LLA-Terry M. Brown, 10075 Pasadena Ave, APN: 357-17-043 (Lots 14 and 15)RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
DOCUMENT: 16251312 Titles I / Pages 20
Fees....+ No Fees
Taxes...
A0016251312A AMT' PAID
BRENDA DAVIS RIDE # 007
SANTA CLARA COUNTY RECORDER 5/07/2002
Recorded at the request of 8:00 AM
First American Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103 WORKS'
LOT LINE ADJUSTMENT, TERRY M. BROWN, A MARRIED MAN,
AS HIS SOLE AND SEPARATE PROPERTY
10075 PASADENA AVENUE, APN 357-17-043 (LOT 14 AND 15)
Original
❑ For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owner: Terry M. Brown, A Married Man, as His Sole and Separate Property
10075 Pasadena Avenue, APN 357-17-043 (Lot 14 And 15)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN
TWO OR MORE ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Lots 14 and 15, as designated on the attached plat
and descriptions marked Exhibits "A", "B", "C", "D" and "E" and attached hereto, has been submitted
by the record owners of the above properties (as shown in Exhibit "F", 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 18.08.01011 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 29t" day of April , 2002.
RALPH A. QUALLS, JR.
CITY ENGINEER
CITY OF CUPERTINO
%ms A. i
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EXHIBIT A
(LOT 14, EXISTING CONFIGURATION)
Consisting of Lot 14 as shown on that certain map entitled " Subdivision
No. 1 Town of, Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W."
recorded in Boot M of maps at page 4, Santa Clara County Records and
described as follows:
BEGINNING at the Northwesterly corner of the above mentioned Lot 14; thence
East 130.00 feet to the Northeasterly corner of said Lot 14; thence South
25.00 feet to the southeasterly corner of Lot 14; thence along the dividing
line between Lots 14 and 15 West 130.00 feet to the Southwesterly corner of
Lot 14; thence North 25.00 feet to the point of BEGINNING.
Consisting 3,250 square feet and lying within the limits of incorporation of
the City of Cupertino, California.
p�tOF FSS/
No. 2097
4,4 9
EXHIBIT B
(LOT 15, EXISTING CONFIGURATION)
Consisting of Lot 15 as shown on that certain map entitled '' Subdivision
No. 1 Town of, Monta Vista in the S.W. 1/4 of Sec 14 T. 7S, R. 2 W. "
recorded in Book M of maps at page 4, Santa Clara County Records and
described as follows:
BEGINNING at the Southeasterly corner of the above mentioned Lot 15; thence
West 130.00 feet to the Northwesterly corner of said Lot 15; thence North
25.00 feet to the Northwesterly corner of Lot 15; thence along the dividing
line between Lots 14 and 15 East 130.00 feet to the Northeasterly corner of
Lot 15; thence South 25.00 feet to the point of BEGINNING.
Consisting 3,250 square feet and lying within the limits of incorporation of
the City of Cupertino, California.
EXHIBIT C
(LOT 1, PROPOSED CONFIGURATION)
A portion of Lots 14 and 15 as shown on that certain map entitled "
Subdivision Np. 1 Town of Monta Vista in the S.W. 1/4 of Sec 14 T. 7S,
R. 2 W." recorded in Book M of maps at page 4, Santa Clara County Records
and described as follows:
BEGINNING at the Southeasterly corner of the above mentioned Lot 15; thence
along the Southerly line of Lot 15 West 65.00 feet; thence North 50.00 feet
to a point on the Northerly line of the above mentioned Lot 14; thence along
that Northerly line of Lot 14 East 65.00 feet to the Northeast corner of the
above mentioned Lot 14; thence along the Easterly line of Lots 14 and 15
South 50.00 feet to the point of BEGINNING.
Consisting 3,250 square feet and lying within the limits of incorporation of
the City of Cupertino, California.
EXHIBIT D
(LOT 2, PROPOSED CONFIGURATION)
A portion of Lots 14 and 15 as shown on that certain map entitled "
Subdivision No. 1 Town of Monta Vista in the S.W. 114 of Sec 14 T. 7S,
R. 2 W." recorded in Book M of maps at page 4, Santa Clara County Records
and described as follows:
BEGINNING at the Northwesterly corner of the above mentioned Lot 14; thence
along the Northerly line of Lot 14 East 65.00 feet; thence South 50.00 feet
to a point on the Southerly line of the above mentioned Lot 15; thence along
that Southerly line of Lot 15 West 65.00 feet to the Southwest corner of the
above mentioned Lot 15; thence along the Westerly line of Lots 15 and 14
North 50.00 feet to the point of BEGINNING.
Consisting 3,250 square feet and lying within the limits of incorporation of
the City of Cupertino, California.
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EXHIBIT E
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EXHIBIT F
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the
Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
12772 Saratoga -Sunnyvale Road, Suite 200
Saratoga, Cry 95070
(408) 867-9915
APPLICANT:
Alain Pine[ Realtors
Attention: Mary Reese
12772 Saratoga -Sunnyvale Road
Saratoga, CA 95070
YOUR CONTACT PERSON IS
CALL
FAX NO.
ESCROW ORDER NO.
TITLE ORDER NO.
PROPERTY ADDRESS
t012902eeu031402sk
:Sue Taylor
(408) 867-9915
(408) 867-2523
714463
714463 UPDATE
10075 Pasadena Avenue
Cupertino, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: EAGLE Protection Owner's Policy Form No. 1490 EAGLE (6/98),
AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS
DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. 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.
Gregory P. Carlson
Assistant Vice President
Order No. 714463
Page No. 2
Dated as of March 6, 2002 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
TERRY M. BROWN, a married man, as his sole and separate property
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE AS TO PARCELS ONE and TWO AN EASEMENT AS TO PARCEL THREE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
General and special taxes for the fiscal year 2002-2003, a lien not yet due or payable.
2. General and special taxes and assessments for the fiscal year 2001-2002.
First Installment
$6,715.44 paid
Penalty
$-0-
Second Installment
$6,715.44 open
Penalty
$-0-
Tax Rate Area
13-027
A. P. No.
357-17-043
3. Supplemental taxes for the fiscal year 2001-2002 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $436.18 delinquent, penalty $43.61
Second Installment $436.18 open, which will become delinquent after 04/10/02
Tax Rate Area 13-027
A. P. No. 357-17-043-91
4. Supplemental taxes for the fiscal year 2001-2002 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
First Installment $1,581.26 delinquent, penalty $158.12
Second Installment $1,581.26 open, which will become delinquent after 04/10/02
Tax Rate Area 13-027
A. P. No. 357-17-043-92
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
6. The terms and provisions contained in the document entitled "Deed" recorded February 21, 1908 in
Book 330 of Deeds, page 6 of Official Records.
The terms and provisions contained in the document entitled "Reciprocal Easement Agreement'
recorded November 14, 1985 in Book J518, page 1890 of Official Records.
An easement for parking purposes, pedestrian traffic, ingress and egress and incidental purposes in
the document recorded November 14, 1985 in Book J518, page 1890 of Official Records.
Order No. 714463
Page No. 3
A deed of trust to secure an original indebtedness of $490,000.00 recorded May 29, 1987, under
Series No. 9294471 in Book K169, page 1966 of Official Records.
Dated May 20, 1987
Trustor Terry M. Brown and James F. Hemphill and J. Richard Thesing and John
B. Rahn and Polly S. Rahn, co -trustees of the 1983 Rahn Living Trust,
dated October 12, 1983
Trustee Bay View Auxiliary Corporation, a California corporation
Beneficiary Bay View Federal Savings and Loan A ;sociation, a Federal corporation
10. A deed of trust to secure an original indebtedness of $239,000.00 recorded November 28, 1990, under
Series No. 10733024 in Book L551, page 56 of Official Records.
Dated November 16, 1990
Trustor Terry M. Brown, a married man as his sole and separate property and
James F. Hemphill, a married man as his sole and separate property and
J. Richard Thesing, a married man as his sole and separate property and
John B. Rahn and Polly S. Rahn, co -trustees of the 1983 Rahn Living Trust
dated 1/12/83
Trustee California Land Title Company of Santa Clara County, a California
corporation
Beneficiary Gerald V. Root and Marion L. Root, husband and wife, as community
property
11. Any rights, interests, or claims of parties in possession of the land not shown by the public records.
12. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
13. Any defects, liens, encumbrances or other matters which name parties with the same or similar names
as Terry M. Brown. The name search necessary to ascertain the existence of such matters has not
been completed. In order to complete this preliminary report or commitment, we will require a
statement of information.
INFORMATIONAL NOTES
LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
A document recorded March 20, 2000 as Series No. 15185177 of Official Records.
From J. Richard Thesing
To Terry M. Brown
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
Order No. 714463
Page No. 4
INFORMATIONAL NOTES: (Continued)
A document recorded March 20, 2000 as Series No. 15185178 of Official Records.
From J. Barry Rahn
To Terry M. Brown
A document recorded March 20, 2002 as Series No. 15185179 of Official Records.
From James F. Hemphill
To Terry M. Brown
2. Basic rate applies.
3. Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
4. SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
5. IN CONNECTION with the above -numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
10075 Pasadena Avenue
Cupertino, CA
Order No. 714463
Page No. 5
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
PARCEL ONE:
All of Lot 14, Block 3, as shown on that certain Map entitled, "Subdivision No. 1, Town of Monta Vista in the
S.W. 1/4 of Sec. 14 T 7SR. 2W.", which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California on November 18, 1907 in Book "M" of Maps, at page(s) 4.
PARCEL TWO:
All of Lot 15, Block 3, as shown on that certain Map entitled, "Subdivision No. 1, Town of Monta Vista in the
S.W. 1/4 of Sec. 14 T 7SR. 2W.", which Map was filed for record in the office of the Recorder of the County
of Santa Clara, State of California on November 18, 1907 in Book "M" of Maps, at page(s) 4.
PARCEL THREE:
Non exclusive reciprocal easements for parking purposes, pedestrian traffic and ingress and egress over
property described as Parcels B and C and shown more particularly on Exhibit D of that instrument entitled
Reciprocal Easement Agreement dated November 12, 1985 and recorded November 14, 1985 in Book J518
of Official Records, page 1890.
APN: 357-17-043
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOWING QUESTIONS:
Are your principals using a Power of Attorney?
Are any of the parties in title Incapacitated or Deceased?
Has a change in marital status occurred for any of the principals?
Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
Do the sellers of the property reside outside of California?
Is the property the subject of a Tax Deferred Exchange?
IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement.
Please call your Escrow Officer with the loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is being assumed by buyer.
If parties are obtaining a loan, your Escrow Officer will need to have the
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
If there is to be a change of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
FIRSTAMERICAN
FIRST AMERICAN TITLE
GUARANTY COMPANY
1737 North First Street, San Jose, CA 95112
(408) 451-7800 TITLE GUARANTY
NOTICE
In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount
equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by
either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement
instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the
amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California
real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on a case -by -case basis.
The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the
effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing
officer.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
V I A.L.T.A. ENDORSEMENT FORM 1 COVE[ Z
SCHEDULE OF EXCLUSIONS FROM COVERAbt
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction
in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmendal reg^12+inn
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the
insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material
or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4
above are used and the following exceptions to coverage appear in the policy
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
e following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or t .) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for
services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from
an improvement or work related to the land which is contracted for and commenced subsequent to Date ^f 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 traud lent conveyance or ,raudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are
used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and it.. Company will not pay costs, attorneys' fees or expenses) V ,__n arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records
Discrepanc;^s, conflicts in bcundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
scords.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, 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
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
m the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are
_..ad and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use • land division
improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
Failure to pay value.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. lar + 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.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership
or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16
and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25);
or
(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, v.nich arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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.
Any claim of invalidity, unenforceability or lack of prio the lien of the Insured Mortgage as to advances or modifir is made after the Insured has Knowledge that the vestee
shown in. Schedule A is no longer the owner of the ea or interest covered by this policy. This exclusion does nc it the coverage provided under insuring provision 7.
Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
'his exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage I,olicy and not as an Extended Coverage Policy the exclusions
set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
This map may or may not be a -ey of the land depicted hereon. It is not to be relie on for any purpose other than
orienting one's self as to tht ,meral location of the parcel or parcels of interest. F. . American Title Company
assumes no liability for loss or damage resulting from reliance thereon.
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