LLA-Moxley Properties-Cupertino and Mark R. Santoro, 21949 & 21951 Lindy Ln, APNS: 356-25-016, 356-25-017RECORDING 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: 17410140
IWIWI��IVi�IM!V�i'�I�i�l�lFees ....
TaxesCop i ...
,
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Stewart Title of California
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
Pages: 34
* No Fees
LOTLINE ADJUSTMENT, MOXLEY PROPERTIES-CUPERTINO, A CALIFORNIA
LIMITED PARTNERSHIP, (PARCEL 1), APN 356-25-016, 21949 LINDY LANE, AND
MARK R. SANTORO, AN UNMARRIED MAN, (PARCEL 2), APN 356-25-017,
21951 LINDY LANE
Original
For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owners: Moxley Properties -Cupertino, a California Limited Partnership, (Parcel 1),
APN 356-25-016, 21949 Lindy Lane, and Mark R. Santoro, an Unmarried
Man, (Parcel 2), APN 356-25-017, 21951 Lindy Lane
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 Parcels 1 and 2, 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 101h day of September , 2003.
GLENN W. GOEPFERT
CITY ENGINEER
CITY OF CUPERTINO
�� _ �.r•�
Existing Parcel No.l
All that real property situate ion the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Beginning at an iron pipe set at the intersection of the center line of Lindy
Lane with the section line between Sections 22 and 23, Township 7 South, Range 2
West, Mount Diablo Base and Meridian; thence along the center line of Lindy
Lane, the following courses and distances: North 50 Degrees 46 Minutes East,
146.51 feet to a -% inch iron pipe; thence North 83 Degrees 57 minutes East,
213.25 feet to a -'k- inch iron pipe; thence North 60 Degrees 31 Minutes East,
105.02 feet to a -3-4 inch iron pipe; and thence North 88 Degrees 39 Minutes East,
236.15 feet to a railroad spike at the true point of beginning of this
description; thence from said true point of beginning leaving Lindy Lane and
running along the center line of a 20 foot driveway the following courses and
distances: North 60 Degrees 16 Minutes West, a distance of 318.27 feet to a 3/4
inch iron pipe; thence North 67 Degrees 32 Minutes West a distance of 96.06
feet to a 3, inch iron pipe; thence North 24 Degrees 17 Minutes East a distance
of 166.17 feet to a point from shich the iron pipe bears North 89 Degrees 50
Minutes West 19.64 feet; thence leaving said 20 foot driveway South 89 Degrees
50 Minutes East a distance of 251.12 feet to an iron pipe; thence South 00
Degrees 10 Minutes West a distance of 234.39 feet to an iron pipe; thence South
22 Degrees 40 Minutes East a distance of 120.25 feet to the true point of
beginning, being a portion of the Southeast Quarter of Section 23, township 7
South, Range 2 West, Mount Diablo Base and Meridian, and also being a portion of
the 1.647 acre parcel of land delineated upon the Map of Record of Survey
thereof, on file in the office of the Recorder of the County of Santa Clara,
State of California, in Book 77 of Maps at Page 28.
Containing 1.613 acres more or less.
No. 4953
Expires 12/31/05
I I -
Existing Parcel No. 2
All that real property situate ion the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Beginning at an iron pipe set at the intersection of the center line of Lindy
Lane with the section line between Sections 22 and 23, Township 7 South, Range 2
West, Mount Diablo Base and Meridian; thence leaving Lindy Lane and running
along a fence North 1 Degree 19 Minutes East, 284.66 feet to an iron pipe which
is 5.29 feet easterly at right angles from said Section line between said
Sections 22 and 23; thence leaving said fence North 73 Degrees 41 Minutes East,
293.17 feet to an iron pipe; thence North 17 Degrees 50 Minutes East, 159.23
feet to an iron pipe at the true point of beginning of this description; thence
from said true point of beginning North 00 Degrees 10 Minutes East a distance of
235.19 feet to an iron pipe; thence S 89 Degrees 50 Minutes East a distance of
317.40 feet to an iron pipe; thence South 00 Degrees 10 Minutes West a distance
of 235.19 feet to an iron pipe; thence North 89 Degrees 50 Minutes 00 Seconds
West a distance of 317.40 feet to the true point of beginning, and being a
portion of the Southwest one quarter of Section 23, Township 7 South, Range 2
West, Mount Diablo Base and Meridian.
Containing 1.714 acres more or less.
No. 4953
Expires 12/31/o5
? *r in
i yak,
Adjusted Parcel No. 1
All that real property situate in the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Beginning at the Southeast corner of parcel as shown on the Record of Survey Map
filed for record in Book 77 of Maps at Page 28, Santa Clara County Records;
thence North 60 Degrees 16 Minutes 00 Seconds West, a distance of 318.27 feet;
North 67 Degrees 32 Minutes 00 Seconds West a distance of 96.06 feet; thence
North 24 Degrees 17 Minutes 00 Seconds East a distance of 149.80 feet; thence
South 89 Degrees 50 Minutes 00 Seconds East a distance of 129.62 feet; thence
North 16 Degrees 05 Minutes 09 Seconds East a distance of 15.60 feet; thence
South 89 Degrees 50 Minutes 00 Seconds East a distance of 123.95 feet; thence
South 00 Degrees 10 Minutes 00 Seconds West a distance of 234.39 feet; thence
South 22 Degrees 40 Minutes 00 Seconds East a distance of 120.25 feet to the
point of beginning.
Containing 1.569 acres more or less.
No. 4953
Expires 12/31/05
Adjusted Parcel No. 2
All that real property situate in the City of Cupertino, County of Santa Clara,
State of California, described as follows:
Beginning at the Northeast corner of parcel as shown on the Record of Survey Map
filed for record in Book 77 of Maps at Page 28, Santa Clara County Records;
thence North 00 Degrees 10 Minutes 00 Seconds East a distance of 235.19 feet;
thence South 89 Degrees 50 Minutes 00 Seconds East a distance of 317.40 feet;
thence South 00 Degrees 10 Minutes 00 Seconds West a distance of 235.19 feet;
thence North 89 Degrees 50 Minutes 00 Seconds West a distance of 170.53 feet;
thence South 16 Degrees 08 Minutes 05 Seconds West a distance of 15.60 feet;
thence North 89 Degrees 50 Minutes 00 Seconds West a distance of 129.70 feet;
thence North 24 Degrees 17 Minutes 00 Seconds East a distance of 16.37 feet;
thence North 89 Degrees 50 Minutes 00 Seconds West a distance of 19.59 feet to
the point of beginning.
Containing 1.758 acres more or less.
No. 4953
Expires 12/31105
W
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istingg 1.714 acres
-isted 1.758 acres
NDS OF SANTORO
'N 356-25-1` 7
19.59 -' �J 127.19' 123.95'
S 89-50 E 1 .Q. S16'05'09"W
15.60'
Existing 1.613 acres
/ Adjusted 1.569 acres M
LANDS OF MOXLEY N
/ APN 356-25-16
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LEGEND: \ \ 20.
EXISTING BOUNDARY
PROPOSED BOUNDARY.�� \ \ Fq
EXISTING STRUCTURE ------------ \ \ \ `F't'T
PROPOSED STRUCTURE
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EXHIBIT "B" \ \
A PLAT TO ACCOMPANY A DESCRIPTION \ \ \
WESTFALL ENGINEERS, INC.
14583 BIG BASIN WAY, SARATOGA
2002-049
-1
U
No. 4953
Expires 12/31/05
LINDY LANE
Adliance Title
PRELIMINARY REPORT
ORDER NO. 11014705-007- WM
Nelson Engineering
21801 Stevens Creek Blvd. #7
Cupertino, CA 95014
Attn.: Morey Nelson
Escrow Branch:
901 Campisi Way EXHIB11
Campbell, CA 95008
(408) 559-3424 Fax (408) 377-0284
Escrow Officer: Wayne Miyahara/ep
Ref. No:
D.R.EJMAP FILING
Property Address:
21949 Lindy Lane
Cupertino, CA 95014
APN: 356-25-016
ARB : 356-25-016
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
and encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
Escrow Only
Dated as of January 10, 2001 at 7:30 a.m. - ,� �- , �� _ C�---Title Officer
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE as to Parcel(s) One
AN EASEMENT as to Parcel(s) Two
Title to said estate or interest at the date hereof is vested in:
Moxley Properties -Cupertino, a California Limited Partnership
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
NOTE: THIS REPORT IS SPECIFICALLY FOR D.R.E. PROCESSING AND MAP FILING PURPOSES ONLY. IF A
SALE OR REFINANCE OF THE HEREIN DESCRIBED PROPERTY IS CONTEMPLATED, AN ESCROW MUST BE
OPENED AND A NEW PRELIMINARY TITLE REPORT ISSUED.
Fe4re4-'R1
Page No. 2
File No. 11014705-007- WM
1. TAXES for the fiscal year 2001-2002, a lien not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
3. Rights of the public, if any, over that portion of said land which lies within the bounds of Lindy
Lane.
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes as shown or dedicated by the map filed for record December 31, 1956 in Book 77 of
Maps, at Page 28.
(A) For: Future Street
Affects: Southerly 20 feet of said land
(B) For: Driveway
Affects: as shown on the map
5. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: San Jose Abstract and Title Co., a California corporation
For: Ingress and Egress and Public Utilities
Recorded: November 21, 1957 in Book 3942, Page 265, Official Records
Affects: the Southwesterly 10 feet and the Northwesterly 10 feet of said land
6. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: Pacific Gas and Electric Company, a California corporation
For: Public Utility Easement
Recorded: March 14, 1959 in Book 4383, Page 340, Official Records
Affects: the Southeasterly 10 feet of the Northwesterly 15 feet and the Northeasterly 10
feet of the Southwesterly 15 feet of said land
7. An Acknowledgement and Waiver, subject to the terms and conditions contained in the instrument
Dated: February 27, 1995
Executed by: Robert W. Moxley
Recorded: May 01, 1995 in Book N 837, Page 933, Official Records
8. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements,
if any.
Page No. 3
File No. 11014705-007- WM
9. The requirement that this company be provided with evidence that Moxley Properties - Cupertino,
a Limited Partnership remains in existence and is in compliance with the Revised Limited
Partnership Act of the State of California. Whether said partnership has or has not elected to be
governed by said act, a Certificate of Limited Partnership must be filed in the Office of the
Secretary of State as required by said act and this company requires that a certified copy thereof be
recorded in the Office of the Recorder of the County of Santa Clara.
NOTES:
a. Date last insured: none shown
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. For the purposes of policy issuance, no items will be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the company as insurer.
f. No known matters otherwise appropriate to be shown have been deleted from this report, which is
not a policy of title insurance, but a report to facilitate the issuance of a policy of title insurance.
g. Prior to the issuance of a Parcel Map or Subdivision Map Guarantee for the County of Santa Clara,
this Company will require a copy of the tentative Map which is to be recorded, for examination
and retention in our file.
h. TAXES for the fiscal year 2000-2001, alien, shown as follows:
Ist Installment $584.37 Paid
2nd Installment $584.37 Paid
Assessor's Parcel No. 356-25-016 Code Area 13 -0 16
Land $38,322.00 IMP $60,870.00 PP NONE Exempt NONE
i. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire
lot on a recorded final map.
Page No. 4�
File No. 11014705-007- WM
According to the public records, no Deeds conveying the property described in this report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein --
Grantor: Robert W. Moxley, an unmarried man
Grantee: Bret Craig Moxley as Trustee, or his successor(s) of The Robert Walter Moxley
Trust Agreement Dated February 11, 1999
Recorded: February 17, 1999 under Recorder's Series No. 14658831, Official Records
Grantor: Bret C. Moxley, Trustee or his successor(s) of the Robert Walter Moxley Trust
Agreement Dated February 11, 1999
Grantee: Moxley Properties — Cupertino, a California Limited Partnership
Recorded: January 04, 2000 under Recorder's Series No. 15110692, Official Records
Page No. S
File No. 11014705-007- WM
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
Beginning at an iron pipe set at the intersection of the center line of Lindy Lane with the section line
between Sections 22 and 23, Township 7 South, Range 2 West, Mount Diablo Base and Meridian;
thence along the center line of Lindy Lane, the following courses and distances: N. 50' 46' E. 146.51
feet to a 3/4 inch iron pipe; thence N. 83' 57' E. 213.25 feet to a 3/4 iron pipe; thence N. 60' 31' E.
105.02 feet to a 3/4 inch iron pipe; and thence N. 88' 39' E. 236.15 feet to a railroad spike at the true
point of beginning of this description; thence from said true point of beginning leaving Lindy Lane and
running along the center line of a 20 foot driveway the following courses and distances: N. 60' 16' W,
318.27 feet to a 3/4 inch iron pipe; thence N. 67' 32' W. 96.06 feet to a 3/4 inch iron pipe; and thence N.
24' 17' E. 166.17 feet to a point from which the iron pipe bears N. 89' 50' W. 19.64 feet; thence leaving
said 20 foot driveway, S. 89' 50' E. 251.12 feet to an iron pipe; thence S. 0° 10' W. 234.29 feet to an
iron pipe; thence S. 22' 40' E. 120.25 feet to the true point of beginning, being a portion of the
Southwest quarter of Section 23, Township 7 South, Range 2 West, Mount Diablo Base and Meridian,
and also being a portion of the 1.647 acre parcel of land delineated upon the Map of Record of Survey
thereof, on file in the office of the Recorder of the County of Santa Clara, State of California, in Book
77 of Maps, at page 28.
PARCEL TWO:
A non-exclusive right of way for ingress and egress and for the installation and maintenance of public
utilities over and along a strip of land 10 feet wide lying Southwesterly of and adjacent to the
Southt�est:,rly lines thereo and also, over an,l along a strip of .Land 10 feet wide lying Northwesterly of
and adjacent to the Northwesterly line of said above described parcel of land.
ARB No: 356-25-016
APN No: 356-25-016
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EXHIBIT "A" 01 t
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the
1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form i Coverage. If the issuance of any other type of policv is
anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions.
1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
locations 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 had been recorded in the public records at Date of policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of
policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding
from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value
without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured 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 inabilin 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 or priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from the improvement or work related to the land which is contracted for and commenced subsequent to
date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of
policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency or similar creditors' rights laws that is based on
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(i i) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer
results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor.
EXHIBIT "A" - continuedf� El`yll
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or
locations of any improvement now or hereafter erected on the land; (ii) a separation in ownership or a change in the dimensions or area of
the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of
policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding
from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without
knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to date of policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
estate of interest insured by this policy.
Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of
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 claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining claims;
(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the maters excepted under (a), (b) or (c) are shown by the public records.
EXH01 E
IWA
Sanctity of Contract
STEWART TITLE OF CALIFORNIA, INC.,
SANTA CLARA DIVISION
12820 SARATOGA-SUNNYVALE ROAD
SARATOGA, CA 95070
(408) 867-6230 www.stewartsc.com
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
PRELIMINARY REPORT
FSBO-No Agent
12820 Saratoga -Sunnyvale Rd.
Saratoga, CA 95070
Attn: Glori Jarnagan /Phone: (408)867-6230
Order Number: 34376726 Your Reference:
Property Address: 21951 LINDY LANE, CUPERTINO, CA
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B 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 the attached list.
Copies of the policy forms should be read. They are available from the office which issued this report.
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 or amendments thereto) 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.
Dated as of June 26, 2003 at 7:30 A.M.
Ricardo Reyna, Title Officer
When replying, please contact
Glori Jarnagan, Escrow Officer
Stewart Title of California, Inc.
Escrow Department
12820 Saratoga -Sunnyvale Road, Saratoga, CA 95070
(408) 867-6230 Fax: (408) 867-6057 www.stewartse.com
ItEEXH I
34376726
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy
American Land Title Association Loan Policy
SCHEDULE A
The estate or interest in the land hereinafter described or referred
to covered by this report is:
A FEE AS TO PARCEL ONE AND AN EASEMENT AS TO PARCEL TWO
Title to said estate or interest at the date hereof is vested in:
Mark R. Santoro, an unmarried man
Continued on next page
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34376726
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of CUPERTINO, described as follows:
PARCEL ONE:
BEGINNING at an iron pipe set at the intersection of the center
line of Lindy Lane with the section line between Sections 22
and 23, Township 7 South, Range 2 West, Mount Diablo Base and
Meridian; thence leaving Lindy Lane and running along a fence
N. 1 19' E. 284.66 feet to an iron pipe which is 5.29 feet
Easterly at right angles from said section line between said
Sections 22 and 23; thence leaving said fence N. 73 41' E.
293.17 feet to an iron pipe; thence N. 17 50' E. 159.23 feet
to an iron pipe at the true point of beginning of this
description; thence from said true point of beginning N. 0 10'
E. 235.19 feet to an iron pipe; thence S. 89 50' E. 317.40
feet to an iron pipe; thence S. 0 10' W. 235.19 feet to an
iron pipe; and thence N. 89 50' W. 317.40 feet to the true
point of beginning, and being a portion of the Southwest one
quarter of Section 23, Township 7 South, Range 2 West, Mount
Diablo Base and Meridian.
PARCEL TWO:
TOGETHER with and as appurtenant to the above described parcel
of land, a non-exclusive right of way for ingress and egress
and for the installation and maintenance of public utilities,
over and along a strip of land 20 feet wide, the center line of
which is described as follows:
BEGINNING at an iron pipe set at the intersection of the center
line of Lindy Lane with the section line between Sections 22
and 23, Township 7 South, Range 2 West, Mount Diablo Base and
Meridian; thence along the center line of Lindy Lane the
following courses and distances; N. 50 46' E. 146.51 feet to a
3/4 inch iron pipe; thence N. 83 57' E. 213.25 feet to a 3/4
inch iron pipe; thence N. 60 31' E. 105.02 feet to a 3/4 inch
iron pipe; thence N. 88 39' E. 236.15 feet to a railroad spike
at the true point of beginning of the center line to be
described; thence from said true point of beginning leaving
Lindy Lane N. 60 16' W. 318.27 feet to a 3/4 inch iron pipe;
thence N. 67 32' W. 96.06 feet to an iron pipe; and thence N.
24 17' E. 166.17 feet to a point on the Southerly line of the
above described parcel of land at a point distant thereon S.
80 50' E. 19.61 feet from an iron pipe at the Southwesterly
corner thereof. Excepting from said strip of land all that
portion thereof lying within the limits of Lindy Lane.
Continued on next page
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34376726
APN/ARB: 356-25-017
End of Legal Description
Continued on next page
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34376726
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the
printed exceptions and exclusions contained in said policy or
policies would be as follows:
A. Property taxes, which are a lien not yet due and payable,
including any assessments collected with taxes, to be levied
for the fiscal year 2003 - 2004 which are a lien not yet
payable.
B. 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.
1. An easement for
thereto as set
To/Grantee :
Purpose
Recorded
Affects
the purpose shown below and
forth in a document:
San Jose Abstract & Title
Corporation
Ingress and egress and for
and maintenance of public
November 21, 1957 in Book
of Official Records.
rights incidental
Co., a California
the installation
utilities
3942 at Page 259
Westerly and Southerly portions of said land
2. An easement for the purpose shown below and rights incidental
thereto as set forth in a document:
To/Grantee Pacific Gas and Electric Company,
a California Corporation
Purpose An underground main or pipe line with the
right of ingress thereto and egress therefrom
Recorded April 14, 1959 in Book 4383 at Page 339
of Official Records.
Affects The Westerly and Southerly portion of said land
3. The matters contained in an instrument
Entitled Acknowledgement and Waiver
Dated February 23, 1995
By and Between: Edward H. Haschert
upon the terms and conditions and covenants therein provided
Recorded May 1, 1995 in Book N837 at Page 915,
of Official Records
4. Any rights, easements, interest or claims, affecting the portion
of said land and for the purposes stated herein, including
incidental purpose, as by a physical inspection of said land.
For: pole and overhead wires
Continued on next page
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H� B� U U
34376726
Affects:Southerly portion of said land
S. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $1,100,000.00
Dated April 11, 2002
Trustor Mark R. Santoro
Trustee Citibank Service Corp., A California Corporation
Beneficiary: Citibank, F.S.B.
Recorded April 26, 2002
as Instrument No. 16234794, Official Records
Address PO Box 9206, MS81026, Farmington Hills, MI 48333-9206
Loan No. 000011233878
6. Matters which may be disclosed by an inspection or by a survey
of said land satisfactory to this Company, or by inquiry of the
parties in possession thereof.
7. Rights of parties in possession of said land by reason of any
unrecorded leases.
END OF EXCEPTIONS
Typist Initials: LCH
Print date: July 10, 2003
Continued on next page
-5-
r
NOTES
General and special taxes for the fiscal year 2002/2003 have
been paid, including personal property taxes, if any.
1st Installment $721.53
2nd Installment $721.53
APN No. 356-25-017
Supplemental taxes for the fiscal year issued pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the
Revenue and Taxation Code of the State of California, for
fiscal year 2002/2003
Tract No. 13 016
Parcel No. 356-25-017-H2
Activity Date
1st Installment: $NONE
2nd Installment: $77.66 PAID
Supplemental taxes for the fiscal year issued pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the
Revenue and Taxation Code of the State of California, for
fiscal year 2002/2003
Tract No. 13 016
Parcel No. 356-25-017-11
Activity Date April 26, 2002
1st Installment: $1,788.92 PAID
2nd Installment: $1,788.92 PAID
Supplemental taxes for the fiscal year issued pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the
Revenue and Taxation Code of the State of California, for
fiscal year 2002/2003
Tract No. 13 016
Parcel No. 356-25-017-12
Activity Date April 26, 2002
1st Installment: $10,509.27 PAID
2nd Installment: $10,509.27 PAID
Affidavit Death of Trustee
Decedent Edward Herbert Haschert
Recorded February 7, 2002 Under Serial No. 16098687,
Official Records
There are no conveyances affecting said land recorded within
two (2) years of the date of this report, except the following:
Grantor Sunny S. Solis, Trustee of the Haschert Family Trust
dated November 21, 1994, Trust B, as to an undivided
600/640 interest; Sunny S. Solis, trustee of the
haschert Family Trust dated November 21, 1994, Trust A
Continued on next page
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EXHBn a
34376726
as to an undivided 40/640 interest
Grantee Mark R. Santoro, an unmarried man
Recorded: April 26, 2002 instrument No. 16234793
of Official Records
There have been no conveyances of said land recorded within 24
months prior to the date of this report.
None of the items shown in this report will cause the company to
decline to attach CLTA Indorsement form 100 to the ALTA Loan
Policy, when issued.
There is located on said land: Single Family Dwelling
known as: 21951 LINDY LANE
CUPERTINO, CA
SHORT TERM RATE: YES
COUNTY OF SANTA CLARA
RECORDING FEES The Recording Fees for The County of Santa Clara
as follows:
$7.00 for the first page of a document, plus $7.00 for each
additional title over one, plus $3.00 for each additional page
(provided all pages of the document measure 8-1/2" x 11" and
comply with recording requirements), except for deeds of trust
assignments of deeds of trust, reconveyance, requests for
notice, requests for notice of delinquencies and notice of
defaults.
Deeds of Trust, Reconveyance, Requests for Notice of
Delinquencies and Notices of Defaults are $9.00 for the first
page of the document, plus $7.00 for each additional title over
one, plus $3.00 for each additional page (provided all pages of
the document measure 8-1/2" x 11" and comply with recording
requirements).
A Substitution of Trustee and Full Reconveyance, as combined
document is $18.00 for the first page of the document, plus
$3.00 for each additional page (provided all pages of the
document measure 8-1/2" x 11" and comply with recording
requirements).
The recording fee for a Release of Tax Lien from the State of
California, The County of Santa Clara, or a City is $11.00. The
recording fee for Release of Tax Lien from the I.R.S. is $7.00.
When recording a lien, judgment, or abstract of judgment add
Continued on next page
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C Xr-10 11
34376726
$3.00 per owner or debtor.
There is a Survey Monument Preservation Fee of $10.00 charged on
the recording of all deeds containing a description other than
that of a condominium or a complete lot shown on a subdivided
tract (this fee is not charged on easements).
Documents that are not 8-1/2 " x 11" and that do not comply with
recording requirements are subject to an additional fee of $3.00
for each page.
TRANSFER TAX RATE: The Transfer Tax Rate for the County of
Santa Clara is based on $1.10 per $1,000 (or 55 cents per $500)
of total consideration given for the property, less liens and
encumbrances remaining of record. In addition to the transfer
tax charged by the County of Santa Clara, the Cities of
Mountain View, San Jose and Palo Alto have a Transfer Tax Rate
based on $3.30 per $1,000 (or $1.65 per $500) of total
consideration given for the property, less liens and
encumbrances remaining of record.
STATE OF CALIFORNIA
DOCUMENT REQUIREMENTS: Any instrument, paper, or notice
submitted for recording should be on 8-1/2" x 11" white paper,
preferably 161b bound or heavier. They should be in block
print, preferably minimum 10-point type on the first page and 8
point on subsequent pages. All printing or writing should be
limited to one side of a page.
Any document submitted for recording shall have at least 1/2"
margin on each vertical side. In addition, the top 2-1/2" of
the first page shall be reserved for recording information,
with the left 3-1/2" used by the public to show the name of the
person requesting recording and the name and address to which
the document is to be returned following recording. The
right-hand portion of the space is for use by the recorder only.
Any document submitted must indicate the title or titles of the
document(s) contained therein. Those title must appear on the
first page directly below the space reserved for the recorder.
All information required by the statute which provides for the
creation of the document must be there. In addition, all
recording requirements must be met.
Any document which contains sheet or sheets which do not
measure 8-1/2" x 11" or that do not comply with recording
requirements may be subject to recording penalty of $3.00 for
Continued on next page
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EXH0111 Ins
34376726
every page of that document.
PRELIMINARY CHANGE OF OWNERSHIP REPORT (PCOR): A Preliminary
Change of Ownership Report must be completed by the transferee
(buyer) prior to the transfer of property in accordance with
the provisions of Section 480.3 of the Revenue and Taxation
Code. The Preliminary Change of Ownership Report should be
submitted to the recorder concurrent with the recordation of
any document effecting a change of ownership. If a document
evidencing a change of ownership (i.e. Deed, Affidavit -Death
Joint Tenant) is presented to the recorder for recording with a
preliminary change of ownership report, the recorder may charge
an additional $20.
Continued on next page
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34376726
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement
of escrow and sub -escrow funds by title companies. The law requires
that funds be deposited in the title company escrow account and
available prior to disbursement. Funds received by Stewart Title of
California, Inc. (Stewart Title) via wire transfer may be disbursed
upon receipt. Funds received via cashier's checks or teller checks
drawn on a California Bank may be disbursed on the next business day
after the day of deposit. If funds are received by any other means,
recording and/or disbursement may be delayed, and you should contact
your title or escrow officer. All escrow and sub -escrow funds
received will be deposited with other escrow funds in one or more
non -interest bearing escrow accounts in a financial institution
selected by Stewart Title. Stewart Title may recieve certain direct
or indirect benefits from the financial institution by reason of the
deposit of such funds or the maintenance of such accounts with the
financial institution, and Stewart Title shall have no obligation to
account to the depositing party in any manner for the value of, or
pay to such party, any benefit received by Stewart Title. Such
benefits shall be deemed additional compensation to Stewart Title
Title for its services in connection with the escrow or sub -escrow.
-10-
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,
from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with
a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,
which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company,
Stewart Title of California, Inc.
We may collect nonpublic personal information about you from the following sources:
* Information we receive from you, such as on applications or other forms.
* Information about your transactions we secure from our files, or from our affiliates or others.
* Information we receive from a consumer reporting agency.
* Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to nonaffiliates third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
* Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
* Non -financial companies such as envelope stuffers and fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
CLTA PRELIMINARY REPORT FORM
EXHIBIT A
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS
OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR 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 OR POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE
THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE
LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE
OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE
BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO
BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED
CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED
CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR
THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. UNENFORCEABLILITY 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 OR INDEBTEDNESS, TO COMPLY WITH THE
APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED.
i. 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.
S. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS
POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF
FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS.
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR
(C) ARE SHOWN BY THE PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 1 OF 6
CLTA PRELIMINARY REPORT FORM
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM:
1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS
INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING:
* LAND USE * IMPROVEMENTS ON THE LAND
* LAND DIVISION * ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC
RECORDS AT POLICY DATE.
THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS.
2. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS:
* A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE
* THE TAKING HAPPENED PRIOR TO THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT
KNOWING OF THE TAKING
3. TITLE RISKS:
* THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU
* THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE - - UNLESS THEY APPEARED IN THE PUBLIC
RECORDS
* THAT RESULT IN NO LOSS TO YOU
* THAT FIRST AFFECT YOUR TITLE AFTER THE POLICY DATE - - THIS DOES NOT LIMIT THE LABOR AND MATERIAL
LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS
4. FAILURE TO PAY VALUE FOR YOUR TITLE.
5. LACK OF A RIGHT:
■ TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN ITEM 3 OF SCHEDULE A OR
* IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND
THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS.
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. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS.
2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN
COVERAGE IN ITEM 8 OF COVERED TITLE RISKS.
3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS.
4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 2 OF 6
CLTA PRELIMINARY REPORT FORM
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COSTS, ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS,
ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR
ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER
ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR
ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY
VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE
INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (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 THE 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.
S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF
THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION
OR TRUTH IN LENDING LAW.
6. ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF PRIORITY OF ANY STATUTORY LIEN FOR
SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTGAGE) ARISING FROM AN IMPROVEMENT OR WORK
RELATED TO THE LAND WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED
IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY
THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE.
7. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS
POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS,
THAT IS BASED ON:
(I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE
OR 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 RECORDED THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 3 OF 6
CLTA PRELIMINARY REPORT FORM
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 INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS:
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES)
WHICH ARISE BY REASON OF:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS 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.
3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4, DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING
LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY,
USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR
HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF
THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT
OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE
OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR
ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE
INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY
THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS'
RIGHTS LAWS, THAT IS BASED ON:
(I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT
CONVEYANCE OR FRAUDULENT TRANSFER; OR
(II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL
TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE:
(A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 4 OF 6
CLTA PRELIMINARY REPORT FORM
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 INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS:
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
5. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
EXCLUSIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM:
1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS
INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING:
A. BUILDING
B. ZONING
C. LAND USE
D. IMPROVEMENTS ON LAND
E. LAND DIVISION
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. 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, S.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.
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 5 OF 6
6. "GOLD" COMPREHENSIVE PROTECTION
LOAN POLICY OF TITLE INSURANCE
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
(A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING
LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY,
USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR
HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF
THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT
OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE
OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR
ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17, 34, AND 41.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17, 34, AND 41.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE
INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE
COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34,
35, 38, 39, AND 40);
(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.
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 ANY CONSUMER CREDIT PROTECTION OR
TRUTH -IN -LENDING LAW,
6. 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 ESTATE 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.
7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY
LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE
COVERAGE OF INSURING PROVISION 34.
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 6 OF 6
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