LLA-Valentin & Smadar Scarlat and Fred D & Janice C. Boitano, 11477 & 11457 Lindy Pl, APNs: 356-24-004 & 356-24-003REC0RDP ,REQUESTED BY:
St0vart Titit
WHEN RECORDED MAIL TO:
City of Cupertino
300 Torre Avenue
.pertino, CA 95014
I�IWIWIW�I�IIIGI�I'��V1I �` AMT PAID
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Stewart Title of California
LOT LINE ADJUSTMENT
DOCUMENT TITLE
SEPARATE PAGE PURSUANT TO GOVERNMENT CODE 27361.6
6q-d7-
Pages 30
94.00
RDE # 012
10/07/2004
8:00 AM
15�2f Z100
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
LOTLINE ADJUSTMENT
BETWEEN: Valentin Scarlat and Smadar Scarlat, husband and wife as Community Property with Right of
Survivorship, Parcel 2, APN 356-24-004
AND
Fred D. Boitano II and Janice C. Boitano, as Co -Trustees of the Boitano Living Trust dated July 26, 2000,
Parcel A, APN 356-24-003
Original
0 For Fast Endorsement
LOT LINE ADJUSTMENT
BETWEEN: Valentin Scarlat and Smadar Scarlat, husband and wife as Community Property with Right of
Survivorship, Parcel 2, APN 356-24-004
AND
Fred D. Boitano II and Janice C. Boitano, as Co -Trustees of the Boitano Living Trust dated July 26, 2000,
Parcel A, APN 356-24-003
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, parcel 2 and parcel A, as designated on the attached
plat and descriptions marked Exhibit "A B,C, and D", and attached hereto, has been submitted by the record
owners of the above properties (as shown in Exhibit "E", attached) of the City of Cupertino with the request
that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater
number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of Cupertino, in
the event that the change in title interest of ownership (including lien holder interest) is not recorded by
Grant Deeds within twelve (12) months from the approved date and/or in the event that any change in title
interest of ownership (including lien holder interest) from the specified on the preliminary title report
designated on Exhibit `B" and attached hereto, occurs prior to the recordation of the grant deed conveying
the real property in conformity to Exhibit "A".
Approved this day of '4/faK I, 2004.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
By: `—�✓ l l�
2000791
EXHIBIT A
Legal Description
Before Adjustment
All that certain real property situate in the CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, being all of Parcel 2 and a portion of
Parcel A as said Parcels are shown on that Parcel Map, recorded in Book 282 of Maps, at
Page 8, Santa Clara County Records, together with a portion of Parcel 1 as said Parcel is
shown on Parcel Map 4664 in Book 423 of Maps at Page 16, Santa Clara County
Records, more particularly described as follows:
Beginning at the Southwesterly corner of said Parcel 2; thence along the Westerly line of
said Parcel 2 the following two courses:
1. North 16' 37' 49" West, 110.83 feet
2. North 30' 15' 01" East, 47.73 feet to the Northwesterly corner of said Parcel 2,
said point also being on the Southerly right of way line of Lindy Place (50.00 feet
in width) as shown on said Parcel Map, recorded in Book 282 of Maps, at Page 8,
Santa Clara County Records
Thence along said Southerly right of way line the following three courses:
1. From a tangent bearing South 83' 20' 05" East, along the are of a curve to the left
with a radius of 185.00 feet, through a central angle of 07' 07' 07", an arc
distance of 22.99 feet
2. North 76' 13' 00" East, 38.36 feet
3. Along the arc of a curve to the left with a radius of 185.00 feet, through a central
angle of 05' 01' 56", an arc distance of 16.25 feet to the Northeasterly corner of
said Parcel 2;
Thence along the Easterly line of said Parcel 2 South 24' 45' 22" East, 226.40 feet to the
Southeasterly corner of said Parcel 2; thence along the Southerly line of said Parcel 2
North 89' 23' 19" West, 94.84 feet; thence departing said Southerly line South 00' 36'
4 1 " West, 22.68 feet; thence North 72' 00' 3 1 " West, 75.93 feet to said Southerly line;
thence along said Southerly line North 89' 23' 19" West, 17.70 feet to the point of
Beginning.
2000791
Exhibit A
Legal Description
After Lot Line Adjustment
All that certain real property situate in the CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, being all of Parcel 2 and a portion of
Parcel A as said Parcels are shown on that Parcel Map, recorded in Book 282 of Maps, at
Page 8, Santa Clara County Records, together with a portion of Parcel 1 as said Parcel is
shown on Parcel Map 4664 in Book 423 of Maps at Page 16, Santa Clara County
Records, as shown on Exhibit B, more particularly described as follows:
Beginning at the Southwesterly corner of said Parcel 2; thence along the Westerly line of
said Parcel 2 North 16' 37' 49' West, 79.74 feet; thence departing said Westerly line
North 50' 42' 28" West, 52.22 feet; thence North 26' 56' 40" East, 31.49 feet; thence
North 79' 34' 33" East, 40.47 feet to the Westerly line of said Parcel 2; thence along said
Westerly line North 30' 15' 01" East, 47.73 feet to the Northwesterly corner of said
Parcel 2, said point also being on the Southerly right of way line of Lindy Place (50.00
feet in width) as shown on said Parcel Map, recorded in Book 282 of Maps, at Page 8,
Santa Clara County Records; thence along said Southerly right of way line the following
three courses:
1. From a tangent bearing South 83' 20' 05" East, along the arc of a curve to the left
with a radius of 185.00 feet, through a central angle of 07' 07' 07", an arc
distance of 22.99 feet
2. North 76' 13' 00" East, 38.36 feet
3. Along the arc of a curve to the left with a radius of 185.00 feet, through a central
angle of 05' 01' 56", an arc distance of 16.25 feet to the Northeasterly corner of
said Parcel 2;
Thence along the Easterly line of said Parcel 2 South 24' 45' 22" East, 226.40 feet to the
Southeasterly corner of said Parcel 2; thence along the Southerly line of said Parcel 2
North 89' 23' 19" West, 94.84 feet; thence departing said Southerly line South 00' 36'
41" West, 22.68 feet; thence North 72' 00' 31" West, 75.93 feet to said Southerly line;
thence along said Southerly line North 89' 23' 19" West, 17.70 feet to the point of
Beginning.
LOT
LANDS OF
aAma
N00'36'41 "E
N`3,19" 22.68'-\
W `84,
LANDS OIL
aM'In aznz
105344 P.M. 423
3
PARCEL 2
309286 V Flo
BEFORE A DDJU37MEM7
3% O s sm. F7c
AFTER ADJU37MENT
282 2 P.M. 0
N76'13'00"E
189'23'19"W
17.70'
POINT OF
BEGINNING
PARCEL
A
-16.25" " L=22.99'
p_ 05'01 56 D= 07'07'07» 0 20 40 80
R-185.00 R=185. pp
---'LINDY PLACE (50 SCALES 1" - 4O'
LEA & SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
2495 INDUSTRIAL PARKWAY WEST
HAYWARD. CAUFORNIA 94545
(510)_ 887-40M
EXHIBIT 19B99
LOT LINE ADJUSTMENT PLAT
11477 LINDY PLACE
CUPERTINO, CALIFORNIA
SANTA CLARA COUNTY
APN: 356-24-004 JUNE 2004
LOT
LANDS OO F
CIANOO
N00'36'41 "E
��`84,
.N
LANDO OF
WMIn OO =
4 564 P.M. 423
3
,593.
z
1 �
w
1 �
z PARCEL EL 2 �
41 � �309� 0 6 OOo FT.
BEFORE OO RE ADJUSTMENT
Tco
` 19 0 0's sa. FT.
N AFTER ADJUSTMENT
282 P.M. o
I
1 ORIGINAL
1 LOT -LINE
`k' 'p�
tl
N 76'13' 00"E
N 30'15'01 "E
47.73'
189'23'19"W
17.70'
POINT OF
BEGINNING
'PARCEL
A
N50'42'28"W
- 52.22'
N26'56'40"E
31.19'
N79'34'33"E
- 40.47'
16.25" 38.36' ' L=22.99'
p_ p5'01 ' 56" D= 07'07�07" 0 20 40 80
R 185.00 R=185. 00
�LINDY PLACE (500') SCALE• 1" - 40'
LEA & SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
2495 INDUSTRIAL PARKWAY WEST
HAYWARD, CAUFORNIA 94545
(510) 887-40M
EXHIBIT "B"
LOT LINE ADJUSTMENT PLAT
11477 LINDY PLACE
CUPERTINO, CALIFORNIA
SANTA CLARA COUNTY
APN: 356-24-004 JUNE 2004
2000791
EXHIBIT C
Legal Description
Before Adjustment
All that certain real property situate in the CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, being all of Parcel A as said Parcel is
shown on that Parcel Map, recorded in Book 282 of Maps, at Page 8, Santa Clara County
Records, more particularly described as follows:
Beginning at the Southeasterly corner of said Parcel; thence along the Southerly line of
said Parcel North 89' 23' 19" West, 552.84 feet to the Southwesterly corner of said
Parcel; thence along the Westerly line of said Parcel the following three courses:
1. North 00' 13' 48" East, 373.62 feet
2. North 50' 10' 59" East, 157.39 feet
3. North 65' 37' 56" East, 72.47 feet to the Northerly most corner of said Parcel,
said point also being on the Southerly right of way line of Lindy Place (50.00 feet
in width) as shown on said Parcel Map;
Thence along said Southerly right of way line the following four courses:
1. From a tangent bearing South 29' 28' 25" East, along the arc of a curve to the left
with a radius of 125.00 feet, through a central angle of 30' 50' 31", an arc length
of 67.29 feet
2. South 60' 18' 49" East, 55.00 feet
3. Along the arc of a curve to the right with a radius of 175.00 feet, through a central
angle of 46' 32' 00", an arc length of 142.13 feet
4. Along the arc of a curve to the left with a radius of 185.00 feet, through a central
angle of 82' 53'04", an arc length of 267.62 feet to the Northeasterly corner of
said Parcel;
Thence along the Easterly line of said Parcel the following two courses:
1. South 30' 15' 01" West, 92.20 feet to an angle point in said Easterly line
2. South 16' 37' 49" East, 110.83 feet to the point of Beginning.
2000791
Exhibit C
Legal Description
After Lot Line Adjustment
All that certain real property situate in the CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, being all of Parcel A as said Parcel is
shown on that Parcel Map, recorded in Book 282 of Maps, at Page 8, Santa Clara County
Records, as shown on Exhibit D, more particularly described as follows:
Beginning at the Southeasterly corner of said Parcel; thence along the Southerly line of
said Parcel North 89' 23' 19' West, 552.84 feet to the Southwesterly corner of said
Parcel; thence along the Westerly line of said Parcel the following three courses:
1. North 00' 13' 48" East, 373.62 feet
2. North 50' 10' 59" East, 157.39 feet
3. North 650 37' 56" East, 72.47 feet to the Northerly most corner of said Parcel,
said point also being on the Southerly right of way line of Lindy Place (50.00 feet
in width) as shown on said Parcel Map;
Thence along said Southerly right of way line the following four courses:
1. From a tangent bearing South 29' 28' 25" East, along the arc of a curve to the left
with a radius of 125.00 feet, through a central angle of 30' 50' 31", an arc length
of 67.29 feet
2. South 60' 18' 49" East, 55.00 feet
3. Along the arc of a curve to the right with a radius of 175.00 feet, through a central
angle of 46' 32' 00", an arc length of 142.13 feet
4. Along the are of a curve to the left with a radius of 185.00 feet, through a central
angle of 82' 53' 04", an arc length of 267.62 feet to the Northeasterly corner of
said Parcel;
Thence along the Easterly line of said Parcel the following two courses:
1. South 30' 15' 01" West, 92.20 feet to an angle point in said Easterly line
2. South 16' 37' 49" East, 110.83 feet to the point of Beginning.
Excepting therefrom, all that real property situated in the CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, being a portion of Parcel A
as said Parcel is shown on that Parcel Map, recorded in Book 282 of Maps, at Page 8,
Santa Clara County Records, more particularly described as follows:
Beginning at a point on the Easterly line of said Parcel, said point being distant North 160
37' 49" West, 79.74 feet from the Southeast corner of said Parcel; thence North 50' 42'
28" West, 52.22 feet; thence North 26' 56' 40" East, 31.49 feet; thence North 79' 34'
33" East, 40.47 feet to the Easterly line of said Parcel; thence along said Easterly line the
following two courses:
1. South 30' 15' 01" West, 44.47 feet
2. South 16' 37' 49" East, 31.09 feet to the point of Beginning.
` J Fi Y
Q, 0 50 100 200
/ m
Exp.
PEG NN NG pF � SCALE, V - 100'
PARCEL 2 LANDS OF
C omloz
110.83
N16'37'49"W � 23' .. 4�C�C�� P.M.lo 423
(TOTAL) N16'37'49"W '�552 84,
N30'15'01 "E 110.83'
92.20'
(TOTAL)
\,_— N30'15'01 "E
92.20'
----------------- <
o
R� 8�6�.
Mln U °o �Y
r
fLAMDD 3 OF
WI LSSOO H
[LAHOS OF
ERR
LEA & SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
2495 INDUSTRIAL PARKWAY WEST
HAYWARD. CAUFORNIA 94545
(510)_ 887-4086
PARCEL A
l ° ° y(022 saoF-ra
BEFORE
ADJU�'�i EH Sj�T
I Q) - y,414 SQ. F U
AFTER ADDJUSTMEHT
282 2 P.M. 0
N60'18'49"W
Is, 55.00'
N65'37'56"E
72.47�
LAMBS OG LANDS OF
LANDS AKATJFF
OF
ROON
EXHIBIT "D"
LOT LINE ADJUSTMENT PLAT
11457 LINDY PLACE
CUPERTINO, CALIFORNIA
SANTA CLARA COUNTY
APN: 356-24-004 JUNE 2004
fkY
PARCEL 2
N 16'37' 49"W
110.83'
(TOTAL)
N30'15'01 "E
92.20'
(TOTAL)
C3 71 2j
is 0 50 100 200
POINT OF ��-� SCALE, 1" - 100'
3EGINNING�
LANDS OF
CM'In Oo �D�
— 79.74' N8 AIPC�A p Rk hl Al a
31.09'
44.47'
�
28` 450'42'9?3'w552. o o
52.22' 84`
288.82'
N26'56'40"E '
44.66 �
ll 19'
47.43' 40.47' APPROXIMAI
LOCATION 0
HOUSE
LANDS OF �ss���. 3889 SQ. F
F.A.R. BEFORE= 2.0%
F.A.R. AFTER= 2.0% 100.07
r
i
LANDS S BOG � o
vC%��
JOM
° °0,
LANDS OF
BENT ;e�
LEA & SUNG ENGINEERING, INC.
CIVIL ENGINEERS • LAND SURVEYORS
2495 INDUSTRIAL PARKWAY WEST
HAYWARD, CALIFORNIA 94545
(510)_ 887-4086
PARCEL A
1929022 sOoF-ro
BEFORE ADJUSTMENT`
AFTER ADJUSTMENT
282 P.M. 0
N60'18'49"W
\ 55.00'
N 65'37'56"E
72.47�
LANDS O
LANDSOF
®m
cv
co
�i
LANDS OF
AKATJFF _
EXHIBIT 99D 99
LOT LINE ADJUSTMENT PLAT
11457 LINDY PLACE
CUPERTINO, CALIFORNIA
SANTA CLARA COUNTY
APN: 356-24-004 JUNE 2004
JUN, 30. 2004
l6234782
5:21AM STEWART TITL
Page 1
. RECORDWa RSQUES'i'laD BY:
STEwABT TITLE OF CALYIFF`OB1a4, INC.
WHEN RECORDED IMA L TO:
Valentin Scarlet
11477 Lindy Place
Cupertino, CA
ORDBR. NO. 28330745
E=Owldb. 28330745
WUMENT: 16234782 Titles-1 / Pages: 2
�II Fees.... 40.00-
I�� ^,p Tsxes... 1551.80
Copies.,
xM6234752w AMT PA i D 1591, 00
BRENDA DAVIS RDE # 0;11
SANTA CLARA COUNTY RECORDER 4/28/2092
Recorded at the request of 8;09 AM
Stewart Title of California
SPACE ABOVE THE LINE FOR RECOFJ>E b WE
GRANT DIEM
'Thenndcrsigtcodgrantor(s)dedare(a): A,P,N.: 356-24-004 and
»6d8eo i older tax is s 1, 551. 00 City tax S 0.00
( X* computed an full value of property cocveyed, or
( ) computed on full value less NOW of New ar enatmbrattces renudWag at time of Sale.
{ ) XJninsorporated atea: (3=) city , and
FOR VALUABLE ComjDFRA710N, receipt of whicb is i,emby ackwwledged,
Michael xapul and Lisa K8pn1 , husbaad and wife
herebyGRANTSto Valentin Searlat and Smadatr Scarlat , busb=d and wife
as Community Pxoperty with Right of Survivorship
the following de=-bcd oral property in flit City of Cupertin*
County of Santa Clara , State of C211fornia
SEE ATTACHED EXHIBIT "ANSZE ATTACHED E7QIE13IT ^A"
DATE- April 3.5, 2002
STATE OF CALH20R 1IA }
} ss.
CO><WN OF, 15WI&A ttt� •}
on before cite 'M•rn0Vl�ei
eared Wi 6A.0. e,l g nZ
P US r-l' app —
pwwaEy lkaawn to me (or proved to me on the basis of saddlw -
tory evidence) to be the Pawn(s). whose nam(s) islQub-
scribed witbin itutflttnes , and acknowledged to tee that
he/SbeUyl
execatsd the same in bisihem0 udwrized
that by hiNh�iffloature(s) on the instru-
mmt the person(s) or ttte entity W= bdt d of which the per-
son($) acted, exacmd the wsmu=t.
wITf = my hand and official ad.
sa
0 M. MONIER
N Cno. f 1312487
NOTARY pD6tIC.MFO9NIA M.
Sa AZA C�iwtY
1Mr �ea�. bPl►ts AtN.t,2006"`
( This area for offtiai notarial seal.)
P� rum 1 2
JUN, 30. 2004 5:22AM STEWART TITLE N0, 121-P. 3
�6234782 Page z Cb ,OT
. t
.. yyF,X�ry+
MI "All
LEGAL. DESCRIPTION
ESCROW No.: 28330745
ORDER NO.: 28330745
PARCEL ONE:
PARCEL 2, as shown on that certain Map entitled, "Parcel Map", which
Map was filed for record in the Office of the Recorder of the County
of santa Clara, State of California on April 28, 1971 in Book 282 of
Maps, at Page(s) 25.
PARCEL TWO:
A PORTION of Section 26, Township 7S, Range 2w, M.D.B. & M. described
as follows:
Commencing at the southeasterly corner of said Tract 3354, said
corner lying in the line Common to said Section 26, and Section 23 of
Township and Range marked by a brasscapped City monument, as per said
Tract Map; thence along said common Section line N. e9° 23` 19" W.
423.88 feet to the Southeasterly corner of Parcel 2, as shown on
Parcel Map recorded April 2e, 1971 in Book 282 of Maps at Page 25;
thence continuing along said common Section line also being the
southerly boundary of hereinbefore described Parcel 2, N. 890 23' 19"
W. 94.95 feet to the true point of beginning, marked by a 3/4" I.D.
iron pipe; thence leaving said common section line S. 000 36` 41" W-
22.68 feet to a 3/4" iron pipe; thence N. 720 00' 31" W. 75.92 feet
to a point in aforesaid Section line, said Section line also being
the Southerly boundary of said Parcel 2; thence also along said
Section line S. 890 231 19" E. 72.46 feet to the true point of
beginning.
APN: 356-24-004 & ARS: 356-24-004 &
366-34-002 366-03-002
J HN-"22-2001 08 : 25
6M
Sanctity of Contract
P.21/17
exNiBIT F.
STEWART TITLE OF CALIFORNZA, INC. ,
SANTA CLARA DIVISION
12820 SARATOGA-SUNNYVALE ROAD
SARATOGA, CA 95070
(408) 867-6230
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
PRELIMINARY REPORT
Alain Pinel Realtors
214 Los Gatos -Saratoga Rd
Los Gatos, CA 95030
Attn: Fred Boitano /Phone: (408)358-1111
Order Number: 28326753 Your Reference:
Property Address: 11457 Lindy Place, Cupertino, CA
In response to the above referenced, application for a Policy of TitlInsurance, Stewart Title of California, Inc. hereby
reports that it is prepared to issue, or cause to be issued, as .of the da` to hereof, a Policy or Policies of Title Insurar►ce
describing the land and the estate or interest therein hereinafter set orth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referent to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list.
Copies of the policy forms should be read. They are available fromgthe office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a wri�en representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the/ land.
This report, (and any supplements or amendments thereto) is issued, solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance a binder or commitment should be requiiested.
Dated as of November 08, 2000 at 7:30 A.M.
Ricardo Reyna, Title Officer
When replying, please contact Alicia & Melissa, Escrow Officer
Stewart Title of California, Inc.
Escrow Department
12820 Saratoga -Sunnyvale Road, Saratoga, CA 95070
(408) 867-6230 Fax: (408) 867-6057
is
7AN-22-2001 08:25 P.02i17
28326753
PREL INARY REPORT "Hiol"111
The form of Policy of Title Insurance contemplated by this report is.:
American Land Title Association Loan Policy
.American Land Title Association Homeowners Policy
SCHEDULE A
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 da.te:hereof.is vested in:
Fred D. Boitano 11 and Janice C.!Boitano, :as -Co -Trustees of the
Boitano Living Trust dated July 26, 2000
:Continued .on next page
-l-
f I -
JAN-22-2001 08:26 P.03i17
LEGAL DESCRIMON M01E,
The land referred to herein is situated in the State of California,
County of Santa Clara, City of Cupertino, described as follows:
All of Parcel A, as shown upon that certain Map entitled,
"Parcel Map Portions Of Lot 43, Tract No. 3354," which Map was
filed for record in 'the :Office of the Recorder of the County of
Santa Clara, State of California, on August 6, 1971 in Book 288
of Maps at Page 8.
EXCEPTING THEREFROM the underground water or rights thereto
with no rights of surface entry; as granted by Hamilton
Development. Corporation to the City of Cupertino, a municipal
corporation by Instrument dated January 11, 1965 in Book 6822
of Official Records, Page.279.
APN/ARB: 356-24-003
End of Legal Description
JPN-22-2001 08:26
P.04/17
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the
printed exceptions and exclusions contained in said policy or
policies would be as follows:
A. General and Special City and/or County taxes, including any
personal property taxes and any assessments collected .with
taxes, for the fiscal year 2000-2001
1st Installment: $ ..7,067.53 DUEAAND'PAYABLE
2nd Installment: $ 7,067.53 PAYABLE BUT NOT:YET DUE
Land $918,000.00
Improvement $331.,500.00
Exemption $NONE
Code Area 13 016
Assessment No. 356-24-003
B. The lien of supplemental taxes,. if any,.: -assessed pursuant to
the provisions of Chapter 3.5 (commencing with Section 75) of
the Revenue and Taxation Code of the`State of California.
1. Covenants, conditions, and restrictions' as set forth in
instrument recorded January 19, 1965 in Book 68,19 at Page 189
but omitting any covenant, condition or. restriction, if any,
based on race, color, religion, sex; handicap, familial status
or national origin unless and only to the extent that the
covenant, condition or: restriction;;(a)'is exempt under Title
42 of the United St;ate's Code; or (bj, relates to handicap, but
does not discriminate against handicapped persons.
Contains a Mortgage Protection Clause
Said Covenants, Conditions and Restrictions have been modified
By an instrument:
Recorded: July 6, 1967 in Book 7775 at Page 522
of Official Records .
Said Covenants, Conditions and,Restsictions have been modified
By an instrument
Recorded: September.2:4,. 1969.in Book 8681 at Page 254
of Official Records
2. Easement as follows as shown on filed map
For Public..Service Easement
Affects The Southerly 5.feet and'!:a.3 foot strip of the
Northerly portion
For Slope Easement
Continued,:on next:,page
-3-
i
JAN-22-2001 08:26 P.05i17
Affects The Northeasterly 130 feet
3. A deed of trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby
Amount $875,000.00
Dated May 27, 1999
Trustor Fred D. Boitano II and Janice Boitano,
husband and wife
Trustee California Reconveyance Company
Beneficiary: Washington Mutual Bank, FA
Loan No. 03-0662-002927085-7
Recorded June 25, 1999,
Under Instrument No. 14871138 of Official Records
4. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $100,000.00
Dated August 2.6, 2000
Trustor Fred D. Boitano and Janice Boitano
husband and wife
Trustee Marin conveyancing,Corporation
Beneficiary: Headlands Mortgage company
Recorded September 8, 1999
as Instrument No. 1497.3743, Official Records.
Address 1100.Larkspur Circle, Suite.101
Larkspur, California 94939
Loan No. None Shown
The above deed of trust is reflected as an equity line loan or
a revolving line of credit.' Prior to final payoff we will
require a written statement from the beneficiary that the
account has been frozen and or a full reconveyance must'be
submitted for recording concurrent with payoff.
The beneficial interest under said deed of trust was assigned.
by assignment:
To Bank One, National Association
By Assignment Dated: December 12, i999
Recorded October 19, 2000
As Instrument No. 15428485, Official Records
The purported assignment executed above was executed.by;a
person that was not the record holder of the beneficial
interest.
5. We will require a statement of information at least 72 hours
prior to recording from the parties named below in order to
complete this report, based on the effect of documents,
proceedings, liens, decrees, or other matters which'do not
specifically describe said land, but which; if any do exist,
Continued on next page
-4-
1
JAN-22-2001 03:27 P.06/17
fc ✓ l 1j��r n LtsJZb /5.1
may affect the title or impose liens or encumbrances thereon.
Parties: Fred D. Boitano II and Janice Boitano
6. Any invalidity or defect in the title of the vestees in the
event such trust is invalid or fails to confer sufficient
powers in the trustees or in the event there is a lack of
compliance with the terms and provisions of the trust
instrument.
7. If title is to be insured in the trustees) of a trust or their
act is to be insured, we will require a TRUSTEE CERTIFICATE
pursuant to Section 1810D.5 of the California Probate Code for
the Trust Agreement. In certain situations the Company may
require a full copy of the Trust Agreement and any amendments
thereto. The Company. reserves the right to exempt additional
items and/or make additional requirements after reviewing said
documents.
8. Rights of parties in possession of said land by reason of any
unrecorded leases.
9. Matters which maybe disclosed by ark inspection or by a survey
of said land satisfactory to this Company, or by inquiry of the
parties in possession thereof•.
END OF EXCEPTIONS
Typist Initials: LCH.
Print date: November 15, 2000
Continued on next: page
JAN-22-2001 08:27 P.07i17
2832675:3
There are no conveyances affecting said land recorded within
two (2) years of the date of this report, except the following:
Grantor : Richard d. Reiser and Caroljean D. Reiser
Grantee : Fred D. Boitano and Janice Boitano
husband and wife, as joint tenants
Recorded: June 25, 1999, Instrument No. 14871137
There are no conveyances affecting paid land recorded within.
two (2) years of the date of this report, except the following:
Grantor : Fred D. Boitano and Janice Boitano
Grantee : Fred D. Boitano II and Janice C. Boitano , as
CO -Trustees of the Boitano hiving Trust dated
July 26, 2000
Recorded: August 23,'2000, Instrument No. 15366020
None of the items shown in this report will cause the company to
decline to attach CLTA Indorsement form 100 to the ALTA Loan
Policy, when issued.
There is located on said land: Single Family Dwelling
known as: 11457 Lindy Place
Cupertino, CA
SHORT TERM RATE: YES
COUNTY OF SANTA CLARA
RECORDING FEES The Recording Fees for The County of Santa Clara
as follows:
$7.00 for the first page of a document,, plus $7.00 for each
additional title over Ione., plus $3.00 for each additional page
(provided all pages of the document measure-8-1/2" x 11" and
comply with recording requirements), except.for deeds of trust
assignments of deeds of trust, reconveyance, requests for
notice, requests for notice of delinquencies and notice of
defaults.
Deeds of Trust, Reconveyance, Requests for Notice of
Delinquencies and Notices of Defaults are $9.00 for the first
page of the document, plus $7.00 for each additional title over
one, plus $3.00 for. each .additional page (provided all pages of
the document measure 8-1/2" x 11" and comply with recording
requirements).
A Substitution of Trustee and Full Reconveyance, as combined
Continued on next page
-6-
JRN-22-2001 08:27
„I a P.08/17
;�26753
document is $18.00 for the first page of the document, plus
$3.00 -for each additional page (provided all pages of the
document measure 8-1/2" x 11" and comply with recording
requirements).
The recording fee for a Release of Tax Lien from the State of
California, The County of Santa Clara, or a City is $11.00. The
recording fee for Release of Tax Lien from the I.R.S. is $7.00.
When recording a lien, judgment, or abstract of judgment add
$3.00 per owner or debtor.
There is A Survey Monument Preservation Fee of $10.00 charged on
the recording of all deeds containing a description other than
that of a condominium or a complete lot shown on a subdivided
tract (this fee is not charged on easements).
Documents that are not s-1/2 " x ill, and that do not comply with
recording requirements are subject to an additional fee of $3.00
for each page.
TRANSFER TAX RATE: The Transfer Tax Rate for the County of
Santa Clara is based on $1.10 per $1,000 (or 55 cents per.$500)
of total consideration.given for the property, less liens and
encumbrances remaining of record. In addition to the transfer
tax charged by the County of Santa Clara, the Cities of
Mountain View, San Jose and Palo Alto have a Transfer Tax Rate
based on $3.30 per $1,000 (or $1.65 per $500) of total
consideration given for the property, less liens and
encumbrances remaining of record.
STATE OF CALIFORNIA
DOCUMENT REQUIREMENTS: Any instrument, paper, or notice
submitted for recording should be on 8-1/2" x.11" white paper,
preferably 161b bound or heavier. They should be in block
print, preferably minimum 10-point type on the first page and 8
point on subsequent pages. All printing or writing should be
limited to one side of a page.
Any document submitted for recording shall have at least 1/2"
margin on each vertical side. In addition, the top 2-1/2" of
the first page shall be reserved for recording information,
with the left 3-1/2" used by the public to show the name of the
person requesting recording and the name and address to which
the document is to be returned.following recording. The
right-hand portion of the space is for use by the recorder.only.
Any document submitted must indicate the title or titles of the
Continued on next page
-7-
JAN-22-2001 08:27 P.09i17
LEXH01 ': 28326753
document(s) contained therein. Those title must appear on the
first page directly below the space reserved for the recorder.
All information required by the statute which provides for the
creation of the document must be there. In addition, all
recording requirements must be met.
Any document which contains sheet or sheets which do not
measure B-1/2" x 11" or that do not comply with recording
requirements may be subject to recording penalty of $3.00 for
every page of .that document.
PRELIMINARY CHANGE OF OWNERSHIP REPORT (PCOR): A Preliminary
Change of Ownership Report must be completed by the transferee
(buyer) prior to the transfer of property in accordance with
the provisions of Section 480.3 of the Revenue and Taxation
Code: The Preliminary Change of Ownership Report should be
submitted to the recorder concurrent with the recordation of
any document effecting a change of ownership. If a document
evidencing a change of ownership (i.e. Deed, Affidavit -Death
Joint Tenant) is presented to the recorder for recording with a
preliminary change of ownership report, the recorder may charge
an additional $20.
-8-
JAN-22-2001 08:28 P.10i17
CALIFORNIA "GOOD FUNDS" LAW -M
California Insurance Code Section 12413.1 regulates the disbursement
of escrow and sub -escrow funds by title companies. Funds received
by STEWART TITLE OF CALIFORNIA, INC, via wire transfer may be
disbursed upon receipt. Funds received via cashiers checks or teller
checks may be disbursed on the next business day after the day of
deposit. If funds including shortage checks are disbursed to this
company other than by tellers check, cashiers check, wire transfer or
disbursements of escrow or sub -escrow funds,*you should contact
your title officer or escrow officer.
Ma
JRN-22-2001 08:28
EXHIBIT A
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS jj C
SCHEDULE B
.�`�� U?� :LULU II..
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS
OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
I. (A) ANY LAW, ORDINANCE OR COVERNMENL'AL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR ZONING LAWS,
ORDINANCES, OR REGULATIONS) RESTRICTING,•AEGULATINC, PROHIBITING OR RELATING TO' (1) THE OCCUPANCY, USE, OR
ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON
THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF
WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS,
ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A
NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING PROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND
HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OR POLICY.
(91 ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE,. EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE
THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFPECTING THE
LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT OATS 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 TARING 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, ADVSRSE CLAIMS OR OTHER MATTERS:
(A) WHETHER OR NOT RECORDED IN THE PUBLIC RECORDS AT DATE 00 POLICY, BUT CREATED, SUFFERED, ASSUMED OR AGREED TO
BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN TIM PUBLIC RECORDS AT DATE OF POLICY, BUT !GROWN TD THE.INBURSD
CLAIMANT AND NOT DISCLOSED IN WRITING TO THS COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED
CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LASS OR DAMAGE TO THE INSURED. CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR
THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. UNENFORCEABLILITY OF THE LIEN OF THE INSURED MORTGAGE UCCAU6E OF THE INABILITY OR FAILURE OF THE INSURED AT
DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNEROR INDEBTEDNESS, TO COMPLY WITH THE
APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN,WKICH Tim LAND IS SITuAm .
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
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WFR CH MAY RESULT IN TAXES OR.ASSESSm2MT3, 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 wRICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMBRANCES, OR. CLAIMS TH&RSOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS,
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY:OTIHSR FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
S. (A) UNPATENTED MINING,CLAZMS, (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 YXCYPTED UNDER (A), (B) OR
(C) ARE SHOWN BY THE PUBLIC RECORDS -
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV, 1999 STIWART TITLE COARANTY COMPANY
PAGE I OF 6
JAN-22-2001 08:28
CLIA PRELIMINARY REPORT FORM
2. AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 1J
EXCLUSIONS E
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURLD AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTINC FROM:
I. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION 017 ANY LAW OR GOVERNMENTAL, REGULATION. THIS
INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING:
• LAND USE • IMPROVEMENTS ON THE LAND
• LAND DIVISION • ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC
RECORDS AT POLICY DATE.
TRIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS.
2. THE RIGHT TO TAKE THE LAND BY CONDEMNINO IT, UNLESS:
• A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE
• THE TAKING HAPPENED PRIOR TO THE POLICY DATE AND IS 6TNDINO ON YOU IF YOU BOUGHT THE LAND WITHOUT
KNOWING OF THE TAKING
3. TITLE RISKS:
• THAT ARE CREATED, ALLOWED, OR AGREED To .BY YOU
• THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE - UNLESS THEY APPEARED IN THE PUBLIC
RECORDS
• THAT RESULT IN NO LOSS TO YOU
• THAT FIRST AFFECT YOUR TITLE AFTER THE POLICY DATE - = THIS DOES NOT LIMIT THE LABOR AND MATERIAL
LIEN COVERAGE IN ITEM 8 OF COVM= TITLE RISKS
a. FAILURE TO PAY VALUE FOR YOUR TITLE.
S. LACK OF A RIOHTr
+ .TO ANY LAND OUTSIDE. THE AREA SPECIFICALLY DESCRIBED REFERRED'TO IN, ITEM, 3 OF SO=ULC A OR
IN STREETS, ALLEYS, OR WATERWAYS,THAT'TOUCH YOUR LAN)
THIS EXCLUSION DOES NOT LIMIT TMR ACCESS COVERAGE IN ITEM 51OF COVERED TITLE RISKS,
EXCEPTIONS FROM! COVERAGE:
THIS POLICY DOES NOT INSURE AGAINST SASS OR DAMAOS (AND YRE CorANY WILL NOT PAY COSTS,' ATTORNEYS' FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF. THE LAND NOT SAM BY THE, PUBLICRECORDS.,•
2. ANY EASEMENTS OR LIENS NOT SHOWN BY Tilt PUBLIC RECDRD6. T826 DOES NOT LIMIT THE LIEN
COVERAGE IN ITEM 8 OF COVERED TITLE RISKS.
3. ANY FACTS ABOUT THE LAND WHICU A.COR"CT SURVEY WOULD DISCLOSE 'AND WHICK ARE NOT SHOWN BY
THE PUBLIC RECORDS. TRIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN I,TBM 12 OF COVERED TITLE RISKS.
a. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER TfE LAND, wHra•TBR OR NOT SHOWN BY THE
PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND Ex#USIONS CONTINUED ON IN= PAGE)
REV. 1999 STSWART.'-TITLE GMWANTY .COMANY
PAGE 2 OF 6
i
i
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%, AJI Ai - -I-u i1'41...--- ---- v..- - --.
P.13/17
3. AIZRICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA BNDORSBG= - FORK 1 COVERAGE
ADO:RICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT - FORM I COVERAGE
EXCLUSIONS AND COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LASS OR DAMAGE, COSTS, ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OFj
1. (A) ANY LAW, ORDINANCE OR COVERNMENTAL 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 ?FM 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 NOTICS,OF THE
ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUPMRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
(S) 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 DEF&CT, LIEN OR FNCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
2, RICHTS 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 PAS OCCURRED PRIOR TO DATE OF POLICY'WHICA
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 THY 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 T}(E EXTENT THAT THIS POLICY INSURES Mm
PRIORITY OF TIM LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY.LIYN FOR SERVICES, LABOR OR MATERIAL OR TO
THE EXTENT INSURANCE IS AFPORDYD HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR
COMPLETED AT DATE OF POLICY); OR
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE. INSURED MORTGAGE_
9. UNENFORCEABILITY OF THE LIEN OP THE,INSURED MORTGAGE BECAUSE'. OF THE INABILITY OR FAILURE OF TEE INSURED.AT
DATE OF POLICY, OR THE INABILITY OR FAILURE OF.ANY SUBSEQUENT OWNER OF THE INDEBTSDN8es, TO COMPLY WITH
APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND is SITUATED.
S, INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF SHE INSURED MORTCACC, OR CLAIM TiII►'REOF, 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 PRIORITT OF ANY STATUTORY LIEN FOR
SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTGAGE) ARISING rR)Mm AN'IMPROVEMENT OR WORK
RELATED TO THE LAND WHICH IS CONTRACTED FOR AND CONWCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED
IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED 8Y 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 OP FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS,
THAT IS BASED ON;
(I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(II) THE SUBORDINATION OF THE INTEREST OF TIM INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THS.DOCTRINE
OR EQUITABLE SUBORDINATION; OR
(III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DY;'m A BREFPRENTIAL TRANSFER RXCBPT
WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE:
(A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFgR; OR
i
IB) OF SUCH RECORDATION TO.SMPART NOTICE TD A PURCHASER FOR VALUE OR A JUDGWIT OR LIEN CREDITOR,
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUYD,ION NEXT PAGE)
i
REV. 1999 $TSAiART TITL$ ' G3UARAX7Y COMPANY
PAGE 3 OF 6
JAN-22-2001 08:29
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P.14/17
TH3 A80VE POLICY FORMS MAY BE ISSUED To AFFORD EIT-aER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
OLLOWIN.; GENERAL EXCEPTIONS:
EXCEPTIONS FROM COVERAGE ! �=
�� I
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES)
WHICH ARISE BY REASON OF:
1, TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS -
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
Z. ANY FACTS, RIGHTS. INTERESTS OR CAAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS.IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICE ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES,• CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMMM, 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 MATrW EXCEPTED UNDER (A), (9) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND
AMRICAN LAND TITLE ASSOCIATION LEASM[OLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COV3 Al2B
THE FOLLOWINO MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES, OR EXPENSES WHICH ARISE BY REASON OFc
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 OP 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: CRAM 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 GOVERNtCMAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE
OF 'rites 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 DSFBCT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE DP POLICY.
7. 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 BINtjING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT XNOWLEDOE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE
INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE'INSURED CLAIMANT PRIOR TO THE DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT;
(D% ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY) OR
:E RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE StW SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR TKE ESTATE OR INTEREST INSURED BY THIS POLICY,
S 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 RAS= ON:
(I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT
CONVEYANCE OR FRAUDULENT TRANSFER i OR
(II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL
TRANSFER EXCEPT WHERE THE PR£F£RYNTIAL 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 JUDQ/ENT OR I = CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NSDCP PAGE)
REV. 1999 SZ'SWART Tr=*,,-GDARAV=. CWWANr
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THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
FOL,LOWINC GENERAL EXCEPTIONS:
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSE MP PAY CO ATTORNEYS' EKRISIT
OR DAMAGE (AND THE COMPANY WILL NOT COSTS, ATTO S FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
I. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTSNC 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. RIGI-rrS. INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WNU CH 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 AILS NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
S. (A) UNPATENT D MINING CLAIMS; (B) RESERVATIONS.. OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; CC) WATER RIGHTS. CLAIMS OR TITLE TO WATER, WHET=R OR NOT THY MATTERS EXCEPTBD UNDER (A), (a) OR (C)
ARE SHOWN DY THE PUBLIC RECORDS.
S. CLTA HONBOWNERIS POLICY OF ;TITLE ZNSUMUM (6-2-98)
ALTA 80NSOWSZR'S POLICY OF TITLE.INSURANCS (10-17-9.8)
EXCLIISIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LASS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM:
I. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS
INCLUDES ORDINANCES, LAWS AND REGULATIONS'CONCSRNINOi
A. BUILDING
S. ZONING
C. LAND USE
D. IMPROVEMENTS ON LAN%)
E. LAND DIVISION
F. ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THY ENFORCEMENT OF THESE MATT>IF2S IF NOTICE OF THE VIOLATION OR
ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT, THE. POLICY DAIZ.
THIS EXCLUSION DOES NOT LIMIT THE CYVERAGE DESCRIBED IN COVERED RISC 14, 15, 16, 17, OR 24.
2. THE FAILURE OF YOUR EXISTING STRUCTURES. OR ANY PART OF THEM, TO'BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE
BUILDING CODES. THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF TR8 VIOLATION
APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE.
3. THE RIGHT TO TAKE THE LAND BY CONOSMNING IT, UNLESS.
A. NOTICE OF EXERCISING THE RIGHT'APPEARS IDT THE PUBLIC RECORDS; AT THE POLICY DATE; OR
B. THE :TAKING FtAPPENED HfiPORE THS POLICY DATE AND IS BINDINNG ON.'YOU:IF YOU SOUGHT,= LAND WITHOUT
KNOWING OF THE TAKING,
4. RISKS: .
A. THAT ARE CREATED, ALLOWED, OR AGREED To BY YOU, *MTN2R; OR NOT THEY APPEAR IN THE PUBLIC RECORDS;
B. THAT ARE KNOWN TO YOU AT THE POLICY DATE, BUT NOT TO US, UNLESS THEY APPEAR IN'THE PU31LIC RECORDS
AT THE POLICY DATE;
C. TWA? RESULT IN NO LOSS TO YOU; OR
D. THAT FIRST OCCUR AFTER THE POLICY DATE . THIS DOES NOT 'LIMIT: THE COVERAGE DESCRIBED IN COVERED RISK
7, t3.D, 22, 23, 24. OR 2S.
5. FAILURE TV PAY VALUE FOR YOUR TITLE.
C. TACK OF A RICRT:
A. TO ANY LAND OUTSID.2 THE AREA SPSCIBICALLy. DESCRIBED AND REFERRED TO .IN PARAGRAPH 3 OP SCHEDULE Al
AND
B. IN STREETS, ALLEYS,.OR WA72RXKYS THAT TOUCH THE LAND.
TKIS EXCLUSION DOES NOT LIMIT TRE'COVERAGE OR IN COVERED RISK 11 OR 1S.
REV. 1449 STZWART TITLZ GakR]1WY CowANy
PAOE S OF 6
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LOAN POLICY OF TITLE INSURANCE
EXCLUSIOM FROM COVERAGE
Ex,
TIRE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM EFTS COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF!
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND 20NINC
LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING. PROHIBITING OR RELATING TO (1) THE OCCUPANCY,
USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY iMPROVEMENT NOW OR
HEREAFTER ERECTED ON THE LAW : (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 H&S BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
THIS EXCLUSION FROM COVERAGE l(A) DOES NOT LIMIT THE COVERAOE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17, 34, AND 41.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCL?,MRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY,
THIS EXCLUSION FROM COVERAGE I(A)-DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17. 34. AND 41.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAxiNG WHICH HAS OCCURRED PRIOR To DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT FQ!IOWLSDGE.
3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERSi
(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 TH£ DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT:
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE.OF POLICY (THIS,EXCLUSION FROM COVERAGE .3 (D) DOES NOT LIMIT THE
COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24. 2S, 2S, 28, 29, 30, 32, 33, 34,
35, 38, 39, AND 40);
(E) RESULTINC IN LASS OR DAMAGE WHICH WOULD NOT NAVE BEEN'SU9TAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE INSURED MORTGAGE.
4. UNENFORCEABILITY OF TRiE LIEN OF THE INSURED MORTGAGE B2CAU9E OF = INABILITY OR FAI'LURB OF THE INSURED'AT
DATE OF POLICY, OR THE INABILITY OR'FAILURE OF ANY.SUBSEQUENS OWNER, OF TKN INDEBTEDNESS, TO COMPLY WITH
APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND I8 SITUATED.
5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THRREOP, WHICH ARISES OUT OF
THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS WED UPON ANY CONSUMER CREDIT PROTECTION OR
TRUTH- IN•LENDING LAW.
6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY,
BY REASON OF THE OPERATION OF FEDERAL BAMMUPTCY, STATE INSOLVENCY, OR SIMILAR.CREDITORS' RIGHTS LAW9, THAT
IS BASED ON:
(A) THE TRANSACTION CREATING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR
FRAUDULENT TRANSFER; OR
(9) T42 SUBORDINATION Or THE INTEREST OF THE INSURED MORTGAGES AS A RESULT OF :THE APPLICATION OF THE DOCTRINE
OF EQUITABLE SUBORDINATION; OR
(C) THE TRANSACTION CREATING THE iNTERS9T OF THE INSURED MORTGAGYY RRINC DEEMED A PREFERENTIAL TRANSFER IIXCEPT
WHERE THE PREFERENTIAL: TRANSFER RESULTS FROM THE FAILURE;
(I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR.
(fI) OF SUCH RECORDATION TO IMPART NOTICE TO A'PURCHAS&R FOR VALUE OR A JUDG14ENT OR LIEN CREDITOR,
7. TAXES, ASSESSMENTS, COSTS, CHARGSS,;DAMAGES AND OTHER OBLIGATIONS TO THE OOVERNMENN'T�9ECURED BY STATUTORY '
LIENS TRAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT'THIS EXCLUSION 7 DOSS NOT LIMIT THE
COVERAGE OF INSURING PROVISION 34.
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