LLA: Lotus Dvlp & Construction, Inc. & Ishwar prasad Murarka and Ragini Shah Murarka - 10456 & 10116 San Fernando Ave, APNs: 357-12-059, 357-12-06312680410
� compared with the c&fnall'.i►LE�D FO� c�ECaRD
5�tM�q�.�`' FEE ROULST 0r
10300 Torre iL
Cupertino, CA 95014NO FEE IN ACCORDANCE SANTA CLARA LAN10 TITLE
WITH 60V CODE 610300C T_ 7 ! :
IM LIlW AnJUSMM W
P143PERPY CWHERS: Ictus Develcpnmt and , Iryc ; `A &*bm. a; 0 U � j T`"Y
Carporaticn (Parcel A) ; L-lbar Prasad Mtsarisa and' c J
Itagini Shah 1��rka, as co -trustees of the Mmmrka
1994 living trust (Parcel B)
ACTION BY THE CITY ENGINEER APPROV.IIdG A LOT LINE
ADJUSTT= BEIWEEN 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
18-1.202.3C 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 that specified on the preliminary
title report designated on Exhibit "B" and attached hereto, occurs prior
to the recordation of the grant deed conveying the real property in
conformity to Exhibit "A".
Approved this day of 1994.
11/94
EXHIBIT A
PARCEL A
(LOT 1, EXISTING CONFIGURATION)
All of Lot 1 as shown on that certain Tract map entitled "Tract No. 8585"
recorded in Book 649 of maps at pages 41 and 42, Santa Clara County Records
and described as follows:
BEGINNING at the Northeasterly corner o; said Lot 1, thence along the
Easterly line of said Lot, S00008'40 " W 86.80 feet; thence N89051120 " W
85.00 feet; thence N76028'18 " W 45.15 feet to a point of cusp; thence along
a non -tangent curve to the right with an initial tangent of N05055'06" E
with a radius of 215.00 feet, an internal angle of 06000'15", and a length
of 22.53 feet to a point of reverse curvature; thence along a curve to the
left with a radius of 265.00 feet, an internal angle of 1104641", and a
length of 54.47 feet to the Northwesterly corner of Lot 1; thence along the
Northerly line of said Lot, S89051'20 " E 119.91 feet to the point of
BEGINNING.
Consisting of 10,539 square feet and lying within the limits of
incorporation of the City of Cupertino, California.
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EXHIBIT A
PARCEL A
(LOT 1, PROPOSED CONFIGURATION)
A portion of Lot 1 as shown on that certain Tract map entitled "Tract No.
8585" recorded in Book 649 of maps at pages 41 and 42, Santa Clara County
Records and described as follows:
BEGINNING at the Northeasterly corner of said Lot 1, thence along .the
Easterly line of said Lot, S00008'40 " W 2.71 feet to the TRUE POINT OF
BEGINNING; thence from said point S00008'40 " W 84.09 feet; thence
N89051'00 "W 85.00 feet; thence N76028'18" W 45.15 feet to a point of cusp;
thence along a non -tangent curve to the right with an initial tangent of
N05055'06" E with a radius of 215.00 feet, an internal angle of 06000'15",
and a length of 22.53 feet to a point of reverse curvature; thence along a
curve to the left with a radius of 265.00 feet, an internal angle of
11011'32", and a length of 51.76 feet to a point on curve; thence leaving
said curve S89051'20 " E 119.92 feet to the TRUE POINT OF BEGINNING.
Consisting of 10,214 square feet and lying within the limits of
incorporation of the City of Cupertino, California.
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EXHIBIT A
PARCEL B
(LANDS OF MURARKA, N524 OR PG 256)
(EXISTING CONFIGURATION)
A portion of that certain Lot as described in Deed recorded in Book N524
Official Records, at page 256, Santa Clara County Records and described as
follows:
BEGINNING at the Southeasterly corner of said Lot, thence along the
Southerly line of said Lot, West 145.00 feet to the Southwest corner of said
Lot; thence North 60.00 feet to the Northwest corner of said Lot; thence
East 145.00 feet to the Northeast corner of said Lot; thence South 60.00
feet to the point of BEGINNING.
Consisting of 8,700 square feet and lying within the limits of incorporation
of the City of Cupertino, California.
Q%)VESSIpN�
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9 ,P,V
EXHIBIT A
PARCEL B
(LANDS OF MURARKA, N524 OR PG 256)
(PROPOSED CONFIGURATION)
All of the lands,of Murarka as said parcel is described in the Deed recorded
in Book N524 Official Records at page 256 and a portion of Lot 1 as shown on
that certain Tract Map entitled "Tract No. '8585" recorded in Book 649 of
maps, at pages 41 and 42, Santa Clara County Records and described as
follows:
BEGINNING at the Northeasterly corner of said Lot 1, thence along the
Easterly line of said Lot 1, S00008'40 " W 2.71; thence from said point
N89051'20 " W 119.92 feet to a point of cusp; thence along a non -tangent
curve with an initial tangent of N00043'49" W with a radius of 265.00 feet,
an internal angle of 00035'09" and a length of 2.71 feet to a point of
tangency in the Southerly line of the above mentioned lands of Murarka;
thence along said Southerly line West 25.09 feet to the Southwesterly Corner
of said lot; thence North 60.00 feet to the Northwesterly corner of said
lot; thence along the Northerly line East 145.00 feet to the Northeasterly
corner; thence along the Easterly line of said Lot South 60.00 feet to the
POINT OF BEGINNING.
Consisting of 9,025 square feet and lying within the limits of incorporation
of the City of Cupertino, California.
EXHIBIT A
6 7
P
( A = 11'46'41")
(R = 265.00') -
�.� L = 06*00'15" (L = 54.47')
R = 215.00'
L = 22.53'
i
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R: N84'04'54"W' 1 1 '32" L '51
N76'28'18"W
45.15' �
PARCEL A
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LOT 1
TRACT NO. 8585 N
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10,539 SQ. FT. (EX.) vODi
10,214 SQ. FT.,PROPOSED
2.71' -1
(86.80')
84.09'
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'ESQUE
1' • "
HUFFMAN
9 — DISTINCTIVE BORDER LINE
NEW PROPERTY LINE
-- —� —� — EXISTING PROPERTY LINE
YU EN
EASEMENT PER SOLE: 1' = 30'
BK. M802
OR PG.346
SA14/ FERNANDO
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AVENUE
SOUTH
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60.00'
1ci
EASEMENT PER
\ BK. K690
OR PG.1983
PARCEL TO BE
= 00'35'09"
VACATED BY THE
—R = 265.00'
CITY OF CUPERTINO
L — 2 71'
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VOL. 7 OF MAPS
tNo;MURARKA PAGE 14
lco BK. N524
OR, PG 256 Ld
8,700 SQ. FT. EX.
(9,025 SQ. FT. PROPOSED
J (60.00')
1,� 62.71' 1
NORTH
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PLAT FOR A LOT LINE 'ADJUSTMENT
ALL OF LOT 1 OF TRACT 8585 AS RECORDED
IN BK. 649, PAGES 41 do 42, AND A PORTION
OF THAT CERTAIN LOT AS DESCRIBED IN BK.
N524 O.R. PAGE 256, SANTA CLARA COUNTY
RECORDS.
EXHIBIT B
Santa ( ] 701 MILLER STREET, AT TAYLOR, SAN JOSE, CA 95110............(4C8) 288-,3CC
C!a fa T'tie [ ] 314 SARATOGA AVENUE, LOS GATOS, CA 95030....................I408) �95-'C
Land ( ] 4020 MOORPARK AVENUE, SUITE 116, SAN JOSE, CA 95117.........(4C8) 985-d120
[ J 700 SOUTH BERNARDO AVENUE, SUNNYVALE, CA 94087..............(408) 733-5591
Company
[ ] 1475 SOUTH BANTOM O ROAD,
SUITE 104, , LOS AL, CA 95008. 2 ....(415) 949-0104
( ] 419 S0. SAN ANTON[0 ROAD, SUITE 106, LOS ALTOS, CA 94022....(415) 949-G810
[ 1 2600 EL CAMINO REAL, SUITE 100, PALO ALTO, CA 94306.........(415) 858-1281
20355 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014..........(408) 252-0600
((j 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS, CA 95035..........(408) 263-2555
( ] 6155 ALMADEN EXPRESSWAY, SUITE 350, SAN JOSE, CA 95120......(408) 268-9733
( ] 1622 E. CAPITOL EXPRESSWAY, SAN JOSE, CA 95121..............(408) 238-1133
[ ] 1303 JACKLIN ROAD, MILPITAS, CA 95035 .......................(408) 946-4101
[ ] 20458 SLAUER DRIVE, SARATOGA, CA 95070 ......................(408) 867-2500
[ ] 1475 SOUTH BASCOM AVE., SUITE 107, CAMPBELL, CA 95008.......(408) 369-0104
( ] 525 UNIVERSITY AVENUE, SUITE 101, PALO ALTO, CA 94301.......(415) 328-72GO
PRELINKNARY REPORT
Lotus Development & Construction, Inc.
Attn: Barre Barnes
1072 S.Saratoga—Sunnyvale Rd. B1dg.A107
San Jose, California
Property Address: 10456 San Fernando Oaks
Cupertino, California
IMPORTANT
WHEN REPLYINGREFERTO
OFFICECU 90650EEpVE
OUR NO.
YOUR NO
ESCROW OFFICER.: Linda Bentson
TITLE OFFICER: Robert Ferrie/bh
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. Copies of the Policy forms should be read. They are available from the office which issued this report.
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 TA STAND � COVERAGE POLICY
September 3 93 --k
Dated as of 19 at 1:30 a.m. J —�'NW�_ Title Officer
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:
LOTUS DEVELOPMENT AND CONSTRUCTION, INC., A CALIFORNIA CORPORATION
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would
he those as shown on the following pages.
EXHIBIT
F:
CU 90650-1
Page 2
1. TAXES for the fiscal year 1993-94, a lien, not yet due or payable:
2. "The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and
Taxation Code of the State of California.
3. Right to divert the water of Stevens Creek and rights of way for pipe
lines, together with the right of ingress and egress over and across
premises, as granted by G.J. Byrne, et ux, to S. F. Leig, by deed dated
January 27, 1894 and recorded January 29, 1894 in Book 166 of Deeds, at
page 410.
4. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of : Water Works of Monta Vista, LTD., a California
corporation
For : laying, maintaining, removing and/or replacing with a
larger main, a water main
Recorded : February 4, 1949 in Book 1741, Page 172,
Official Records
Affects : A strip of land 20 feet wide, lying 10 feet on each
side of the following described center line --
Beginning at a point on the Southerly line of Tract No. 198, Stevens Creek
Subdivision Map No. 3 as filed in Book 7 of Maps, page 14, Santa Clara
County Records, said point being due West 275.00 feet from the center line
of Byrne Avenue, said point also being due East 20.00 feet from the center
line of San Fernando Avenue at its present Southerly terminus; thence due
South parallel to and 20.00 feet distant Easterly from the Southerly
prolongation of the center line of San Fernando Avenue a distance of 313.20
feet, more or less, to the Northerly line of land as conveyed by Cipriano
Damico to Chester Damico by deed recorded December 22, 1932 in Book 634,
page 479, Official Records, Santa Clara County Records, said Northerly line
of land of Dominico being the Northerly line of Lot X of the Colony Tract
as recorded in Book P of Maps, page 21, Santa Clara County Records.
5. An agreement, affecting said land, for the purposes, stated herein, upon
the terms, covenants and conditions referred to therein, between the
parties named herein
For : Reciprocal Dedication Agreement
Dated : June 19, 1991
Executed by : The First Baptist Church of Monta Vista and Nitin
Parekh; Alka Parekh; Yeshwant D. Mehta and Ila Y. Mehta
Recorded : June 21, 1991 in Book L 758, Page 0025,
Official Records.
Reference to the records is hereby made for further particulars.
EXHIBIT B
CU 90650-1
Page 3
6. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes, shown or dedicated by the map herein
referred to:
(A) For : Public Utility Easement
Affects : 10' from San Fernando Avenue
(B) For : Conservation Easement
Affects : as shown on the filed map
7. Provisions, herein recited, of the dedication statement on the map of the
tract shown below --
Tract : 8585
Provisions : There is also shown on the herein Map, easements for
tree conservation purposes over those certain strips of
land designated and delineated as "C.E." (Conservation
Easement) for the preservation of specimen trees. The
maintenance of said trees within said easements shall
be the responsibility of the lot owner whose lot
contains said tree and easement.
We further hereby grant to the City of Cupertino a "Right of Reasonable
Access" to and from the above said Conservation Easement for inspection
purposes by city staff.
8. Covenants, Conditions and Restrictions in a Declaration of Restrictions,
which provide that a violation thereof shall not defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for value.
Said covenants, conditions and restrictions do not provide for reversion of
title in the event of a breach thereof. Restrictions, if any, based upon
race, color or creed are deleted.
Recorded August 17, 1993 in Book M947, page 863, Official
Records
Reference to the records is hereby made for further particulars.
9. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated June 1, 1993
Amount $200,000.00
Trustor Lotus Development and Construction, Inc.
Trustee Old Republic Title Company, a California corporation
Beneficiary : Atherton Financial Corp., a California corporation
Recorded : September 3, 1993 in Book M983, Page 1162,
Official Records
Address : P. 0. Box 3683, Stanford, CA 94309
Loan No. : None shown
EXHIBIT B
CU 90650-1
Page 4
10. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated : June 1, 1993
Amount : $200,000.00
Trustor : Lotus Development and Construction, Inc.
Trustee : Old Republic Title Company, a California corporation
Beneficiary : Atherton Financial Corp., a California corporation
Recorded : September 3, 1993 in Book M983, Page 1169,
Official Records
Address : P. 0. Box 3683, Stanford, CA 94309
Loan No. : None shown
The above deed of trust was subordinated to the lien of the deed of trust
recorded September 3, 1993 in Book M983, Page 1162, Official Records
by an instrument,
Executed by : Lotus Development and Construction, Inc., a California
corporation
Recorded : September 3, 1993 in Book M983, Page 1165,
Official Records
11. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated : June 1, 1993
Amount : $140,000.00
Trustor : Lotus Development and Construction, Inc.
Trustee : Old Republic Title Company, a California corporation
Beneficiary : Atherton Financial Corp., a California corporation
Recorded : September 3, 1993 in Book M983, Page 1176
Official Records
Address : P. 0. Box 3683, Stanford, CA 94309
Loan No. : None shown
The above deed of trust was subordinated to the lien of the deed of trust
recorded September 3, 1993 in Book M983, Page 1162 and recorded September
3, 1993 in Book M983, page 1169, Official Records
by an instrument,
Executed by : Lotus Development and Construction, Inc., a California
corporation and Atherton Financial Corp., a California
corporation
Recorded : September 3, 1993 in Book M983, Page 1172,
Official Records
EXHIBIT B
CU 90650-1
Page 5
12. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts
provided therein,
Dated
: August 23, 1993
Amount
: $67,500.00
Trustor
: Lotus Development and Construction, Inc., a California
Trustee
: Santa Clara Land Title Company, a California
corporation
Beneficiary
: First Baptist Church of Mountain View
Recorded
September 3, 1993 in Book M983, Page 1183,
Official Records
Address
2050 Miramonte Ave., Mountain View, CA 94040
Loan No.
None shown
The above deed of
trust was subordinated to the lien of the deed of trust
recorded September
3, 1993 in Book M983, Page 1162 and recorded September
3, 1993 in Book M983, page 1169, and September 3, 1993 in Book M983, page
1176, Official Records
by an instrument,
Executed by
: Lotus Development and Construction, Inc., a California
corporation and First Baptis Church of Mountain View
Recorded
: September 3, 1993 in Book M983, Page 1179,
Official Records
NOTES:
a. 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.
b. 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.
c. No endorsement issued in connection with the policy and relating to
covenants, conditions or restrictions provides coverage for environmental
protection.
d. According to the public records, no Deeds conveying the property
described in this report have been recorded within a period of two (2)
years prior to the date of this report, except as shown herein --
Grantor 1st Baptist Church of Monta Vista, a California
corporation
Grantee Leonard F. Borello, a married man, as sole and
separate property, and Dick J. Randall, a married
man, as sole and separate property
Recorded September 3, 1993 in Book M983, page 1153
EXHIBIT B
CU 90650-1
Page 6
Official Records.
e. TAXES for the fiscal year 1992-93, a lien, shown as follows:
1st Installment $447.46 Paid
2nd Installment $447.46 Paid
Assessor's Parcel No. 357-12-048 Code Area 13-171
Land $43,188 IMP $172,984 PP $23,533 Exemp $239,705
f. Supplemental taxes for the fiscal year 1991-92 assessed pursuant to the
provisions of Chapter 498, Statutes of 1983 of the State of California, a
lien shown as follows:
1st Installment $5,577.93 Paid
2nd Installment $5,577.93 Paid
Assessor's Parcel No. 357-12-048-11 Code Area 13-171
Land $956,812.00 IMP $99,516.00 PP NONE Exemp NONE
Date Last Insured: 09-03-93
EXHIBIT B
LEGAL DESCRIPTION: "SCHEDULE V CU 90650-1
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
Lots 1, as shown on that certain Map of Tract 8585, which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of
California on August 17, 1993 in Book 649 of Maps, at pages 41 and 42.
ARB No.
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EXHIBIT B
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EXHIBIT B
EXHIBIT W
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
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning taws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (i) the character,
dimensions or locations of any improvement now or hereafter erected on the land; (W) 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 cWmant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability
or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land
is situated. _
Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by
the insured mortgage and is based upon usury or any consumer credit protection or trutttinaending 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.
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
W the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or
Q) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or
00 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 B
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
estricting, regulating, prohibiting or relating to () the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or locations of
any improvement now or hereafter erected on the land; (i) 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 (ro) 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.
3
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
,ny 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 truth4nr4ending 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.
3. (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.
EXHIBIT B
1 1 701 MILLER STREET, AT TAYLOR. SAN JOSE. CA 95110
1 1 314 SARATOGA AVENUE, LOS GLTOS, CA 95030
yenta
an g Title
Company
114020 MOORPARK AVENUE, SUITE 116. SAN JOSE, CA 95117
1 1 7� SOUTH B ASCOMO AVENUE.104,SUNNYVALE, CA 94087
I I I475 SOUTH BASCOM AVE., SUITE I04, CAMPBELL, CA 95008
9
203 SO. SAN ANTONIO
REE ROAD, SUITE .0 LOS ALTOS, CA 94022
jpj 20355 STEVENS CREEK BOULEVARD, CUPERTINO, CA 95014
X 1231 SOUTH PARK VICTORIA DRIVE, MILPITAS, CA 95035
I 16155 ALMADEN EXPRESSWAY, SUITE 350, SAN JOSE. CA 95120
I 11622 E. CAPITOL EXPRESSWAY, SAN JOSE, CA 95121
I 11303 JACKLIN ROAD, MILPITAS, CA 9W35
1 120458 BLAUER DRIVE, SARATOGA. CA 95070
1 11475 SOUTH BASCOM AVE., SUITE 107, CAMPBELL, CA 95008
1 14030 MOORPARK AVENUE, SUITE 221, SAN JOSE, CA 95117
1 1 525 UNIVERSITY AVENUE. SUITE 104, PALO ALTO, CA 94301
PRELIMINARY REPORT
IMPORTANT
WHEN REPLYING REFER TO
Nelson Engineering OFFICE NOTED ABOVE
Attn: Morrie OUR NO. CU 100285
YOUR NO.
ESCROW OFFICER: Linda Bentson
TITLE OFFICER: Al Pielenz/bh
Property Address: 10446 San Fernando Avenue
Cupertino, California- 95014
(408)288.7800
(408) 395-7077
(408) 9854120
(408) 733.5591
(408) 371-0104
(415) 949-0870
(408) 252-0600
(408) 263-2555
(408)268-9733
(408)238-1133
(408) 946.4101
(408)867-2500
(408) 369-0104
(408) 246-6175
(415)328-7200
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. Copies of the
Policy forms should be read. They are available from the office which issued this report.
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 STANDARD/ALTA LOAN .POLICY
Dated as of September 12 . 19 94 , at 7:30 am. >
Title Officer
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:
ISHWAR PRASAD MURARKA AND RAGINI SHAH MURARKA, AS CO —TRUSTEES OF THE MURARKA 1994
LIVING TRUST
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.
EXHIBIT B
CU 100285
Page 2
1. Taxes for the fiscal year 1994-95, a lien, not yet due or payable.
1st Installment $3,335.57 OPEN
2nd Installment $3,335.57 OPEN
Assessor's Parcel No. 357-12-051 Code Area 13-171
Land $271,700 IMP $345,800 PP $0 Exemp $7,000
2. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5, (commencing with Section 75) to the Revenue and
Taxation Code of the State of California.
3. Right to divert the water of Stevens Creek and rights of way for pipe
lines, together with the right of ingress and egress over and across
premises, as granted by G.J. Byrne, et ux, to S.F. Leig, by deed dated
January 27, 1894 and recorded January 29, 1894 in Book 166 of Deeds, at
page 410.
4. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of : Water Works of Monta Vista, Ltd., a California
corporation
For : laying, maintaining, removing and/or replacing with a
larger main, a water main
Recorded : February 4, 1949 in Book 1741, Page 172,
Official Records
Affects : a strip of land 20 feet, lying 10 feet on each side of
the following described center line --
Beginning at a point on the Southerly line of Tract No. 198, Stevens Creek
Subdivision Map No. 3 as filed in Book 7 of Maps, page 14, Santa Clara
County Records, said point being due West 275.00 feet from the center line
of Byrne Avenue, said point also being due East 20.00 feet from the center
line of San Fernando Avenue at its present Southerly terminus; thence due
South parallel to and 20.00 feet distant Easterly from the Southerly
prolongation of the center line of San Fernando Avenue a distance of 313.20
feet, more or less, to the Northerly line of land as conveyed by Cipriano
Damico to Chester Damico by deed recorded December 22, 1932 in Book 634,
Page 479, Official Records, Santa Clara County Records, said Northerly line
of land of Dominico being the Northerly line of Lot X of the Colony Tract
as recorded in Book P of Maps, Page 21, Santa Clara County Records.
5. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes,
In Favor Of : City of Cupertino
For : public roadway purposes
Recorded September 22, 1988 in Book K 690, Page 1983,
Official Records
Affects : a portion of Parcel 3 as said parcel exists in'Book
8842 Official Records at page 118, Santa Clara County
Recorders Office; said portion more particularly
described as follows--
EXHIBIT
CU 100285
Page 3
Beginning at the Southwest corner of Lot 40 as shown on the Map of Tract
No. 198 which is filed in Book 7 of Maps, at page 14, Santa Clara County
Records.
Thence on a curve to the left along a radial bearing South 56° 26' 34"
West, the radius being 30.00 feet, subtending a central angle of 123° 33'
27", an arc length of 64.69 feet to the Westerly line of said Parcel 3 as
described in said deed of trust; Thence along said Westerly line North
46.58 feet to the Southerly line of said tract; thence along said Southerly
line East 25.00 feet to the point of beginning.
6. An Agreement, affecting said land, for the purposes stated herein and
subject to the terms, covenants, conditions, restrictions, and easements,
if any, contained therein
For : Reciprocal Dedication Agreement
Dated : June 19, 1991
Executed by : First Baptist Church of Monta Vista and Nitin Parekh;
Alka Parekh; Yeshwant D. Mehta and Ila Y. Mehta
Recorded : June 21, 1991 in Book L 758, Page 0025,
Official Records.
7. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated : July 15, 1992
Amount : $530,000.00
Trustor : Ishwar P. Murarka and Ragini S. Murarka, husband and
wife
Trustee : DSL Service Company, a California corporation
Beneficiary : Downey Savings and Loan Association
Recorded : July 24, 1992 in Book M 296, Page 0559,
Official Records
Address : P. 0. Box 6000, Newport Beach, CA 92660
Loan No. : 9020502712
8. An easement affecting the portion of said land and for the purpose stated
herein and incidental purposes:
In Favor of : City of Cupertino
For : public roadway and all public utilities
Recorded : May 27, 1993 in Book M 802, Page 0346,
Official Records
Affects : Beginning at the Southwesterly corner of said parcel
conveyed to Murarka; thence from said point of
beginning along the Westerly line of said parcel
conveyed to Murarka N. 00 deg. 08' 40" E. 13.47 feet to
the point of intersection with the Southerly line of
that certain roadway easement conveyed to the City of
Cupertino by deed recorded September 22, 1988 in Book K
690 of Official Records, at page 1983, Santa Clara
County Records; thence along said Southerly line from a
tangent bearing of S. 89 deg. 51' 20" E. along a curve
to the left with a radius of 30.00 feet through a
central angle of 56 deg. 26' 34" for an arc length of
29.55 feet; thence leaving said Southerly line S. 00
EXHIBIT
�_i
CU 100285
Page 4
deg. 08' 40" W. 26.89 feet to a point in the Southerly
line of said parcel conveyed to Murarka; thence along
last said Southerly line N. 89 deg. 51' 20" W. 25.00
feet to the point of beginning.
9. An easement
affecting the portion of said land and for the purpose stated
herein and
incidental purposes:
In Favor of
: City of Cupertino, a municipal corporation
For
: conservation easement
Recorded
: July 7, 1993 in Book M 871, Page 1561,
Official Records
Affects
Beginning at a point on the Southerly line of said
parcel conveyed to Murarka, said point being distant
thereon S. 89 deg. 51' 20" E. 70.91 feet from the
Southwesterly corner of said parcel; thence from said
point of beginning along the Southerly line of said
parcel conveyed to Murarka S. 89 deg. 51' 20" E. 53.00
feet to the terminal point of the Southerly line herein
being described.
Covenants, conditions and restrictions in the above mentioned instruments.
10. A deed of trust to secure an indebtedness in the amount stated herein and
any other amounts provided therein,
Dated : December 10, 1993
Amount : $80,000.00
Trustor : Ishwar P. Muraraka and Ragini S. Murarka
Trustee : DSL Service Company
Beneficiary : Downey Savings and Loan Association
Recorded : December 16, 1993 in Book N 195, Page 0990,
Official Records
Address : P. 0. Box 6060, Newport Beach, CA 92658
Loan No. : None shown
11. If this transaction is to exceed $500,000.00 a copy of the trust agreement
and any amendments or supplements thereto need to be submitted for
examination.
NOTES:
a. 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.
b. 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.
EXHIBIT B
CU 100285
Page 5
c. No endorsement issued in connection with the policy and relating to
covenants, conditions or restrictions provides coverage for environmental
protection.
d. 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.
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 --
Grantor : Ishwar P. Murarka and Ragini S. Murarka, husband and
wife
Grantee : Ishwar Prasad Murarka and Ragini Shah Murarka, as
co -trustees of the Murarka 1994 Living Trust
Recorded : July 19, 1994 in Book N 524, page 0256,
Official Records.
f. Title of the vestee herein was acquired by Deed --
Grantor Nitin Parekh and Alka Parekh, husband and wife, and
Yeshwant D. Mehta and Ila Y. Mehta, husband and wife
Grantee Ishwar P. Murarka and Ragini S. Murarka, husband and
wife, as joint tenants
Recorded July 24, 1992 in Book M 296, Page 0551,
Official Records.
Date Last Insured: 12-16-93
EXHIBIT B
LEGAL DESCRIPTION: "SCHEDULE C" CU 100285
All that real property situate in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
Beginning at a 2" x 3" stake at the Southerly terminus of the center line of
San Fernando Avenue on the Southerly line of "Tract No. 198 Stevens Creek
Subdivision Map No. 3", a Map of which was filed for record in the office of
the Recorder of the County of Santa Clara, State of California on September 8,
1941 in Book 7 of maps, at page 14; running thence South along the
prolongation Southerly of said center line of San Fernando Avenue 60 feet to a
1 inch iron pipe; - running thence East and parallel with the Southerly line of
said Tract No. 198, for a distance of 145 feet to a 1 inch iron pipe on the
Westerly line of the land described in the deed from F.W. Bracher, et al to
W.L. Stapp, et al, dated December 15, 1943 recorded January 13, 1944 in Book
1177 O.R. page 536, Santa Clara County Records; running thence North along the
Westerly line of land so described in the deed to said Stapp, et al, for a
distance of 60 feet to a 2" x 3" stake at the Southeasterly corner of said
Tract 198, running thence West along the Southerly line of said Tract No. 198,
for a distance of 145 feet to the point of beginning, as approved in
Certificate of Compliance recorded December 20, 1990 in Book L 563, page 0847,
Official Records.
EXCEPTING THEREFROM the underground water or rights thereto, with no right of
surface entry, as granted to City of Cupertino, a municipal corporation by
instrument recorded September 22, 1988 in Book K 690, page 1999, Official
Records.
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EXHISIT ,A, EXHIBIT B
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
Nab: 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
(a) Any law, ordinance or'govemmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to 0 the occupancy, use, or enjoyment of the land; (i) the character,
dimensions or locations of any improvement now or hereafter erected on the land; (W 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 exckxded 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 poky 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 clairr►ant;
(d)-,. attaching or created subsequent to date of policy (except to the extent that this poky 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 Gen of the insured mortgage because of the inability or failure of the insured at date of policy, or the inabdrty
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 unenforceabWty 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-w- nding law.
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 pokey 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
n the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or
() subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination: or
(ii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferentai
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 9
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY 1990
EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or governmentai regulation (including but not limited to building and zoning laws, ordinances, or regulatior,
restricting, regulating, prohibiting or relating to O the occupancy, use, or enjoyment of the land: (u) the character, dimensions or locations of
any improvement now or hereafter erected on the land; (it) 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 exerese 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:
m) not known to the Company, „ot recorded in thie 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. Unenforceabiity of the lien of the mortgage because of the inabdity or failure of the insured at date of policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with amicable 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 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.
y ♦ • • • 49- e-
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 pubic 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 pubric 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 v boundary fines, shortage in area, encroachments, or any other facts which a correct survey would disclose,
and which are not shown by the pubic 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 meters excepted under (a), (b) or (c) are shown by the public records.