LLA-CTC Funding, LLC, 20370 Rodrigues Ave, APNs: 369-40-16 and 17RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
DOCUMENT: 17287952
111111111111111111111111
'�e3-0"5-
Pages: 22
Fees.... No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS RIDE # 012
SANTA CLARA COUNTY RECORDER 8/21/2003
Recorded at the request of 2:16 PM
Old Republic Title Company
(SPACE ABOVE THIS LINPf( ORDEW$,USE)
LOT LINE ADJUSTMENT, CTC FUNDING LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY (PARCELS A & B) APN 369-40-16 AND 17,
20370 RODRIGUES AVENUE
P' Original
0 For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owners: CTC Funding LLC, a California Limited Liability Company (Parcels A &
B) APN 369-40-16 and 17, 20370 Rodrigues Avenue
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 A and B, 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 18.08.0101-1 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 19th day of August , 2003.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
By'. VC.�
��'B'T - July 10, 2003
Job No. A00088
Page 1 of 6
EXHIBIT A
LEGAL DESCRIPTION
EXISTING PARCEL `B"
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, and is described as follows:
Parcel `B", so designated and delineated on the Parcel Map recorded December 27, 1976 in
Book 385, pages 47 and 48, Santa Clara County Records.
F:\PROJECTS\A00088\LEGAL DESCRIPTION BEFORE.doc
F T
July 10, 2003
Job No. A00088
Page 2 of 6
EXHIBIT A
LEGAL DESCRIPTION
EXISTING PARCEL "A"
All that certain real property situate in the City of Cupertino, County of Santa Clara,
State of California, and is described as follows:
Parcel "A", so designated and delineated on the Parcel Map recorded December 27,
1976 in Book 385, pages 47 and 48, Santa Clara County Records.
EXH07A
July 10, 2003
Project No. A00088
Page 3 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL B
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California being described as follows:
Being a portion of Parcel `B" so designated and delineated on the Parcel Map recorded
December 27, 1976 in Book 385 of Maps at pages 47 and 48, Santa Clara County
Records and being more particularly described as follows:
Beginning at the southeasterly corner of said Parcel `B" and also being on the westerly
line of Torre Avenue as shown on said Parcel Map;
Thence along said westerly line, North 00°56'43" East, 274.99 feet;
Thence along a curve to the left, having a radius of 20.00 feet, through a central angle of
89°59'44", an arc distance of 31.41 feet to a point on the southerly line of Rodriguez
Avenue;
Thence along said southerly line, North 89°03'01" West, 115.18 feet;
Thence leaving said line, South 00°53'43" West, 297.98 feet to a point on the southerly
line of said Parcel B and a non -tangent curve to the left, to which point a radial line bears
South 01 °33' 19" East;
Thence easterly along said non -tangent curve to the left, having a radius of 985.00 feet,
through a central angle of 01°04'59" an arc distance of 18.62 feet;
Thence along a curve to the right, having a radius of 1015.00 feet, through a central angle
of 03°34'43" an arc distance of 63.40 feet;
Thence South 89°03'35" East, 53.23 feet to the Point of Beginning.
Description prepared by Kier & Wright Civil Engineers & Surveyor's Inc.
C44
Date Jffy R. Vigil .S. 6256
f"+.S . J
OF C,
FAPROJECTS\A00088\LEGAL DESCRIPTION AFTER NEW.doc
lit,�
July 10, 2003
Project No. A00088
Page 4 of 6
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California being described as follows:
Being all of Parcel "A" and a portion of Parcel `B" so designated and delineated on the
Parcel Map recorded December 27, 1976 in Book 385 of Maps at pages 47 and 48, Santa
Clara County Records and being more particularly described as follows:
Beginning at the southeasterly corner of said Parcel `B" and also being a point on the
westerly line of Torre Avenue as shown on said Parcel Map;
Thence along said westerly line, North 00°56'43" East, 274.99 feet;
Thence along a curve to the left, having a radius of 20.00 feet, through a central angle of
89°59'44" an arc distance of 31.41 feet to a point on the southerly line of Rodriguez
Avenue;
Thence along southerly line, North 89°03'01" West, 115.18 feet to the True Point of
Beginning;
Thence continuing along said southerly line, North 89°03'01" West, 451.38 feet to a
point on the westerly line of Parcel A as shown on said Map;
Thence leaving said southerly line, South 00°53'20" West, 305.04 feet along said
westerly line to a point on a northerly line of said Parcel A;
Thence along said northerly line, North 89°03'01" West, 200.00 feet to a point on the
easterly line of De Anza Blvd.;
Thence along said easterly line, South 00°53'20" West, 1.52 feet to a point on the
southerly line of said Parcel A;
Thence along the southerly lines of said Parcel A and B the following six (6) courses;
1. South 89°03'20" East, 231.03 feet;
2. Along a curve to the left, having a radius of 335.00 feet through a central angle of
13°34'21" for an arc distance of 79.36 feet;
Along a reverse curve to the right, having a radius of 365.00 feet through a central
angle of 17°45'28" an arc distance of 113.13 feet;
F:\PROJECTS\A00088\LEGAL DESCRIPTION AFTER NEW.doc
July 10, 2003
Project No. A00088
Page 5 of 6
4. South 84°52' 13" East, 114.60 feet;
5. Along a curve to the left, having a radius of 985.00 feet, through a central angle of
06041'06" an arc distance of 114.92 feet;
6. Leaving said southerly line, North 00°53'43" East, 297.98 feet to the True Point
of Beginning.
Description prepared by Kier & Wright Civil Engineers & Surveyor's Inc.
Date
i!Vill
y R. Vigi
L.S. 6256
4 V
r �.
IF C
F:\PROJECTS\A00088\LEGAL DESCRIPTION AFTER NEW.doc
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00 '4
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?; RCEL "D
(385 47)
S 01'33'19" E
S 89'03'35" E
53.23'
DE ANZA BOULEVARD
S 00'53'20" W
1.52'
3
0
O O
no
0o
rnN ?.RCEL "C"
ao
(385 `=s 47) i
Z I - € OS 0P
S 00'53'20 W
I
EXISTING
BUILDING
ao
= v
000
M U PARCEL A
U n n 3.074f ACRES
a.. 38.9'
_7 EXISTING BUILDING
PARCEL
BEFORE
AFTER
PARCEL B
2.051±ACRES
0.915±ACRES
PARCEL A
1.938±ACRES
3.074±ACRES
w �+ I
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----- S 00'S-- W ---2— — — — — — — —
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U
EXISTING BUILDING
Z
LU
38.6'
M
CURVE
TABLE:
m
�
Q
CURVE
RADIUS
DELTA
LENGTH
vco
ADJUSTED LOT LINE �
Z
I W
C1
985.00'
6'41'06"
114.92'
r
=
C2
985.00'
1'04'59"
18.62'
C3
365.00'
17'45'28"
"
113.13'
S 00'56'43" W 297.98'
C4
335.00'
13'34'21
79.36'
a.. m
C5
1015.00'
3'34'43"
63.40'
TRUE POINT OF BEGINNING
C6
20.00'
89'59'44"
31.41'
FOR PARCEL A
00
PARCEL B
0
0.915t ACRES
POINT OF BEGINNING
FOR PARCELS A AND B
30'
30'
N 00'56'43" E 274.99'
6
TORRE AVENUE
o
CA
PLAT TO ACCOMPANY LEGAL DESCRIPTIONS DATE AUGUST, 2003
FOR: HUNTER PROPERTIES SCALE 1 "=100'
CUPERTINO CALIFORNIA DR' BY CCB
EXHIBIT "A" W KIER & WRIGHT JOB A00088-2
CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
LOT LINE ADJUSTMENT 3350 Scott Boulevard, Building 22 (408)727-6665
SER:cbeach I: dw A00088 ARCHIVE SURVEY LLA_NEW.dw AUGUST 20, 20 11:03 M Santa Clara, California 95054 FAX (408)727-5641 6 OF 6
** OLD REPUBLIC TITLE COMPANY
1900 THE ALAMEDA • SAN JOSE, CA • 95126 III* * * (408) 557-8400 Fax: (408) 249-2314
PRELIMINARY REPORT
Issued for the sole use of: Our Order No. 0616000508-JAC
HUNTER PROPERTIES INC. Reference
20725 Valley Green Dr
Cupertino, California 95014
When Replying Please Contact:
Attention: Robin Pitman
Jackye A. Chai
Property Address: 20370 Rodrigues Avenue, Cupertino, CA
In response to the above referenced application for a policy of title insurance, OLD REPUBLIC TITLE
COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or
referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies may be set forth in
Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which
issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in
Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Dated as of August 4th , 2003 , at 7:30 A.M.
OLD REPUBLIC TITLE COMPANY
For Exceptions Shown or Referred to, See Attached
Page 1 of 9 Pages
ORT 3157-A (Rev. 5/1 /001
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
The form of policy of title insurance contemplated by this report is:
a CLTA Standard Coverage (1990) Owner's Policy. A specific request should be made if
another form or additional coverage is desired.
The estate or interest in the land hereinafter described or referred to covered by this Report is:
a FEE.
Title to said estate or interest at the date hereof is vested in:
CTC FUNDING LLC, a California Limited Liability Company
Page 2 of 9 Pages
3157-A1 (Rev 1-1-95)
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
PARCEL ONE:
Parcel "A", so designated and delineated on the Parcel Map recorded December 27,
1976 in Book 385, pages 47 and 48, Santa Clara County Records.
PARCEL TWO:
Parcel "B", so designated and delineated on the Parcel Map recorded December 27,
1976 in Book 385, pages 47 and 48, Santa Clara County Records.
369-40-016
13 003
CR/Cl/dot
A371-02-*053 & 053.01
Page 3 of 9 Pages
ORT 3157-C
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0 616000508-JAC
At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as
follows:
1. Taxes and assessments, general and special, for the fiscal year 2003-2004 a
lien, but not yet due or payable.
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of
Section 75, et seq., of the Revenue and Taxation Code of the State of California.
3. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to Pacific Gas and Electric Company
For Gas main or pipeline
Recorded February llth, 1966 in Book 7278 of Official Records, Page 174
Affects The Northerly 5 feet of Parcels One and Two and as shown on the
Filed Map.
4. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to Pacific Gas and Electric Company
For Underground electrical conductors
Recorded September 7th, 1973 in Book 0555 of Official Records, Page 99
Affects Parcel Two and as shown on the Filed Map.
5. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as shown on the filed Map.
For Storm Drainage
Affects The Westerly 7.5 feet of Parcel One.
6. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as shown on the filed Map.
For Sanitary Sewer
Affects The Easterly 7.5 feet of the Westerly 15 feet of Parcel One.
Page 4 of 9 Pages
RT 3157-D
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
7. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to San Jose Water Company
For Pipelines for the transmission and distribution of water
Recorded May 21st, 1984 in Book I560 of Official Records, Page 660
Affects Parcel One.
8. An easement affecting that portion of said land and for the purposes stated
herein and incidental purposes as provided in the following instrument:
Granted to Pacific Gas and Electric Company
For Underground electrical conductors
Recorded August 1st, 1984 in Book I769 of Official Records, Page 645
Affects Parcel Two.
Page 5 of 9 Pages
ORT 3157-E
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
9. Covenant for Driveway relocation
Executed by: Town Center Associates as a condition of permit with the City of
Cupertino
On the terms, covenants and conditions contained therein.
Recorded November 14th, 1984 in Book J032 of Official Records, Page 92
(Affects Parcels One and Two).
10. Covenant for future reciprocal ingress/egress easements
Executed by: Town Center Associates as a condition of permit with the City of
Cupertino.
On the terms, covenants and conditions contained therein.
Recorded November 14th, 1984 in book J032 of Official Records, Page 97
(Affects Parcels One and Two and other property).
11. The terms and provisions of the following leases:
DATED: LESSEE:
November 1st, 1992
October 1st, 1997
July 10th, 1997
September 17th, 1999
June 1st, 1999
July 1st, 1999
November 1st, 1999
January 1st, 2000
March 1st, 1999
May 1st, 1999
Dr. Richard Kas
Dr. Martin Hikido, etal
Huang
Webpartner
Pan American Broadcasting
Dr. Ding Chin Tsai
Dr. Donna Cotner
Dr. Show Chu
Dr. Louis Prusa
Dr. Farida Alavi
NOTE: Affects only the rights of tenants, as tenants.
12. Any rights, interests or claims which may exist or arise by reason of the
facts shown on a survey plat entitled ALTA/ACSM Land Title Survey, dated August
22nd, 2001, prepared by Kier & Wright, Job No. A00088-2, as follows:
Page 6 of 9 Pages
3157-E
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
Encroachment of planters & trellises up to 20 feet Easterly of Easterly property
line.
(Affects Parcels One and Two).
13. Deed of Trust to secure an indebtedness of the amount stated below and any
other amounts payable under the terms thereof,
Amount $32,160,000.00
Trustor/Borrower CTC Funding, LLC
Trustee Old Republic Title Company
Beneficiary/Lender First Union National Bank
Dated February 28th, 2002
Recorded March 1st, 2002 in Official Records under Recorder's Serial
Number 16133498
Loan No. None Shown
Returned to Address: 250 Park Ave, New York, NY 10177.
And re -recorded May 13th, 2002 in Official Records, under Recorder's Serial Number
16261542.
In connection therewith, said trustors executed an Assignment of Rents
Recorded March 1st, 2002 in Official Records, under Recorder's Serial
Number 16133499
Returned to Address: 250 Park Ave, New York, NY 10177.
Affects this and other property.
14. A financing statement given as additional security for the payment of the
indebtedness secured by the deed of trust,
Shown as Deed of Trust recorded March 1, 2002, Series No. 16133498
Debtor CTC Funding, LLC
Secured Party First Union National Bank
Recorded March 1st, 2002 in Official Records, under Recorder's Serial
Number 16133500
Returned to
Address 250 Park Ave, New York, NY 10177.
Page 7 of 9 Pages
3157-E
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
15. NOTE: An LLC-1 (Articles of Organization) for CTC Funding LLC, a California
Limited Liability Company, was recorded March 1st, 2002 in Official Records under
Recorder's Serial Number 16133501
1. Any Certificate of Correction (LLC-11), Certificate of Amendment (LLC-2)
or Restatement of Articles of Organization (LLC-10) must be submitted to the
Company for review. Certified copies of same should be recorded.
2. A copy of any management or operating agreements and any amendments
thereto, together with a current list of all members of said LLC, must be
submitted to the Company for review.
16. Any claims of lien that may be recorded against said land by reason of an
improvement thereon or design services provided, as disclosed by Notice of
Non -Responsibility
Recorded February 13th, 2003 in Official Records under Recorder's Serial
Number 16819715.
And recorded July 17th, 2003 in Official Records, under Recorder's Serial Number
17192611.
17. Any unrecorded and subsisting leases.
-------------------- Informat.ional Notes--------------------
1. Taxes, general and Special, for the fiscal
Assessor's Parcel No. : 369-40-016
Code No. : 13 003
1st Installment $40,956.86, Marked Paid
2nd Installment $40,956.86, Marked Paid
The above installments include a property tax
Affects: Parcel One.
year 2002-2003 as follows:
exemption of NONE
2. Taxes, general and Special, for the fiscal year 2002-2003 as follows:
Assessor's Parcel No. : 369-40-017
Code No. : 13 003
1st Installment $42,304.29, Marked Paid
2nd Installment $42,304.29, Marked Paid
The above installments include a property tax exemption of NONE
Affects: Parcel Two.
Page 8 _of 9 Pages
1W
[.*A
OLD REPUBLIC TITLE COMPANY
ORDER NO. 0616000508-JAC
3. The last recorded instrument(s) conveying record title to the premises is/are:
A deed executed by Cupertino Town Center, LLC, a Delaware Limited Liability
Company to CTC Funding, LLC, a California Limited Liability Company, recorded
March 1st, 2002 in Official Records, under Recorder's Serial Number 16133497.
The last conveyance affecting said land recorded within the last two years, prior
to the date of this Report are: SEE ABOVE.
4. County recorder will charge an additional $ 10.00 "Monument User Fee" to
record a Grant Deed using the legal description in this report.
5. The mailing address of the vestee as shown in the records is: 20725 Valley
Green Dr, Cupertino, CA 95014.
6. The applicable rate(s) for the policy(s) being offered by this report or
commitment appears to be section(s) 3.1.
7. Short Term Rate ("STR") applies (but may be precluded or limited by
application of the above shown section(s) of our Schedule of Fees and Charges).
8. In addition to existing requirements pertaining to sellers who are
non-residents of California, as a result of recent changes to Section 18662 of the
Revenue and Taxation Code, in transactions closing after January 1, 2003 the buyer
may then be responsible to withhold 3 1/3% of the sales price (as defined therein)
from any seller, if this property is not the seller's principal residence. The
statute, as modified, also provides for certain exemptions to the buyer's
responsibility to withhold, which may apply.
Page 9 of 9__Pages
ORT 3157-E
Exhibit A
HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations
concerning:
a. building
b. zoning
C. land use
d. improvements on the land
e. land division
f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does
not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records,-
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for your title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
Exhibit A
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (1-17-92)
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (1-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this pollcy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character,
dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in
the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect
of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been
recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a
purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters.
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (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
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured
mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in
which the land is situated.
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
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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 also 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.
Z. 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.
I Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
a. 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.
MAY 7, 2001
OLD REPUBLIC TITLE COMPANY
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 a 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 Old
Republic Title Company.
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 affiliates 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 nonaffiliated third parties as 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 other 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.
ORT 287-C 5/07/01
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