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LLA for Lily Chang, Inc. A California Corporation and W. B. F. Enterprises, LLC-10036 Peninsula Blvd-APN: 326-25-0566RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO: CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 NO FEE IN ACCORDANCE WITH 60V CODE 6103 s j 011, DOCUMENT: 13518235 111111111111111111111111I BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Stewart Title of California Titles:] / Pages: 17 Fees....* No Fees Taxes... Copies.. AMT PAID RDE # 002 11/12/1996 8:00 AM ( SPACE ABOVE THIS LINE FOR RECORDER'S USE) Lot Line Adjustment for 10036 Peninsula Blvd. for Lily Chang, Inc., A California Corporation and W.B.F. Enterprises, LLC DOCUMENT TITLE SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6 RECORDING REQUESTED BY: City of Cupertino RETURN TO: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 LOT LINE ADJUSTMENT PROPERTY OWNERS: Lily Chang, Inc., A California Corporation, as to undivided 1/2 interest and W.B.F. Enterpises, LLC, as to undivided 1/2 interest (Parcels 1 & 2) ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE ADJACENT PARCELS BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO: A request for a lot line adjustment between Parcels 1 and 2, as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer. The City Engineer hereby finds that the lot line adjustment requested is between two or more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater number of parcels than originally existed would not be created. Based on the above facts and findings and by the authority of Section 18-1.202.3C 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 23 day of ©CA, 1996. BERT VISKOVICH CITY ENGINEER CITY OF CUPERTINO 1996 By. EXHIBIT A D E S C R I P T I O N O F E X I S T I N G P AR C E L 1 APN 326-25-018 All that certain real property situated in County of Santa Clara, State of California, 11, Block 3, as shown upon that certain Map VISTA FIRST ADDITION", which Map was filed of the Recorder of said County and State on of Maps at Page 23. October 7, 1996 the City of Cupertino, being all of Lot 10 and entitled "MAP OF MONTA for record in the Office April 11, 1917 in Book P �/�pFESSIA! a. Hqh Fl 2rn m "' No. CI3318 Fxo:3-3 OF C DESCRIPTION OF PROPOSED PARCEL 1 EXHIBIT A APN 326-25-018 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 10 and a portion of Lot 11, Block 3, as shown upon that certain Map enti- tled "MAP OF MONTA VISTA FIRST ADDITION", which map was filed for record in the Office of the Recorder of said County and State on April 11, 1917 in Book P of Maps at Page 23; AND a portion of Peninsula Avenue (formerly Boulevard), more particularly described as follows: Beginning at a point of cusp on the northeasterly line of said Peninsula Avenue at the southerly corner common to Lots 9 and 10, Block 3 of said Map; thence along the dividing line between said Lots, N38'41'02"E 100.00 feet to the northerly corner common to said Lots; thence along a non -tangent curve to the left having a radius of 487 feet, along the northeasterly line of Lots 10 and 11, Block 3 (a radial line of said curve through said point bearing N39'09'49"E) through a central angle of 3°44'19" an aarc length of 31.78 feet (a radial line of said curve through said point bearing N35°25'30"E); thence leaving said line non -tangentially and parallel with the dividing line between Lots 12 and 13, Block 3 of said Map, S30'42'30"W 106.30 feet to a point on the northeasterly line of Peninsula Avenue; thence along a non -tangent curve to the left having a radius of 248 feet (a radial line of said curve through said point bearing S49"37'01"W) through a central angle of 10°48'43" an arc length of 46.80 feet to the point of beginning (a radial line of said curve through said point bearing S38'48'18"W). Containing 3963 square feet, more or less. Date: October 7, 1996 �RpF�SS/C,y� w� �• Hq �F z O T+ rn "' No. c133U a _A,. Exp:3-31-1e7 OF CAXX EXHIBIT A D E S C R 2 P T 2 ON O F E X I S T I N G PAR C E L 2 APN 326-25-017 All that certain real property situated in.the City of Cupertino, County of Santa Clara, State of California, being all of Lot 12, Block 3, as shown upon that certain Map entitled "MAP OF MONTA VISTA FIRST ADDITION" which Map was filed for record in the Office of the Recorder of said County and State on April 11, 1917 in Book P of Maps at Page 23. October 7, 1996 SSIayq Hq9�E,j� cr, c rn u' No. C1331a Z Exo: 3-3 _ 'Civ% OF C1 DESCRIPTION OF PROPOSED PARCEL 2 EXHIBIT AAPN 326-25-017 All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 12 and a portion of Lot 11, Block 3, as shown upon that certain Map enti- tled "MAP OF MONTA VISTA FIRST ADDITION", which Map was filed for record on April 11, 1917 in Book P of Maps at Page 23; AND a portion of Peninsula Avenue (formerly Boulevard), more particularly des- cribed as follows: Beginning at a point on the northeasterly line of said Penin- sula Avenue distant S30"42'30"W 20.11 feet from the southerly corner common to Lots 12 and 13, Block 3 of said Map; thence along the dividing line between said lots 11 and 12 and the southwesterly prolongation thereof, N30'42'30"E 120.11 feet to the most easterly corner of said Lot 12, Block 3; thence along a non -tangent curve to the right having a radius of 487 feet along the northeasterly line of Lots 11 and 12 (a radial line of said curve through said point bearing N31°13'20"E) through a central angle of 4°12'10" an arc length of 35.72 feet (a radial line of said curve through said point bearing N35°25'30"E); thence leaving said curve non -tangentially and parallel with the aforesaid dividing line between Lots 12 and 13, Block 3, S30"42'30"W 106.30 feet to a point on the northeasterly line of Peninsula Avenue; thence along a non -tangent curve to the right having a radius of 248 feet (a radial line of said curve through said point bearing S49'37'01"W) through a central angle of 8'59'26" an arc length of 38.92 feet to the point of beginning (a radial line of said curve through said point bearing S58-36'27"W). Containing 4011 square feet, more or less. Date: October 7, 1996 �gprESSlpt�� Nil G:J y rn ��. "' No. C13318 � zo Of T. Lo�9 m -1 - L= 31.78 LUt to Loi PAR C EL 1 3 9 63 ± SQ�.FT C4s.3 _cu z EXHIBIT A R =4e7 G � I q.' j2, r.1 It Lot' 12 PAR C EL2 V 40111 SQ.�T O I � i� I l> 1 587 i 4 2 P E � F7� E X H B 1 T B ��3� U PLAN' of PARCEL MERGER LOT 9�s�. zw LINE ADTU5TMlEti17 ►NVOLVIN C LOTS 10, 111 12 -SLOCk 3 OF"MAP OF MOf4 TA VISTA ��- FIRS T ADDI-1109" P of MAPS -PAGE 23 e V�17 A PARTO� PEW95ULA AVERUE• y t et w tlo. C13313 � � Qj 41 ter r 0-3 pjj X_Z4 4 V I . cq Lu C ITY OF CUPERT INO" CA. SCALE_: I"= 20 ' OCT. 19e PROPERTY ADDRESS: 10036 PENINSULA BLVD CUPERTINO, CA Issued at the request of: LILY CHANG, INC 10090 PENINSULA BLVD CUPERTINO, CA 95014 (AFFECTS 2) STEWART TITLE of California PRELIMINARY REPORT Attention: Lily Chang Telephone No. (408)'261-6288 BUYER/BORROWER NAME: EXHIBIT B STEWART TITLE OF CALIFORNIA 2055 Gateway Place Ste 150 San Jose, CA 95110 (408)456-9200 (408)456-9020 FAX Our Order No. 39248011 When replying please contact Title Officer: Noreen M. Wright In response to the above referenced application for a policy of title insurance, STEWART TITLE GUARANTY COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not 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 HERETO) IS ISSUED 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. Noreen M. Wright, Title Officer CLTA PRELIMINARY REPORT (Effective 1-1-95) Order No. 39248011 EXHIBIT IB SCHEDULE A Dated as of: June 20, 1996 at 7:30 A.M. The form of policy of title insurance contemplated by this report is: 1) California Land Title Association Standard Coverage Policy - 1990 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: LILY CHANG, INC., A California Corporation, as to an undivided 1/2 interest and W.B.F. ENTERPRISES, LLC,._as to an undivided 1/2 interest The land referred to in this report is situated in the City of Cupertino County of Santa Clara, State of California and is described as follows: PARCEL ONE: LOTS 10, 11, Block 3, as shown upon that certain Map entitled, "Map of Monta Vista First Addition", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 In Book P of Maps at Page 23. APN 326-25-018 PARCEL TWO: LOTS 12, Block 3, as shown upon that certain Map entitled, "Map of Monta Vista First Addition", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917 In Book P of Maps at Page 23. APN 326-25-017 COMMONLY KNOWN AS: 10036 PENINSULA BLVD (AFFECTS PARCEL 2) CUPERTINO, CA SCHEDULE A CLTA PRELIMINARY REPORT (REV. 1-1-95) Order No. 39248011 SCHEDULE B EXHIBIT B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions in a Policy of Title Insurance are as follows: 1. General and Special City and/or County taxes, including any assessments collected with taxes, to be levied for the fiscal year 1996 - 1997 which are a lien not yet payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 3. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount $125,000.00 Dated June 10, 1996 Trustor Lily Chang, Inc., A California Corporation as to an undivided 1/2 interest and W.B.F. Enterprise, LLC, as to an undivided 1/2 interest Trustee The Pacific Bank, N.A. Beneficiary The Pacific Bank, N.A. Loan No. None shown Recorded June 20, 1996, under Serial No. 13338664 Official Records NOTE: 1. General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1995-1996 1st Installment: $378.91 PAID 2nd Installment: $378.91 PAID Land $69,821.00 Improvements $NONE Exemption $NONE Code Area 13017 Assessment No. 326-25-017 (AFFECTS PARCEL TWO) 2. General and Special -City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 1995-1996 1st Installment: $890.85 PAID 2nd Installment: $890.85 PAID Land $140,000.00 Improvements $ 1,000.00 Exemption $NONE Code Area 13017 Assessment No. 326-25-018 (AFFECTS PARCEL ONE) 3. There are no conveyances affecting said land recorded within SCHEDULE a Continued on next page CLTA PRELIMINARY REPORT (REV. 1-1-95) -1 STEWART TITLE GUARANTY COMPANY -SCHEDULE "B" CONTINUED: Order No. 39248011 EXHIBIT B NOTE (Continued): two (2) years of the date of this report, except the following: Grantor : Sheena L. Chang, a married woman as her sole and separate property Grantee : Lily Chang, Inc. A California Corporation, as to an undivided 1/2 Interest; and W.B.F. Enterprise, LLC, as to an undivided 1/2 interest Recorded: June 20, 1996 under Serial No. 13338663 Official Records 4. Short Term Rate: YES 5. Effective January 1, 1990, California Insurance Code Section 12413.1 (Chapter 598, Statutes of 1989) prohibits a title insurance company, controlled escrow company, or underwritten title company from disbursing funds from an escrow or sub -escrow account, (except for funds deposited by WIRE TRANSFER or ELECTRONIC PAYMENT) until the day those funds are made available to the depositor pursuant to Part 229 of Title 12 of the Code of Federal Regulations, (REG.CC). Items such as CASHIER'S , CERTIFIED OR TELLERS CHECKS may by available for disbursement on the business day following the business day of deposit, however, other forms of deposits may cause extended delays in closing the escrow or sub -escrow. STEWART TITLE will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by State law. 6. The issuance of this report may be conditioned upon payment of a Cancellation Fee if a Policy of Title Insurance is not issued in connection with this order. Said fee shall be in an amount not less than the minimum charge set forth in the filed rate schedule, and is a required charge pursuant to Section 12404.1 of the Insurance Code of the State of California. 7. Effective July 1, 1994-all documents to be recorded in California must conform to the following: (a) As used in Section 27361, a page shall be one printed side of a single piece of paper being 8 1/2 inches by 11 inches. (b) A sheet shall be one printed side of a single piece of paper which is not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by 14 inches. Continued on next page -2- SCHEDULE "B" CONTINUED: Order No. 39248011 EXHIBIT B If a page or sheet does not conform to the dimensions of 8 1/2 inches by 11 inches, the recorder shall charge $3.00 extra per page or sheet of the document. These charges are pursuant to Government Code Sections 27201, 27361 and 27361.5 (Cal. Stats. 1992, c. 87 (a.A.), Section 4, operative July 1, 1994). KLW/jy 07-01-96 -3- CLTA Preliminary Report Form EXHIBIT "A" (Rev. 1-19-91) CALIFORNIA LAND TT U ASSOCIATION EXHOT STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulations (including but not limited to building or zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter .erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrances 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 excercise 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 (a) resulting in loss or damage which would not have been sustained if the insured claimant has paid value for the insured mortgage or for the estate or interest insured by this policy. 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 the 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 of 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 -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: PART I 1. Taxes or assessment 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 fact& Rights interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIAT10N RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) . EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorney's 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. (List of Printed Exceptions and Exclusions Continued on Next Pagel STEWART TITLE (=•�-�+ � rmm�anv EXHIBIT A (Continued) 2 The right to take the land by condemning it unless: EXHIBIT B 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, 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 Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A - OR - in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title' Ristts.- AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly exluded from the coverage of this policy and the company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect lien or encumbrances 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. Z Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in writing to the company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessment for street improvement under construction or completed at date of policy); or (a) resulting in loss or damage which would not have been sustained if the insured claimant has 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 th& lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured 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 mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest in the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such record"tion to impart notice to a purchaser for value or a judgment or lien creditor. the above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions. (List of Printed Exceptions and Exclusions Continued on Next Page) STEWART TITLE Guaranty Company Page 2 EXCEPTIONS FROM COVERAGE EXHIBIT B This policy does not insure against loss or damage (and the Company will not pay costs, alto ney s Teas or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of -which the land is or was a part; (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 occured 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 has 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 60 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. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. STEWART TITLE Guaranty Company Page 3 EXHIBIT B OQ r 01 o 19 ` ` \ �p N '�� to z Q�� .Ap rs' C's )i' Cu IOf— i� I wi l O N 'J� �� � q,.'.\�• 1 ,�4 `\ � ^�D \ a � Oati yy�p Gj •.,\ "i• A • �` tip . \ 440 �y N m c IW �� �, AL. \�1Y vti"�d �, •�1 Z� \\ O rtio .7 r i 4, 0 O I�d6�; p° I�... •ni .Zy �`.•'�D QL�` ndW� i IN)q e 3� •.. q °� • locos nm zz .� -- \..--.. __4Al.HAMBRA — m os o to COw e V O . z m HWY. 85 � WEST VALLEY FREEWAY OJ / X. W'm Nx m � 0 N; Vt^ ,A co c E o: c � � m c0 U 0 U p� L a t 0 0 •p 0 0 C a. ORIGINALEXHIBIT El 4 /b/•o! 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