LLA-Sandra L. Delgado, 10739 Santa Lucia Rd, APN: 342-17-036 Alliance Title Co Mall DOCUMENT: 1 $85.fi0o9 Pages 19
RED ORDprtREQUESTED BY . 61 .00
of opeI C s.
AMT PAID 61 ,00
WHEN RECORDED MAIL TO
BRENDA DAMS RDE # 012
City of Cupertino SANTA CLARA COUNTY RECORDER 3/23/2006
10300 Torre Avenue Recorded at the request of 8i00 AM
Cupertino, CA 95014 Alliance Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
LOTLINE ADJUSTMENT
For: Sandra L. Delgado, a married woman as her sole and separate property
y APN: 342-17-036
f�
0
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Original
0 For Fast Endorsement
LOT LINE ADJUSTMENT
For: Sandra L. Delgado, a married woman as her sole and separate property
APN: 342-17-036
ACTIONBY THE CITYENGINEER 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, Lots I - A, I-C (1) and I-C (2), as designated on the
attached plat and descriptions marked Exhibit "A", and attached hereto, has been submitted by the record
owners of the above properties (as shown in Exhibit "B", attached) of the City of Cupertino with the
request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a greater
number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.O10H 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 W—day of Ak , 2006.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
By:
i
BIT
EXISTING LEGAL DESCRIPTION
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Beginning at found'/4" Iron Pipe at the most northerly corner of Section 119, as
designated on "Map of Inspiration Heights, Monta Vista,"recorded April 11, 1917 in
Boole"P" of Maps,page 13 in the office of the County Recorder of the County of Santa
Clara, State of California and as described in Grant Deed Document recorded June 6,
2005 document number 18402567 in the office of the County Recorder of the County of
Santa Clara, State of California,; thence S 44' 58' 00" E 176.80 feet; thence S 48' 05'
49"W 198.34 feet; thence N 440 58' 00" W 90.12 feet; thence N 45' 09' 22"E 109 feet;
thence N 44' 58' 00" W 75.12 feet; thence N 45' 09' 22"E 89 feet, to the point of
beginning.
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ARB No: 342-17-36 ��psomm
APNNo: 342-17-10046
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No.C 30442p
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THIS PLAT WAS PREPARED USING
RECORD OF SURVEY MAP 688 M30,
PREPARED FOR THIS PARCEL. i�Jl i
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-. BOOK 688 PAGE 30
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LOT 150
LOT 117
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EXHIBIT A
PLAT MAP FOR EXISITING PARCEL
SANTA LUCIA DRIVE, CUPERTINO
APNI 342-17-100
SMP ENGINEERS DATE: 01-12-06
Civil Engineers - Land Surveyors SCALE : 1"=30'
1534 Carob Lane Los Altos, CA 94024 JOB NO,: 2224
;? Tel. (650) 941-8055 Fax (650) 941-8755 Sheet 1 Of 1
LAHIBITA
EXHIBIT A
LEGAL DESCRIPTION
10739 SANTA LUCIA ROAD
LOT LINE ADJUSTMENT
All that certain real property situated in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Lot 1:
Beginning at the most northerly corner of Section 119, as designated on "Map of
Inspiration Heights, Monta Vista,"recorded April 11, 1917 in Book "P" of Maps,page
13 in the office of the County Recorder of the County of Santa Clara, State of California
and as described in Grant Deed Document recorded Jtme 6, 2005 document number
18402567 in the office of the County Recorder of the County of Santa Clara, State of
California,; thence S 45' 02' 00" W 5.0 feet; thence S 44' 58' 00" E 92.27 feet; to the
true point of beginning; thence S 44' 58' 00"E 84.53 feet; thence S 480 22' 30" W
193.33 feet; thence N 44' 46' 46"W 19.82 feet; thence N 60'45' 04" E 120.95 feet;
thence N 45' 02' 00" E 84.14 feet; to the true point of beginning.
Lot 2:
Beginning at the most northerly corner of Section 119, as designated on"Map of
Inspiration Heights, Monta Vista,"recorded April 11, 1917 in Book "P" of Maps, page
13 in the office of the County Recorder of the County of Santa Clara, State of California
and as described in Grant Deed Document recorded June 6, 2005 document number
18402567 in the office of the County Recorder of the County of Santa Clara, State of
California,; thence S 45' 02' 00" W 5.0 feet; to the true point of beginning; thence S 44'
58' 00" E 92.27 feet; thence S 45' 02' 00" W 84.14 feet; thence S 600 45' 04" W
120.95 feet; thence N 44' 46' 46"W 70.30 feet ;thence N 45' 09' 22" E 109.00 feet;
thence N 44° 58' 00" W 75.12 feet; thence N 45' 02' 00"E 83.73 feet; to the true point
of beginning.
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ARB No: 342-17-36
APN No: 342-17-100 �' So
No.C 30442
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Square feet of existing structure to remain =0
PLAT TO ACCOMPANY DESCRIPTION FOR LOT LINE ADJUSTMENT , EXHIBIT A
SANTA LUCIA DRIVE, CUPERTINO
LOT
SMP ENGINEERS DATE: 2-27-06
Civil Engineers — Land Surveyors SCALE : 1 "=30'
1534 CAROB LANE LOS ALTOS, CA 94024 JOB NO.: 2224
Tel. (650) 941-8055 Fax (650)941-8755 PAGE 1 OF 1
EXHIBIT A TPDB POB
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LOT 117
Square feet of existing structure to remain =0
PLAT TO ACCOMPANY DESCRIPTION FOR LOT LINE ADJUSTMENT , EXHIBIT A
SANTA LUCIA DRIVE, CUPERTINO
LOT 2
SMP ENGINEERS DATE: 2-27-06
Civil Engineers - Land Surveyors SCALE : 1"=30'
1534 CAROB LANE LOS ALTOS, CA 94024 JOB NO.: 2224
Tel. (650) 941-8055 Fax (650)941-8755 PAGE 1 OF 1
i
+Escrow Branch: EXHIBi iT
B
AllianceTtle
San s First Street,#17S
San Jose,CA 95112
(408)573-3800
PRELIMINARY REPORT Fax: (408)573-3830
Escrow Officer: Maggie Reyes/mal
ORDER NO. 11383148-286-A MR1
Ref.No:
City of Cupertino Property Address:
10739 Santa Lucia Road
Cupertino, CA 95014
Attn.: c/o Phil Kessler APN: 342-17-100
ARB: 342-17-36
In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue,or cause to be issued,
as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The
exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy
and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects,
and encumbrances affecting title to the land. This report(and any supplements hereto)is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance,a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
ALTA Lender's Policy issued by First American Title Insurance Company
Dated as of February 24, 2006 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:
Sandra L. Delgado, a married woman as her sole and separate property
The land referred to in this Report is situated in the State of California,County of Santa Clara and is described as follows:
(See "Legal Description"Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
Page No. 2
File No. 11383148-2866--A 1
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2006-
2007, a lien not yet due or payable.
2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2005-
2006, a lien, shown as follows:
I st Installment $929.68 Delinquent+Penalty$112.96
2nd Installment $929.68 Open
Assessor's Parcel No. 342-17-100 Code Area 13-010
Land $31,640.00 IMP $14,072.00 PP NONE Exempt NONE
3. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75)to the Revenue and Taxation Code of the State of California.
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: City of Cupertino
For: public roadway purposes, together with the right to construct repair,operate,
and maintain any and all public utilities and improvements which shall be or
become necessary for preservation of the public safety, welfare or convenience
Recorded: May 01, 2003, under Recorder's Series No. 17005637, Official Records
Affects: as follows:
Beginning at the most Northerly comer of that certain parcel of land, as shown on that certain
Record of Survey recorded May 20, 1997 in Book 688 of Maps at page 30, Santa Clara County
Records,
thence South 44 Degrees 58 Minutes 00 Seconds East a distance of 176.80.53 feet;
thence South 48 Degrees 22 Minutes 30 Seconds West a distance of 5.0 feet;
thence North 44 Degrees 58 Minutes 00 Seconds West a distance of 176,80.53 feet;
thence North 48 Degrees 22 minutes 30 Seconds East a distance of 5.0 feet.
5. A deed of trust to secure an indebtedness in the original amount shown below,
Dated : May 20, 2005
Amount : $150,000.00
Truster : Sandra L. Delgado-Haider(aka Sandra L. Delgado), Successor Trustee of the
1995 Mary Pesce King Revocable Trust dated January 05, 1995, as to an
undivided 50.0%interest and Sandra Delgado, a married woman as her sole and
separate property as to an undivided 50.0% interest, as tenants in common
Trustee : CSF Loan Servicing LTD
Beneficiary : James Smaha, Trustee of the Smaha Family Trust DTD 7/87, as to an undivided
66.667% interest and Walter S. Pienkos Jr. and Deborah A. Pienkos, Trustees of
the Pienkos Living Trust dated April 26, 1994, as to an undivided 33.333%
interest
Recorded: June 3, 2005 under Recorder's Series No. 18402322 Official Records
Loan No. : 051239
Page No.3 EMBI,l. B
File No. 11383148-286-A MRl
6. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements,
if any.
NOTES:
a. Date last insured: 06-06-05
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.
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 truster 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.
Page No.4 EXHIBIT B
File No. 11383148-286-A MR1
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.
j. According to the public records,no Deeds conveying the property described in this report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein--
Grantor: Sandra L. Delgado-Haider(aka Sandra L. Delgado), trustee of the 1995 Mary
Pesce King Revocable Trust u/d/t January 05, 1995
Grantee: Sandra L. Delgado, a married woman as her sole and separate property
Recorded: May 5, 2005 under Recorder's Series No. 18355906, Official Records.
Grantor: Sandra L. Delgado, a married woman as her sole and separate property
Grantee: Sandra L. Delgado-Haider(aka Sandra L. Delgado), Successor trustee of the
1995 Mary Pesce King Revocable Trust dated January 05, 1995, as to an
undivided 50%interest and Sandra L. Delgado, a married woman as her sole
and separate property as to an undivided 50%interest, as tenants in common
Recorded: June 3, 2005 under Recorder's Series No. 18402321, Official Records.
Grantor: Sandra L. Delgado-Haider(aka Sandra L. Delgado), Successor trustee of the
1995 Mary Pesce King Revocable Trust dated January 05, 1995 and Sandra L.
Delgado, a married woman as her sole and separate property
Grantee: Sandra L. Delgado, a married woman as her sole and separate property
Recorded: June 6, 2005 under Recorder's Series No. 18402567, Official Records.
k. 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 Single Family Dwelling
known as 10739 Santa Lucia Road, Cupertino, CA 95014 is located thereon.
1. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire
lot on a recorded final map.
Page No.5 File No. 11383148-286EIIBIT B
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Beginning at found 3/4"Iron Pipe at the most northerly corner of Section 119, as designated on"Map of
Inspiration Heights,Morita Vista,"recorded April 11, 1917 in Book"P"of Maps,page 13 in the office
of the County Recorder of the County of Santa Clara, State of California and as described in Grant Deed
Document recorded June 6, 2005 document number 18402567 in the office of the County Recorder of
the County of Santa Clara, State of California;thence S 44' 58' 00"E 176.80 feet; thence S 48' 05'
49"W 198.34 feet; thence N 44' 58' 00"W 90.12 feet; thence N 45' 09' 22"E 109 feet; thence N 44'
58' 00" W 75.12 feet; thence N 45' 09' 22"E 89 feet, to the point of beginning.
ARB No: 342-17-36
APN No: 342-17-100
EXHIBIT B
AllianceTitle
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:
I) 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 loans)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 &/or tax considerations&parties are encouraged to obtain advise
from an Attorney,CPA,or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer,or are required by law.
I
EXHIBIT L
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage land 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(lens 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.
<. 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.
. 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 toots which a correct survey would disclose,and which are not shown by the public records.
(a)Unpatented mining clalms,(b)reservations or exceptions In patents or In Acts authorizing the issuance thereof,of water rights,claims or title to water,whether or not the masers
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 odes 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 pamel of which the land Is or was a part,or IN)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 Polley.
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 hes
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
Defects,liens,encumbrances,adverse claims,or other madam.
(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 Dote of Policy,or
(a) 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
Unenforceabiliy 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"paws of the state in which the land is situated.
.,. Invalidity or unenforceability of the lien of the Insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury
or any consumer credit protection or truth In lending law,
fi. 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 banWuptcy,state insolvency or slmllar 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.
'1. 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 Dale 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 less 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
'his policy does not Insure against lass or damage by reason of the matters shown in parts one and two following:
Pan One:
Taxes or assessments which are not shown as existing(lens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
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
i Easements,claims of easement or encumbrances which are not shown by the public records.
a Discrepancies,confgcts in boundary lines shortage in area,encroachments,or any other facts which a correct survey would disease,and which are not shown by public records
Unpatented mining claims,reservations or exceptions In patents or in Acts authorizing the issuance thereof,water dghe,claims or tide to water.
1+ 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 EXHIBIT B
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I 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 arenas of the land,orlhe 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 Danced Policy.
., Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed ar 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 Dale of Policy or at the date such claimant acquired an estate or interest insured by this policy or acqulred 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 heroin 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),
1 UnenforceabiIlly 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,
S.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
ere used and the following exceptions to coverage appear in the policy.
SCHEDULE B
Phis policy does not Insure against loss or damage by reason of the matters shown In parts one and two following:
Part One:
I. Taxes or assessments which are not shown as existing(lens by the records of any taxing authority,that levies taxes orassessments on real property or by the public records.
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.
Easements,claims of easement or encumbrances which are not shown by the public records.
G 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.
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 theretofore or hereafter furnished,Imposed by law and not shown by the public records,
6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
I'he following matters are expressly excluded from the coverage of this policy and the Company will not pay loss ordamege,costs,attorneys'fees or expenses which arise by reason of
(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,III the character,dimensions or location of any improvement now or hereafter erected on the land, (ill)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 Data 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.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
Defects,liens,encumbrances,adverse claims or other matters.
(a) 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 data 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 Dale 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,
I. Unanforceabllity of the lien of the insured mortgage because of the Inability or fallure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the
indebtedness,to comply with applicable"doing business"laws of the state In which the land is situated.
,. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
b. 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.
' 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:
hu the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance orfraudulent transfer,or
(,I) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;or
(ill) 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 - 1792 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and notes an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used
:cod the following exceptions to coverage appear In the policy.
EXHIBIT B
SCHEDULE B
his policy does not insure against loss or damage(and the Company will not pay casts,atlomeys'fees or expenses)which arise by reason of.
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.
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.
i. Easements,claims of easement or encumbrances which are not shown by the public records.
l Discrepancies,conflicts in boundary Imes,shortage In area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records
i Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the Issuance thereof,water rights,claims or itle to water.
h 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 fade the coverage of this policy and the Company will not pay loss ordamage,costs,adomeys'fees or expenses which arse by mason of
I (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,(ill)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 all laws,
ordinances or governmental regulations,except to the extant 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 effecting the land has been recorded in the public records at Date of Polley.
<. 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 puahaserfor value without knowledge.
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 data the insured claimant became an Insured underthis policy,
(c) resulting in no loss ordamage to the insured claimant,
(d) attaching or created subsequent to Date of Policy,or
(a) resulting in loss ordamage which would not have bean sustained If the Insured claimant had paid value farina estate or interest insured by this policy.
Any claim,which adses out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruplcy,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 transferexcepl 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 Ilan creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S 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 sat forth in paragraph 8 above are used
and the following exceptions to coverage appear In the policy.
SCHEDULE B
"his policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arse by mason of
Part One:
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
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
B. Easements,claims of easement or encumbrances which are not shown by the public records.
n 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.
'I Unashamed mining claims,reservations or exceptions in patents or In Acts authorizing the Issuance thereof water lights,claims or title to water,
F. 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:
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.
The right to take the land by condemning it,unless:
a notice of exercising the right appears in the public records on the Policy Data
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
'.t. 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 I affect your tide after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
.r Failure to pay value for your title.
>. 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
his exclusion does not limit the access coverage In Item 5 of Covered Title Risks.
harm No.149,1.EAGLE(10/98)
Addendum to Exhibit A EXHIBIT B
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
n addition to the Exceptions in Schedule R,you are not insured against loss,costs,attomeys'fees,and expenses resulting from:
I Governmental pollee 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 an 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.
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 Polley Data,
The fight 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.
t Risks:
a. that are created,allowed,or agreed to by You,whether or not they appear in the Public Records:
It, 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,S.d,22,23,24 or 25.
r Failure to pay value for Your Title.
.. Lack 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 lass or damage,costs,aUomeys'fees or expenses which ease by reason of:
(a) Any law,ordinance or govemmentai regulation(including but not limited to building and zoning laws,ordinances,or regulations)reentering,regulating,prohibiting or relating to(i)
the occupancy,use,or enjoyment of the Land;(11)the character,dimensions or location of any improvement now or hereafter erected on the Land;(ill)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 pad;or(iv)environmental protection,or the effect of any viDla6on 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 extant 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.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Dale of Policy,but not excluding from coverage any taking which has
accused prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
.. Detects,liens,encumbrances,adverse claims or other matiers:
(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 lass or damage to the Insured Cis imant;
(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
EXHIBIT B
(a)resulting In loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
Unenfomeability,of the Ilan 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 slate in which the Land is situated.
Invalidity or unenforceability of the lien of the Insured Mortgage,or claim thereof,which arises out of the transaction evidenced by the Insured Mortgage and Is based upon:
(a)usury,except as provided under insuring provision 10 of this policy;or
(b)any consumer credit protection or truth in lending law.
H Taxes or assessments of any taxing or assessment authority which become a Ilan on the Land subsequent to Data of Policy.
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'tights laws,that Is based on:
(a) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or
(h) 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
Of)of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor.
il 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 polity,This exclusion does not limit the coverage provided under insutlng provision 7,
�I Lack of pnodty of the lien of the Insured Mortgage as to each and every advance made after Dale 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 modihcatlon 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 resuft 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
"his policy does not insure against loss or damage(and the Company will not pay costs,allomays'fees or expenses)which arse by reason of:
Environmental protection liens provided for by the following existing statutes,which(lens 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
"his policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which pose by reason of:
Pan One'.
I 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,
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.
2. Easements,claims of easement or encumbrances which are not shown by the public records.
I. Discrepancles,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.
n Unpatenled mining claims;reservations or exceptions In patents or in acts authorizing the issuance thereof;water rights,claims or title to water.
'i 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.
Fart Two:
I Environmental protection liens provided for by the following existing statutes,which lions will have priority over the lien of the Insured Mortgage who"they arise:NONE
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