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LLA-Franklyn E. and Lois H. Wecks, 21351 and 21353 Vai Ave, APNs: 362-05-013, 014 (Parcels A & B)RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 Wi�mlu�u�ii���iiuH��iui BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Alliance Title Company Titles:1 / Pages: 27 Fees.... No Fees Taxes... Copies.. AMT PAID (SPACE ABOVE THIS LINE FOR RECORDER'S USE) LOT LINE ADJUSTMENT, FRANKLYN E. WECKS AND LOIS H. WECKS, HUSBAND AND WIFE AS JOINT TENANTS, 21351 AND 21353 VAI AVENUE, APNS 362-05-013, 014 (PARCELS A & B) i �N RDE # 002 5/24/2002 3:01 PM Original ❑ For Fast Endorsement LOT LINE ADJUSTMENT Property Owner: Franklyn E. Weeks And Lois H. Weeks, Husband and Wife As Joint Tenants, 21351 And 21353 Vai Avenue, APNs 362-05-013, 014, (Parcels A & B) 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 A and B, as designated on the attached plat and descriptions marked Exhibit "A", and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18.08.0101-1 of the City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line adjustment is hereby approved. This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is not recorded by Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title interest of ownership (including lien holder interest) from 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 2°a day of May, 2002. RALPH A. QUALLS, JR. CITY ENGINEER CITY OF CUPERTINO By: GE 22G44 EXHIBIT "A" EXISTING PARCEL A LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 15 as shown on that certain Map entitled, "Tract No. 597 BIANCHI TERRACE", filed for record in Book 22 of Maps at page 43, Santa Clara County Records, said point being on the northerly line of Vai Avenue as shown on said Map; thence along the northerly line of Via Avenue S 89°55'00" E 157.00 feet; thence leaving said line North 99.00 feet; thence N 89°55'00" W 157.00 feet to a point on the easterly line of said Lot 15; thence along said easterly line of Lot 15 South 99.00 feet to the POINT OF BEGINNING. Said parcel of land containing 15,543 square feet or 0.357 acres, more or less. Prepared by Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2005 Lf..__._..-._�. SCALE: P=50' o ,o �ICY, a Pa� 0 cn V A I o m V 1v N 89 55 00 W 151.00 I PARCEL "6" -o N89055'00"W i57.00' PARCEL "A" N8P°55'001 A V E N U E- PCL EX. AREA PROP. AREA A 15,543 13,563 B 15,229 17,209 �wlglr KIRKEBY ENGINEERING 3249 STEVENS CREEK BLVD. SUITE 101 SAN JOSE, CA, 95117 (408) 984-0331 EXIST/141G P,QRCe-c-L 4 • . PLAT TO ACCOMPANY DESCRIPTION FOR LOT LINE ADJUSTMENT Scale: V_ 5_ Dot*:APRIL$, JolW-0I2 EXHIBIT "A" EXISTING PARCEL B LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 15 as shown on that certain Map entitled, "Tract No. 597 BIANCHI TERRACE", filed for record in Book 22 of Maps at page 43, Santa Clara County Records, said point being on the northerly line of Vai Avenue as shown on said Map; thence along the easterly line of said Lot 15 North 99.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the said northerly line of Via Avenue S 89°55'00" E 157.00 feet; thence North 97.00 feet; thence N 89°55'00" W 157.00 feet to a point on the easterly line of said Lot 14 as shown on said Map; thence along said easterly line of Lots 14 and 15 South 97.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land containing 15,229 square feet or 0.350 acres, more or less. Prepared by Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2005 i p � P I I N89 55 OW 151.00 CALE:1%50' � 0 0 PARCE L,'g�� �I N 8905500"W \157.00' ° Z�T 0 m VAIo m PA R C E l "o" p7 189055,0011W BT00' AVENUE - PCL EX. AREA PROP. AREA A 15,543 13,563 B 15,229 17,209 KIRKEBY ENGINEERING 3249 STEVENS CREEK BLVD. SUITE 101 SAN JOSE, CA, 95117 (408) 984-0331 v �q EX/ST/NG 1-114RCEL in PLAT TO ACCOMPANY DESCRIPTION FOR LOT LINE ADJUSTMENT scale: t"- 5u Dotm APRII9, i Job No. 22 012 EXHIBIT "A" PROPOSED PARCEL A LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 15 as shown on that certain Map entitled, "Tract No. 597 BIANCHI TERRACE", filed for record in Book 22 of Maps at page 43, Santa Clara County Records, said point being on the northerly line of Vai Avenue as shown on said Map; thence along the northerly line of Via Avenue S 89°55'00" E 137.00 feet; thence leaving said line North 99.00 feet; thence N 89°55'00" W 137.00 feet to a point on the easterly line of said Lot 15; thence along said easterly line of Lot 15 South 99.00 feet to the POINT OF BEGINNING. Said parcel of land containing 13,563 square feet or 0.311 acres, more or less. Prepared by Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2005 Gil! i I ^ p 1 Ii ( � / N 9 55 00 W i 51,OD SCALE: P-50' 1 �s PARCEL B" ' 0 N 8T5500"W 151.00' PARCEL A 0 0 m `r V A I m i37.00' N89055100 W 151.00 AVENU E---1- J PCL EX. AREA PROP. AREA A 15,543 13,563 B 15,229 17,209 EXHIBIT •"4" KIRKEBY ENGINEERING 3249 STEVENS CREEK BLVD. SUITE 101 SAN JOSE, CA, 95117 (408) 984-0331 PROP05E0 RMCCEL ,Q PLAT TO ACCOMPANY DESCRIPTION F OR LOT LINE ADJUSTMENT Scale: V= 50' Dote: AF Jo EXHIBIT "A" PROPOSED PARCEL B LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 15 as shown on that certain Map entitled, "Tract No. 597 BIANCHI TERRACE", filed for record in Book 22 of Maps at page 43, Santa Clara County Records, said point being on the northerly line of Vai Avenue as shown on said Map; thence along the easterly line of said Lot 15 North 99.00 feet to the TRUE POINT OF BEGINNING; thence parallel with the said northerly line of Via Avenue S 89°55'00" E 137.00 feet; thence South 99.00 feet to the northerly line of Vai Avenue; thence along said northerly line of Vai Avenue S 89°55'00" E 20.00 feet; thence North 196.00 feet; thence N 89°55'00" W 157.00 feet to a point on the easterly line of said Lot 14 as shown on said Map; thence along said easterly line of Lots 14 and 15 South 97.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land containing 17,209 square feet or 0.395 acres, more or less. a�ONe. Prepared by Marvin D. Kirkeby R.C.E. No. 14001 ;1 W j'1iNo. 14001 f Exp, 3/3�5 Expires 3/31 /2005 .111 .+ �'� F �F __ 66 SCALE: V1150' Po• V A I m N89°55'00"W i51.00 01 PARCEL"B\ P055100" ,137.0o` . . PARCEL "A" cr- i37. oo' o N8905510011W BIN A V E N U E - -' PCL EX. AREA PROP. AREA A 15,543 13,563 B 15,229 17,209 14001 m Ep. 3131M � CIVIL. CA1JF� PROPOSED 10ARal B KIRKEBY ENGINEERING PLAT TO ACCOMPANYm DESCRIPTION Sca: V= 50' C 3249 STEVENS CREEK BLVD. SUITE 101 FOR Date: APRIL& 200 SAN JOSE, CA, 95117 (408) 984-0331 LOT LINE ADJUSTMENT '`°�' o l?- EXHIBIT "A" TRANSFER PARCEL LEGAL DESCRIPTION All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California described as follows: Beginning at the southeasterly corner of Lot 15 as shown on that certain Map entitled, "Tract No. 597 BIANCIR TERRACE", filed for record in Book 22 of Maps at page 43, Santa Clara County Records, said point being on the northerly line of Vai Avenue as shown on said Map; thence along the northerly line of Via Avenue S 89°55'00" E 157.00 feet to the TRUE POINT OF BEGINNING; thence leaving said line North 99.00 feet; thence N 89°55'00" W 20.00 feet; South 99.00 feet to the Northerly line of said Vai Avenue; thence along said Northerly line of Vai Avenue S 89°55'00" E 20.00 feet to the TRUE POINT OF BEGINNING. Said parcel of land containing 1,979 square feet or 0.046 acres, more or less. Prepared by Marvin D. Kirkeby R.C.E. No. 14001 Expires 3/31/2005 Alliance Title PRELIMINARY REPORT ORDER NO. 11053731-278-C ST Coldwell Banker Escrow Branch: 21269 Stevens Creek Blvd.,#210 Cupertino, CA 95014 (408) 861-1050 Fax (408) 861-1060 Escrow Officer: Susan Trujillo/tnb Ref. No: .00 Property Address: 21353 Vai Ave. Cupertino, CA APN: 362-05-013 ARB: 362-05-013 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: CLTA Owner's, ALTA Lender's Dated as of March 25, 2002 at 7:30 a.m. 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: Franklyn E. Wecks and Lois H. Wecks, husband and wife as joint tenants 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. Page No. 2 File No. 11053731-278-C ST 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2002- 2003, a lien not yet due or payable. 2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2001- 2002, a lien, shown as follows: 1 st Installment $513.47 Paid 2nd Installment $513.47 Open Assessor's Parcel No. 362-05-013 Code Area 13-108 Land $22,831.00 IMP $39,825.00 PP NONE Exempt NONE 3. 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. 4. A deed of trust to secure an indebtedness in the original amount shown below, Dated : April 2, 1990 Amount: $27,000.00 Trustor : Franklyn E. Wecks and Lois H. Wecks, husband and wife Trustee : N.A. Mortgage Services, Inc., a California Corporation Beneficiary : American Savings Bank, F.A. Recorded : April 10, 1990 under Recorder's Series No. 10481668 Official Records Address : 410 S. Mathilda Ave., Sunnyvale, CA 94086 Loan No.: 69032878 (Affects herein described and other property) 5. A deed of trust to secure an indebtedness in the original amount shown below, Dated : May 12, 1995 Amount: $125,000.00 Trustor : Franklyn E. Wecks and Lois H. Wecks, husband and wife as joint tenants Trustee : First Santa Clara Corporation Beneficiary : Bank of the West Recorded : May 18, 1995 under Recorder's Series No. 12892678 Official Records Address : 1450 Treat Blvd., Walnut Creek, CA 94596 Loan No.: None Shown (Affects herein described and other property) 6. The property as described herein does not appear to have any access of record to any public street, road or highway. EXHIB11 8 Page No. 3 File No. 11053731-278-C ST NOTES: a. Date last insured: 5-18-95 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. 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 -- NONE f. 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. 11053731-278-C ST 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 distant South 0° 05' East 527.44 feet and East 744.44 feet and North 00 05' West 120.00 feet from an iron pipe set in the center line of Regnart Road at the 1/4 Section corner in the center of Section 23, Township 7 South, Range 2 West, M.D.B. & M., and running thence East 157.0 feet to an iron pipe; thence North 0° 05' West 97.0 feet to an iron pipe; thence West 157.00 feet to an iron pipe; thence South 0° 05' East 97.0 feet to the place of beginning; being a portion of the Southeast 1/4 of Section 23, Township 7 South, Range 2 West, M.D.B. & M. PARCEL TWO: An easement in the uniform width of five (5) feet for the installation and maintenance of a sanitary sewer lateral, over, or across the hereinafter described strip of land as said easement was granted in that certain deed recorded on August 4, 1960 in Book 4876 at page 110 of Official Records, the center line of which is more particularly described as follows: Beginning at the Northeasterly corner of Lot 31, Tract No. 2180, Bianchi Terrace, Unit No. 2, a map of which is filed for record in Book 97 of Maps at page 8, Santa Clara County Records; thence running along the Easterly line of said Lot 31 South 102.00 feet to the Southeasterly corner of said Lot 31. ARB No: 362-05-013 APN No: 362-05-013 AllianceTitle Notice In accordance with Section 1805 & 26131 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to three & 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 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 lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). 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 ($100,000.00). 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 & waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attomey's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction & should not act on any statements made or omitted by the escrow or closing officer. Please call your Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so we may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer. ♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & 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 the parties acquiring title to indicate how they would like to be vested. Alliance Title has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from your Escrow Officer). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise from an Attorney, CPA, or other professional knowledgeable in this area. Privacy Policy for Customers We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. BUBB - _—ROAD °- iiisa •_— ° -- 126.01 17 f.17 179.°3 128.97—_ 25 '� � ,SN N ♦ N Nm �\ — O i I �0 .I. _ p C m N I � C 4 e i hLo ---------------- N O 0 Ci q IDe Z ti N °'D I — m 0 o 4 IW a c' D D x IN---------rn -- --- c N r" w---------------- K ------------ --- - \• t4�y. �_lo2.ci � �V o° a : 0 1 R w �'! 1q•/i I I D A iA i W O --------------- y J2 •• m `N 0 4 �� I _ h D •• • 1 ... W D I O 1 D 1 lw � •• A q ,,, ... 141 ...1_... 149 ... w' 19 17 I(b u y 1 y � �!^ ®-i a it. , Z D r i n o �Im N yy 9, O 4 D ? 1 '76Ct a 132 GL D< '-I 2 D ),.,. y'= \ :• N ..,,03 rrirn to 1.. L ..•\ "m Iro be 1O ,�J Z M N m o �' 2154 01,1 / Z Ilcla � z IOC17 tt r� O01 c�R� •�c idl�pdS _.._..a' 11 m — ---- Z abL-d SONZ9EKV EXHIBIT "A" EMIB11 B 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 1 Coverage. If the issuance of any other type of policy 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. 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 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 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 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 (ii) 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" -continued SXHIE311 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. 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 the estate of interest insured by this policy. 4. 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. AllianceTitle PRELIMINARY REPORT ORDER NO. 11055786-278-C ST Coldwell Banker 21269 Stevens Creek Blvd., 610 Cupertino, CA 95014 Attn.: Jim Carter Escrow Branch: 21269 Stevens Creek Blvd.,#210 Cupertino, CA 95014 (408) 861-1050 Fax (408) 861-1060 Escrow Officer: Susan Trujillo/myl Ref. No: Property Address: 21351 Vai Avenue Cupertino, CA 95014 APN: 362-05-014 ARB: 362-05-014 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: CLTA Owner's, ALTA Lender's Dated as of March 12, 2002 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Franklyn E. Wecks and Lois H. Wecks, husband and wife as joint tenants 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. Page No. 2 File No. 11055786-278-C ST 1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2002- 2003, a lien not yet due or payable. 2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2001- 2002, a lien, shown as follows: 1st Installment $392.67 Paid 2nd Installment $392.67 Open Assessor's Parcel No. 362-05-014 Code Area 13-108 Land $22,831.00 IMP $44,484.00 PP NONE Exempt $7,000.00 3. 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. 4. Rights of the public, if any, over that portion of said land which lies within the bounds of Vai Avenue. 5. 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 For: public utilities Recorded: July 8, 1949 in Book 1815, Page 100, Official Records Affects: Westerly 5 feet of said land 6. A deed of trust to secure an indebtedness in the original amount shown below, Dated : April 2, 1990 Amount: $27,000.00 Trustor : Franklyn E. Wecks and Lois H. Wecks, husband and wife Trustee : N.A. Mortgage Services, Inc., a California Corporation Beneficiary: American Savings Bank, F.A. Recorded : April 10, 1990 under Recorder's Series No. 10481668 Official Records Address : 410 S. Mathilda Ave., Sunnyvale, CA 94086 Loan No.: 69032878 (Affects herein described and other property) 7. A deed of trust to secure an indebtedness in the original amount shown below, Dated : May 12, 1995 Amount: $125,000.00 Trustor : Franklyn E. Wecks and Lois H. Wecks, husband and wife as joint tenants Trustee : First Santa Clara Corporation Beneficiary: Bank of the West Recorded : May 18, 1995 under Recorder's Series No. 12892678 Official Records Address : 1450 Treat Blvd., Walnut Creek, CA 94596 Loan No.: None Shown (Affects herein described and other property) MVU11N1 11 Page No. 3 File No. 11055786-278-C ST NOTES: a. Date last insured: 5-18-95 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. 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 -- NONE f. 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. 11055786-278-C ST 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: Beginning at an iron pipe distant South 0° 05' East 527.44 feet and East 744.44 feet from an iron pipe set in the center line of Regnart Road at the'/4 Section corner in the center of Section 23, Township 7 South, Range 2 West, M.D.B. & M., and running thence East 157.0 feet to an iron pipe; thence North 01 05' West 99.0 feet to an iron pipe; thence West 157.00 feet to an iron pipe; thence South 0° 05' East 99.0 feet to the place of beginning; being a portion of the Southeast'/4 of Section 23, Township 7 South, Range 2 West, M.D.B. & M. ARB No: 362-05-014 APN No: 362-05-014 Alliance Title Notice t In accordance with Section 1805 & 26131 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to three & 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 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 lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500.00). 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 ($100,000.00). 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 & waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attomey's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction & should not act on any statements made or omitted by the escrow or closing officer. Please call your Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so we may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer. ♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & 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 the parties acquiring title to indicate how they would like to be vested. Alliance Title has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from your Escrow Officer). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise from an Attorney, CPA, or other professional knowledgeable in this area. Privacy Policy for Customers We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. W � EXHIB11 B G1 m _F� BUBB - ROAD 126.01 12 o.9T 129.03 12B.97 25 I b , _ I LD t�INm Ci I 60 30, _______ 149 149 147_l9 cz I I m ----174_e3_ ---------------- o ro, cn a I(N Wes: t ______.-___-_ --------------- ' _______________r____________-__ 0 n q_- 100-___ D CA) % 2B' N O a Z b I Z 10 a u ICy ° D 2 wrn O 1O m--------I ---------_-------------~ (V _ (n � I Ob�D~ _I N j- V w QI O a J C-) D 100 ° m v o n-------- m fTl b N h 9, - J I o° 1 Iw N ' 'A N L • 149 ... ..1—... 149 1 m N p9 • 97 107. 01 I!U 0 Ib S b ZJ O M I� M 4 _ H 2 i 149 30 O O 99 97 ...� 't0 ilr D 2 32 L4 ° 37.14 c D Ww\q,. Iti 66 10 ` `3S C �Q 4 o 7 7Z 0�`, Y 41 6 Q 6 Cn� F� �72 J4 O 0] • 1 c z Z l0 j0£IZ N 'tE /ct/Q N' 61'Eb �SO I� `` r IN , W ` •/ s s 29 140 _ Wm r6o N'� o o- I Cn m n EXHIBIT "A" XH I B11 8 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 1 Coverage. If the issuance of any other type of policy 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. 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 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 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 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 (ii) 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" - continued =A HIB11 B 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. 4. 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. 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 -]ending 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. S. (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.