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LLA-Thomas J. and Jennifer D. Geisler, 10201 Yoshino Pl, APN: 375-03-021
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: fli�Wi�ti'M'��Ni�Q4�4Ch��'' Pages: 34 Fees.... 106.00 Taxes... Copies. AMT PAID 106.00 BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Ticor Title Company (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT RIDE # 011 6/12/2006 11 34 AM For: Thomas J. Geisler III and Jennifer D. Geisler, husband and wife, as community property APN: 375-03-021 Original ❑ For Fast Endorsement LOT LINE ADJUSTMENT For: Thomas J. Geisler III and Jennifer D. Geisler, husband and wife, as community property APN: 375-03-021 ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between, Lots 16 and 17, 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 8 day of :�uuW , 2006. RALPH A. QUALLS, JR CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 By: �kkss-r Dix, rk'lt- KA.Q Glenn oe ert G-1:.# 42.1(,-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of a of a Nara- ra- ss. On .TQ Y1 e 8 , Z G0 rA before me, f - I Y1'-t L-1 Q Y-1 E- S rn i t" x Date r�Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared � I e- t' n �n(2 i�Te_�_t Name(s) of Signer(s) �INq�IoA i iilil�! f��UMC-4"+�MIMtt l��OMII�t'onM1t 1, personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(4 whose name is/afa subscribed to the within instrument and acknowledged to me that he/6494hey executed the same in his/4@fA-4sir authorized capacity(-iee), and that by hisl 4@ir signature( on the instrument the personal, or the entity upon behalf of which the personal acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f l� u 5+r-Y) d Document Date: _TGyle Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 • www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ILLEGIBLE NOTARY CERTIFICATION AND SEAL DECLARATTON (GOVERNMENT CODE 27361.7) Fill in applicable information and print "N/A" for any items not required. STATE OF C�C� r-n`� C ) S5. COUNTY OF Sc,,,�O, C1 C.nC,. NAME OF NOTARY C_ri A-Y-) PLACE OF NOTARY'S OATH/BOND County in the sea COMMISSION I .D. NUMBERS VENDOR I.D. NUMBER COMMISSION EXPIRATION DATE S 1 800 q I certify under penalty of perjury under the laws of the state of California that the foregoing is true and correct. (CCP 2015.5) PLACE OF EXECUTION OF THIS DECLARATION (City an2 State) DATE BY signature FOR Gar t2 (Firm name Silicon Valley Land Surveying, Inc. Project No. 05-0370 MRBITFebruary 13, 2006 EXHIBIT "A" LEGAL DESCRIPTION OF LANDS BEFORE ADJUSTMENT All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Lot 16, as delineated upon that certain Map entitled, "TRACT NO. 5821", filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 22, 1976 in Book 373 of Maps, at pages(s) 32. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California corporation recorded on August 10,1976 in Book C201 of Official Records on page 659. Also excepting therefrom the underground water rights with no rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino, recorded October 15,1976 in Book C348 of Official Records, page 673. Page 1 of 2 Silicon Valley Land Surveying, Inc. Project No. 05-0370 MUITA February 13, 2006 EXHIBIT "A" LEGAL DESCRIPTION OF LANDS BEFORE ADJUSTMENT All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Lot 17, as delineated upon that certain Map entitled, "TRACT NO. 5821", filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 22, 1976 in Book 373 of Maps, at pages(s) 32. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California corporation recorded on August 10,1976 in Book C201 of Official Records on page 659. Also excepting therefrom the underground water rights with no rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino, recorded October 15,1976 in Book C348 of Official Records, page 673. uT9 i 0 20 40 av SCALE: 1 "= 20' C� EXHIBITA Lj S - E � sQ��• PR�'P S 5 �a � 28.02' S S87°41'40"W \ / LANDS OF GEISLER BEFORE LOT LINE ADJUSTMENT, EXHIBIT "A" 10201 YOSHINO PL. CUPERTINO ScAIE: 1 "= 20' SILICON VALLEY LAND SURVEYING, INC. DATE: 02 13 06 I' DESIGN BY: TR s V SURV, DATE N/A LAND AND ENGINEERING SURVEYS DRAWN BY: W L S - JOB NO: 05-0370 CHECK BY: SST \I 1093 NORTH FIFTH ST., SAN JOSE, CA 95112 TEL (408) 971-3800 FAX (408) 971-8501 SHEET 2 OF 2 SHEETS Silicon Valley Land Surveying, Inc. SHBITA Project No. 05-0370 December 13, 2005 EXHIBIT "A" LOT LINE ADJUSTMENT FOR PARCEL A CUPERTINO, CALIFORNIA All that certain real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: All of Lot 16, as delineated upon that certain Map entitled, "TRACT NO. 5821", filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 22, 1976 in Book 373 of Maps, at pages(s) 32. In addition thereto a portion beginning at the most southeasterly corner of Lot 16 and running South 49°32' 14" West 53.07 feet; thence leaving said line and running North 79°55'46" West 26.52 feet to an iron pipe; thence leaving said line and running North 87°41'40" East 28.02 feet; thence leaving said line and running North 53°18'50" East 48.00 feet to the Point of Beginning. Excepting therefrom a portion beginning at the most northwesterly corner of said Lot and running North 62°18'06" East 3.72 feet; thence running South 27°41'54" East 44.00 feet; thence leaving said line and running South 62'18'06" West 3.72 feet; thence North 27°41'54" West 44.00 feet back to the Point of Beginning. Also excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California corporation recorded on August 10,1976 in Book C201 of Official Records on page 659. Also excepting therefrom the underground water rights with no rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino, recorded October 15,1976 in Book C348 of Official Records, page 673. Page 1 of 2 EXHIBIT "A" E)MIBIT A LOT LINE ADJUSTMENT FOR PARCEL B CUPERTINO, CALIFORNIA All that certain real property in the City of Sunnyvale, County of Santa Clara, State of California, described as follows: All of Lot 17, as delineated upon that certain Map entitled, "TRACT NO. 5821", filed for record in the office of the Recorder of the County of Santa Clara, State of California, on June 22, 1976 in Book 373 of Maps, at page 32. Excepting therefrom a portion beginning at the most southeasterly corner of Lot 16 of said map and running South 49°32' 14" West 53.07 feet; thence leaving said line and running North 79055'46" West 26.52 feet to an iron pipe; thence leaving said line and running North 87°41'40" East 28.02 feet; thence leaving said line and running North 53°18'50" East 48.00 feet to the Point of Beginning. In addition thereto a portion beginning at the most northwesterly corner of said Lot 16 and running North 62018'06" East 3.72 feet; thence running South 27°41' 54" East 44.00 feet; thence leaving -said line and running South 6298'06" West 3.72 feet; thence North 27041'54" West 44.00 feet back to the Point of Beginning. Also excepting therefrom the underground water rights with no rights of surface entry as granted to San Jose Water Works, a California Corporation recorded on August 10, 1976 in Book C201 of Official Records, Page 659. Also excepting therefrom the underground water rights with no rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino recorded October 15, 1976 in Book C348 of Official Records, Page 673. EXmijil ti i 0 0 20 40 sV LS SCALE: 1 "=20' 0 s6.s .s n a os 9 F E S 26 52 , S�9 S s 46 "E J _ r�d r;05 27 ,w J IN I LANDS OF GEISLER AFTER LOT LINE ADJUSTMENT, EXHIBIT "B" 10201 YOSHINO PL. CUPERTINO SCALE; 1 "= 20' DATE: 02 13 06 DESIGN BY. TR s V SILICON VALLEY LAND SURVEYING, INC. SURV. DATE N/A DRAWN BY: ST PW L S� LAND AND ENGINEERING SURVEYS JOB NO: 05-0370 CHECK BY: � 1093 NORTH FIFTH ST., SAN JOSE, CA 95112 TEL (408) 971-3800 FAX (408) 971-8501 SHEET 2 OF 2 SHEETS PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California hereby repot that rtis prepared to issue, cause to be issued, as of the date hereof, a Policyor Policies of Title Insurance describing the land and the estate or interest therein hereinafterset forth, insuring against -loss which maybe sustained by reason ofany 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 and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. Limitations on Covered Rsks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also setkvth in Attachment One. Copies of the Policy forrasshould 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 policy of title insurance and no labilityrs assumed hereby. Ifrtis desired that liabilitybe 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 Chicago Title Insurance Company, a Missouri corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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, TICOR Tine COMPANY` OF CAUFORNIA BY ism SCAL ti•C'14/FOM1�� ATTEST vv Y' 5eccetery C--TA Preliminary Report Form (11/17/04 Visit Us on our Website. www.ticortide.com (T TICOR TITLE COMPANY" =/ OF CALIFORNIA 20111 Stevens Creek Blvd., Suite 270 • Cupertino, CA 95014E)MIBITB, 408 253-6990 • FAX 408 253-3780 PRELIMINARY REPORT Title Officer: Sugar Searcy Title No.: 05-32160519-SS Escrow Officer: Wai Ling Chu Locate No.: CATT0732-0732-0051-0032160519 Escrow No.: 05-32160519-WC TO: Thomas Geisler 10201 Yoshino Place Cupertino, CA 95014 ATTN: 650-625-6190 SHORT TERM RATE: No PROPERTY ADDRESS: Lot 17, Tract 5821, Common Area, Cupertino, California EFFECTIVE DATE: October 19, 2005, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: To Be Determined 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Erookdale Estates Homeowners Association 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SS\SS 10124/2005 i CLTF. Preliminary Report Form (11/17/04) Title No. 05-32160519-SS Locate No. CATr0732-0732-0051-0032160519 LEGAL DESCRIPTION E)MIBIT B EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 17 of Tract No. 5821 in the City of Cupertino, County of Santa Clara, State of California, as shown on map filed Book 373, Page 32 of Maps, in the office of the County Recorder of said County and being designated as "Common Area Lot" on said Tract Map, and which Lot 17 includes those private streets known as Sakura Way and Yoshino Place, as shown on said Map. Excepting therefrom the underground water or rights theeto with no rights of surface entry as granted to San Jose Water Works, a California Corporation recorded on August 10, 1976 in book C201 of Official Records, page 659. Also excepting therefrom the underground water rights with no rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino recorded October 15, 1976 in Book C348 of official records, page 673. CLTA Preliminary Report Form (11/17/04) Title No. 05-32160519-SS Locate No. CATT0732-0732-0051-0032160519 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: EXHIBIT B 1. 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. 2. Easement(s) for the purposes(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Public Service Easement and Sanitary Sewer Easements Affects: as shown on the map herein referred to 3. Covenants, conditions and restrictions in the declaration of restrictions but omitting any covenant or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: October 5, 1976, Instrument No. 5430580, Book C324, Page 532, of Official Records Liens and charges for upkeep and maintenance as set forth in the above mentioned declaration, payable to Brookdale Estates Homeowners Association. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of a first mortgage or first deed of trust made in good faith and for value. If you should request a copy of the document referred to above, the California Government Code Section 12956.1 requires that a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, 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. 4. The herein referred to property appears to be free and clear of any deeds of trust or mortgages. Please confirm if this is the case. CLTF. Preliminary Report Forth (11117104) ITEMS: (continued) Title No. 05-32160519-SS Locate No.CATT0732-0732-0051-0032160519 5. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by the corporation named below. Corporation: Brookdale Estates Homeowners Association E)MIRTTr,> (a) A copy of the corporation By -Laws and Articles of Incorporation. (b) An original or certified copy of the Resolution authorizing the subject transaction, together with a Certificate of Compliance pursuant to Section 5912 or 7912 Corporations Code. (c) If the Articles and/or By -Laws require approval by a "parent" organization, we will also require a copy of those By -Laws and Articles of Incorporation. The right is reserved to add requirements or additional items after completion of such review. END OF ITEMS Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 2. 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 3. Wiring instructions for Ticor Title Company of California, Cupertino, CA, are as follows: Receiving Bank: ABA Routing No.: Credit Account Name: Credit Account No.: Escrow No.: Bank of the West 1977 Saturn Street Monterey Park, CA 91755 121100782 Cupertino 847043916 05-32160519-WC These wiring instructions are for this specific transaction involving the Title Department of the Cupertino office of Ticor Title Company of California. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note 4. 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 funding should be done through wire transfer, certified check or checks drawn on California financial institutions. CLTA Preliminary Report Form (11/17/04) NOTES: (continued) Title No. 05-32160519-SS Locate No. CATF0732-0732-0051-0032160519 Note 5. The charge where an order is canceled after the issuance of the report of title, we�BIT B amount which in the opinion of the Company is proper compensation for the services r 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 canceled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 6. 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. CLTA Preliminary Report Form (11/17/04) d2Q a� o � ( � I ( O � 2c r o x N A r u s I[n b V O m z m l I I 37313 � es 4 ae.ua 50 62 ro �1 I - [a. to 14; {ats 1 m i • lOTJO N 0200 JOdSO, l0.'YO Lt b�j" — �q-- +S u, J 7 I a 11�j IA el IV vl l0 FINCH (FM LY. M I LL ER AVE.) 4c9 O�sE 01 o J� aD ¢ 7 N Z p9gn n 8;" N $� hl "� p - mmmpm3D m^N'So� D j3 3y,y wamyv a 7 � N O 3 .M _ isl r N rn O z � Oa � 0 N ca ro 30 D AVE. m W o �o � 1 9 1 W� m a EXHIBIT R ATTACHMENT ONE 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 expanses 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 nut a ly to violations ur the enforcement of these matters which appear in the public records at policy date. near does not limit the xnnng coverage descnbed in Ttems 12 and 13, Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the no appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you ifyou bought the land without knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rigbts, interests, or claims ofparties in possession of the land not shown by the public records. 2. Airy easements or liens not shown by the public records. This does not limit the lien coverage in Itcm 8 of Covered Titic Risks. 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 Failure to pay value for your title. 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. 3 Am, facts about the land which a correct survey would disclose and which arenot showaby the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 4. Anv water rights or claims or title to water in or under the land, whether or not shown by the public records. CAI MORNIA LAND TITLE ASSOCIATION STANDARD CO VERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis poligrand the Company will not pay loss or damage, costs, attorneys' fees or expenses which arse by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances: orregulatiens restricting regulating, pprroohrbitmg or relating occupancy, use, or en�oyinenY ofe land; (u}the character, dmieasions or location of any improvement now or hereafier erected on the load (iii) a separation inowslrip or a change m the dimensions or area of the land or arty parcel of which the land is or was a partemiromnental proEd ion, or the e$ext of am violation of these laws, ordtrnances or governmental theotice of Tenforceent threofora noticelienor enctrmbomnr allegedviolation affecting tbe hoc been recrn'ded in the public rec.�rds at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extenttlhata 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 pubiicr=m & at Date of Policy. 2. Ri¢hts 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 cfPolicy, 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 cfPolicy, 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; ( attaching or created subsequent to Date mfPolicv- 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 insunodbythis Uh nfbrceabihty of the hen of the insured mortgage because of the inability off 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 doinghusinecs laws of the state in which the land is situated. Invalidity or imenforceability ofe 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 leading law. Anv claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, byreason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCIIEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay vests, allomeys' fees or expenses) which arise by reason of PART 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsueh 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 bin which could be ascertained by an inspection ofthc 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. Discicpancies, conflicts in boundary lines, shortagein area encroacbments, or any other facisw Ichacorrectsurveywoulddisclose,and which arenetshownbythepublicrecords. 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 watcr,whafficrarnotthe mattes excepted under (a), (b), or (c) are shown by the public records. Attachment One (11/17/04) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION 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 C impa y will not pay loss or damage, costs, attorneys' fees or expenses which anse by reason of. 1. (a) Any law, ordinance orgovemmental regulation (including but not limited to building and zoning laws, ordinances, orregulatiotu) restricting, regulating, proWbitingorrelatinpto (i) the owupatx y, use, ur rnjoymcni ofthe land; (n) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change rn the dimensions or area of the land or any parcel of which the land is or was a Olt; or (iv) envirmimeiitai tnutection, or the efla-t of any violation of these laws, ordinances or geverrnaentaI 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 ggovernmental police power not excluded by (a) above, exceptto the exteatthata notice ofthe cxcmm thereof or a notice of a dcf ct, on or encumbrance resulting from a violation or alleged violation afieeting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice ofthe 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 Ira value without knowledge. .3. Defects, liens, encrmrbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not lmown to the Company, not recorded to the public records at Date of Policy; but Imownto the insured claimant and not disclosed in writing to the Company by the insured claimant poor to the date the insured claimant became an insured under this policy; (c) resulting in no loss or darnage to the insured claimant; d � attaching or created subsequent to Date ofpoliey (except to the extent that this policy mswes the priority ofthe Tien ofthe insured mortgage over any statutory lion for services, labor or material or to the extent insurance is afforded herein as to assessments for street iminovements under construction or completed at Date of Policy); or I W44A I 113 111,] (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. Trivalidity or unenforceability ofthe lien of the insuredmorfgage, or claim thereof, wdiich arises out of the transaction evidenced by the insured mortgage and is based upon usury of any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim ofpriority 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 ofthe indebtedness sceircd by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out ofthe transaction creating the interest of themaYgagee insured by this policy, by reason ofthe operation of federal banlouptcy, state insolvency, or similar creditors' ngbis taws, 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 ofthe interest of the insured mortgagee as a result ofthe application ofthe 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 judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (1047-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this polieyandthe 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 butnot limited to building and zoning laws, ordinances, orregulations) restricting, regulating prohibitingorrelafngto occupancy, use, or enjoyment ofthe land; (ii) the character, dimensions or location of any miprorement now or hereafter erected on the land; (iii) a separation in oivnashig or a change m the dimensions or area ofthe land or sly pazcei of which the land is or was a part;' or (iv) ettvirotunerual protection, or the effect of am violation of these Iaws, ordinances or governmental regulations except to the extent that a notice of tha enforcement thereof r a notice of a defect lien or encumbrance resulting from a violation or alleged violation a1Tec ling the land has been recorded in the public ree urcls at Date of Policy. (h) Amy governmental police power not excluded by (a) above, except to the exteatthata notice ofthe 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. Ri hts of emment domain uriless 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 pporror to the date the insured claimant became an insured under this policy, (c) resrting m 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. Any claim, which arises out of the transaction vesting in the insured the estate or interest imiired by this policy, by reason of the operation offedeml bankruptcy, state insolvency, or similar creditors' nghU laws, that is based on: (i) the transaction creating the estate or interesst 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 ttansfer, or (b) of such recordation to inipart notice to a purchaser for value or a judgement or lien creditor. The above ALTA policy forms, dated 10-17-92, may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusionsfrom CmIcrage, tboRla ptionsfmmCcvoragc in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVFY-kGE 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 tatting 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public author that levies taxes or assessments on real property or by the public records. records. Procee by a public agency which may result in taxes or assessments, ornotices cfsuch 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other proceedings, whether or not shown by the records ofsuch agency or by the public records. facts which a correct survey would disclose, and which are not shown by the public records, 2. Airy facts rights nterests or claims which are not shown by the public records but which 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts could be ascertained by an inspection of the land or which may be asserted by persons in authorizing the issuance thereof; (c) water rights, claims or title to water, whether ornotthe possession thereof. mait-- excepted under (a), (b) or (c) arc shown by the public records. Attachment One (11/17/04) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA IIOMEOWNEWS POLICY OF TITLE INSURANCE (10-27-03) 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. Landuse d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations orthe enforcement ofthese matters if natice ofthe 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 ofthe 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 ofthe taking EXHIBIT B 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 frost occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 9.d, 22, 2-1, 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 b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk I or 18. LIMLTATIONS ON CO VFALM RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15,16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Chu Maximum Dollar Limit of Liability Covered Risk 14: 1_00a/o of Policy Amount or $10,000.00 $ 2,500.00 (whichever is less) Covered Risk 15: 1_00% of Policy Amount or $ 25 00 $ 5.000.00 (whichever is less) Covered Risk 16: ]_00Y of Policy Amount or $ 25 000.00 $ 5,000.00 (whichever is less) Covered Risk IS: I_00% of Policy Amount $ 5 000.00 or $ 2.500.00 (whichever is less) ALTA EXPANDED COVERAGE RESIDENTLASI. LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are e%Wessly excludedfrom the coverage of this policyandthe Comparry 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 bit not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment ofthe Land; (ir) the character, dimensions or locationofany improvements now or hereafter erected on the Land; (in) a separation in ownership or a change in the dimensions or areas ofthe 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 therenf rir 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 extentthata notice of the exercise thereofor a notice of a defect, hhen or encumbrance resulting from a violation or allegedviolation affecting the Land has been recorded in the PublicRecords at Date of Policy. This exclusion does not limit the coverage providod under Coveted Risks 12, 13, 14, and 16 of this policy. 2. Rip�iis of eminent domain unless notice ofthe 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 ]nsured Claimant; (b) notKnown to the Company; not recorded m the Public Records at Date ofPolicy, but Knowv 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 (c) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unei¢brceability ofthe lien ofthe Insured Mortgage because ofthe inability orfaihre of the Insured at Date of Policy, or the inability or failure of any subsequent owner ofthe indebtedness, to comply with applicable doing business laws ofthe state inwhic tithe Land is situated. 5. Invalidity or unenforceability ofthe lien ofthe Insured Mortgage, or claim thereof; which arises out ofthe 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 arty governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit thecovcrage provided under Covered Risks 7, 8(e) and 26. 7. Airy claim of invalidity, imenforceability 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 ofthe estate or interest covered by fins policy. This exclusion does not limit the coverage provided in Covered Risk S. 8. Lack ofpriority ofthe lien ofthe Insured Mortgage as to each and every advance trade after Date cf policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title the exisitmw of which are Known to the Insimd at: (a) The time ofthe advance; or (h) The time a modification is made to the terms ofthe insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result ofthe modification than itwould have been before the modification. This exclusion doesnot limitthe coverage provided in Covered Risk 8. 9. The failure of the resnderttial 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 ofthe violationappears in the Public Records at Date of Policy. Attachment One (11/17/04) EXkllBIT B Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 V s 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 thoseentities, 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: Fidelity National Financial, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, FL 32204 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. Privacy Statement (privacy) (10/03) r I- 0 oFCcOaRr-TITLr= oCOMPANY,. PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Ticor Title Company of California 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 maybe sustained by reason ofany defec� lien or encumbrance notshown 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 and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One, Limitations on Covered Risks applicable to the aTA and ALTA Homeowners Policies of Title Insurance which e5tablish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also setfarth in Attachment One. Copies ofthe Policyforinsshould be read. They are available from the office which issued this report Thls report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of policy oftitie insurance and no liability is assumed hereby. If it is desired that liabilitybe 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 Chicago Title Insurance Company, a Missouri corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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, TlCOR TITLE COMPANY' OAF CAUFORMA 9Y 8" 4°aPoatj : �[��{yij� /��j /) _ Js F = t916 0 < : Ql • t ' �ffjy�/•[.f/jllti (� Pr wd. st SEAL. AnEST f '�arFaR � Secretary C—=2, Preliminary Report Form (11/17/04) 141sit Us on our Website; wwwoco; tide.com TICOR TITLE COMPANY" OF CALIFORNIA E)MIBIT B 20111 Stevens Creek Blvd., Suite 270 • Cupertino, CA 95014 408 253-6990 • FAX 408 253-3780 PRELIMINARY REPORT Title Officer: Sugar Searcy Title No.: 05-32160518-SS Escrow Officer: Wai Ling Chu Locate No.: CATT0732-0732-0051-0032160518 Escrow No.: 05-32160518-WC TO: Thomas Geisler 10201 Yoshino Place Cupertino, CA 95014 ATTN: 650-625-6190 PROPERTY ADDRESS: 10201 Yoshino Place, Cupertino, California SHORT TERM RATE: Yes EFFECTIVE DATE: October 19, 2005, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: ALTA Loan Policy (10/17/92) with ALTA Endorsement -Form 1 Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Thomas J. Geisler III and ]ennifer D. Geisler, husband and wife, as community property 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SS\SS 10/24/2005 i CLTA Preliminary Report Form (11/17/04) Title No. 05-32160518-SS Locate No. CATT0732-0732-0051-0032160518 LEGAL DESCRIPTION EXHIBIT B EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 16 of Tract No. 5821 in the City of Cupertino, County of Santa Clara, State of California, as shown on map filed Book 373, Page 32 of Maps, in the office of the County Recorder of said County. Excepting therefrom the underground water or rights thereto with no rights of surface entry as granted to San Jose Water Works, a California Corporation recorded on August 10,1976 in Book C201 of official records, page 659. Also excepting therefrom the underground water rights withno rights of surface entry to pump, take or otherwise extract water from the underground basin or any underground strata in the Santa Clara Valley for beneficial use upon the lands overlying said underground basin as granted to the City of Cupertino, recorded October 15, 1976 in Book C348 of Official Records, page 673. APN:375-03-021 CLTA Preliminary Report Form (11/17/04) Title No. 05-32160518-55 Locate No. CATf0732-0732-0051-0032160518 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: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2005-2006, Assessor's Parcel Number 375-03-021. Code Area Number: 13-003 1st Installment: $3,070.03 Open 2nd Installment: $3,070.03 Open Land: $359,899.00 Improvements: $152,394.00 Exemption: $7,000.00 Personal Property: None Tracer No.: EXHIBIT B 2. 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. 3. Covenants, conditions and restrictions in the declaration of restrictions but omitting any covenant or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recorded: October 5, 1976, Instrument No. 5430580, Book C324, Page 532, of Official Records Liens and charges for upkeep and maintenance as set forth in the above mentioned declaration, payable to Brookdale Estates Homeowners Association. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of a first mortgage or first deed of trust made in good faith and for value. If you should request a copy of the document referred to above, the California Government Code Section 12956.1 requires that a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover page or stamp on the first page of the previously recorded document or documents stating, in at least 14-point boldface type, 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. 4. The herein referred to property appears to be free and clear of any deeds of trust or mortgages. Please confirm if this is the case. END OF ITEMS CLTA Preliminary Report Form (11/17/04) Title No. 05-32160518-SS Locate No. CATT0732-0732-0051-00VMIBIT B Note 1. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 2. 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 10201 Yoshino Place, Cupertino, California to an Extended Coverage Loan Policy. Note 3. The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the herein described property. Note 4. Wiring instructions for Ticor Title Company of California, Cupertino, CA, are as follows: Receiving Bank: ABA Routing No.: Credit Account Name: Credit Account No.: Escrow No.: Bank of the West 1977 Saturn Street Monterey Park, CA 91755 121100782 Cupertino 847043916 05-32160518-WC These wiring instructions are for this specific transaction involving the Title Department of the Cupertino office of Ticor Title Company of California. These instructions therefore should not be used in other transactions without first verifying the information with our accounting departrnent. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note S. 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 entitys 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 funding should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 6. The charge where an order is canceled 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 canceled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 7. 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. CLTA Preliminary Report Form (11117/04) NOTES: (continued) Title No. 05-32160518-SS Locate No.CATT0732-0732-0051-0032160518 EMIBITB CLTA Preliminary Report Form (11/17/04) EXHIBIT B 6� 138� , r o O op I -1 r o O F N w r� ar a kA o ; m D q A a z 1� i A � T --^--• � 37313 85 _ n ao.oBT sa 62 (1� r m iq "fo I 3t I` 1 a Z r � 0 a 4f ra � p l ro Z g8 30 o q 34 --- fMJO /61<d f to sf Iv I fw ,f �f ^ice ---- m ul 1ZW L vial A V E. —... FINCH -. m (FMLY_ MILLER AVE.) =a � asoT cr _ v v�� ATTACHMENT ONE 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 ppoower, 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 mailers which appear in the public records at policy date. This exclusion does not limit the znnmg coverage described in Ttems 12 and 13 of'(',civered 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 ifyou bought the land without lmowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. A�rights,interests, orclaims ofparties-inpossession ofthe land not shown bythe public 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. EXHIBIT B Title Risks: • that are created, allowed, or agreed to by you • that are (mown 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 Failure to pay value for your title. 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. 3. Any facts about the land which a correct survey would disclose and which arenot 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 ornot shown by thepublic 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 arse by reason of: I. (a) Any law, ordinance or governmental regulation (including butnot limited to building anzunang lass, ordinances. orregulations) resticting regulating, prohibiting or relating (i) the occupancy, use, or enlayrhent ofthe land; (u; the character, dimensions or location of arty improvement now or }iereatier erected on the ]and; (iii) a separation in rnvneiship or a change m the dimcoar. or arcs ofthc land or airy parcel of which the land is or was a part; or (rv) environmental protecion, or the effect of am violation of these laws, ordinances or governmental regulations except to the etitent that a notice of the enforcement thereof or a not ce of a defect lien or encumbrance resulting from a vielatice nr 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 thata notice ofthe exercise thereof or a notice of a defect, hen 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 ofthe 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, eneumbraucca, 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 ofPolicy, 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 ar damage to the insured claimant; ( 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 insuredbythis policy. 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 ofthe state in which the land is situated Invalidity or unenforceability ofthe lien of the insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending lawn. Anv clainh, which arises out ofthe transactionvestng in the insured the estate or interest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe 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 Lusts, attorneys' fees ur expenses) which arise by reason of: PART 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, crnotices cfsuch 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 thc 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, andwhich arenot shown bythepubhcrecords. 5. (a) Unpatentedmining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether ornotthc matters excepted wider (a), (b), or (c) are shown by the public records. Attaehmetrt One (11/17/04) ATTACHMENT ONE (CONTiNI=) AMERICAN 1 AIND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excludedfrom the coverage ofthis policyandthe Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance orgovemmentat regulation (including but not limited to building and zoning laws; ordinances, orregolations) restricting, regulating, protubuingorrelatingto (i) the occupancy, use, or enjoyment ofthe 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 ofthe 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 ofa 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 extern thata notice ofthe exorcise thorcof or a notco ofa defect, bon or encumbrance resulting from a violation or alleged violation alfixting the land has been recorded in the public records at Date of Policy. 2. Rights of emment domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occured prior to Date ofPolicy which would be binding on the rights of it purchases for value without knowledge. 3. Defects, liens, encunbr races, adverse claims, or other matters: (a) created, suffixed, assumed or agreed to by the insred claimant; (b) notknown to the Company, not recorded in the public records atDate ofPolicy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant pprinor to the date the insured claimant became an insured tinder this policy, (c)) resulting in nc loss or damage to the insured claimant; (d) attaching or created subsequent to Date cfPoliey (except to the extent that this policy insures the priority ofthe lien ofthe insured mortgage over any statutory lien for services, labor or material or to the extent insurance is aff, herein as to assessments for street improvements under construction or completed at Date of Policy); or IWA I's LU !B (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 ofthe lien ofthe insured mortgage because ofthe 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 unenforceabitity ofthe lien of the insured mortgage, or claim thereof, which arises out ofthe transaction evidencedby 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 ofpriority 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 ofthe indebtedness secured by the insured mortgage which at Date cf Policy the insured has advanced or is obligated to advance. 7. Anv claim which arises out of the transaction creating the interest ofthe mortgagee insured by ihis policy, by reason ofthe operation of federal bankruptcy, state insolvency, orsimil creditors' nEg is laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a audulent conveyance or fraudulent transfer, or (ii) the subordination of the interest ofthe insured mortgagee as a result ofthe application ofthe doctrine ofequitable 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 judgement or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (1047-97) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the CompatV will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1. (a) Any law, ordinance orgovenunenial regulation (including butnot limited to building and zoning laws, ordinances, orregulations) restricting, regulating, prohibitmgorrelatingto (i) the occupancy, use, or enjoyment ofthe land (ii}the character, dimensions or location of any improvement now or hereafter erected onthe land; (iii) a separation in ownership or a change in the dimensions or area of the land or atry parcel of w}uch the land is or was a part; or (iv) environmental l prot on. the Affect of arr violation of these laws, ordinances or r exec to the extent that a notice of the enforcement thereof or a notice ofa defect, lien or encumbrance resulting from aviolation or alleged violation affecting (he 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 extentthata notice ofthe exercise thereof or a notice ofa 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. bights of envnent 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 winch has occurred prior to Date of Policy which would be binding on the rights ofa 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 ofPolicv, or in resulting loss or damage which would not wave been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Arry claim which arises out ofthe transaction vesting in the insured the estate or interest insured by this policy, by reason oftbe operation offederal bankruptcy, state insolvency, or similar creditors' rights Lams, 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 oftransfer; or (b) of such recordation to impart notice to a purchaser forvalue or a judgement or lien creditor. The above ALTA policy forms, dated 10-17-92, may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions&omCoverage m 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 winch are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices cfsuch 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 pu c records but which could be ascertained by an inspection ofthe 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 suneywould disclose, and which are not shown by the public reaxds_ 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, wherberornotthe matters excepted under (a), (b) or (c) arc shown by the public records. Attachment One (11/17/04) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA IOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resultingfrom: 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 f. environmental protection This Exclusion does not apply to violations or the enforcement ofthese matters if notice ofthe 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 it notice ofthe 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 h. the taking happened before the policy Date and is binding on You if You bought the Land without Knowing ofthe taking EXHIBIT B 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 Datc, 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 fast occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 231, 24 or 25. 5 Failure to pay value for Your Title. 6. Lack ofa 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 14, 15,16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit cf Liability Covered Risk 14: 1_00 % of Policy Amount or $ M000.00 $ 2,500.00 (whichever is less) Covered Risk 15: 1_00%of Policy Amount or $ 25,000.W $ 5,000.00 (whichever is less) Covered Risk 16: 1_0094 of Policy Amount or $ 25,000.00 $ 5,000.00 (whichever is less) Covered Risk 18: 1_OOa/ of policy Amount $ 5.000.00 or $ 2,5pp.00 (whichever is less) ALTA EXPANDED COVEILIGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excludedfrom the coverage of this policyandthe Comparry will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (includingbut not limited to zoning - laws, ordinances, or regulations) restricting regulating, prohibiting or relating to (i) the occupancy, use, or enic5anent ofthe Land; (ir) the character, dimensions or locationofany improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the now or areas of the Land or arty parcel of which the Land is or was a part; or (iv) environmental rote Minn or the a Oct of anv violation of these laws, or manes or governmental regulations, except to the extent that a notice of the enforcement therenf or a notice of a defect, lien or encumbrance resulting from a violation or allegedviolation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not l nit the coverage provided under CoveredRisks 12,13, 14, and 16 of this policy. (b) Any ental police power not excluded by (a) above, except to the extent that a nonce of a exercise Thereof Ora notice of a defect, lien or encumbrance resulting from a violation cr allegedviolation affecting the Land has been recorded in the PublicReconis at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13,14, and 16 ofthis 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 pjmuce to Date of Policy which would be binding on the rights of a purchaser for value wiL Knowledge 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assuned or agreed to by, the insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date ofPoficy, but Known to the Insured Claimant and not disclosed in writing to the Companybythe 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 (c) resulting in loss or damage which would not have been sustained if the hsured Claimant had paid value fbr the Insured Mortgage. 4. Unertforceability ofthe lien ofthe Insured Mortgage because ofthe inability orfailure of the Insured at Date of Policy, or the inability or failure of any subsequent owner ofthe indebtedness, to comply with applicable doing business laws ofthe state inwhichthe Land is situated. S. Invalidity or uunenfotceability ofthe lien ofthe Insured Mortgage, or claim thereof; which arises curt ofthe 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 lendmglaw. 6. Real property taxes or assessments of anygovemmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not funit die coverage provided warder Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceabiiity or lack of priority of the lien of the Insured Mortgage as to advances or modifications made afar the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner ofthe estate or interest coveredby this policy. This exclusion does not limit the coverage provided in Covered Risk S. 8. Lack ofpriority ofthe lien ofthe Insured Mortgage as to each and evety advance made ater Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affic ing the title, the existence of which are Known to the h=rcd at: (a) The time ofthe advance; or (h) The time a modification is made to the terms ofthe InsinedMortgage which changes the rate of interest charged, if the rate of interest is greater as a result ofthe modification than it would have been beforethe modification. This exclusion doesnothrunthecoverage 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 ofthe violationappeais in the Public Records at Date of Policy. Attachment One (11/17104) EXHIBITB Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount. Effective through November 1, 2014 EXHIBIT B 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'D, 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 envies, 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 ofinterest. 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: Fidelity National Financial, Inc. Privacy Compliance Officer 601 Riverside Avenue Jacksonville, FL 32204 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. Privacy Statement (privacy) (10/03)