LLA-Excel Commercial Corp-22551 Ricardo Rd, APN: 356-01-017 (Parcels 1,2,3 and 4)I15_ Page 1
4. RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
--...._.-_------------------ Titles 1 / Pages: 50 �/—D�j
DOCUMENT: 15973207
Fees....* No Fees
Taxes...
Copies..
a96159'3297 AMT PA ID
IMICIM.
BRENDA DAVIS 11/26/2001
SANTA CLARA COUNTY RECORDER 8:00 AM
Recorded at the request of
Stewart Title of California
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT, EXCEL COMMERCIAL CORPORATION,
22551 RICARDO ROAD, APN 356-01-017
(PARCELS 1, 2, 3 AND 4)
I -j
Original
For Fast Endorsement
159/320 Page
LOT LINE ADJUSTMENT
Property Owners: Excell Commercial Corporation
22551 Ricardo Road, APN 356-01-017 (Parcels 1, 2,3 And 4)
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 Parcels 1, 2, 3, and 4 as designated on the attached
plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the record owners
of the above properties (as shown in Exhibit `B", attached) of the City of Cupertino with the request
that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or more
adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel and that a
greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.010H of the
City of Cupertino Municipal Code and Section #66412d of the Subdivision Map Act, said lot line
adjustment is hereby approved.
This lot line adjustment shall be totally null and void without further act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder interest) is
not recorded by, Grant Deeds within twelve (12) months from the approved date and/or in the event that
any change in title interest of ownership (including lien holder interest) from the specified on the
preliminary title report designated on Exhibit "B" and attached hereto, occurs prior to the recordation
of the grant deed conveying the real property in conformity to Exhibit "A".
Approved this 13"' day of November, 2001.
RALPH A. QUALLS, JR.
CITY ENGINEER
CITY OF CUPERTINO
115973207, Page 3
EXHIBIT "A"
Legal Description of
PARCEL 1, (APN 356-1-17)
Prior to Lot Line Adjustment
Cupertino, California
Lot 55 as designated and delineated on a certain map entitled,
"Map of 9th Addition Monta Vista", which was filed for record
in the office of the Recorder of the County of Santa Clara,
California, April 11, 1917 in Book P of Maps, at page 16.
EXCEPTING THEREFROM all that certain property described in the
Quitclaim Deed from Harold L. Jordan and Marcelle Jordan, his
wife to Dennis Barry and Maria Barry, his wife, in joint
tenancy, recorded January 8, 1962 in Book 5424 at page 380,
Santa Clara County records.
a f�c�.7078
.5973207 Page 4
EXHIBIT "A"
Legal Description of
Parcel 1, (APN 356-1-17)
after Lot Line Adjustment
Cupertino, California
U0 7ols I
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being portions of Lots 55 and 56, as shown upon that certain Map entitled "9th Addition
Monta Vista", which was filed for record in Vol. "P" of Maps, at Page 16, on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Beginning at the intersection of the northerly line of Ricardo Road with the southwesterly
line of Lot 55, as shown upon said "9th Addition Monta Vista" map, said point also being
the most southeasterly corner of said parcel of land, shown upon that certain Record of
Survey filed for record in Book 739 of Maps, at Page 54, on May 18, 2001;
Thence, along the northeasterly line of that parcel of land shown on said Record of
Survey, North 32°18'53" West, 125.91 feet, to a point on a line parallel, and 68.50 feet
distant northerly, with the line common to Lots 55 and 56, as shown on said "9th Addition
Monta Vista" Map;
Thence, South 80°27'05" East, 133.00 feet, to a point on a curve, having a radius of
127.35 feet, and a radial bearing of North 50"47'49" East;
Thence, southeasterly, along said curve, through a central angle of 39033'48", and an arc
distance of 87.94 feet, to a point on the northerly boundary of Ricardo Road, said point
being 20.00 feet distant, measured at a right angle, from the centerline of said Ricardo
Road, as shown upon said "9th Addition Monta Vista" map;
Thence, westerly, along the northerly boundary of Ricardo Road, South 88°06'37" West,
92.56 feet, to the POINT OF BEGINNING.
Containing an area of 10,474 square feet, more or less.
End of Description.
115973207 Page 5
EXHIBIT "A"
Legal Description of
PARCEL 2, (APN 356-1-17)
Prior to Lot Line Adjustment
Cupertino, California
Portion of Lot 56 more particularly described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the
map entitled, "Map of 9th Addition Monta Vista" as recorded in
Book P of Maps, at page 16, Santa Clara County records; thence
along the Southerly line of Lot 56 S. 500 47' 49" W. 118.01
feet; thence N. 320 19' 08" W. 69.00 feet; thence parallel to
the Northerly line of Lot 56 N. 50' 47' 49" E. 109.74 feet;
thence along the Easterly line of said Lot S. 39' 12' 11" E.
68.5 feet to the point of BEGINNING.
EXCEPTING THEREFROM all that certain property described in the
Quitclaim Deed from Harold L. Jordan and Marcelle Jordan, his
wife to Dennis Barry and Maria Barry, his wife, in joint
tenancy, recorded January 8, 1962 in Book 5424 at page 380,
Santa Clara County records.
TOGETHER WITH an easement for Ingress and Egress and Public
Utility Easement over the Northeasterly 20 feet of Lot 55 of
aid tract herein above referred to.
NO.7078
OF cn\)c���
15973207 Page
I t
rw
EXHIBIT "A" Fl l NO 7078 15
* E.P. 12A110-A
Legal Description of
Parcel 2, (APN 356-1-17)IFOFCL� 00.
after Lot Line Adjustment
Cupertino, California G
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being portions of Lots 53, 55 and 56, as shown upon that certain Map entitled "9th Addition
Monta Vista", which was filed for record in Vol. "P" of Maps, at Page 16, on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Commencing at the intersection of the northerly line of Ricardo Road with the
southwesterly line of Lot 55, as shown upon said "9th Addition Monta Vista" map, said
point also being the most southeasterly corner of said parcel of land, shown upon that
certain Record of Survey filed for record in Book 739 of Maps, at Page 54, on May 18,
2001;
Thence, along the northeasterly line of that parcel of land shown on said Record of
Survey, North 32'18'53" West, 125.91 feet, to a point on a line parallel, and 68.50 feet
distant northerly, with the line common to Lots 55 and 56, as shown on said "9th Addition
Monta Vista" Map, said point being the Point of Beginning;
Thence, along said parallel line, North 5004749" East, 109.90 feet, to a point on the line
common to Lots 52 and 56, as shown upon said "9th Addition Monta Vista" map;
Thence, along said common line, North 3901211" Wet, 1.00 feet, to a point of a line
parallel, and 18.50 feet distant northerly, with the line common to Lots 52 and 53, as
shown on said "9th Addition Manta Vista" Map;
Thence, along said parallel line, North 50°4749" East, 68.00 feet;
Thence, South 8024'13" East, 117.58 feet;
Thence, South 50°4749" West, 15.00 feet, to a point on a curve, having a radius of 142.35
feet, and a radial bearing of North 50°47'49" East;
Page 1 of 2 Pages
5973207 Page 7
CXNMIT "Arc
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Page 2 of 2 Pages
Thence, southeasterly, along said curve, through a central angle of 39'1934", and an arc
distance of 97.70 feet, to a point on the northerly boundary of Ricardo Road, said point
being 20.00 feet distant, measured at a right angle, from the centerline of said Ricardo
Road, as shown upon said "9th Addition Monta Vista" map;
Thence, westerly, along the northerly boundary of Ricardo Road, South 88°06'37" West,
15.01 feet, to a point on a curve, having a radius of 127.35 feet, and a radial bearing of
South 89°38'23" East;
Thence, northwesterly, along said curve, through a central angle of 39°33'48", and an arc
distance of 87.94 feet;
Thence, North 80°27'05" West, 133.00 feet, to the POINT OF BEGINNING.
Containing an area of 11825 square feet, more or less.
End of Description.
5973207 Page
EXHIBIT "A^
Legal Description of
PARCEL 3, (APN 356-1-17)
Prior to Lot Line Adjustment
Cupertino, California
Portion of Lot 52 and all of Lot 53, more particularly
described as follows:
BEGINNING at the Northeasterly corner of Lot 53 as shown on the
map entitled, "Map of 9th Addition Monta Vista", as recorded in
Book P of Maps, at page 16, Santa Clara County records; thence
along the Easterly line of said Lot S. 39" 12' 11" E. 125.00
feet; thence along the Southerly line of Lot 53 S. 500 47' 49"
W. 100.00 feet; thence N. 39' 12' 11" W. 143.50 feet; thence
parallel to the Northerly line of Lot 53 N. 50' 47' 49" E.
100.00 feet; thence along the Easterly line of Lot 52 S. 390
12' 11" E. 18.50 feet to the point of BEGINNING.
TOGETHER WITH an easement for Ingress and Egress and Public
Utility Easement over the Northeasterly 20 feet of Lot 55 of
said tract herein above referred to.
tio. 7079
115973207 Page 9-----_-.--_ -
EXHIBIT "A"
Na 7M
Legal Description of
Parcel 3, (APN 356-1-17) OF C after Lot Line Adjustment
Cupertino, California
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being portions of Lots 53, 54 and 56, as shown upon that certain Map entitled "9th Addition
Monta Vista", which was filed for record in Vol. "P" of Maps, at Page 16, on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Beginning at the intersection of the line common to Lots 52 and 52A, with a line parallel,
and 18.50 feet distant northerly, with the line common to Lots 52 and 53, as shown upon
said "9th Addition Monta Vista" map, Thence, along said parallel line, South 50"47'49"
West, 32.00 feet;
Thence, South 8024'13" East, 117.58 feet;
Thence, South 50047'49" West, 15.00 feet, to a point on a curve, having a radius of 142.35
feet, and a radial bearing of North 50"47'49" East;
Thence, southeasterly, along said curve, through a central angle of 39°19'34", and an arc
distance of 97.70 feet, to a point on the northerly boundary of Ricardo Road, said point
being 20.00 feet distant, measured at a right angle, from the centerline of said Ricardo
Road, as shown upon said "9th Addition Monta Vista" map;
Thence, easterly, along the northerly boundary of Ricardo Road, North 88006'37" East,
15.01 feet, to a point on a curve, having a radius of 157.35 feet, and a radial bearing of
South 89°55'52" East;
Thence, northwesterly, along said curve, through a central angle of 22"26'21", and an arc
distance of 61.62 feet;
Thence, North 50°47'49"East, 98.84 feet, to a point on the line common to Lots 46 and 54,
as shown upon said "9th Addition Monta Vista" map;
Thence, along said common line, North 39012'11" West, 146.20 feet, to the POINT OF
BEGINNING.
Containing an area of 12,079 square feet, more or less.
End of Description.
115973207 Page 10
Legal Description of
PARCEL 4, (APN 356-1-17)
Prior to Lot Line Adjustment
Cupertino, California
Lot 54 as designated and delineated on a certain map entitled,
"Map of 9th Addition Manta Vista", which was filed for record
in the office of the Recorder of the County of Santa Clara,
California, April 11, 1917 in Book P of Maps, at page 16.
NO.. 7978 x
Exp-10(4
15973207 Page 11
EXHIBIT "A"
Legal Description of
Parcel 4, (APN 356-1-17)
after Lot Line Adjustment
Cupertino, California
NO, 7078
E.v. /2.3/--oz / *
All that certain real property in the City of Cupertino, County of Santa Clara, State of
California, described as follows:
Being portions of Lot 54 and 55, as shown upon that certain Map entitled "9th Addition
Manta Vista", which was filed for record in Vol. "P" of Maps, at Page 16, on April 11, 1917,
in Santa Clara County Records, and being more particularly described as follows:
Beginning at the intersection of the line common to Lots 54 and 45, with the northerly line
of Ricardo Road, said point being 20.00 feet distant, measured at a right angle, from the
centerline of said Ricardo Road, as shown upon said "9th Addition Monta Vista" map;
Thence, along said common line, North 39'12'11" West, 151.29 feet;
Thence, South 50°47'49" West, 98.84 feet, to a point on a curve, having a radius of 157.35
feet, and a radial bearing of North 67°29'31" East;
Thence, southeasterly, along said curve, through a central angle of 22°26'21", and an are
distance of 61.62 feet, to a point on the northerly line of said Ricardo Road;
Thence, along said northerly line, North 88006'37" East, 160.32 feet, to the POINT OF
BEGINNING.
Containing an area of 12,196 square feet, more or less.
End of Description.
15973207 Page 12.
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1 OF 1
Giuliani &.gull Inc. SCALE: 1"=40' LOT LINE ADJUSTMENT
DATE: 03/29/01 10:02
•WE DRAWN: E.T. APN 356-1-17
0 Stoma Greek Blvd. Suite 205 San Jose, CA 95129 CHECKED: M.H.
(408) 615-4000 Fax (408) 615-4004 FILE: PLAT—ADJ 22551 RICARDO ROAD
Auburn • San Jose • Oakdale E: \2000\00275\ CLPERTN0 CAtFOMA
JOB-# 00275
115973207 Page 13
1-1
Sanctity of Contract
EXH]Bn B
STEWART TITLE OF CALIFORNIA, INC.
SANTA CLARA DIVISION
2409 PARK BOULEVARD #C-102
PALO ALTO, CA 94306
(650) 688-6070 www.stewartsc.com
MEMBER CALIFORNIA LAND TITLE ASSOCIATION
PRELIMINARY REPORT
Excel Commercial Corp.
4546 El Camino Real #282
Los Altos, CA 94022
Attn: Paul Binesh /Phone: (650)941-5300
Order Number: 26330399 Your Reference:
Property Address: 22551 Ricardo Road, Cupertino, CA
In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on Schedule B or not excluded
from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms.
The printed exceptions and exclusions from the coverage of said policy or policies are'set forth in the attached list.
Copies of the policy forms should be read. They are available 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 thereto) is issued solely for the purpose of facilitating the issuance of a
policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance
of a policy of title insurance a binder or commitment should be requested.
Dated as of October 29, 2001 at 7:30 A.M.
Daisy Felix, Title Officer
When replying, please contact JANINE DIETIKER, Escrow Officer
Stewart Title of California, Inc.
Escrow Department
2409 Park Blvd. ##C-102, Palo Alto, CA 94306
(650) 688-6070 Fax: (650) 326-3673 www.stewartsc.com
115973207 Page 14
PRELIMINARY REPORT
EHB11 B
26330399
The form of Policy of Title Insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy
American Land Title Association Loan Policy
SCHEDULE A
The estate or interest in the land hereinafter described or referred
to covered by this report is:
A Fee as to Parcels One, Two, Three and Four
Title to said estate or interest at the date hereof is vested in:
EXCEL COMMERCIAL CORPORATION
Continued on next page
-1-
115973207 Page 15
CXHIBI1 B 26330399
LEGAL DESCRIPTION
The land referred to herein is situated in the State of California,
County of Santa Clara, City of Cupertino, described as follows:
PARCEL ONE:
Portion of Lot 52 and all of Lot 53, more particularly
described as follows:
BEGINNING at the Northeasterly corner of Lot 53 as shown on the
map entitled, "Map of 9th Addition Monta Vista", as recorded in
Book P of Maps, at page 16, Santa Clara County records; thence
along the Easterly line of said Lot S. 390 12' 11" E. 125.00
feet; thence along the Southerly line of Lot 53 S. 500 47, 49"
W. 100.00 feet; thence N. 390 12' 11" W. 143.50"feet; thence
parallel to the Northerly line of Lot 53 N. 500 47' 49" E.
100.00 feet; thence along the Easterly line of Lot 52 S. 390
12' 11" E. 18.50 feet to the point of BEGINNING.
TOGETHER WITH an easement for Ingress and Egress and Public
Utility Easement over the Northeasterly 20 feet of Lot 55 of
said tract herein above referred to.
PARCEL TWO:
Lot 54 as designated and delineated on a certain map entitled,
"Map of 9th Addition Monta Vista", which was filed for record
in the office of the Recorder of the County of Santa Clara,
California, April 11, 1917 in Book P of Maps, at page 16.
PARCEL THREE:
Portion of Lot 56 more particularly described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the
map entitled, "Map of 9th Addition Monta Vista" as recorded in
Book P of Maps, at page 16,'Santa Clara County records; thence
along the Southerly line of Lot 56 S. 500 47' 49" W. 118.01
feet; thence N. 321 19' 08" W. 69.00 feet; thence parallel to
the Northerly line of Lot 56 N. 500 47' 49" E. 109.74 feet;
thence along the Easterly line of said Lot S. 390 12' 11" E.
68.5 feet to the point of BEGINNING.
EXCEPTING THEREFROM all that certain property described in the
Quitclaim Deed from Harold L. Jordan and Marcelle Jordan, his
wife to Dennis Barry and Maria Barry, his wife, in joint
tenancy, recorded January 8, 1962 in Book 5424 at page 380,
Santa Clara County records.
Continued on next page
-2-
11597320'7 Page 16
� Hi l 1 � 26330399
TOGETHER WITH an easement for Ingress and Egress and Public
Utility Easement over the Northeasterly 20 feet of Lot 55 of
aid tract herein above referred to.
PARCEL FOUR:
Lot 55 as designated and delineated on a certain map entitled,
"Map of 9th Addition Monta Vista", which was filed for record
in the office of the Recorder of the County of Santa Clara,
California, April 11, 1917 in Book P of Maps, at page 16.
EXCEPTING THEREFROM all that certain property described in the
Quitclaim Deed from Harold L. Jordan and Marcelle Jordan, his
wife to Dennis Barry and Maria Barry, his wife, in joint
tenancy, recorded January 8, 1962 in Book 5424 at page 380,
Santa Clara County records.
APN: 356-01-045, 046, 047, 048 ARB: 356-01-009, 011, 11.01
End of Legal Description
Continued on next page
-3-
5973207 Page 1
XIB1 1 B 26330399
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the
printed exceptions and exclusions contained in said policy or
policies would be as follows:
A. Said property has been declared tax defaulted for non-payment
of delinquent taxes for the fiscal year 2000 - 2001:
APN NO. 356-01-017
Amounts to redeem for the above stated fiscal year (and
subsequent years, if any) are:
Amount: $355.43
By : November 30, 2001
Amount: $359.65
By : December 31, 2001
Amount: $363.86
By : January 31, 2002
B. Said property has been declared tax defaulted for non-payment
of delinquent taxes for the fiscal year 2000,- 2001:
APN NO. 356-01-017--99
Amounts to redeem for the above stated fiscal year (and
subsequent years, if any) are:
Amount: $253.80
By : November 3, 2001
Amount: $257.04
By : December 31, 2001
Amount: $260.28
By : January 31, 2002
C. General and Special City and/or County taxes, including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2001-2002
1st Installment: $91.65 - (OPEN) (DUE AND PAYABLE)
2nd Installment: $91.65 (OPEN) PAYABLE BUT NOT YET DUE
Land $4,060.00
Improvement $0
Exemption $0
Code Area 13 090
Assessment No. 356-01-045
D. General and Special City and/or County taxes, including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2001-2002
1st Installment: $199.65 (OPEN) (DUE AND PAYABLE)
Continued on next page
-4-
5973207 Page 18
0i1 B 26330399
EXH1
2nd Installment:
Land
Improvement
Exemptioni
Code Area
Assessment No.
$199.65 (OPEN) PAYABLE BUT NOT YET DUE
$4,060.00
$0
$0
13 090
356-01-046
E. General and Special City and/or County taxes, including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2001-2002
1st Installment: $199.64 (OPEN) (DUE AND PAYABLE)
2nd Installment: $199.64 (OPEN) PAYABLE BUT NOT YET DUE
Land $4,059.00
Improvement $0
Exemption $0
Code Area 13 090
Assessment No. 356-01-047
F. General and Special City and/or County taxes, -including any
personal property taxes and any assessments collected with
taxes, for the fiscal year 2001-2002
1st Installment: $91.64 (OPEN) (DUE AND PAYABLE)
2nd Installment: $91.64 (OPEN) PAYABLE BUT NOT YET DUE
Land $4,059.00
Improvement $0
Exemption $0
Code Area 13 090
Assessment No. 356-01-048
G. The lien of supplemental taxes, if any, assessed pursuant to
the provisions of Chapter 3.5 (commencing with Section 75) of
the Revenue and Taxation Code of the State of California.
1. An agreement to which reference is made for full particulars:
Dated February 8, 2000
By and Between: Harold L. Jordan and Judith Wardell
Halliday, Successor Trustee of the Wardell
Family Trust Agreement dated July 28, 1982
as amended
Regarding Grant of Easement and Maintenance
Recorded February 9, 2000, Serial No. 15147232
Official Records
2. An easement for the purpose shown below and rights incidental
thereto as set forth in a document:
To/Grantee Judith Wardell Halliday, Successors Trustee
of the Wardell Family Trust Agreement dated
July 28, 1982, as amended
Purpose Private Storm Drainage Easement
Recorded February 9, 2000
Instrument 15147232 of Official Records.
Affects The Northeasterly 10 feet of Parcel One,
Continued on next page
-5-
1159V3207 Page %y........_........--_._ -
EXF" IB-11 B
26330399
Three and A
3. Deed of Trust
to secure an indebtedness in the amount
shown
below, and any
other obligations secured thereby:
Amount
$1,500,000.00
Dated
October 17, 2000
Trustor
Excel Commercial Corporation,
a California Corporation
Trustee
Estate Financial, Inc., a California
Corporation -
Beneficiary:
Estate Financial, Inc., a California
Corporation
An Undivided 100% interest
Recorded
January 17, 2001
as Instrument No. 15527672, Official
Records
Address
935 Riverside Ave., 41, Paso Robles,
CA 93446
Loan No.
B506-00
Affects Parcel Three
The beneficial interest in said deed of trust -was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Louise Kalshan, Trustee of the Riccomini Living Trust dated
April 1990, as to an undivided 2.49496 interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated May 15, 2001
Recorded July 2, 2001 Under Serial No. 15752756
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Charles H. Dana, Trustee of The Charles H. Dana Trust, as to an
undivided 1.340% interest, Shirley N. Lemming, a Married Woman,
her sole and separate property as to an undivided 4.000% interest,
Dorothy L. Jensen, Trustee of the Dorothy L. Jensen Revocable Trust
dated 8/14/92 as to an undivided 1.667% interest, Barbara G W Lees,
a married woman, as her sole and separate property as to an undivided
1.155% interest, Scott Archer, A Married Man, as his sole and separate
property as to an undivided 2.046% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #l, Paso Robles, CA 93446
Loan No. B506-00
Continued on next page
-6-
15973207 Page 2
HIB11 B 26330399
Dated April 25, 2001
Recorded July 2, 2001 Under Serial No. 15752760
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Michael J. goodwin, a single man as to an undivided 3.333% interest,
Thomas P. Gallardo and Lois P. Gallardo, Trustees of the Gallardo
Family Trust Dated April 27th, 1993, as to an undivided 1.667%
interest, Ly Vaughn Hall, an unmarried woman and Jacqueline J.
Kennedy, an unmarried woman, as joint tenants as to an undivided
1.333% interest, Annabelle S. Brookins, a married woman, as her
sole and separate property as to an undivided 0.667% interest,
Gerald Edward Ankeny, a single man, as to an undivided 2.000%
interest, First Trust Company of Onaga, Custodian FBO Carole S.
Frankel, IRA, Account No. 4100975000 as to an undivided 1.333%
interest
Mailing Address:
Loan No.
Dated
Recorded
C/O Estate Financial,
935 Riverside Avenue,
B506-00
April 25, 2001
Inc.
#1, Paso Robles, CA 93446
July 2, 2001 Under Serial No. 15752761
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Michael F. Mignone and Marcela S. Mignone, Trustees of The Mignone,
Living Trust dated June 15, 1990 as to an undivided 1.333% interest,
California Federal Bank, Custodian FBO Dennis Klassen, Acct.:
CKD0350, as to an undivided 3.333% interest, Robert Clark, a single
man, as to an undivided 2.993% interest, Nu Acoustics, a California
Corporation as to an undivided 2.00016 interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. 3506-00
Dated April 25, 2001
Recorded July 2, 2001 Under Serial No. 15752762
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
Continued on next page
-7-
5973207 Page 21
�H1B11 g
To/Assignee As Follows:
26330399
Otis D. Grubbs, Trustee of the Otis D. Grubbs Revocable Living
Trust dated March 26, 1990 as to an undivided 1.3334; interest,
Mattie L. Bonjour, Trustee of the Mattie L. Bonjour Trust dated
1/9/91 as to an undivided 0.667% interest, Lloyd Bennett and
Suzanne Z. Bennett, Trustee of the L & S Bennett Living Trust
dated July 8, 1987, as to an undivided 3.333% interest, Michael E.
Sampson, a single man as to an undivided 1.667% interest, Clifford
Heschke and Beverly Heschke, Trustees for the Heschke Family Trust
Dated 12/30/86 as to an undivided 1.533% interest.
Mailing Address:
Loan No.
Dated
Recorded
C/O Estate Financial,
935 Riverside Avenue,
B506-00
April 25, 2001
Inc.
#1, Paso Robles, CA 93446
July 2, 2001 Under Serial No. 15752763
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Clifford Andreas Munk and Lois Elaine Munk, Trustees of The Clifford
Andreas Munk and Lois Elaine Munk Revocable Trust dated April 10,
1991 as to an undivided 2.744% interest, Charles J. Hunt, Trustee
for Conservatorship of James W. Gentry as to an undivided 2.333%
interest, Louis Kalshan, Trustee of the Riccomini Living Trust dated
April 1990 as to an undivided 1.215% interest, Kathryn B. Spencer,
Trustee of the Spencer Intro Vivos Trust dated 1975 as to an
undivided 0.667% interest, Lincoln Trust Company Custodian FBO
Joseph E. Nargie Individual Retirement Account 460466412 as to
an undivided 1.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B506-00
Dated April 25, 2001
Recorded July 2, 2001 Under Serial No. 15752766
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Otis D. Grubbs, Trustee of the Otis D. Grubbs Revocable Living
Trust dated March 26, 1990 as to an undivided 0.190% interest
Continued on next page
-8-
115973207 Page 22
`A" fill B 26330399
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated July 2, 2001
Recorded October 2, 2001 Under Serial No. 15893836
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Michael F. Mignone and Marcela S. Mignone, Trustees of the Mignone
Living Trust dated June 15, 1990, as to an undivided 1.667% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B506-00
Dated July 3, 2001
Recorded October 2, 2001 Under Serial No. 15893837
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
John Steven, Trustee of the John Steven Living Trust dated 1/8/85
as to an undivided 1.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated June 18, 2001
Recorded October 2, 2001 Under Serial No. 15893847
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Richard N. Carlson, an unmarried man as to an undivided 1.176%
interest, Michael F. Mignone and Marcela S. Mignone, Trustees of
the Mignone Living Trust dated June 15, 1990 as to an undivided
0.576% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Continued on next page
-9-
115973207 Page 2
GAF11B11 B 26330399
Dated August 29, 2001
Recorded October 11, 2001 Under Serial No. 15905988
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Thomas J. Shelley and Joyce S. Shelly, husband and wife, as joint
tenants as to an undivided 1.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated August 27, 2001
Recorded October 11, 2001 Under Serial No. 15905990
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
California Federal Bank Custodian FBO Robert V. Bellis, #CBR0050,
IRA Rollover as to an undivided 3.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B506-00
Dated September 18, 2001
Recorded October 11, 2001 Under Serial No. 15905991
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Estate Financial, Inc., a California Corporation, as to an undivided
1.215% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, ##1, Paso Robles, CA 93446
Loan No. B506-00
Dated September 20, 2001
Recorded October 11, 2001 Under Serial No. 15905994
Of Official Records
The beneficial interest in said deed of trust was partially
Continued on next page
-10-
_5973207 Page 24
CR A 11. 01811 g 26330399
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Vern Kalshan and Louise Kalshan, Husband and Wife as Community
Property as to an undivided 0.043% interest, Richard N. Carlson
an unmarried man as to an undivided 1.000% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated September 4, 1991
Recorded October 11, 2001 Under Serial No. 15905996
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Clifford Andreas Munk and Lois Elaine Munk, Trustee of the Clifford
Andreas Munk and Lois Elaine Munk Revocable Trust dated April 10,
1991 as to an undivided 0.217% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated August 1, 2001
Recorded October 24, 2001 Under Serial No. 15926762
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Vern Kalshan and Louise kalshan, Husband and Wife, as Community
Property as to an undivided 1.796% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B506-00
Dated August 21, 2001
Recorded October 24, 2001 Under Serial No. 15926767
Of Official Records
4. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $1,500,000.00
Dated October 17, 2000
Continued on next page
-11-
[15973207 Page 25
=AHIB1 1 13 26330399
Trustor Excel Commercial Corporation,
a California Corporation
Trustee Estate Financial, Inc., a California Corporation
Beneficiary: Estate Financial, Inc., a California Corporation
An Undivided 100% interest
Recorded January 17, 2001
as Instrument No. 15527673, Official Records
Address 935 Riverside Ave., #1, Paso Robles, CA 93446
Loan No. B505-00
Affects Parcel One
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Clifford Andreas Munk and Lois Elaine Munk, -Trustees of the Clifford
Andreas Munk and Lois Elaine Munk Revocable Trust dated April 10,
1991 as to an undivided 4.026% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752754
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Clark A. Bixby, an unmarried man as to an undivided 2.080% interest,
William R. Hayward and Jean Hayward, Trustee of the William R. and
Jean Hayward Revocable Living Trust dated 5/25/89 as to an undivided
3.260% interest, Genevieve H. Apel, Trustees of The Genevieve H."
Apel Living Trust dated 12/2/91 as to an undivided 0.833% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752755
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
Continued on next page
-12-
115973207 Page 2
To/Assignee
EJE9-ili"J`ll 8
As Follows':
26330399
Marilyn Larsen -Phillips and James Phillips, husband and wife
as joint tenants as to an undivided 0.66715 interest, Joan H.
Monck, a widow as to an undivided 1.000% interest, James Harley,
an unmarried man as to an undivided 1.630% interest, Avanlle P•.
Burns, Trustee of the Avenelle P. Burns Living Revocable Trust -
Agreement dated June 8, 1987 as to an undivided 1.181% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752757
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc:
To/Assignee As Follows:
Claudia E. Guerrero, Trustee of the Guerrero Family Trust as to an
undivided 4.069% interest, Brad Fleisch, a single man as to an
undivided 2.533% interest, Armand F DuFresne and Lois B. DuFresne,
Trustees of the DuFrense Family Trust dated November 1990,
as to an undivided 2.067% interest, Kevin R. Farrell, a single
man as to an undivided 3.333% interest, Robin H. Fairbairn and
Rosalind H.M. Fairbairn, husband and wife as community property,
as to an undivided 4.793% interest
Mailing Address:
Loan No.
Dated
Recorded
C/O Estate Financial,
935 Riverside Avenue,
B505-00
Not shown
Inc.
#1, Paso Robles, CA 93446
July 2, 2001 Under Serial No. 15752758
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Michael A. Winters, a married man as his sole and separate property
as to an undivided 4.667% interest, Jules G. Dahlem and Monique M.
Dahlem, husband and wife, as joint tenants, as to an undivided 1.667%
interest, Ronni R Silver, a married woman as her sole and separate
property as to an undivided 0.667% interest, Eugene C. Osborn,
Trustee of the Eugene Carrol Osborn Living Trust dated September
29, 1993 as to an undivided 0.667% interest Lyn Colliard, an
unmarried woman, as to an undivided 0.667% interest
Continued on next page
-13-
115973207, Page 2
Mailing Address
Loan No.
Dated
Recorded
1 CA IVI1
C/O Estate Financial, Inc.
935 Riverside Avenue, #1,
B505-00
Not shown
July 2, 2001 Under Serial
Of Official Records
26330399
Paso Robles, CA 93446
No. 15752759
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Ronald Fryer and Karen Fryer, husband and wife, as joint tenants
as to an undivided 3.333% interest, Vera McDaniel, Trustee of the
McDaniel Trust DTD 8/15/88 as to an undivided 1.333% interest,
Bruce V. and Berdie L. Brown, Trustees of the Brown Family Trust
dated September 21, 1990, as to an undivided 2.667% interest, Julia
Uberuaga Coleman, Trustee of the Julia Uberu.aga Coleman
Revocable Living Trust as to an undivided 1.667% interest,
Harold J. Rosso, Trustee of the Harold J. Rosso Trust dated
June 20, 1977 as to an undivided 1.120% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752764
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
J.D. Ridenour and Vivian I. Ridenour, as Trustees of the Ridenour
Revocable Trust dated 3/29/89 as to an undivided 2.133% interest,
California Federal Bank Custodian FBO Robert V. Bellis, #CBR0050,
IRA Rollover as to an undivided 5.000% interest, Marilynn M. Hanson,
Trustee of the Marilynn M. Hanson Revocable Trust dated December 22,
1993 as to an undivided•4.500% interest, Anthony R. DiDonna
and Maxine D. DiDonna, Trustee of the Anthony and Maxine DiDonna
Trust executed 12/11/90 as to an undivided 3.433% interest, Vivian I.
Ridenour and J.D. Ridenour, Trustees of the Vivian L. Ridenour
Revocable Trust dated 7/18/94 as to an undivided 6.667% interest
Mailing Address: C/0 Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Continued on next page
-14-
.5973207 Page 28
26330399
Recorded July 2, 2001 Under Serial No. 15752765
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Kirit Patel and Gita Patel, Trustees of the Kirit Patel and Gita
Patel Trust as to an undivided 1.667% interest, William H. Irvine
and Norma Jeanne Irvine, Trustees, or their successors in trust,
under the Irvine Trust, and any amendments thereto, dated April 13,
1990 as to an undivided 2.000% interest, Jaime Carmo and Fatima
Carmo, Husband and Wife, as Joint Tenants as to an undivided
2.442% interest, John Hamilton, a Married Man, as his sole and
separate property, as to an undivided 3.3330-8 interest, Reynold
Costa, a single man as to an undivided 1.667% interest
Mailing Address: C/O Estate Financial, -Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752767
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Rebecca Page Houser, as Trustee of the Houser Family Trust, dated
1/29/92, as to an undivided 0.200% interest, Laura M. Paulsen,
a single woman as to an undivided 1.333% interest, Clifford Andreas
Munk and Lois Elaine Munk, Trustee of the Clifford Andreas Munk
and Lois Elaine Munk Revocable Trust dated April 10, 1991 as to
an undivided 3.026% interest, Bonnie K. Nelson, a single woman as
to an undivided 2.000% interest, William R. Hayward and Jean Hayward,
Trustee of the William R. and Jean Hayward Revocable Living Trust
dated 5/25/89 as to an undivided 2.260% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated Not shown
Recorded July 2, 2001 Under Serial No. 15752768
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
Continued on next page
-15-
115973207 Page 29
EXH11311 B 26330399
To/Assignee As Follows:
James Michael Fagaly, Trustee of the James Michael Fagaly Revocable
Trust UTD 05/27/99 as to an undivided 0.533% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893834
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
William H. Irvine and Norma Jeanne Irvine, Trustees, or their
successors in trust, under the Irvine Trust; and any amendments
thereto dated April 13, 1990 as to an undivided 1.667% interest,
John Hamilton, a married man, as his sole and separate property
as to an undivided 3.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated July 3, 2001
Recorded October 2, 2001 Under Serial No. 15893838
Of Official Records
Address 1157 Saratoga Ave., San Jose, CA 95129
The beneficial interest in said deed of trust.was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Rebecca Page Houser, as Trustee of the Houser Family Trust dated
1/29/92, as to an undivided 0.867% interest, Helen L. Moe, Trustee
of the Moe Living Trust dated January 24, 1968 as amended and
restated on February 5,•1996 as to an undivided 3.662% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated June 8 2001
Recorded October 2, 2001 Under Serial No. 15893848
Of Official Records
The beneficial interest in said deed of trust was partially
Continued on next page
-16-
5973207 Page 30
EX3 IB11 B
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
26330399
Leno P. Broseghini and Marjorie E. Broseghini, Husband and Wife,
as Joint Tenants as to an undivided 0.667% interest, Barbara
Thorburn Living Trust UTD August 28, 1998, Barbara Thorburn,
Trustee as to an undivided 1.333% interest, California Federal -Bank,
Custodian FBO Vernon Kalshan Account Number TKV 0050 as to an
undivided 3.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated May 29, 2001
Recorded October 2, 2001 Under Serial No. 15893849
Of Official Records
The beneficial interest in said deed of trust -was partially
assigned of record by partial assignment:
From/Assignor Ronni R. Silver
To/Assignee As Follows:
Estate Financial, Inc., a California Corporation
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893851
Of Official Records
The beneficial interest in said deed of trust -was partially
assigned of record by partial assignment:
From/Assignor California Federal FBO Vernon Kalshan
To/Assignee As Follows:
Vern Kalshan, Trustee of the Vern Kalshan Profit Sharing Plan
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated July 3, 2001
Recorded October 2, 2001 Under Serial No. 15893853
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor William R. Hayward and Jean Hayward
To/Assignee As Follows:
Continued on next page
-17-
5973207 Page 31
EXHIB11 B 26330399
Estate Financial, Inc., a California Corporation, as to an undivided
2.260% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated September 21, 2001
Recorded October 11, 2001 Under Serial No. 15905993
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Richard J. Montague and Doris M. Montague, Trustees of The
Richard J. Montague and Doris M. Montague Rdvocable Trust
as to an undivided 3.333% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated September 5, 2001
Recorded October 11, 2001 Under Serial No. 15905995
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Vivian I. Ridenour
To/Assignee As Follows:
Estate Financial, Inc., a California Corporation as to an undivided
6.667% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated September 28, 2001
Recorded October 26, 2001 Under Serial No. 15930263
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Russell F. Beglau, Trustee of The Russell F. Beglau Family Trust
Under Agreement dated 7/24/91 as to an undivided 2.667% interest
Continued on next page
-18-
[15973207, Page 3
EXHIE31 i B 26330399
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, ##1, Paso Robles, CA 93446
Loan No. B505-00
Dated October 3, 2001
Recorded October 26, 2001 Under Serial No. 15930265
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Clifford Andreas Munk
To/Assignee As Follows:
Estate Financial, Inc., a California Corporation, as to an undivided
3.026% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B505-00
Dated September 24, 2001
Recorded October 26, 2001 Under Serial No. 15930273
Of Official Records
5. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount .$650,000.00
Dated January 12, 2001
Trustor Excel Commercial Corporation
Trustee Stewart Title of California, Inc.,
a California Corporation
Beneficiary: Joel Nelson, A Married Man
Recorded January 17, 2001
as Instrument No. 15527674, Official Records
Address 1157 Saratoga Ave., San Jose, CA 95129
Loan No. None
Affects Parcel Four
6. Deed of Trust to secure an indebtedness in the amount shown
below, and any other obligations secured thereby:
Amount $1,500,000.00
Dated October 17, 2000
Trustor Excel Commercial Corporation,
a California corporation
Trustee Estate Financial, Inc., a California Corporation
Beneficiary: Estate Financial, Inc., a California Corporation
as to an undivided 100.0006 interest
Recorded February 21, 2001
as Instrument No. 15565818, Official Records
Address 935 Riverside Avenue, #1, Paso Robles, CA 93446
Continued on next page
-19-
115973207
Page 33
It
EXIB11 a 26330399
Loan No. B507-00
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Craig Adney and Michele Adney, Trustees of the Adney Revocable-
Family Dated April 6, 1999, as to an undivided 2.898% interest,
David Rosso and Judy Rosso, husband and wife, as joint tenants*
as to an undivided 1.333% interest, Mattie L. Bonjour, Trustee
of the Mattie L. Bonjour Trust dated 1/9/91 as to an undivided
0.667% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B507-00
Dated July 3, 2001
Recorded October 2, 2001 Under -Serial No. 15893835
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Gordon Wallace,, A Married Man, as his so]e and separate property,
as to an undivided 0.728% interest, Richard J. Rengel, a Married
Man as his sole and separate property as to an undivided 16.667%
interest, Karl A. Von Dollen, a single man as to an undivided
1.667% interest, Lee Vicent La Velle and Laurette Marie La Velle,
Trustees of the Lee Vincent La Valle.and Laurette Marie La Velle
Trust dated February 22, 2001 as to an undivided 0.728% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893839
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Kathryn Loretta Guerin, as trustee of the Kathryne Loretta Guerin
Revocable Trust of 1990, as to an undivided 1.000% interest,
Robert Flores and Kathleen S. Flores, Husband and Wife as
Community Property, as to an undivided 1.333% interest, C & L
Continued on next page
-20-
L15973207, Page 34
EXIOHIB11 B 26330399
Schoenfield Investments, Inc., a California corporation as to
an undivided 2.000% interest, as to an undivided 1.000% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B507-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893840
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Mattie L. Bonjour, Trustee of the Mattie L. Bonjour Trust dated
1-9-91 as to an undivided 0.667% interest, Lloyd Bennett and
Suzanne Z. Bennett, Trustees of the L. & S. Bennett Living Trust
dated July 8, 1967, as to an undivided 2.00G% interest, James
Stewart, Husband and Wife, as Joint Tenants as to an undivided 1.667%
interest, Marilyn Beesemyer, Trustee of the J.C. Beesemyer Statutory
Trust as to an undivided 1.000% interest
Mailing Address:
Loan No.
Dated
Recorded
C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
B507-00
June 25, 2001
October 2, 2001 Under Serial No. 15893841
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc:
To/Assignee As Follows:
Victor Vigdorchik and Rita Vigdorchik J.L.T. dated January 10,
2000 as to an undivided 3.333% interest, Donna and Robert Berg
Foundation, a California non-profit organization as to an
undivided 2.667% interest, Therese Lalande, Trustee of the
Aime Lalande Trust dated 5/1/81 as to an undivided 2.61796 interest,
Russell F. Beglau, Trustee of the Russell F. Beglau Family Trust
under agreement dated July 24, 1991 as to an undivided 1.333%
interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893842
Of Official Records
Continued on next page
-21-
115973207 Page 35
EXH1811
a 26330399
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Bonnie K. Nelson, a single woman as to an undivided 2,000% interest,
California Federal Bank Custodian FBO Robert V. Bellis, #CBR0050,
IRA Rollover as to an undivided 3.333% interest, Anthony R.
DiDonna and Maxine D. DiDonna, Trustees of the Anthony and Maxine
DiDonna Trust executed 12/11/90 as to an undivided 2.943% interest,
Claudia E. Guerero, Trustee of the Guerrero Family Trust as to an
undivided 2.401% interest
Mailing Address:
Loan No.
Dated
Recorded
C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
B507-00
June 25, 2001
October 2, 2001 Under -Serial No. 15893843
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
George D. Potter, Jr. a single man as to an undivided 1.667%
interest, Jaimie Carmo and Fatima Carmo, Husband and Wife,
as Joint Tenants as to an undivided 3.333% interest, C & L
Investments, Inc., Defined Benefit Keogh Plan as to an
undivided 9.400% interest
Mailing Address: C/O Estate Financial, .Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated June 25, 2001
Recorded October 2, 2001 Under Serial No. 15893844
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Robert O. Berg and Donna Berg
To/Assignee As Follows:
Donna and Robert Berg Foundation, a California non-profit
organization
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B507-00
Continued on next page
-22-
5973207 Page 3
11EXA IB11 26330399
Dated June 26, 2001
Recorded October 2, 2001 Under Serial No. 15893845
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Robert 0. Berg and Donna Berg
To/Assignee As Follows:
Donna and Robert Berg Foundation, a California non -prof
organization
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated June 26, 2001
Recorded October 2, 2001 Under Serial No. 15893846
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Russell F. Beglau, Trustee of the Russell F. Beglau Family
Trust under agreement dated July 24, 1991 as to an undivided
0.231% interest `
Mailing Address: C/0 Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated August 30, 2001
Recorded October 11, 2001 Under Serial No. 15905985
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Russell F. Beglau, Trustee of the Russell F. Beglau Family
Trust under agreement dated July 24, 1991 as to an undivided
0.400% interest
Mailing Address: C/o Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated September 13, 2001
Recorded October 11, 2001 Under Serial No. 15905986
Of Official Records
Continued on next page
-23-
115973207 Page 3
rAHIBf l B 26330399
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Marilyn Beesemyer, Trustee of the J.C. Beesemyer Statutory Trust
as to an undivided 1.200% interest, James R. Creekmore and
Marlene b. Creekmore, as husband and wife, as joint tenants,
as to an undivided 0.294% interest, Cheri Wilson and Larry Wilson,
Husband and Wife, as Joint Tenants as to an undivided 0.668% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, 41, Paso Robles, CA 93446
Loan No. B507-00
Dated September 6, 2001
Recorded October 11, 2001 Under Serial No. 15905987
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Therese Lalande, Trustee of the Aime Lalande Trust dated 5/1/81
as to an undivided 0.379% interest, C & L Schoenfeld Investments,
Inc., a California Corporation as to an undivided 1.267% interest,
James R. Creekmore and Marlene B. Creekmore, as husband and wife
as joint tenants, as to an undivided 0.217% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated August 15, 2001
Recorded October 24, 2001 Under Serial No. 15926764
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
James R. Creekmore and Marlene B. Creekmore, as husband and wife
as joint tenants, as to an undivided 0.138% interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated October 3, 2001
Recorded October 26, 2001 Under Serial No. 15930266
Continued on next page
-24-
115973207 Page 38
EXHIBfI B
26330399
Of Official Records
The beneficial interest in said deed of trust was partially
assigned of record by partial assignment:
From/Assignor Estate Financial, Inc.
To/Assignee As Follows:
Marilyn Beesemyer, Trustee of the J.C. Beesemyer, Trustee
of J.C. Beesemyer Statutory Trust as to an undivided 0.133%
interest
Mailing Address: C/O Estate Financial, Inc.
935 Riverside Avenue, #1, Paso Robles, CA 93446
Loan No. B507-00
Dated September 18, 2001
Recorded October 26, 2001 Under Serial No. 15930274
Of Official Records
7. This Company will require the following documents in order to
insure a conveyance or encumbrance by the corporation or
unincorporated association named below:
Corporation: Excel Commercial Corporation, a California corporation
(a) A copy of the Corporation By -Laws or Articles.
(b) An original or certified copy of the Resolution authorizing
the subject transaction.
(c) If the Articles or By -Laws require approval by a "Parent"
organization, we will also require a copy of those
By -Laws or Articles.
(d) If an unincorporated association, a statement pursuant
to applicable law (such as California Corporation Code
Section 20002). The right is reserved to add requirements
or additional items after completion of such review.
8. Matters which may be disclosed by an inspection or by a survey
of said land satisfactory -to this Company, or by inquiry of the
parties in possession thereof.
END OF EXCEPTIONS
Typist Initials: gt
Print date: November 13, 2001
Continued on next page
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15973207 Page 39
EXHi8a f3 26330399
NOTES
There are no conveyances affecting said land recorded within
two (2) years of the date of this report, except the following:
Grantor Phillip L. Jordan, Successor Trustee of the Harold L.
Jordan Revocable Living Trust dated May 22, 2000
Grantee Excel Commercial Corporation
Recorded: January 17, 2001, Serial No. 15527671
of Official Records
None of the items shown in this report will cause the company to
decline to attach CLTA Indorsement form 100 to the ALTA Loan
Policy, when issued.
There is located on said land: Vacant Land
known as: 22551 Ricardo Road "
Cupertino, CA
SHORT TERM RATE: Yes
COUNTY OF SANTA CLARA
RECORDING FEES The Recording Fees for The County of Santa Clara
as follows:
$7.00 for the first page of a document, plus $7.00 for each
additional title over one, plus $3.00 for each additional page
(provided all pages of the document measure 8-1/2" x 11" and
comply with recording requirements), except for deeds of trust
assignments of deeds of trust, reconveyance, requests for
notice, requests for notice of delinquencies and notice of
defaults.
Deeds of Trust, Reconveyance, Requests for Notice of
Delinquencies and Notices of Defaults are $9.00 for the first
page of the document, plus $7.00 for each additional title over
one, plus $3.00 for each additional page (provided all pages of
the document measure 8-1/2" x ill, and comply with recording
requirements).
A Substitution of Trustee and Full Reconveyance, as combined
document is $18.00 for the first page of the document, plus
$3.00 for each additional page (provided all pages of the
document measure 8-1/211 x 11" and comply with recording
requirements).
The recording fee for a Release of Tax Lien from the State of
California, The County of Santa Clara, or a City is $11.00. The
Continued on next page
-26-
L15973207 Page 4
�XHIBn 26330399
recording fee for Release of Tax Lien from the I.R.S. is $7.00.
When recording a lien, judgment, or abstract of judgment add
$3.00 per owner or debtor.
There is a Survey Monument Preservation Fee of $10.00 charged on
the recording of all deeds containing a description other than
that of a condominium or a complete lot shown on a subdivided
tract (this fee is not charged on easements).
Documents that are not 8-1/2 " x 11" and that do not comply with
recording requirements are subject to an additional fee of $3.00
for each page.
TRANSFER TAX RATE: The Transfer Tax Rate for the County of
Santa Clara is based on $1.10 per $1,000 (or 55 cents per $500)
of total consideration given for the property, less liens and
encumbrances remaining of record. In addition to the transfer
tax charged by the County of Santa Clara, the -Cities of
Mountain View, San Jose and Palo Alto have a Transfer Tax Rate
based on $3.30 per $1,000 (or $1.65 per $500) of total
consideration given for the property, less liens and
encumbrances remaining of -record.
STATE OF CALIFORNIA
DOCUMENT REQUIREMENTS: Any instrument, paper, or notice
submitted for recording should be on 8-1/2" x 11" white paper,
preferably 161b bound or heavier. They should be in block
print, preferably minimum 10-point type on the first page and 8
point on subsequent pages. All printing or writing should be
limited to one side of a page.
Any document submitted for recording shall have at least 1/2"
margin on each vertical side. In addition, the top 2-1/2" of
the first page shall be reserved for recording information,
with the left 3-1/2" used by the public to show the name of the
person requesting recording and the name and address to which
the document is to be returned following recording. The
right-hand portion of the space is for use by the recorder only.
Any document submitted must indicate the title or titles of the
document(s) contained therein. Those title must appear on the
first page directly below the space reserved for the recorder.
All information required by the statute which provides for the
creation of the document must be there. In addition, all
recording requirements must be met.
Continued on next page
-27-
115973207 Page 41
26330399
Any document which contains
measure 8-1/2" x 11" or that
requirements may be subject
every page of that document.
sheet or sheets which do not
.do not comply with recording
to recording penalty of $3.00 for
PRELIMINARY CHANGE OF OWNERSHIP REPORT (PCOR): A Preliminary
Change of Ownership Report must be completed by the transferee
(buyer) prior to the transfer of property in accordance with
the provisions of Section 480.3 of the Revenue and Taxation
Code. The Preliminary Change of Ownership Report should be
submitted to the recorder concurrent with the recordation of
any document effecting a change of ownership. If a document
evidencing a change of ownership (i.e. Deed, Affidavit -Death
Joint Tenant) is presented to the recorder for recording with a
preliminary change of ownership report, the recorder may charge
an additional $20.
Continued on next page
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15973207 Page 42
26330399
. BXH I Bit B
CALIFORNIA "GOOD FUNDS" LAW
California Insurance Code Section 12413.1 regulates the disbursement
of escrow and sub -escrow funds by title companies. Funds received
by STEWART TITLE OF CALIFORNIA, INC. via wire transfer may be
disbursed upon receipt. Funds received via cashiers checks or teller
checks may be disbursed on the next business day after the day of
deposit. If funds including shortage checks are disbursed to this
company other than by tellers check, cashiers check, wire transfer or
disbursements of escrow or sub -escrow funds, you should contact
your title officer.or escrow officer.
-29-
5973207 Page 43
EXHIBI1 B
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title of California, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,
from sharing nonpublic personal information about you with nonaffiliated third party unless the institution provides you with
a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document,
which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company,
Stewart Title of California, Inc.
We may collect nonpublic personal information about you from the following sources:
* Information we receive from you, such as on applications or other forms.
* Information about your transactions we secure from our files, or from our affiliate's or others.
* Information we receive from a consumer reporting agency.
* Information that we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information
will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to nonaffiliates third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
* Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
* Non -financial companies such as envelope stuffers and fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information in
order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with
federal regulations to guard your nonpublic personal information.
i5973207 Page 44i�
CLTA PRELIMINARY REPORT FORM
EXHIBIT A
EXHIBIT s
CLTA PRELIMINARY REPORT FORM
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
SCHEDULE B
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS
OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING OR 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 OR POLICY.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTEND THAT A NOTICE OF THE EXERCISE
THEREOF OR NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION 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 PRIER. 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 C014PANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED
CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LASS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR
(E) RESULTING IN LASS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THB INSURED CLAIMANT HAD PAID VALUE FOR
THE INSURED MORTGAGE OR FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY.
4. UNENFORCEABLILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT
DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OR INDEBTEDNESS, TO COMPLY WITH THE
APPLICABLE DOING BUSINESS LAWS, OF THE STATE IN WHICH THE LAND IS SITUATED.
S. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE
TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR
TRUTH IN LENDING LAW.
6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS
POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF
FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS.
EXCEPTIONS FROM COVERAGE
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR
EXPENSES) WHICH ARISE BY REASON OF:
1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT
LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS.
PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A
CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
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.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 1 OF 6
115973207 Page 45
CLTA PRELIMINARY REPORT FORM �������
2. AMERICAN LAND TITLE ASSOCIATION B
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND
EXPENSES RESULTING FROM:
I. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS
INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: '
• LAND USE * IMPROVEMENTS ON THE LAND
• LAND DIVISION * ENVIRONMENTAL PROTECTION
THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC
RECORDS AT POLICY DATE.
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.
S. 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.
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. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS.
2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN
COVERAGE IN ITEM 8 OF COVERED TITLE RISKS.
3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY
THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS.
4. ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE
PUBLIC RECORDS.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 2 OF 6
5973207 Page 46
r, CLTA PRELIMINARY REPORT FORM E"Hu ,���
3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) !
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
. AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS AND COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COSTS, ATTORNEY'S 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 (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 TO
THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR
COMPLETED AT DATE OF POLICY); OR '
(E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE
FOR THE INSURED MORTGAGE.
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 INDEBTE➢NESS, TO COMPLY WITH
APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED.
S. 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
(11) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE
OR 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 RECORDED THE INSTRUMENT OF TRANSFER; OR
(B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 3 OF 6
5973207 Page 4)
CLTA PRELIMINARY REPORT FORM E 11311
7VE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS:
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 NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, 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.
S. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C)
ARE SHOWN BY THE PUBLIC RECORDS.
4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON 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 OCCURREb 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 PREFERENTIAI. 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.
(LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE)
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 4 OF 6
.5973207 Page 48
CLTA PRELIMINARY REPORT FORM
THE ABOVE POLICY FORMS MAY BE ISSUED TO AFFORD EITHER STANDARD COVERAGE OR EXTENDED COVERAGE. IN ADDITION TO THE
ABOVE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE IN A STANDARD COVERAGE POLICY WILL INCLUDE THE
FOLLOWING GENERAL EXCEPTIONS:
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 NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS.
2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE
ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF.
3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS.
4. DISCREPANCIES, CONFLIICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROAC!lHENTS, 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.
5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
EXCLUSIONS -
IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LASS, 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. TONING
C. LAND USE
D. IMPROVEMENTS ON 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 PUNLIC RECORDS AT THE POLICY DATE.
3. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS:
A. NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUNLIC 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, 8.0, 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 11 OR 18.
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 5 OF 6
59732C7 Page 4
6. "GOLD" COMPREHENSIVE PROTECTION ,������
LOAN POLICY OF TITLE INSURANCE X
EXCLUSIONS FROM COVERAGE
r
THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY
LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF:
(A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING
LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (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 FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17, 34, AND 41.
(B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE
EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED
VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY.
THIS EXCLUSION FROM COVERAGE 1(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15,
16, 17, 34, AND 41.
2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT
DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH
WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE.
DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS:
(A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT;
(B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE
INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE
INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY;
(C) RESULTING IN NO LASS OR DAMAGE TO THE INSURED CLAIMANT;
(D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE
COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34,
35, 38, 39, AND 40);
(E) RESULTING IN LASS 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 ANY CONSUMER CREDIT PROTECTION OR
TRUTH -IN -LENDING LAW.
6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY,
BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT
IS BASED ON:
LJ
M
(A) THE TRANSACTION CREATING THE ESTATE 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 OP TRANSFER; OR
(II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR.
7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY
LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE
COVERAGE OF INSURING PROVISION 34.
REV. 1999 STEWART TITLE GUARANTY COMPANY
PAGE 6 OF 6
L1597320- Page 50
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