LLA-Villa Serra Apartments and VSII L.P.-APNs: 326-09-056, 326-09-029, 326-09-047, 326-09-048Iuauaas.aopu3 Ise3 ao ❑
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LOT LINE ADJUSTMENT
Property Owners: Villa Serra Apartments, a California limited partnership, and VS II L.P., a California
limited partnership
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 326-09-056 (A Portion of Parcel B), APN 326-09-
029 (Parcel One), APN 326-09-047 (Parcel Two) and APN 326-09-048 (Parcel Three) 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 reports
designated on Exhibit `B" and attached hereto, occurs prior to the recordation of the grant deed conveying
the real property in conformity to Exhibit "C".
Approved this I..". day of J, 2008.
Ralph A. Qualls Jr.
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
41
By:
CALIFORNIA•ACKNOWLEDGMENT
�5.v�.!�aa,7.!�ti�aA<;'aS,�.ya�-S,s�..c�R;-�S;-�a.tis�. �s�.,�>,:aS,�4-'�. T.�a>,:.�tiza.,�a.,:.,.!�a.•,.',...,�.•�A�-.;�a.,�>,`,��C�C;�aC��9
State of California
County of Goin-a C�Qco
On -TRA N 1 a ti before me,
Date
personally appeared
KAREN 1ERNARD-GUERIN
Commisaton #E 1615"9
I&,
Notary PubWc - CaN omia
SantoClan CouMY1Ay Comm. ExpkOSNov 9-
BeOl(( - o-wirl ,
Here Insert Name and Title of th Officer
who proved to me on the basis of satisfactory evidence to
be the personLo whose name(,)' is/aye subscribed to the
within instrument and acknowledged to me that
he/&heAftW executed the same in his/49#4heEr authorized
capacity(ies), and that by his/he#th& signature(s) on the
instrument the personH, or the entity upon behalf of
which the person( -acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my and and official seal.
Signatur �''��
Place Notary Seal Above 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
Title or Type of D
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
•. of . here
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
.. of thumb here
02007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1-800-876-6827
"a►.�
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF PARCEL B
VILLA SERRA APARTMENTS
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF PARCEL B AS SHOWN ON THAT RECORD OF SURVEY RECORDED
MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA CLARA COUNTY RECORDS OFFICE, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B;
THENCE FROM SAID POINT OF BEGINNING NORTHERLY ALONG THE EAST RIGHT-OF-WAY OF STELLING
ROAD AS SHOWN ON SAID RECORD OF SURVEY, NORTH 00002'27" EAST, A DISTANCE OF 454.18 FEET;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89057'33" EAST, A DISTANCE OF 25.00 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 112.00 FEET;
NORTH 44047'06" EAST, A DISTANCE OF 25.73 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 297.37 FEET;
SOUTH 89056'58" EAST, A DISTANCE OF 245.01 FEET;
THENCE NORTH 00013'08" WEST, A DISTANCE OF 526.35 FEET TO THE SOUTH RIGHT-OF-WAY OF
HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST, A DISTANCE OF 597.48 FEET TO A
TANGENT CURVE;
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH
OF 23.61 FEET AND AN INCLUDED ANGLE OF 90010'55" TO THE WEST RIGHT-OF-WAY OF FRANCO
COURT;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00002'05" EAST, A DISTANCE OF 138.15 FEET;
SOUTH 89047'49" WEST, A DISTANCE OF 125.72 FEET;
SOUTH 00006'29" EAST, A DISTANCE OF 80.01 FEET;
NORTH 89047'32" EAST, A DISTANCE OF 125.62 FEET;
SOUTH 00002'05" EAST, A DISTANCE OF 755.44 FEET;
SOUTH 87049'13" WEST, A DISTANCE OF 90.71 FEET;
THENCE SOUTH 89030'52" WEST, A DISTANCE OF 1218.34 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 922,226 SQUARE FEET OR 21.17 ACRES MORE OR LESS.
MAY 12, 2008
SHEET 1 of 6
SAND
NO.
S 7756
y 2/31/09
OF CA��F�j
Admindata/Legal/207131. MERGER_PARB.doc
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE
DOCUMENT NO. 16267440
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY END OF THE LINE (S 0013'08"E 526.34') OF PARCEL B AS SHOWN ON
THAT RECORD OF SURVEY RECORDED MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA
CLARA COUNTY RECORDS OFFICE;
THENCE WESTERLY ALONG A NORTH LINE OF SAID PARCEL B, NORTH 89056'58" WEST A DISTANCE OF
15 FEET TO THE POINT OF BEGINNING;
THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG SAID NORTH LINE, NORTH 89056'58"
WEST A DISTANCE OF 220.01 FEET;
THENCE NORTH 0013'13" WEST A DISTANCE OF 522.26 FEET TO THE SOUTH RIGHT-OF-WAY OF
HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047,00" EAST A DISTANCE OF 220.02
FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY, SOUTH 0013'08" EAST A DISTANCE OF 523.28 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 115,016 SQUARE FEET OR 2.64 ACRES MORE OR LESS.
MAY 12, 2008
SHEET 2 of 6
1
NO,
LS 7
xp. 12131(G9
OF CAS rY�
Admindata/Legal/207131.MERGER_PAR1.doc
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL TWO
DOCUMENT NO. 16267440
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHERLY END OF THE LINE (S 0013'08"E 526.34') OF PARCEL B AS SHOWN ON
THAT RECORD OF SURVEY RECORDED MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA
CLARA COUNTY RECORDS OFFICE;
THENCE WESTERLY ALONG A NORTH LINE OF SAID PARCEL B, NORTH 89056'58" WEST A DISTANCE OF
235.01 FEET TO THE POINT OF BEGINNING;
THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG SAID NORTH LINE, NORTH 89056,58"
WEST A DISTANCE OF 10 FEET;
THENCE NORTH 0013'13" WEST A DISTANCE OF 522.21 FEET TO THE SOUTH RIGHT-OF-WAY OF
HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST A DISTANCE OF 10
FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY, SOUTH 0013'13" EAST A DISTANCE OF 522.26 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 5,222 SQUARE FEET OR 0.12 ACRES MORE OR LESS.
MAY 12, 2008
SHEET 3 of 6
Ic
j
E11P. 12,'31 i09
OF C
Admindata/Legal/207131. MERGER_PAR2.doc
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL THREE
DOCUMENT NO. 16267440
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERLY END OF THE LINE (S 0013'08"E 526.34') OF PARCEL B AS SHOWN ON
THAT RECORD OF SURVEY RECORDED MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA
CLARA COUNTY RECORDS OFFICE;
THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG A NORTH LINE OF SAID PARCEL B, NORTH
89056'58" WEST A DISTANCE OF 15 FEET;
THENCE NORTH 0013'08" WEST A DISTANCE OF 526.28 FEET TO THE SOUTH RIGHT-OF-WAY OF
HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE EASTERLY ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST A DISTANCE OF 15
FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY, SOUTH 0013'08" EAST A DISTANCE OF 526.35 FEET TO
THE POINT OF BEGINNING.
CONTAINING AN AREA OF 7,895 SQUARE FEET OR 0.18 ACRES MORE OR LESS.
MAY 12, 2008
SHEET 4 of 6
LAND
NO.
LS 6
Exp. 12131/09
(PT�TF OF CA��F��
Admindata/Legal/207131. MERGER_PAR3.doc
LEGEND:
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND
DECIMALS THEREOF.
NEW LOT LINE
LOT LINE BEING REMOVED
PARCEL LINES
STREET CENTERLINE
EXMBff A
CID'\_PND S
Cq
J
� NO.
TIE LINE `wv
l31109
POB POINT OF BEGINNING V4;'7"C
A��F�
GRAPHIC SCALE
0 200
I inch = 200 ft.
R=15 00'
N0073'08"W L=23.61'
HOMESTEAD ROAD N894T00'E 3.00' d=9070'55"-
(PUBLIC ROW) _ 230.02' - - N89 47'00"E 612.48'
i 220.02' 597.48' — — 138.15'
PARCEL 1 10' 15' w " i
PARCEL y N �` S00V2'05"E
45' 1 N ��IC-, � i� O � 3933 SF � 4838 FS S894749"W
r 4" SI N ti, CD
125.72
PARC L-rWCJ-� �� CD cn ❑ 230 F� 70.1' DOC ,N10
I'lLvj - � ) 80.9' SF 0 a1' 1776261
G �) DOC NO wl - co 0
a0 `>S� PARCEL 2 1626Id1,0� Leo u> 6501 SF SOD729VLC 125.62'
ix o
v o N89 4T32"E
� U OS�}� L� O N
Z J p r In v JLLrI flRrl
At p' �.�/ PARCEL THRrr
APTS
w ��I I I DOC NO o 90.9'
N I LIT LIN S 16267-4-40
PARC-rL TO BE 64.7' 3189 SF n
" o REMOVED — SX 2-J J�17PS Pr 5l i
S895733 E N8947'06"E Z 10' 15' 3947 SF PA
25.00' _ 297.37' ! 220.01' �i) 2 35 SF
N44 4T06"E r S89°56'58"E : � o LOT 1 ❑ 3915 SF
" 25.73' 0 245.01' Ln � AREA= 1,050,359 tSF
N89 4706E N "' OR 24. f AC
112.00' 3967 SF vL` n 3189 SF
6529 SF � "'
118.7' 2 34 F 2
245SF M � ❑
A�� � ❑ 964 SF 23 234 SF 3939 SF 3179 SF 79.6=
3
M
N E� LL
(n (n
Q 105.4' n 00 6541 SF
p 3100 SF � M
2
POB _JX 2- JIIAP:, Pr Jl
LOT 1 � I PFA_RCfe L
L _
S8930'52"W
vE` can cam,
rn m (.0
YJLLA J rrl�Irrl
- 4r J J -
1218.34'
LANDS OF' ST ATE 05 CAL Jr JRN JA
O S A N D I S CIVIL ENGINEERS
SURVEYORS
i CANNERS
605 Castro Street I Mountain View, CA 94041 1 P. 650.969.6900 1 F. 650.969.6472 1 wxrxr.sandis.nat
rn N'
N CIO
Ln
C-0 13932 SF �'
Co
S87'49'13"W
90.71'
SCALE: 1"=200' LOT MERGER
DRAWN SVILLA SERRA
APPROVEDD WC BY
DRAWING NO.:
I
Cr
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:W
o
SHEET
6 w
D?
I
OF 6 SHEETS 5
a
Exhibit B
y
Order Number: NCS-219757-CC
Page Number: I
M F
- —Z4z—e
First American Title
1850 Mt. Diablo Blvd., Suite 300
Walnut Creek, CA 94596
Eron Kosmowski
Prometheus Real Estate Group-
350 Bridge Parkway
Redwood City, CA 94065
Phone:(650)596-5370
Escrow Officer: Roni Loftin
Phone: (925)927-2100
Borrower: Villa Serra Apartments Limited Partners
Property: 20800 Homestead Road, Cupertino, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title Insurance, this company hereby reports that it is prepared to Issue, or
cause to be issued, as of the date hereof, a Polity 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy
forms should be read. They are available from the office which Issued this report.
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 or amendments hereto) is Issued solely for the purpose of facilitating the Issuance of a policy of tide
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.
First American Title Insurance Company
Exhibit-B
Order Number: NCS-219757-CC
Page Number: 2
Dated as of February 23, 2006 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA loan Policy (10-17-92) with ALTA Endorsement - Form 1 Coverage
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Villa Serra Apartments, a California limited partnership
The estate or interest in the land hereinafter described or referred to covered.by this Report is:
Fee Simple
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2006-2007, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2005-2006.
First Installment: $359,369.03, PAID
3.
9
Penalty: $0.00
Second Installment: $359,369.03, DUE
Penalty: $0.00
Tax Rate Area: 13-003
A. P. No.: 326-09-056
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
The lien of bonds and assessment liens, if applicable, collected with the general and special
taxes.
FirstAmerican Tide Insurance Company
Exhibit.'B
Order Number: NCS-219757-CC
Page Number: 3
5. An easement for ingress, egress and the Installation and maintenance of public utilities and
incidental purposes, recorded August 21, 1958 as Book 4155, Page 290 of Official Records.
In Favor of: Water Works of Monta Vista, Ltd., a California corporation
Affects: A portion of said land
6. An easement for water pipe lines and incidental purposes, recorded May 5, 1959 as Book 4405,
Page 413 of Official Records.
In Favor of: Water Works of Morita Vista, Ltd., a California corporation
Affects: A portion of said land
7. Abutter's rights of ingress and egress to or from Junipero Serra Freeway have been relinquished
in the document recorded August 8, 1963 as Book 6140, Page 303 of Official Records.
8. A waiver of any claims for damages by reason of the location, construction, landscaping or
maintenance of a contiguous freeway, highway, roadway or transit facility as contained in the
document recorded August 8, 1963 as Book 6140, Page 303 of Official Records.
9. An easement for a single line of poles and incidental purposes, recorded October 9, 1963 as Book
6224, Page 352 of Official Records.
In Favor of: Pacific Gas and Electric Company and The Pacific Telephone and
Telegraph Company, California corporation
Affects: A portion of said land
10. The effect of a map purporting to show the land and other property, filed March 4, 1969 in Book
249 of Maps, Page 51 of Record of Surveys.
11. An easement for sewer pipe line and incidental purposes, recorded March 14, 1969 as Book
8534, Page 268 of Official Records.
In Favor of: Cupertino Sanitary District of Santa Clara County, a body politic
and corporate
Affects: A portion of said land
12. An easement for sewer pipe line and Incidental purposes, recorded June 24, 1969 as Book 8580,
Page 341 of Official Records,
In Favor of: Cupertino Sanitary District of Santa Clara County
Affects: A portion of said land
13. An easement for facilities and the right of ingress and egress and incidental purposes,
recorded April 21, 1970 as Book 8896, Page 340 of Official Records.
In Favor of: Pacific Gas and Electric Company, a California Corporation
Affects: A portion of said land
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:4
14. A Deed of Trust to secure an original indebtedness of $26,073,400.00 recorded April 10,
1997 as Document No. 13668858 of Official Records.
Dated; April 1, 1997
Trustor: Sanco Associates, a California limited partnership, Copen
Association, a California limited partnership, Spencer Associates,
a California limited partnership, Thomas Oscar Buuck, as
Trustee of the Marital Trust of the Thomas Oscar Buuck and
Jeannette Diane Buuck declaration of Trust dated June 2, 1980,
Averill Q. Mix and Ann Marie Mix, Co -Trustees of the Averill Q.
and Ann Marie Mix 1983 Trust dated August 9, 1983, and James
S. Morley trading as Villa Serra Associates, a Co -Tenancy
Trustee: First American Title Insurance Company, a California corporation
Beneficiary; Reilly Mortgage Group, Inc., a District of Columbia corporation
The terms and provisions contained in the document entitled "Regulatory Agreement for
Multifamily Housing Projects" recorded April 10, 1997 as Document No. 13668859 of Official
Records.
A document recorded June 03, 1999 as Document No. 14843290 of Official Records, provides
that the obligation secured by the deed of trust was assumed by Villa Serra Apartments, a
California limited partnership.
15. A financing statement recorded July 20, 2005 as Document No. 18482684 of Official Records,
Debtor: Villa Serra Apartments
Secured party: Reilly Mortgage Group, Inc.
16. Rights of parties in possession.
FirstAmerican Tit/e Insurance Company
Exhibit,,B
Order Number: NCS-219757-CC
Page Number: 5
INFORMATIONAL. NOTES
i, According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Multi Family Residence known as 20800 Homestead
Road, Cupertino, California.
2. According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
3. This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land
that is to be described in the policy or policies to be Issued.
4, Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b, A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on
behalf of the corporation.
c. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
a. A certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (form LP-2) to be recorded in the public records;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number: 6
a. A certified copy of the application for registration, foreign limited partnership (form LP-5)
and any amendments thereto (form LP-6) to be recorded in the public records;
b. A full copy of the partnership agreement and any amendment;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. Requirements which the Company may impose following Its review of the above material
and other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
a. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP -I), executed by at least two partners, and a
certified copy of any amendments to such statement (form GP-7), to be recorded in the
public records;
b. A full copy of the partnership agreement and any amendments;
c. Requirements which the Company may impose following Its review of the above material
required herein and other Information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, a certified copy of its articles of organization
(LLC-1) and any certificate of correction (1-1-C-11), certificate of amendment (1-1-C-2), or
restatement of articles of organization (LLC-10) to be recorded in the public records;
c. If it Is a foreign limited liability company, a certified copy of its application for
registration (LLC-5) to be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other
document or instrument executed by such limited liability company and presented for
recordation by the Company or upon which the Company is asked to rely, such
document or instrument must be executed in accordance with one of the following, as
appropriate:
(i) If the limited liability company properly operates through officers appointed or
elected pursuant to the terms of a written operating agreement, such documents
must be executed by at least two duly elected or appointed officers, as follows: the
chairman of the board, the president or any vice president, and any secretary,
assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers
Identified in the articles of organization and/or duly elected pursuant to the terms of
a written operating agreement, such document must be executed by at least two
first American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:7
such managers or by one manager if the limited liability company properly operates
with the existence of only one manager.
e. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
F. WITH RESPECT TO A TRUST:
a. A certification pursuant to Section 18500.5 of the California Probate Code in a
form satisfactory to the Company.
b. Copies of those excerpts from the original trust documents and amendments
thereto which designate the trustee and confer upon the trustee the power to act
in the pending transaction.
c. Other requirements which the Company may impose following its review of the
material require herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
a. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:8
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
Parcel B as shown on a Record of Survey recorded March 4, 1969 in Book 249 of Maps, page 51.
Excepting therefrom the following described parcel:
Beginning at the Northeasterly corner of Parcel B as said Parcel is shown upon that "Record of
Survey," a Map of which was filed in Book 249 of Maps, at page 51, Santa Clara County Records,
said corner being on the Southerly line of Homestead Road as said Road is shown on said Map;
thence South 00 02' 05" East along an Easterly line of said Parcel B, 15.05 feet to the beginning
of a curve to the left; thence Northwesterly from a tangent bearing of North 00 02' 05" West
along said curve having a radius of 15.00 feet, a central angle of 900 10' 55" and an arc length of
23.61 feet to the said Southerly line of Homestead Road; thence North 890 47' 00" East along
said Southerly line 15.05 feet to the point of beginning.
Also excepting therefrom the underground water rights, as conveyed to the City of Cupertino, a
municipal corporation, by Deed recorded November 13, 1969 in Book 8738, page 368 of Official
Records.
APN: 326-09-056
First American Title Insurance Company
Exhibit B
Order Number: NCS•219757-CC
Page Number: 9
NOTICEI
Section 12413A of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or
controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before
recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be
disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to
avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more details.
NOTICEII
As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax
reporting and withholding obligations pursuant to the state law referred to below:
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and
one-third percent of the sales price in the case of the disposition of California real property Interest by either:
A seller who Is an individual with a last known street address outside of California or when the disbursement Instructions authorize the
proceeds be sent to a financial intermediary of the seller, OR
A corporate seller which 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),
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:
The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR
The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation,
has a permanent place of business in California, OR
The seller, who is an Individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed
Is the seller's principal residence (as defined In Section 1034 of the Internal Revenue Code).
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 reduced withholding and waivers from
withholding on a case -by -case basis.
The parties to this transaction should seek an attorneys, accountant's, or other tax speclallst'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.
The Seller May Request a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P.O. Box 651
Sacramento, CA 95812-0651
(916) 845-4900
firstAmerican Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number: 10
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal Information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
guidelines that govern our use of personal information regardless of Its source. First American calls these
guidelines its Fairinformation Values, a copy of which can be found on our website at www,firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic persona[ information that
we may collect Include:
• Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies Involved In real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial Institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those Individuals and
entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values We
FirstAmerican Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number: II
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
FirstAlmancan Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:12
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 (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or 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 tide 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:
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; (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 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, [ten 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.
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 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.
z. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
L 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.
2. 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.
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 and not shown by the public records but known to the insured claimant either at Date of Polity 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
RrstAmerican Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:13
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 (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.
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 ascertalned 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 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
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 or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. 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 Polity.
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 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 Polity (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).
4. 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.
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 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 to parts one and two following:
Part 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.
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.
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:14
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
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; (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 part; or (hr) 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 (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. Unenforceabllity 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.
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 Polity
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:
(1) 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
(if[) 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 iB
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 exisUng 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 Ads authorizing the Issuance thereof; water rights, claims or title to
water.
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number: 15
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 (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of
any improvement now or hereafter erected on the land; (10) 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:
(1) 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 polity 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
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 8 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.
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:
FirstAmerican Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number: 16
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
* Improvements on the land
* land division
* environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date,
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 Polity 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,
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation).15 (Building Permit). 16 (Zoning) and 18 (Encroachment of houndar), walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
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
c. land use
e. land division
b. zoning
d. improvements on the land
f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters it 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,
S. Failure to pay value for Your Title,
6. 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 it 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
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:17
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, ordfnances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions or location
of any improvement now or hereafter erected on the Land; (Ili) 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, S,
16, 17,19, 20, 21, 23, 24 and 25); 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:
(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:
(1) to timely record the instrument of transfer; or
(10 of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
B, Any claim of invalidity, unenforceabilfty 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.
4. 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.
SCHEDULES
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:
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.
SCHEDULES
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:
First American Title Insurance Company
Exhibit B
Order Number: NCS-219757-CC
Page Number:18
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 fads 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
First American Title Insurance Company
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Order Number: NCS-343986-CC
Page Number: 1
Exhibit B
First American Title
1850 Mt. Diablo Blvd., Suite 300
Walnut Creek, CA 94596
Mike Ducote
Prometheus Real Estate Group
1900 South Norfolk Street, Suite 150
San Mateo, CA 94403
Phone: (650)931-3400
Escrow Officer: Roni Sloan Loftin
Phone: (925)927-2127
Borrower: VS II, L. P.
Property: 20900 Homestead Road, Cupertino, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or
cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy
forms should be read. They are available from the office which issued this report.
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 or amendments 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.
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 2
Exhibit B
Dated as of March 10, 2008 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Loan Policy (10-17-92) with ALTA Endorsement - Form 1 Coverage
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
VS II, L. P., a California limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2008-2009, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2007-2008.
First Installment: $58,495.48, PAID
Penalty: $0.00
Second Installment: $58,495.48, DUE
Penalty: $0.00
Tax Rate Area: 13 003
A. P. No.: 326-09-029
3. General and special taxes and assessments for the fiscal year 2007-2008.
First Installment:
$215.92, PAID
Penalty:
$0.00
Second Installment:
$215.92, DUE
Penalty:
$0.00
Tax Rate Area:
13 003
A. P. No.:
326-09-047
FirstAmerican Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 3
Exhibit B
4. General and special taxes and assessments for the fiscal year 2007-2008.
First Installment: $217.18, PAID
Penalty: $0.00
Second Installment: $217.18, DUE
Penalty: $0.00
Tax Rate Area: 13 003
A. P. No.: 326-09-048
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. Assessment liens, if applicable, collected with the general and special taxes, including but not
limited to those disclosed by the reflection of the following on the tax roll:
Community Facilities District County Library
7. The lien of special tax for the following community facilities district, which tax is collected with
the county taxes.
District: 2005-1
8. An easement for storm water drainage and incidental purposes, recorded March 9, 1961 as Book
5098, Page 312 of Official Records.
In Favor of: City of Cupertino, a Municipal Corporation
Affects: As described therein
9. An easement for the right from time to time to construct, install, inspect, maintain, replace,
remove, and use facilities, together with a right of way therefore, and also ingress thereto and
egress therefrom and incidental purposes, recorded May 2, 1961 as Book 5155, Page 17 of
Official Records.
In Favor of: Pacific Gas and Electric Company, a California Corporation, and
The Pacific Telephone and Telegraph Company, a California
Corporation
Affects: As described therein
10. An easement for a broadband communications system and incidental purposes, recorded October
29, 2007 as Document No. 19632161 of Official Records.
In Favor of: Comcast of Cupertino, Inc., its successors and assigns
Affects: As described therein
11. Rights of parties in possession.
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number:4
Exhibit
INFORMATIONAL NOTES
1. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Multi Family Residence known as 20900 Homestead
Road, Cupertino, California.
According to the public records, there has been no conveyance of the land within a period of
twenty-four months prior to the date of this report, except as follows:
None
3. Should this report be used to facilitate your transaction, we must be provided with the following
prior to the issuance of the policy:
A. WITH RESPECT TO A CORPORATION:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b. A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on
behalf of the corporation.
c. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
a. A certified copy of the certificate of limited partnership (form LP-1) and any amendments
thereto (form LP-2) to be recorded in the public records;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
a. A certified copy of the application for registration, foreign limited partnership (form LP-5)
and any amendments thereto (form LP-6) to be recorded in the public records;
FirstAmerican Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 5 Exhibit B
b. A full copy of the partnership agreement and any amendment;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
a. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP -I), executed by at least two partners, and a
certified copy of any amendments to such statement (form GP-7), to be recorded in the
public records;
b. A full copy of the partnership agreement and any amendments;
c. Requirements which the Company may impose following its review of the above material
required herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-il), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) to be recorded in the public records;
c. If it is a foreign limited liability company, a certified copy of its application for
registration (LLC-5) to be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other
document or instrument executed by such limited liability company and presented for
recordation by the Company or upon which the Company is asked to rely, such
document or instrument must be executed in accordance with one of the following, as
appropriate:
(i) If the limited liability company properly operates through officers appointed or
elected pursuant to the terms of a written operating agreement, such documents
must be executed by at least two duly elected or appointed officers, as follows: the
chairman of the board, the president or any vice president, and any secretary,
assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers
identified in the articles of organization and/or duly elected pursuant to the terms of
a written operating agreement, such document must be executed by at least two
such managers or by one manager if the limited liability company properly operates
with the existence of only one manager.
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number:6 Exhibit B
e. Requirements which the Company may impose following its review of the above material
and other information which the Company may require.
F. WITH RESPECT TO A TRUST:
a. A certification pursuant to Section 18500.5 of the California Probate Code in a
form satisfactory to the Company.
b. Copies of those excerpts from the original trust documents and amendments
thereto which designate the trustee and confer upon the trustee the power to act
in the pending transaction.
c. Other requirements which the Company may impose following its review of the
material require herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
a. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance
on this map except to the extent coverage for such loss or damage is expressly provided by the terms
and provisions of the title insurance policy, if any, to which this map is attached.
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 7 Exhibit B
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara, State of California, described as
follows:
PARCEL ONE:
THAT PORTION OF THE SOUTHWEST 1/4 OF SECTION 12, T. 7 S., R. 2 W., M.D.B. & M.,
DESCRIBED AS FOLLOWS:
BEGINNING AT AN EXISTING BRASS PLUG MONUMENT SET AS THE CENTER LINE
INTERSECTION OF HOMESTEAD ROAD AND STELLING ROAD, AS SAID HOMESTEAD ROAD IS
SHOWN ON A MAP ENTITLED, "TRACT NO. 2460 HOMESTEAD TERRACE UNIT NO. 1",
RECORDED IN BOOK 110, PAGE 53 OF MAPS; THENCE FROM SAID POINT OF BEGINNING
ALONG THE CENTER LINE OF HOMESTEAD ROAD, NORTH 890 47' EAST, 479.92 FEET; THENCE
SOUTH 00 13' 13" EAST, 45 FEET TO THE MOST NORTHWESTERLY CORNER OF THE LANDS OF
WOODSON CAPITAL CO., A CORPORATION, AND THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID COURSE SOUTH 00 13' 13" EAST, 522.06 FEET TO 3/4 INCH PIPE
MONUMENT; THENCE SOUTH 891 57' 04" EAST, 220.00 FEET TO A 3/4 INCH IRON PIPE
MONUMENT; THENCE NORTH 01 13' 08" WEST, 523.06 FEET TO A 3/4 INCH IRON PIPE
MONUMENT; THENCE SOUTH 89' 4T WEST, PARALLEL TO THE CENTER LINE OF HOMESTEAD
ROAD, 220.00 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL TWO:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY
DEED TO THE CITY OF CUPERTINO, RECORDED FEBRUARY 23, 1967 IN BOOK 7647, PAGE 191
OF OFFICIAL RECORDS, AT THE NORTHEASTERLY CORNER OF THAT CERTAIN 5.232 ACRE
PARCEL CONVEYED TO SUTTER HILL DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION,
BY DEED RECORDED DECEMBER 23, 1968 IN BOOK 8377, PAGE 563 OF OFFICIAL RECORDS;
THENCE FROM SAID POINT OF BEGINNING, SOUTHERLY AND ALONG THE EASTERLY LINE OF
SAID 5.232 ACRE PARCEL, SOUTH 00 13' 13" EAST 522.20 FEET TO THE SOUTHEASTERLY
CORNER THEREOF ON A NORTHERLY LINE OF THAT CERTAIN 21.179 ACRE PARCEL CONVEYED
TO TRANS CALIFORNIA PROPERTIES, INC., A CALIFORNIA CORPORATION, BY DEED RECORDED
DECEMBER 26, 1968 IN BOOK 8381, PAGE 313 OF OFFICIAL RECORDS; THENCE EASTERLY AND
ALONG SAID NORTHERLY LINE OF SAID 21.179 ACRE PARCEL, SOUTH 89° 57' 04" EAST 10
FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL CONVEYED TO EDMUND 3.
HARRIS, ET UX, BY DEED RECORDED OCTOBER 22, 1968 IN BOOK 8306, PAGE 552 OF
OFFICIAL RECORDS; THENCE NORTHERLY AND ALONG THE WESTERLY LINE OF SAID LAND SO
CONVEYED TO SAID HARRIS, NORTH 00 13' 13" WEST 522.35 FEET TO THE NORTHWESTERLY
CORNER OF THEREOF ON THE SOUTHERLY LINE OF HOMESTEAD ROAD AS ESTABLISHED BY
DEED ABOVE REFERRED TO; THENCE WESTERLY AND ALONG SAID SOUTHERLY LINE OF
HOMESTEAD ROAD, SOUTH 89° 4T WEST 10 FEET TO THE POINT OF BEGINNING.
PARCEL THREE:
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY
DEED TO THE CITY OF CUPERTINO, RECORDED FEBRUARY 23, 1967 IN BOOK 7647, PAGE 191
OF OFFICIAL RECORDS, AT A NORTHWESTERLY CORNER OF THAT CERTAIN 21.179 ACRE
PARCEL CONVEYED TO TRANS CALIFORNIA PROPERTIES, INC., A CALIFORNIA CORPORATION,
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 8 • •
Exhibit B
BY DEED RECORDED DECEMBER 26, 1968 IN BOOK 8381, PAGE 313 OF OFFICIAL RECORDS;
THENCE FROM SAID POINT OF BEGINNING SOUTHERLY AND ALONG A WESTERLY LINE OF
SAID 21.179 ACRE PARCEL, SOUTH 00 13' 08" EAST 526.34 FEET TO A 1 INCH IRON PIPE SET
AT AN ANGLE POINT THEREIN; THENCE WESTERLY AND ALONG A NORTHERLY LINE OF SAID
21.179 ACRE PARCEL, NORTH 890 5704" WEST 15 FEET TO THE SOUTHEASTERLY CORNER OF
THAT CERTAIN PARCEL CONVEYED TO EDMUND T. HARRIS, ET UX, BY DEED RECORDED
OCTOBER 22, 1968 IN BOOK 8306, PAGE 552 OF OFFICIAL RECORDS; THENCE NORTHERLY
AND ALONG THE EASTERLY LINE OF SAID LAND SO CONVEYED TO SAID HARRIS, AND ITS
PROLONGATION NORTHERLY, NORTH 00 13' 08" WEST 526.27 FEET TO A POINT ON THE
SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY DEED ABOVE REFERRED TO;
THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD, NORTH 890 47, EAST
15 FEET TO THE POINT OF BEGINNING.
APN: 326-09-029; 326-09-047 and 326-09-048
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 9
EAibit
NOTICEI
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or
controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before
recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be
disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to
avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more details.
NOTICE II
As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax
reporting and withholding obligations pursuant to the state law referred to below:
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and
one-third percent of the sales price in the case of the disposition of California real property interest by either:
A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the
proceeds be sent to a financial intermediary of the seller, OR
A corporate seller which 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).
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:
The sales price of the California real property conveyed does not exceed one hundred thousand ,dollars ($100,000), OR
The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation,
has a permanent place of business in California, OR
The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed
is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code).
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 reduced withholding and waivers from
withholding on a case -by -case basis.
The parties to this transaction should seek an attorney's, accountant's, 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.
The Seller May Request a Waiver by Contacting:
Franchise Tax Board
Withhold at Source Unit
P.O. Box 651
Sacramento, CA 95812-0651
(916) 845-4900
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 10 Exhibit
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will
utilize the personal information you provide to us. Therefore, together with our parent company, The
First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the
manner in which we may use information we have obtained from any other source, such as information
obtained from a public record or from another person or entity. First American has also adopted broader
guidelines that govern our use of personal information regardless of its source. First American calls these
guidelines its Fairinformation Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that
we may collect include:
• Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law.
We may, however, store such information indefinitely, including the period after which any customer
relationship has ceased. Such information may be used for any internal purpose, such as quality control
efforts or customer analysis. We may also provide all of the types of nonpublic personal information
listed above to one or more of our affiliated companies. Such affiliated companies include financial
service providers, such as title insurers, property and casualty insurers, and trust and investment advisory
companies, or companies involved in real estate services, such as appraisal companies, home warranty
companies, and escrow companies. Furthermore, we may also provide all the information we collect, as
described above, to companies that perform marketing services on our behalf, on behalf of our affiliated
companies, or to other financial institutions with whom we or our affiliated companies have joint
marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your
information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best
efforts to train and oversee our employees and agents to ensure that your information will be handled
responsibly and in accordance with this Privacy Policy and First American's Fairinformation Values. We
First American Title Insurance Company
Order Number: NCS-34398 - C
Page Number: 11 Exhibit B
currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to
guard your nonpublic personal information.
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 12 Exhibit B
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULEB
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
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. 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.
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 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
First American Title Insurance Company
Order Number: 13 34 IV it B
Page Number: 13
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 (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.
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
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.
6. 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
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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 or area of the land, or the effect of
any violation of any such law ordinance or governmental regulation.
2. 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.
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 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).
4. 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.
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 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.
First American Title Insurance Company
Order Number: NCS-3439$Exhibit
Page Number: 14
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.LT.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 (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 (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 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 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
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.
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.
First American Title Insurance Company
Order Number: NCS-343 ����
Page Number: 15
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
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 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULEB
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.
j. 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:
First American Title Insurance Company
Order Number: NCS-34398Exhibit
B
Page Number: 16
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.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Ma3dmum Dollar Limits of Liability
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.
6. 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
First American Title Insurance Company
Order Number: NCS-343986-CC
Page Number: 17 Exhibit B
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
(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:
(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.
SCHEDULES
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. 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.
SCHEDULES
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:
First American Title Insurance Company
Order Number: NCS-343986- it
Page Number: 18 X111b
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
First American Title Insurance Company
EXHIBIT "C"
LEGAL DESCRIPTION
LOT 1
VILLA SERRA APARTMENTS
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, BEING A PORTION OF PARCEL B AS SHOWN ON THAT RECORD OF SURVEY RECORDED
MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA CLARA COUNTY RECORDS OFFICE, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B;
THENCE FROM SAID POINT OF BEGINNING NORTHERLY ALONG THE EAST RIGHT-OF-WAY OF STELLING
ROAD AS SHOWN ON SAID RECORD OF SURVEY, NORTH 00002'27" EAST, A DISTANCE OF 454.18 FEET;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89057'33" EAST, A DISTANCE OF 25.00 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 1 12.00 FEET;
NORTH 44047'06" EAST, A DISTANCE OF 25.73 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 297.37 FEET;
THENCE NORTH 00013'13" WEST, A DISTANCE OF 522.21 FEET TO THE SOUTH RIGHT-OF-WAY OF
HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST, A DISTANCE OF 230.02 FEET;
THENCE NORTH 00013'08" WEST, A DISTANCE OF 3.00 FEET;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST, A DISTANCE OF 612.48 FEET TO A
TANGENT CURVE;
THENCE ALONG SAID TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 15.00 FEET, AN ARC LENGTH
OF 23.61 FEET AND AN INCLUDED ANGLE OF 90010'55" TO THE WEST RIGHT-OF-WAY OF FRANCO
COURT;
THENCE THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00002'05" EAST, A DISTANCE OF 138.15 FEET;
SOUTH 89047'49" WEST, A DISTANCE OF 125.72 FEET;
SOUTH 00006'29" EAST, A DISTANCE OF 80.01 FEET;
NORTH 89047'32" EAST, A DISTANCE OF 125.62 FEET;
SOUTH 00002'05" EAST, A DISTANCE OF 755.44 FEET;
SOUTH 87049'13" WEST, A DISTANCE OF 90.71 FEET;
THENCE SOUTH 89030'52" WEST, A DISTANCE OF 1218.34 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,050,359 SQUARE FEET OR 24.11 ACRES MORE OR LESS.
MAY 12, 2008
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Admindata/Legal/207131.MERGER_LOT1.doc