Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
LLA-Paul E. & Barbara H. Weiss, Linda Weiss Lipinski, Richard Alan Weiss, and Mark Bennett Weiss, 20955 Stevens Creek Blvd, APNs: 326-31-018 and 326-31-020(III`Ioo -IVU
0rjg�, Kilo 11452ll�
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 19549144
Pages: 25
Fees.... No Fees
Taxes..
Copies.
AMT PAID
RECINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Alliance Title Company
RDE # 012
8/14/2007
8 00 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOTLINE ADJUSTMENT
Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust dated December 13,
1982, as amended, Linda Weiss Lipinski, Richard Alan Weiss and Mark Bennett Weiss
APN: 326-31-018 and 326-31-020
�xpriginal
❑For Fast Endorsement
LOT LINE ADJUSTMENT
RECEIVED
S E P 10 2007
PUBLIC WORKS DEPARTMENT
Property Owners: Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust dated
December 13, 1982, as amended, Linda Weiss Lipinski, Richard Alan Weiss and Mark Bennett Weiss
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 APN 326-31-020 (Parcel 1) and APN 326-31-018
(Parcel 4) as designated on the attached plat and descriptions marked Exhibit "A" and attached hereto, has
been submitted by the record owners of the above properties (as shown in Exhibit `B", attached) of the City
of Cupertino with the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater
number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H 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 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 4 I/ 1 , 2007
Ralph A. Qualls Jr.
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of sQ n i a Qra
On AugU5-t 7,2-W7 beforeme,_ KtM MarLe `3mtk
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared RQipit auct it s
Name(s) of Signer(s)
N-p-'ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
110 C=WV Wbn # 161 SM
10"a" haft - cawomo �
fWft Ckw County -
MVCannw Nov 1,
to be the person(,gf whose name( is/afe
subscribed to the within instrument and
acknowledged to me that he/sho4hey executed
the same in his/h@FAheir authorized
capacity(io�, and that by his+erf�
signature(g) on the instrument the person(a7, or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
. /4PN 306-31-01$
Title or Type of Document: O f oZ t V! e %{ d t U S l YYl '2Yt'� Jq PN 3 2&- 31-d 2-0
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.NationalNotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827
January 9, 2007
Job No. A05235
Page 1 of 5
EXHIBIT A
LEGAL DESCRIPTION
EXISTING PARCEL 4
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, and is described as follows:
Parcel 4, as described in the certain Grant Deed recorded on August, 17, 1999 as Document
No. 14943392, Santa Clara County Records.
Description prepared by Kier & Wright Civil Engineers & Surveyor's Inc.
Date JinZ1y R. Vigil fS. 6256
L•\PROJECTS\A05235\DOCS\LEGALS\LEGAL DESCRIPTION BEFORE.doc
ElX_ January 9, 2007
��lT A Job No. A05235
Page 2 of 5
EXHIBIT A
LEGAL DESCRIPTION
EXISTING PARCEL ONE
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, and is described as follows:
Being a portion of Parcel One, as described in the certain Grant Deed recorded on August,
17, 1999 as Document No. 14943392, Santa Clara County Records more particularly
described as follows:
Beginning at the southeasterly corner of said Parcel One, said point also being on the
northerly line of Stevens Creek Boulevard, thence along said northerly line, North
89107'09" West, 63.24 feet;
Thence North 89'01'43" West, 282.52 feet;
Thence South 89° 18' 19" West, 130.07 feet to a point on the easterly line of "Tract 3" as
described in that Corporate Grant Deed recorded August 4, 2000 as Document No.
15345752, Santa Clara County Records;
Thence along said easterly line, North, 135.00 feet to the northerly line of said "Tract 3",-
Thence along said northerly line, South 89°53'30" West, 150.00 feet to the point on the
easterly line of Stelling Road;
Thence along said easterly line, North, 59.32 feet to a point on the southerly line of Parcel 4
as described in the certain Grant Deed recorded on August, 17, 1999 as Document No.
14943392, Santa Clara County Records;
Thence along the southerly, easterly and northerly lines of said Parcel 4 the following three
(3) courses and distances;
I. East, 91.00 feet;
2. North, 90.00 feet;
3. West, 91.00 feet to a point on the easterly line of Stelling Road;
Thence along said easterly line, North, 114.48 feet to a point on the southerly line of that
certain land described in that Corporation Grant Deed, recorded October 24, 1991 in Book
L903 of Official Records at page 66, Santa Clara County Records;
Thence along said southerly line, East, 652.56 feet to a point on the westerly line of Lot 1 as
shown on that certain Parcel Map, filed for record on December 30, 1980 in Book 477 of
Maps at pages 51 and 52, Santa Clara County Records;
EXHIBITA January 9, 2007
Job No. A05235
Page 3 of 5
Thence along said westerly line, South 00001'50" East, 402.70 feet along said westerly line
of Lot 1 and the westerly line of Parcel B as shown on that certain map filed for record on
November 4, 1980 in Book 474 of maps at pages 37 & 38 to a point on the southerly line of
Stevens Creek Boulevard and the Point of Beginning.
Description prepared by Kier & Wright Civil Engineers & Surveyor's Inc.
< >i
s v I• V ^ ``T� P e9 Off ✓ A n
Date Ji y R. Vigil L. . 6256 ry`
m�y pa
I:\PROJECTS\A05235\DOCS\LEGALS\LEGAL DESCRIPTION BEFORE.doc
EXHIBIT
July 23, 2007
Job No. A05235
CA
Page 1 of 4
EXHIBIT "A"
LOT LINE ADJUSTMENT
LEGAL DESCRIPTION FOR
PARCEL A
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, being all of Parcel No. One and Parcel 4 as described in that certain Grant
Deed recorded August 17, 1999, as Document No, 14943392, Santa Clara County
Records, excepting therefrom that portion condemned for street purposes by those
documents recorded May 6, 1968 in Book 8113, page 88, and July 14, 1967 in Book
7786, page 13, Official Records of Santa Clara County, described as follows:
A portion of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian, described as
follows:
Beginning at a point on the Westerly line of said Section 13, distant thereon North,
185.00 feet from the Southwesterly corner of said Northwest 1/4 of Section 13; thence
along said Westerly line of Section 13, North, 59.32 feet to the intersection thereof with
the Westerly prolongation of the Southerly line of said Parcel 4; thence along said
prolongation, East, 12.00 feet to the westerly line of said Parcel 4; thence North, 90.00
feet along said westerly line to the northwest corner of said Parcel 4; thence West, 12.00
feet to the Westerly line of Section 13; thence along said Westerly line of Section 13,
North, 114.48 feet to the Westerly prolongation of the Southerly line of that certain parcel
of land conveyed to Assembly of God of Cupertino, California, a corporation, by deed
recorded in Book L903 at page 0066, Official Records Santa Clara County; thence along
said prolongation and along said Southerly line of those lands so conveyed to said
Assembly of God, East, 662.40 feet the Southeasterly corner thereof in the Easterly line
of the West 1/2 of the Southwest 1/4 of said Northwest 1/4 of Section 13; thence along
last mentioned line, South 0° OF 50" East, 447.54 feet (447.55') to a point in the
Southerly line of said Northwest 1/4 of Section 13; thence along last mentioned line
(being also the original center line of Stevens Creek Boulevard) South 89' 53' 30" West
(South 89' 50' 30" West), 475.64 feet to a point on the southerly prolongation of the
easterly line of that certain parcel of land described in the Grant Deed recorded August 4,
2000, Document No. 15345752, Official Records; thence North, 185.00 feet along said
southerly prolongation and said easterly line to the northeast corner of said parcel; thence
South 89' 53' 30" West, 187.00 feet along the northerly line of said parcel and its
westerly prolongation to the Point of Beginning.
Excepting therefrom Acquisition Parcels No. 49-I, 49-II and 49-III as described in said
document recorded May 6, 1968 in Book 8113, page 88, Official Records of Santa Clara
County, more particularly described as follows:
PARCEL NO.49-I
1:\PROJECTS\A05235\DOCS\LEGALS\LOT LINE ADJUSTMENT\LLA.doc
C'lAvHIBIT "All July 23, 2007
Job No. A05235
Page 2 of 4
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land fifteen (15) feet in width, measured at right angles, a portion of that
certain parcel of land described in the deed to Chaffetz and Lavine, recorded in Book
6705 of Official Records of Santa Clara County at page 274, et seq., more particularly
described as follows:
Beginning at the intersection of the Easterly line of the above -referenced parcel with the
existing line of Stevens Creek Boulevard at 30.00 feet from the original centerline
thereof, and running thence along said line of Stevens Creek Boulevard South 89' 53' 30"
West, 475.62 feet (475.64'); thence due North, 15.00 feet to the intersection with a line
drawn parallel to and distant Northerly at right angles 45.00 feet from said original
centerline of Stevens Creek Boulevard; thence along said parallel line North 89' 53' 30"
East, 475.61 feet (475.64'); thence South 0° 0l' 50" East, 15.00 feet to the point of
beginning and containing 0.164 acres of land, more or less.
PARCEL NO.49-II
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq., and more particularly
described as follows:
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 185.00 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; running thence along said line of Stelling Road due North, 59.30 feet
(59.32'); thence due East, 25.00 feet to the intersection with a line drawn parallel to and
distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest 1/4 of Section 13; thence along said parallel line due South, 59.25 feet
(59.32'); thence due West, 25.00 feet to the point of beginning and containing 0.034 acres
of land, more or less.
PARCEL NO. 49-III
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq, and more particularly described
as follows:
I:\PROJECTS\A05235\DOCS\LEGALS\LOT LINE ADJUSTMENT\LLA.doc
EXHIBIT "A
' �' July 23, 2007
Job No. A05235
Page 3 of 4
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 334.32 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; thence along said line of Stelling Road due North, 114.48 feet; thence due
East, 25.00 feet to the intersection with a line drawn parallel to and distant Easterly at
right angles 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line due South, 114.48 feet; thence due West, 25.00
feet to the Point of Beginning and containing 0.066 acres of land, more or less.
Also excepting therefrom Acquisition Parcels No. 50 as described in said document
recorded July 14, 1967 in Book 7786, page 13, Official Records of Santa Clara County:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land, described in the Deed to Lansford, recorded in Book 6834 of Official
Records of Santa Clara County, at page 22, et seq., more particularly described as
follows:
Beginning at a point in the Easterly line of Stelling Road, at 40 feet in width, distant
thereon due North, 244.32 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; and running thence along said line of Stelling Road due North, 90.00 feet;
thence East, 25.00 feet to the intersection with a line drawn parallel to and distant
Easterly 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line South, 90.00 feet; thence West, 25.00 feet to
the point of beginning and containing 0.052 acres of land, more or less.
As shown on sheet 4, attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
7--23-a 7
Date
/4elG� 45-'��
Ryan M. Amaya, L.S. 8134
I:\PROJECTS\A05235\DOCS\LEGALS\LOT LINE ADJUSTMENT\LLA.doc
'I0
II J
W
co
NOTE:
RECORD DISTANCES FROM ORIGINAL
RECORDED DOCUMENTS ARE SHOWN IN
1 I PARENTHESIS. THE DISTANCE PRECEDING
II THE RECORD DISTANCE IS CALCULATED
FOR ACCURATE CLOSURE.
I
00
rn
U- w
OO N
z
OW
oa
I O
z
12.0'
bo
LAND s�\
M .
* EXP. 12-31-08
`%- 2 ' - C
d' No
9TF OF
PARCEL
BEFORE
AFTER
PARCEL 4
0.188±ACRES
0.000±ACRES
PARCEL ONE
5.494±ACRES
0.000±ACRES
PARCEL A
0.000±ACRES
5.682±ACRES
TOTAL 5.997 t ACRES GROSS
EXCEPTIONS
7134 S.F.
PARCEL NO. 49-1
1482 S.F.
PARCEL NO. 49-II
2862 S.F.
PARCEL NO. 49-111
2250 S.F.
PARCEL NO. 50
13728 S.F. =
0.315 ACRES
PARCEL A
5.682 t ACRES GROSS
EAST 662.40'
62 5.40'
EXCEPTION (811 3 O.R. 88) (PARCEL NO. 49-III)
2862 S.F.
2 5.0' PARCEL 4
1 16.00' (DOC. NO. 14943392)
=ST 128.00_
EXCEPTION (7786 O.R. 13) (PARCEL NO. 50)
o �c 2250 S.F.
0
O1 12.0 z LOT LINE TO
1 16.00' -BE REMOVED
:AST 128.00'
-NORTH 59.25' (59.32')
59.30' (59.32')
EXCEPTION (81 13 O.R. 88) (PARCEL NO. 49-II)
1 50.00, 1484 S.F.
'53'30" W 187.00'
2 5.0'
0
0
PARCEL A
5.682± ACRES
34 7r% � o PORTION OF PARCEL NO. ONE
o c (DOC. NO. 14943392)
o �
o POINT OF =
I^ BEGINNING o q
PARCEL A z o '^
I0 --
O --
z
rnl o S 89°53'30" W 475.61' (475.64')
EXCEP_TIU_N (8113 O.R. 8 (PARCEL NO. 49-0711
S 89'53'30" W 475.62' (475.64')
S 89*53'30" W 475.64'
(S 89°50'30" W)
STEVENS CREEK BLVD
0
C
m
� I
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE DULY, 2007
FOR: SAND HILL PROPERTIES SCALE 1" = 100'
CUPERTINO CALIFORNIA DR. BY CSS
EXHIBIT "A" kW KIER & WRIGHT JOB A05235
LOT LINE ADJUSTMENT CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408) 727 6665
USER:,—W I:\PROJECTS\A05235\0W0\SURWY\LOT UNE ADJUSTMENT\C-LLA.dwg XLY 23. 2007 2:34 PM Santa Clara, California 95054 fax (408) 727 5641 4 OF 4
Escrow Branch:
901 Campisi Way, Suite 100
AllianceTitle
Campbell, CA 95008
PRELIMINARY REPORT (408) 559-3424
Fax: (408) 377-0284
Escrow Officer: Gloria Avila/mal
ORDER NO. 11290500-001-D GA
Ref. No: EXHIIBIT
Property Address:
20955 Stevens Creek Blvd.
Cupertino, CA 95014
APN: 326-31-018; 326-31-020
ARB: 326-31-018, 020
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
-t is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects,
.nd encumbrances affecting title to the land. This report (and any supplements hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
CLTA Owner's, ALTA Lender's issued by First American Title Insurance Company
Dated as of May 17, 2007 at 7:30 a.m.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A Fee
Title to said estate or interest at the date hereof is vested in:
Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust, dated December 13, 1982,
as to an undivided 70.75% interest; Mark Bennett Weiss, a single man, as to an undivided 9.75%
interest; Linda Weiss Lipinski, a married woman as her sole and separate property, as to an undivided
9.75% interest and Richard Alan Weiss, a married man as his sole and separate property, as to an
undivided 9.75% interest
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
Page No. 2
EXHIBIT B File No. 11290500-001-D GA
1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or
payable.
2. Said land lies within the Santa Clara County Library District Joint Powers Authority
Community Facilities District No. 2005-1, established under the guidelines of the Mello -Roos
Community Facilities Act.
Said assessment will be collected with the County/City property taxes.
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: the Santa Clara County Transit District
For: Bus Stop Easement
Recorded: November 29, 1988 in Book K 769, Page 2220, Official Records
Affects: A portion of said land
An unrecorded lease dated September 26, 2005 executed by Paul E. Weiss and Barbara H.
Weiss, as Trustees of The Weiss Family Trust dated December 13, 1982, as amended, Linda
Weiss Lipinski, Richard Alan Weiss, and Mark Bennett Weiss as lessor and SHP Cupertino
LLC, a California limited liability company as lessee, as disclosed by a Memorandum of Lease
Agreement recorded December 02, 2005 as Instrument No. 18703359, of Official Records.
The present ownership of said Leasehold and other matters affecting the interest of the lessee
are not shown herein.
6. An unrecorded Sublease dated July 22, 2005 executed by SHP-Cupertino, LLC, a California
limited liability company as Sublessor and Whole Foods Market California, Inc., a California
corporation as Sublessee, as disclosed by a Memorandum of Sublease recorded December 02,
2005 as Instrument No. 18703360 of Official Records.
The present ownership of said Leasehold and other matters affecting the interest of the lessee
are not shown herein.
7. The terms and provisions contained in the document entitled "Nondisturbance and Attornment
Agreement" recorded December 02, 2005 as Instrument No. Instrument No. 18703361, of
Official Records.
8. The terms and provisions contained in the document entitled "Stormwater Management
Facility Easement Agreement" recorded May 01, 2007 as Instrument No. 19408057 of Official
Records.
EXHIBIT B
Page No. 3
File No. 11290500-001-D GA
9. The terms and provisions contained in the document entitled "Stormwater Management
Facility Easement Agreement" recorded May 01, 2007 as Instrument No. 19408058 of Official
Records.
10. The terms and provisions contained in the document entitled "Covenant for Easement
Agreement" recorded May 07, 2007 as Instrument No. 19419251 of Official Records.
11. The terms and provisions contained in the document entitled "Covenant for Easement
Agreement" recorded May 07, 2007 as Instrument No. 19419252 of Official Records.
12. An easement for Road Purposes and incidental purposes in the document recorded May 10,
2007 as Instrument No. 19425401 of Official Records.
NOTES:
a. Date last insured: 8-2-85
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub -escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
e. SPECIAL RECORDINGS: Due to a severe budget shortfall, many County recorders have
announced that as of September 1, 1992, severe limitations will be placed on the acceptance of
"special recordings."
f. HOMEOWNERS ASSOCIATION: if the property herein described is subject to membership in a
Homeowners Association, it will become necessary that we be furnished a written statement from
the said Homeowners Association of which said property is a member, which provides that all
liens, charges and/or assessments levied on said land have been paid. Said statement should
provide clearance up to and including the time of closing. In order to avoid unnecessary delays at
the time of closing we ask that you obtain and forward said statement at your earliest convenience.
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
�EXHIBIT B
Page No. 4
File No. 11290500-001-D GA
g. DEMANDS: This company requires that all beneficiary demands be current at the time of closing.
If the demand has expired and a current demand cannot be obtained it may be necessary to hold
money whether payoff is made based on updated verbal figures or an expired demand.
h. LINE OF CREDIT PAYOFFS: If any deed of trust herein secures a line of credit we will require
that the account be frozen and closed and no additional advances be made to the borrower. If the
beneficiary is unwilling to freeze the account we will require you submit to us all unused checks,
debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by
the trustor stating that no additional advances will be made under the credit line. If neither of the
above is possible it will be necessary to hold any difference between the demand balance and the
maximum available credit.
i. MAPS: The map attached hereto may or may not be a survey of the land depicted thereon, you
should not rely upon it for any purpose other than orientation to the general location of the parcel
or parcels depicted, Alliance Title Company expressly disclaims any liability for alleged loss or
damages which may result from reliance upon this map.
According to the public records, no Deeds conveying the property described in this report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein --
NONE
k. 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.
1. This company is not aware of any matters which would cause it to decline to attach CLTA
endorsements 100 and 116 to an extended coverage lender's policy of title insurance issued in
connection with this escrow. CLTA endorsement 116 will indicate that a Commercial Property
known as 20955 Stevens Creek Blvd., Cupertino, CA 95014 is located thereon.
in. General and special taxes and assessments for the fiscal year 2006-2007.
First Installment: $5,753.03 Paid
Second Installment: $5,753.03 Paid
Tax Rate Area: 13-003
A. P. No.: 326-31-018
n. Supplemental taxes for the fiscal year 2005-2006 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
First Installment: $2,732.26 Paid
Second Installment: $2,732.26 Paid
Tax Rate Area: 13-003
A. P. No.: 326-31-018-51
Page No. 5
EXHIBIT 3 File No. 11290500-001-D GA
o. General and special taxes and assessments for the fiscal year 2006-2007.
First Installment: $11,201.68 Paid
Second Installment: $11,201.68 Paid
Tax Rate Area: 13-003
A. P. No.: 326-31-020
Page No. 6
File No. 11290500-001-D GA
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PARCEL ONE:
A portion of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 13, Township 7 South,
Range 2 West, Mount Diablo Base and Meridian, described as follows:
BEGINNING At a nail set in the Westerly line of said Section 13, distant thereon North 185.00 feet
from an iron bar at the Southwesterly corner of said Northwest 1/4 of Section 13; thence along said
Westerly line of Section 13, North 59.32 feet at a nail at the intersection thereof with the Westerly
prolongation of the Southerly line of that certain parcel of land conveyed to Evelyn Marie Maderis, et
vir, by Deed recorded in Book 2623 of Official Records, page 65, Santa Clara County Records; thence
along said prolongation and said Southerly line, East 128.00 feet to an iron pipe at the Southeasterly
corner thereof, thence along the Easterly line of lands so conveyed to Maderis, North 90.00 feet to an
iron pipe at the Northeasterly corner thereof; thence along the Northerly line of said lands so conveyed
to Maderis and the Westerly prolongation thereof, West 128.00 feet to a nail in said Westerly line of
Section 13; thence along said Westerly line of Section 13, North 114.48 feet to a nail at the intersection
thereof with the Westerly prolongation of the Southerly line of that certain parcel of land conveyed to
Assembly of God of Morita Vista, Cupertino, California, a corporation, by deed recorded in Book 3583
of Official Records, page 207, Santa Clara County Records; thence along said prolongation and said
Southerly line of said lands so conveyed to said Assembly of God, East 662.40 feet to an iron pipe at the
Southeasterly corner thereof in the Easterly line of the West 1/2 of the Southwest 1/4 of said Northwest
1/4 of Section 13; thence along last mentioned line, South 0° 01' 50" East 447.55 feet to a point in the
Southerly line of said Northwest 1/4 of Section 13; thence along last mentioned line (being also the
original center line of Stevens Creek Boulevard) South 89' 50' 30" West 475.64 feet to the Southeasterly
corner of Parcel 2 as described in the Deed to Western Title Guaranty Company, Santa Clara County
Division, a corporation, recorded in Book 4728 of Official Records, page 498, Santa Clara County
Records; thence along the Easterly line of said Parcel 2 and the Easterly line of Parcel 1 as described in
the last mentioned deed, North 185.00 feet to an iron pipe at the Northeasterly corner of said Parcel 1;
thence along the Northerly line of said Parcel 1 and the Westerly prolongation thereof, South 89' 53' 30"
West 187.00 feet to the POINT OF BEGINNING. CONTAINING 5.758 acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip of land fifteen (15) feet in width, measured at right angles, a portion of that certain parcel
of land described in the deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records of
Santa Clara County at page 274, et seq., more particularly described as follows:
Page No. 7
EXHIBIT "L3 File No. 11290500-001-D GA
BEGINNING at the intersection of the Easterly line of the above -referenced parcel with the existing line
of Stevens Creek Boulevard at 30.00 feet from the original centerline thereof; and running thence along
said line of Stevens Creek Boulevard South 89' 53' 30" West 475.64 feet; thence due North 15.00 feet to
the intersection with a line drawn parallel to and distant Northerly at right angles 45.00 feet from said
original centerline of Stevens Creek Boulevard;
thence along said parallel line North 89' 53' 30" East 475.64 feet; thence South 0° 01' 50" East 15.00
feet to the point of beginning and containing 0.164 acres of land, more or less.
ALSO EXCEPTING THEREFROM the following described parcel of land:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land
described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING at a point in the Easterly line of Stelling Road at 40 feet in width, distant thereon due
North 185.00 feet and due East 12.00 feet from the Southwestern corner of the Northwest 1/4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; running thence along said line
of Stelling Road due North 59.32 feet; thence due East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest 1/4 of Section 13; thence along said parallel line due South 59.32 feet; thence due West 25.00
feet to the point of beginning and containing 0.034 acres of land, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land
described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet in width, distant thereon due
North 334.32 feet and due East 12.00 feet from the Southwestern corner of the Northwest 1/4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along said line of
Stelling Road due North 114.48 feet; thence due East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest 1/4 of Section 13; thence along said parallel line due South 114.48 feet; thence due West
25.00 feet to the POINT OF BEGINNING and containing 0.066 acres of land, more or less.
PARCEL TWO:
BEGINNING at a point in the Easterly line of Stelling Road, 40 feet wide, distant thereon 378.48 feet
South of the point of intersection of said line of Stelling Road, with the Westerly prolongation of the
Southerly line of Tract No. 936, the Map of which was filed for record May 12, 1952 in Book 36 of
Maps, page 52, Santa Clara County Records; thence along said line of Stelling Road, South 90.00 feet;
thence leaving said line at right angles East 116.00 feet to an iron pipe; thence at right angles North and
parallel with said line of Stelling Road, 90.00 feet to an iron pipe; thence at right angles West 116.00
Page No. 8 EXHIBIT8
File No. 11290500-001-D GA
feet to the point of beginning and being a portion of the Northwest 1/4 of Section 13, Township 7 South
Range 2 West, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM the following described parcel of land:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land,
described in the Deed to Lansford, recorded in Book 6834 of Official Records of Santa Clara County, at
page 22, et seq., more particularly described as follows:
BEGINNING at a point in the Easterly line of Stelling Road, at 40 feet in width, distant thereon due
North 244.32 feet and due East 12.00 feet from the Southwestern corner of the Northwest 1/4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; and running thence along said
line of Stelling Road due North 90.00 feet; thence East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line South 90.00 feet; thence West 25.00 feet to the point of
beginning and containing 0.052 acres of land, more or less.
EXCEPTING THEREFROM PARCELS ONE AND TWO the underground water or rights thereto, with
no right of surface entry, as granted to the City of Cupertino by instrument recorded November 09, 1980
in Book K 752, page 274, Official Records.
ARB No: 326-31-018, 020
APN No: 326-31-018; 326-31-020
AllianceTitle 'E!"OXHIBIT3
Notice
In accordance with Section 18662 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to 3 and 1/3 percent of
the sales price in the case of the disposition of California real property interest by either:
1) A seller who is an individual or when the disbursement instructions authorize the proceeds to be sent to a financial intermediary of the
seller, OR
2) A corporate seller that has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld
or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount
or be subject to penalty for failure to withhold if:
1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00), OR
2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a corporation with a permanent place
of business in California, OR
3) The seller, who is an individual, executes a written certificate, under the penalty of perjury, certifying:
a. That the California real property being conveyed is the seller's principal residence (within the meaning of Section 121 of the
Internal Revenue Code).
b. That the California real property being conveyed is or will be exchanged for property of like kind (within the meaning of
Section 1031 of the Internal Revenue Code), but only to the extent of the amount of gain not required to be recognized for
California income tax purposes under Section 1031 of the Internal Revenue Code.
c. That the California real property being conveyed has been compulsorily or involuntarily converted (within the meaning of
Section 1033 of the Internal Revenue Code) and that the seller intends to acquire property similar or related in service or use
so as to be eligible under Section 1033 of the Internal Revenue Code.
d. That the California real property transaction will result in a loss for California income tax purposes.
The Seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant a reduced withholding and waivers
from withholding on a case -by -case basis for corporations or other entities.
The parties to this transaction should seek the professional advice and counsel of an attorney, accountant or other tax specialist's opinion concerning
the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property?
♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
transaction?
♦ Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ Will the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment.
♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so he or she may order payoff demands in a timely
manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer.
♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new
lender on the policy as a loss payee.
♦ If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. Alliance
Title Company has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy
from us). Note: Each method by which you can hold title has different legal Wor tax considerations & parties are encouraged to obtain advise
from an Attorney, CPA, or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
EXHIBIT A EXHIBU B
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Poky Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees of 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 notice of such proceedings, whether or not shown by the records of such agency or by the public
records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in
possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters
excepted under (a), (b), or (c) are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3. Defects, liens, encumbrances, adverse claims, or other matters.
(a) 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 for the estate or interest insured by this
policy
Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured mortgage and is based upon usury
or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or
enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a
reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not
disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder. (c) resulting in no loss or damage to the
insured claimant, (d) attaching or created subsequent to Date of Policy, or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXHIBIT B
SCHEDULE OF EXCLUSIONS FROM COVERAGE
,ny law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of
the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the
dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by
the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured
mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage
to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the
extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing
business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, of claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
b. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to
(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 from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created. suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,
labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an
improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
and the following exceptions to coverage appear in the policy.
SCHEDULE B tAHI�BiIT B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of.
1. 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.
4ny facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons
,ossession thereof.
. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (iii) a separation in ownership
or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant,
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
n the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used
the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof: water rights, claims or title to water,
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use • land division
improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
XH I
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A BIT
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
C. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records:
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
-ack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)
the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership
or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14,
15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or
LAHIB;IT
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
Jnenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
" 's policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set
forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE
AM326O31 Page 1
� M
,00/ti/ D7YJ,s'
'CATO aron M33W SN3A315 AIWA
3I
n
Yi33b� SN3n31S �
• 9NIh
h
R
a
0
3AWO M aN'til 53A-IV
l
0
Z
J
J
W
F-
N
Z
F
