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LLA-John D. And Susan C. Wahler, Santa Paula Ave and Mira Vista Ave, APNs: 357-04-002 and 357-04-024RECORDING 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 111111111111111111111111l REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Financial Title Company Pages: 25 Fees.... No Fees Taxes... Copies.. AMT PAID RDE # 012 12/04/2007 8:00 AM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOTLINE ADJUSTMENT John D. Wahler and Susan C. Wahler, husband and wife as joint tenants APN: 357-04-002 and 357-04-024 [4)riginai ❑For Fast Endorsement LOT LINE ADJUSTMENT Property Owners: John D. Wahler and Susan C. Wahler, husband and wife as joint tenants 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 357-04-002 and APN 357-04-024 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 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from that specified on the preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation of the grant deed conveying the real property in conformity to Exhibit "A". Approved this day of X W , 2(07 Ralph A. Qualls Jr. CITY ENGINEER CITY OF CUPERTINO C.E. # 22046 Y CALIFORNIA•ACKNOWLEDGMENT T. .-Ti'.�S 4aC SC.. c .. Cam.. >•> SS.>` ... C 2 4s�..'v.•1 1t.,.a..�•,..�i.1SC.Ta State of California County of 's>a 6t na Ir o On �(��. �� ,�tJ�-1 before me, ('2f) 3ero 0e- —UL1�(I ✓I INU -PUb)IC Date Name and Tittle of Officer (e.g., "Jane Doe, Notary Public") ' personally appeared �G' l A . abet 1 1 15 ,�I� Q"personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the personWwhose names/subscribed to the ^ ism sER� -6 within instrument and acknowledged to me that S #E 1615449 r he/sha4h jt executed the same In his/hefAh& authorized i NOOry RAft - cowmillo y capacityoa&s , and that by his/tom signatures} -on the 30 tO Qua Count1► instrument the person(&), or the entity upon behalf of t�COMM' ExWro•NOv9.2 which the person(&}acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature �,� 1 �7�I 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. tt Description of Attached Document (a AN 3�1 - d`4 —G0� Title or Type of Document: i__0+1 i (I-P- A4 U54-~4- APN35-1 - Oy -ba L_j Document Date: ? V M )ROD-77 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .. of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER .p of thumb here 0 2006 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT A REVISED 11-14-07 LOT LINE ADJUSTMENT ,OBIT �� �,� �' ; I OPMI 15' R/W 5571 OR 163 20 � 2 0' 15' N89°53'00 100.12'-,I N89°53'00>_'W 100.12' SCALE: 1" = 50N89°53'00"W 115.12' 'i 85.00' N o PARCEL B Q0 10,141.27SQ.FT. L � N �I �0 oI S89°53'00"E 40.1 o I o y� N O Ln Ln o 0 CD N89°53'00'W w ` - 75.00' _ _ I 0 PARCEL TO BE TRANSFERRED y 000 I FROM PARCEL B TO PARCEL A o 0 LL_0 N89°53'00"W 40.12' N 0 Q cn 0 z W 0 N z 0� �0 to 0P < ClI0 I CD � I I 85.00' - N89°53'00' W SANTA PAULA AVENUE 0 NOTE: THE BOUNDARY INFORMATION FOR THIS PLAT WAS OBTAINED Q4• FROM THE RECORD OF SURVEY RECORDED IN BOOK w No. 20597 222 OF MAPS AT PAGE 48, SANTA CLARA COUNTY+c RECORDS r L'M1./ EXHIBITA EXHIBIT A Parcel A prior to Lot Line Adjustment All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Parcel `A' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records. Containing 4,017 square feet more or less. EXHIBITA EXHIBIT A Parcel Transferred from Parcel B to Parcel A All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest corner of Parcel `A' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records; thence proceeding along the West boundary of said Parcel `A' 100.12 feet to the TRUE POINT of BEGINNING; thence along the projection of said West boundary of Parcel `A' NO°07'00"E 34.51 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue S89053'00"E 40.12 feet; thence parallel to said projection of the West boundary of Parcel `A' S0007'00"W 34.51 feet to the North boundary of the aforementioned Parcel `A'; thence along said North boundary N89053'00"W 40.12 feet to the point of TRUE POINT of BEGINNING. Containing 1,385 square feet more or less and consisting of a portion of Parcel `B' as shown on the above mentioned Map. Revised 11-14-07 EXHIBITA EXHIBIT A Parcel A after Lot Line Adjustment All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Parcel Was show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records. Together with the following described Parcel: BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest corner of Parcel `A' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records; thence proceeding along the West boundary of said Parcel `A' 100.12 feet to the TRUE POINT of BEGINNING; thence along the projection of said West boundary of Parcel `A' N0007'00"E 34.51 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue S89053'00"E 40.12 feet; thence parallel to said projection of the West boundary of Parcel `A' S0007'00"W 34.51 feet to the North boundary of the aforementioned Parcel `A'; thence along said North boundary N89053'00"W 40.12 feet to the point of TRUE POINT of BEGINNING. Containing 5,401 square feet more or less and consisting of all of Parcel `A' and a portion of Parcel `B' as shown on the above mentioned Map. Revised 11-14-07 EXHIBITA EXHIBIT A Parcel B prior to Lot Line Adjustment All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: PARCEL ONE: Parcel `B' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records. Containing 11,526 square feet more or less. PARCEL TWO AN EASEMENT for ingress and egress over a strip of land 15.00 feet in width, the Southerly line of which is described as follows: BEGINNING at the point of intersection of the dividing line between Lots 9 and 28 in the Westerly line of McClellan Road, as said Lots and Road are shown upon that certain Map entitled "Map of Los Palmos Manta Vista" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps at page 17; thence from said point of beginning N89053'W along said dividing line between Lots 9 and 28 for a distance of 100.12 feet and the terminus of said easement. Said easement is appurtenant to and for the benefit of that certain tract of land described in the deed from Alice R. Thatcher as her separate property to Frank R. Gamba and Phyllis A. Gamba, his wife, as joint tenants, dated April 20, 1962 and recorded May 11, 1962 in Book 5571 Official Records County of Santa Clara at page 155, Recorder's Series Number 2190825. Revised 11-14-07 �No. 20597 CIVIL EXHIBIT A EXHIBIT A Parcel B after Lot Line Adjustment All of that certain property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: PARCEL ONE: Parcel `B' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records. Excepting therefrom the following described Parcel: BEGINNING at an iron pipe in the North boundary of Santa Paula Avenue, 40 feet wide, said pipe also being the Southwest corner of Parcel 'A' as show on the Record of Survey recorded in Book 222 of Maps at page 48, Santa Clara County records; thence proceeding along the West boundary of said Parcel `A' 100.12 feet to the TRUE POINT of BEGINNING; thence along the projection of said West boundary of Parcel `A' N0007'00"E 34.51 feet; thence leaving said boundary and proceeding parallel to said North boundary of Santa Paula Avenue S89053'00"E 40.12 feet; thence parallel to said projection of the West boundary of Parcel `A' S0007'00"W 34.51 feet to the North boundary of the aforementioned Parcel `A'; thence along said North boundary N89053'00"W 40.12 feet to the point of TRUE POINT of BEGINNING. Containing 10,141 square feet more or less and consisting of a portion of Parcel `B' as shown on the above mentioned Map. PARCEL TWO AN EASEMENT for ingress and egress over a strip of land 15.00 feet in width, the Southerly line of which is described as follows: BEGINNING at the point of intersection of the dividing line between Lots 9 and 28 in the Westerly line of McClellan Road, as said Lots and Road are shown upon that certain Map entitled "Map of Los Palmos Monta Vista" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps at page 17, thence from said point of beginning N89053'W along said dividing line between Lots 9 and 28 for a distance of 100.12 feet and the terminus of said easement. Said easement is appurtenant to and for the benefit of that certain tract of land described in the deed from Alice R. Thatcher as her separate property to Frank R. Gamba and Phyllis A. Gamba, his wife, as joint tenants, dated April 20, 1962 and recorded May 11, 1962 in Book 5571 Official Records County of Santa Clara at page 155, Recorder's Series Number 2190825. Revised 11-14-07 TIT L E CO M P A N Y FINANCI L PRELIMINARY REPORT Ventura Barnett Attn: Rich Williams 54 N. Central Ave. Campbell, CA 95008 Property Address: 22331 Santa Paula Avenue Cupertino, CA 95014 EXHIBIT B Branch: 236 N. Santa Cruz Avenue #100 Los Gatos, CA 95030 Phone: (408) 395-7077 Fax: (408) 395-3502 Contact: Carole Lee/erp /lea Escrow Contact: Order Number: 41198958-284-CLE Other Reference: Buyer/Borrower: n response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: Eagle Owner's and ALTA Lender's Policy Dated as of October 25, 2007 at 7:30 a.m. 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: JOHN D. WAHLER AND SUSAN C. WHALER, HUSBAND AND WIFE AS JOINT TENANTS Page No. 2 Order No. 41198958-284-CLE LEGAL DESCRIPTION The land referred to in this Report is described as follows: EXHIBIT B All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: Parcel A as shown upon that Record of Survey, which Map was filed May 25, 1967, in Book 222 of Maps, Page 48. APN: 357-04-002 ARB: 357-4-2 Page No. 3 Order No. 41198958-284-CLE EXHIBIT B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be as follows: EXCEPTIONS: 2 3 11 wi 6. General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $999.17 Open Second Installment: $999,17 Open Tax Rate Area: 13-009 A. P. No.: 357-04-002 The lien of special tax for the following community facilities district, which tax is collected with the county taxes. District: 850 County Library Fiscal Year: 2007-2008 Amount: $33.66 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. The terms and provisions contained in the document entitled "Hold Harmless Agreement" recorded October 28, 1988 as in Book K736, Page 306 Series No. 9890014 of Official Records. The terms and provisions contained in the document entitled "Resolution No. 6872 (Lot Line Adjustment)" recorded May 23, 2007 as 19441292 of Official Records. The requirement that a Deed be recorded to perfect said Lot Line Adjustment An easement for public utilities and incidental purposes in the document recorded May 23, 2007 as Series No. 19441292 of Official Records. Said document also discloses a 10 feet dedication for right of way A deed of trust to secure an original indebtedness of $306,000.00 recorded May 23, 2007 as Series No. 19441293 of Official Records. Dated: May 8, 2007 Trustor: John D. Wahler and Susan C. Wahler, husband and wife Trustee: Fidelity National Title Insurance Company Beneficiary: Wells Fargo Bank, N. A., a national association Affects a portion of said land and other property Page No. ,4 Order No. 41198958-284-CLE B EXHIBIT NOTES: Privacy Promise For Customers We will not reveal non-public personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Occasionally, due to certain market conditions, it may not be possible to deliver policies of title insurance in a time frame that our clients request. Should you have individual needs please contact the title operation that issued this report. We recognize, appreciate and understand your needs. a. STR applies: Yes b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. C. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub - escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. Our investigation has been completed and the improvements located on the land described herein is a single family residence known as 22331 Santa Paula Avenue, Cupertino, CA 95014. At the close of escrow, an ALTA Lenders Policy of Title Insurance will be issued with 100 and 116 series Endorsements. f. If the land is an improved residential lot on which there is located a one -to -four family residence and each insured buyer is a natural person, and unless otherwise directed, we will issue the extended coverage CLTA Homeowners Policy of Title Insurance (6/2/98). g. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None. h. Note: The legal description of this property indicates a survey monument preservation fee of $10.00 may be collected by the County Recorder on the recordation of a Grant Deed. Please consider this in your closing. EXHIBIT A EXHIBIT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CLTA Preliminary Report Form (Rev. 6/98) CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM - 1990 AND CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY - EAGLE (6/2/98) EXCLUSIONS FROM COVERAGE 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 of violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. 4. Risks: a. that are created, allowed or agreed to by you, whether or not they appear in the Public Records; b. that are known to you at the Policy Date, but not to us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to you; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25. 5. Failure to pay value for your title. 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 11 or 18. 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 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: l . (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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. EXHIBIT "A" - CONTINUED EXHIBIT B 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 3. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) are shown by the public records. ]F ]I INA IN(C ]I EXHIBIT B TITL E CO M P A N Y Notice of Opportunity to Earn Interest You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds into an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender.) If you elect to earn interest, there is an additional fee in the amount of $50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%* per annum for a 30 day period: Deposit x Rate — Annual x Days = Total Interest Earned $1,000.00 x .03 — 360 x 30 = $2.50 PLEASE READ THE FOLLOWING CAREFULLY: A. If you do not want to have your funds deposited into an interest bearing account, please initial this paragraph and return this Notice and such will constitute an instruction to us that your funds be deposited into Financial Title Company's general escrow account. Likewise, non -receipt of this form will also constitute an instruction to us that your funds be deposited into Financial Title Company's general escrow account. For important information regarding the general escrow accounts, please read the disclosure in Paragraph C below. Initials: B. If you elect to have your funds earn interest in an interest bearing account using Financial Title Company's depository bank, you MUST sign this form, below, and return to Financial Title Company. In addition, you will also need to execute a W-9 and Interest Bearing Account Authorization form, which you can obtain by requesting from your Financial Title �ompany representative. Please Note — all aforementioned forms are required in our possession before your account can be opened and any interest can be accrued. Please be advised that you will be responsible for reporting all earnings to the applicable taxing authorities. C. Should you not elect to earn interest on your deposit, your funds will be deposited into our general escrow account at a financial institution insured by the FDIC. The general escrow account is restricted and protected against claims by third parties or creditors of Financial Title Company. This is a non -interest bearing account; however, Financial Title Company, may receive certain financial benefits from that financial institution because of the general escrow account and its on -going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Financial Title Company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Financial Title Company. Any such benefits shall be deemed additional compensation of Financial Title Company for its services in connection with the escrow. ELECTION TO EARN INTEREST: I HEREBY AUTHORIZE AND DIRECT FINANCIAL TITLE COMPANY TO OPEN AN INTEREST BEARING ACCOUNT AT FINANCIAL TITLE COMPANY'S DEPOSITORY BANK AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. SIGNATURE: DATE: SIGNATURE: DATE: * Please note that this interest rate is only an example and Financial Title Company does not guaranty the availability of .any specific rate. Dated: October 31, 2007 Escrow No.: 41198958-284-CLE i � a XI O a 68� J > �� W e�a )IN3ms—� _ O _ �I NI — 3nN3Ad a °_t arse aroo, xroo, :rso 9 l/ L 0 L O , 4 I i lozLu - a '�--------1 I t NI = a N� Z i �' �-•s ... zro, ^� N Ir N Qi NI os:m NI N a NI �I g w - N avow -- - - -- g_j IJ �i-a --- w V1SIG O�tld hl = of ml I Q a j I N O U >yt�p ✓) A cr�41 o y$ch co 17 0 IIL" 3� -- SN3n31S - MIA llWj)--111H1003 •S Q Description: Santa Ciara, CA Assessor Map 357.4 Page: 1 of 1 Order., edna Comment: Ventura Barnett Attn: Rich Williams 54 N. Central Ave. Campbell, CA 95008 Property Address: APN 357-04-024 Cupertino, CA 95014 FINANCI L TITLE COMPANY PRELIMINARY REPORT AMENDED EXHIBIT B Branch: 236 N. Santa Cruz Avenue #100 Los Gatos, CA 95030 Phone: (408) 395-7077 Fax: (408) 395-3502 Contact: Carole Lee/erp /Ica Escrow Contact: Order Number: 41198951-284-CLE Other Reference: Buyer/Borrower: ,n response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: Eagle Owner's and ALTA Lender's Policy Dated as of October 25, 2007 at 7:30 a.m. 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: JOHN D. WAHLER AND SUSAN C. WAHLER, HUSBAND AND WIFE AS JOINT TENANTS EXHIBIT B Page No. 2 Order No. 41198951-284-CLE LEGAL DESCRIPTION The land referred to in this Report is described as follows: All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE: Parcel B, as shown upon that Record of Survey, which map was filed May 25, 1967, in Book 222 of Maps, Page 48. PARCEL TWO: AN EASEMENT for ingress and egress over a strip of land 15.00 feet in width, the Southerly line of which is described as follows: BEGINNING at the point of intersection of the dividing line between Lots 9 and 28 in the Westerly line of McClellan Road, as said Lots and Road are shown upon that certain Map entitled, "Map of Las Palmos Morita Vista" which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 in Book P of Maps, at page 17; thence from said point of beginning North 89' 53' West along said dividing line between Lots 9 and 28 for a distance of 100.12 feet and the terminus of said easement, said easement is appurtenant to and for the benefit of that certain tract of land described in the deed from Alice R. Thatcher as her separate property to Frank R. Gamba and Phyllis A. Gamba, his wife, as joint tenants, dated April 20th 1962 and recorded May llth 1962 in Book 5571 Official Records Page 155, Recorder's Series Number 2190825. APN: 357-04-024 ARB: 357-4-24 Page No. 3 Order No. 41198951-284-CLE EXHIBIT B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be as follows: EXCEPTIONS: General and special taxes and assessments for the fiscal year 2007-2008. First Installment: $355.00 Open Second Installment: $355.00 Open Tax Rate Area: 13-009 A. P. No.: 357-04-024 The lien of special tax for the following community facilities district, which tax is collected with the county taxes. District: 850 County Library Fiscal Year: 2007-2008 Amount: $33.66 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The terms and provisions contained in the document entitled "Hold Harmless Agreement" recorded October 28, 1988 as in Book K736, Page 306 of Official Records. 4. The terms and provisions contained in the document entitled "Resolution No. 6872 (Lot Line Agreement)" recorded May 23, 2007 as Series No. 19441292 of Official Records. The requirement that a Deed be recorded to perfect said Lot Line Adjustment 5. An easement for public utilities and incidental purposes in the document recorded May 23, 2007 as Series No. 19441292 of Official Records. 6. A deed of trust to secure an original indebtedness of $306,000.00 recorded May 23, 2007 as Series No. 19441293 of Official Records. Dated: May 8, 2007 Trustor: John D. Wahler and Susan C. Wahler, husband and wife Trustee: Fidelity National Title Insurance Company Beneficiary: Wells Fargo Bank, N. A. Affects a portion of said land and other property Page No. 4 Order No. 41198951-284-CLE EXHIBIT NOTES: Privacy Promise For Customers We will not reveal non-public personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Occasionally, due to certain market conditions, it may not be possible to deliver policies of title insurance in a time frame that our clients request. Should you have individual needs please contact the title operation that issued this report. We recognize, appreciate and understand your needs. a. STR applies: Yes b. This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. C. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub - escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. e. Our investigation has been completed and the improvements located on the land described herein is a Vacant Land known as APN 357-04-024, Cupertino, CA 95014. At the close of escrow, an ALTA Lenders Policy of Title Insurance will be issued with 100 and 116 series Endorsements. f. If the land is an improved residential lot on which there is located a one -to -four family residence and each insured buyer is a natural person, and unless otherwise directed, we will issue the extended coverage CLTA Homeowners Policy of Title Insurance (6/2/98). g. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None. h. Note: The legal description of this property indicates a survey monument preservation fee of $10.00 may be collected by the County Recorder on the recordation of a Grant Deed. Please consider this in your closing. EXHIBIT AA"" EXHIBIT B LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CLTA Preliminary Report Form (Rev. 6/98) CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY FORM - 1990 AND CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY - EAGLE (6/2/98) EXCLUSIONS FROM COVERAGE In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: l . Governmental police power, and the existence of violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on you if you bought the land without knowing of the taking. 4. Risks: a. that are created, allowed or agreed to by you, whether or not they appear in the Public Records; b. that are known to you at the Policy Date, but not to us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to you; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24, or 25. 5. Failure to pay value for your title. 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 I or 18. 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 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, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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. EXHIBIT "A" - CONTINUED EXHIBIT B 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured, by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 3. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 4. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 5. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) are shown by the public records. IFIHNANVI EXHIBIT B TITLE COMPANY Notice of Opportunity to Earn Interest You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds into an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender.) If you elect to earn interest, there is an additional fee in the amount of $50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%* per annum for a 30 day period: Deposit x Rate - Annual x Days = Total Interest Earned $1,000.00 x .03 — 360 x 30 = $2.50 PLEASE READ THE FOLLOWING CAREFULLY: A. If you do not want to have your funds deposited into an interest bearing account, please initial this paragraph and return this Notice and such will constitute an instruction to us that your funds be deposited into Financial Title Company's general escrow account. Likewise, non -receipt of this form will also constitute an instruction to us that your funds be deposited into Financial Title Company's general escrow account. For important information regarding the general escrow accounts, please read the disclosure in Paragraph C below. Initials: B. If you elect to have your funds earn interest in an interest bearing account using Financial Title Company's depository bank, you MUST sign this form, below, and return to Financial Title Company. In addition, you will also need to execute a W-9 and Interest Bearing Account Authorization form, which you can obtain by requesting from your Financial Title company representative. Please Note — all aforementioned forms are required in our possession before your account can be opened and any interest can be accrued. Please be advised that you will be responsible for reporting all earnings to the applicable taxing authorities. C. Should you not elect to earn interest on your deposit, your funds will be deposited into our general escrow account at a financial institution insured by the FDIC. The general escrow account is restricted and protected against claims by third parties or creditors of Financial Title Company. This is a non -interest bearing account; however, Financial Title Company, may receive certain financial benefits from that financial institution because of the general escrow account and its on -going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to Financial Title Company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by Financial Title Company. Any such benefits shall be deemed additional compensation of Financial Title Company for its services in connection with the escrow. ELECTION TO EARN INTEREST: I HEREBY AUTHORIZE AND DIRECT FINANCIAL TITLE COMPANY TO OPEN AN INTEREST BEARING ACCOUNT AT FINANCIAL TITLE COMPANY'S DEPOSITORY BANK AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. SIGNATURE: DATE: SIGNATURE: DATE: * Please note that this interest rate is only an example and Financial Title Company does not guaranty the availability of any specific rate. 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