ THIS COPY HAS NOT BEEN COMPARED WITH THE ORIGINAL DOCUMENT. 5-1-"AA:�n�c"County Recorder GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) nfbri E- nfo G•�r15tCE.eP-r`b,�i _ �' ` 3 9 9 6 , � l- o � �s rQ Documentary transfer tax is $ 0 • CO City Transfer Tax is $ NIq [ ) computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area City of Cupertino FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Philip Chen, a married man as his sole and separate property hereby GRANT(S) to Jae-Hak Ko and Hye Ryeong Kim, husband and wife as joint tenants the following described real property in the City of Cupertino, County of Santa Clara, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: August 31, 2004 STATE OF CALJFORNIA r r COUNTY OF ... ON — L - -R a before me, f r Y`L.C`F 1 personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizes paEityjies), and that by his/her/their signatur s) on the instr'Ungent the person(s), or the en " y upon behalf of whic the person(s) acted, ex uted the instrument. Witness S Philip Chen K.NORMAN Common # 1395127 -� Notary Public - California Santa Clara County My Comm. Expires Jan 21, 2007 MAIL TAX STATEMENTS AS DIRECTED ABOVE FD-213 (Rev 7/96) GRANT DEED EXHIBIT "ONE" All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: Portion of Sections 9 and 10, as shown on that certain Map entitled, "Map of Inspiration Point Monta Vista" which map was filed in the office of the Recorder of the County of Santa Clara, State of California on April 11, 1917 in Map Book P, Page 18, and being more particularly described as follows: BEGINNING at the found IP tagged LS 3136 at the most Southerly corner of Parcel 1, as shown on that certain Parcel Map filed in the office of the Recorder of the County of Santa Clara, State of California on April 24, 1986 in Book 559 of Maps at Page 1; thence along the Northeasterly line of said Parcel 1, North 70000'00" East 89.07 feet; thence North 00007'00" East 51.98 feet; thence North 89153' 00" West 1.00 foot to the TRUE POINT OF BEGINNING; thence from said true point of beginning, North 001107'00" East 15.00 feet; thence North 89053'00" West 83.00 feet; thence South 45105'51" West 21.21 feet; thence South 89153'00" East 97.99 feet to the true point of beginning.