LLA-Roger & Jing-Ling Low and Sherman Tuan & Yun Zheng, and Sheng Hwa & Wei Tai-Fen Ho, 22291 & 22311 Janice Ave, APNs 357-01-017 and 357-01-018�,� 032'1
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
Illlllulllll Nql I IV 03/07103
16868878
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT, ROGER LOW AND JING-LING LOW, HUSBAND
AND WIFE, AS JOINT TENANTS AS TO AN UNDIVIDED 1/3 INTEREST, AND
SHERMAN TUAN AND YUN ZHENG, HUSBAND AND WIFE, AS JOINT
TENANTS AS TO AN UNDIVIDED 1/3 INTEREST, AND SHENG HWA HO AND
WEI TAI-FEN HO, HUSBAND AND WIFE, AS JOINT TENANTS AS TO AN
UNDIVIDED 1/3 INTEREST, AS TENANTS IN COMMON (PARCELS 1, 2 AND 3)
22291 AND 22311 JANICE AVENUE, APNS 357-01-017 AND 357-01-018
1-11 r Original
For Fast Endorsement
-52 t3q5
LOT LINE ADJUSTMENT
Property Owner: Roger Low and Jing-Ling Low, husband and wife, as joint tenants as to an
undivided 113 interest, and Sherman Tuan and Yun Zheng, husband and
wife, as joint tenants as to an undivided 113 interest, and Sheng Hwa Ho
and Wei Tai-Fen Ho, husband and wife, as joint tenants as to an undivided
113 interest, as tenants in common (Parcels 1, 2 and 3), 22291 and 22311
Janice Avenue, APNs 357-01-017 and 357-01-018
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 and 3, as designated on the attached
plat and descriptions marked Exhibits "A" and "B", and attached hereto, has been submitted by the
record owners of the above properties (as shown in Exhibit "C", 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 5`h day of February, , 2003.
RALPH A. QUALLS, JR.
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
�4L¢u u Uri
EXHIBIT A
EXISTING PARCEL ONE
The Westerly 80 ft, front and rear measurments of lots 57 and 67,
as shown on that certain Map entitled, "Map of Inspiration Point,
Monta Vista", which Map was filed for record in the Office of the
Recorder of the County of Santa Clara, State of California on
April 17, 1917 in Book "P" of Maps, at Page(s) 18.
.' Wo. Ct3318
'P: 3-3�
. ' OF Cm:
EXHIBIT A
EXISTING PARCEL TWO
All of Lot 66, as shown on that certain Map entitled, "Map of
Inspiration Point-Monta Vista", which Map was filed for record in
the Office of the Recorder of the County of Santa Clara, State of
California on April 11, 1917 in Book "P" of Maps at Page(s) 18.
<y
. C13318
O L XI
EXHIBIT A
EXISTING PARCEL THREE
All of Lot 58, as shown on that certain Map entitled, "Map of
Inspiration Point - Monta Vista", which Map was filed for record
in the Office of the Recorder of the County of Santa Clara, State
of California, on April 11, 1917 in Book "P" of Maps, at Page(s)
18.
OF
PROPOSED PARCEL 1
EXHIBIT "A" -DESCRIPTION
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the easterly
60 feet of the westerly 80 feet of Lots 57 and 67 of "Map of
Inspiration Point, Monta Vista", filed on April 17, 1917 in Book
"P" of Maps at Page 18, Santa Clara County Records, described as
follows:
Beginning at a point on the northerly line of Janice Avenue,
distant thereon N89°51'47"E 20.00 feet from the southwest corner
of said Lot 67;
Thence parallel wth the westerly line of Lots 57 and 67,
N0016'40"E 200.24 feet to the northerly line of Lot 57;
Thence along said line N89°51'47"E 60.10 feet;
Thence parallel with the centerline of Carmen Road, SO°16'17'W
200.24 feet to the northerly line of Janice Avenue;
Thence along said line S89°51'47"W 60.12 feet to the point of
beginning.
Containing 12,035.9 square feet or 0.2758 an acre, more or less.
Refer to EXHIBIT "B",Plat, which is hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-17 (portion)
c3 �
"' 440. C1331a
Exa: 3-31- ms
OF CV-
PROPOSED PARCEL 2
EXHIBIT "A"- DESCRIPTION
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the easterly 40
feet of Lots 58 and 66 and the westerly 20 feet of Lots 57 and 67
of "Map of Inspiration Heights, Monta Vista", filed on April 17,
1917 in Book "P" of Maps at Page 18, Santa Clara County Records,
described as follows:
Beginning at a point on the northerly line of Janice Avenue,
distance thereon N89051'47"E 20.00 feet from the southwest corner
of Lot 67;
Thence parallel with the westerly line of Lots 58 and 66,
N0016140"E 200.24 feet to the northerly line of said Lot 57;
Thence along said line and the northerly line of Lot 57 and 58,
S89051'47"W 60.00 feet;
Thence parallel with said westerly of Lots 57 and 67, S0016'40"W
200.24 feet to the northerly line of Janice Avenue;
Thence along said line, N89051'47"E 60.00 feet to the point of
beginning.
Containing 12,014.1 square feet or 0.2758 of an acre, more or
less.
Refer to EXHIBIT "B", Plat, which is hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-17 (portion)
357-10-18 (portion)
PROPOSED PARCEL 3
EXHIBIT "A" -DESCRIPTION
All that certain real property situated in the City of Cupertino,
County of Santa Clara, State of California, being the westerly 60
feet of Lots 58 and 66 of "Map of Inspiration Point, Monta
Vista", filed on April 17, 1917 in Book "P" of Maps at Page 18,
Santa Clara County Records, described as follows:
Beginning at the southwesterly corner of said Lot 66 on the
northerly line of Janice Avenue;
Thence along the westerly line of said Lots 58 and 66, NO°16'40'E
200.24 feet to the northwest corner of said lot 58;
Thence along the northerly line thereof, N89°51'47"E 60.00 feet;
Thence parallel with said westerly line of Lots 58 and 66,
S0016'40"W 200.24 ft to the northerly line of Janice Avenue;
Thence along said line, S89051'47"W 60.00 feet to the point of
beginning.
Containing 12,014.1 square feet of 0.2758 of an acre, more or
less.
Refer to EXHIBIT "B", Plat, which is hereby made a part of this
description.
Date: Oct. 21, 2002
APN: 357-01-18 (portion)
18
x' ,ExP 3"3
OF G '�E
-o-
— EjiSt • lot Line
-- pro ro5e-J Lof
5'1' Exi 5t. l o t iJur ber
E,Y,13t bui(di►'\�
F1 -ta be r(-Ornovled
'p4B 10CL. 1
W ��. C1331a�
y ;k ExP: `�-31-0
►��0' 511A7" E
6! -00 60-030 il
�I
0
Ni
y�l
Pc 1. 3
o
N
N
i
I�
W
o
�
V
1-20
E m's t. Pc L. 2
r 6Q,O9 -y,._ �, O. 00 --�
a N80'51'47"F
JA N I C E. A !SF,
ro
c ,
Q!
PTN
ri
o
_
LLl
111
v
Q .
�
°o
<
x
V
7n
PTN
2� 4-
E Y,4. H 1 (3 1 T ", L3"
PLAT OF LOT LIRE ADTUSTMENT
LOT5 58 266 & pwrtoN5 OF LOTS s7&G7
OP MAP OF IN5PIRATiaN NEIG14T5
\P' MAP5 PAaE la
5AM TA CL A RA C O U N T �' R GCO R D 5
CITY OF CUPERTIMO, CALIF'OR91A
SCALE: I''= 40' Or-T2l 200z
EXHIBIT C
0 Fidelity National. Title Company
10300 South DeAnza Blvd., #A • Cupertino, CA 95014-3010
(408) 996-7177 • FAX (408) 252-8029
PRELIMINARY REPORT
ESCROW OFFICER: Lori/Ifredericks@fnf.com ORDER NO.: 4011229
TITLE OFFICER: Amy Rubino
LOAN NO.:
TO: CUPERTINO CONSTRUCTION
10079 SAICH WAY
CUPERTINO, CA 95014
ATTN: TERESA WANG
SHORT TERM RATE: yes
PROPERTY ADDRESS: 22291 JANICE AVENUE, Cupertino, California
EFFECTIVE DATE: September 10, 2002, 07:30 A.M.
The form of Policy or Policies of title insurance contemplated by this report is:
1
2
3
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:
SEE EXHIBIT "TWO" ATTACHED HERETO AND MADE A PART HEREOF
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF
CUPERTINO, IN THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND
IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF
CC\CC 09/20/2002
1
Order No. 4011229
EXHIBIT "TWO"
Roger Low and Jing-Ling Low, husband and wife, as joint tenants as to an
undivided 1 /3 interest, and Sherman Tuan and Yun Zheng, husband and wife, as
joint tenants as to an undivided 1 /3 interest, and Sheng Hwa Ho and Wei Tai-Fen
Ho, husband and wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
2
Order No. 4011229
EXHIBIT "ONE"
Parcel One:
The Westerly 80 feet, front and rear measurements of lots 57 and 67, as shown on that
certain Map entitled, "Map of Inspiration Point, Monta Vista", which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of California on
April 17, 1917 in Book "P" of Maps, at Page(s) 18.
Parcel Two:
All of Lot 66, as shown on that certain Map entitled, "Map of Inspiration Point-Monta
vista", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California on April 11, 1917 in Book "P" of Maps, at Page(s) 18.
Parcel Three:
All of Lot 58, as shown on that certain Map entitled, "Map of Inspiration Point - Monta
Vista", which Map was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on April 11, 1917 in Book "P" of Maps, at Page(s) 18.
Assessor's Parcel No: 357-01-017 and 018
3
Order No. 401 1229
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN
ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM
WOULD BE AS FOLLOWS:
2.
3.
El
Property taxes, including any personal property taxes and any assessments collected
with taxes, for the fiscal year 2002-2003, Assessor's Parcel Number 357-01-017.
Code Area Number:
13 107
1 st Installment:
$210.81 open
2nd Installment:
$210.81 open
Land:
$31,892.00
Improvements:
$0.00
Exemption:
$
Personal Property:
$
Said matter affects Parcel One
Property taxes, including any personal property taxes and any assessments collected
with taxes, for the fiscal year 2002-2003, Assessor's Parcel Number 357-01-018.
Code Area Number: 13 107
1 st Installment: $445.62 open
2nd Installment: $445.62 open
Land: $63,794.00
Improvements: $3,494.00
Exemption: $
Personal Property: $
Said matter affects Parcels Two and Three
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.
A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby
Amount:
$910,000.00
Dated:
August 13, 2002
Trustor:
Roger Low and Jing-Ling Low, husband and wife, as joint tenants
as to an undivided 1 /3 interest, and Sherman Tuan and Yun
Zheng, husband and wife, as joint tenants as to an undivided 1 /3
interest, and Sheng Hwa Ho and Wei Tai-Fen Ho, husband and
wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
Trustee:
Greater Bay Bancorp
Beneficiary:
Cupertino National Bank and Trust
Loan No.:
301099537
Recorded:
August 22, 2002, Instrument No. 16433564, of Official Records
END OF ITEMS
In
ITEMS: (Continued) Order No. 4011229
Note 1. The only deeds affecting said land, which recorded within twenty-four (24) months of
the date of this report, as are follows:
Grantor: Joanne Holman Stine, Administrator of the Estate of Cristoforo
Ennio Migliori also known as Cristoforo Migliori, Probate Case
Number 109265
Grantee: Roger Low and Jing-Ling Low, husband and wife, as joint tenants
as to an undivided 1 /3 interest, and Sherman Tuan and Yun
Zheng, husband and wife, as joint tenants as to an undivided 1 /3
interest, and Sheng Hwa Ho and Wei Tai-Fen Ho, husband and
wife, as joint tenants as to an undivided 1 /3 interest, as tenants in
common
Recorded: August 22, 2002, Instrument No. 16433563, of Official Records
Note 2. The County of Santa Clara imposes a Monument Preservation fee of $10.00 for the
recording of any Deed with a legal description other than an entire lot as shown on
recorded final map.
Note 3. Your application for title insurance was placed by reference to a street address only.
Based on our records, we believe that the description in this report covers the parcel
that you requested.
To prevent errors and to be certain that the proper parcel of land will appear on the
documents and on the policy of title insurance, we require written approval of the
legal description in this report be sent to this Company, signed by the parties to the
transaction.
Note 4. NOTE: The ALTA Homeowner's Policy of Title Insurance (10-17-98) contains specific
deductible amounts and specific liability maximums for Covered Risk numbers 14, 15,
16 and 18 of said policy that have been filed and approved by the various Departments
of Insurance where the forms have been filed. Please consult with your escrow or title
officer if you questions regarding the policy.
Note 5. Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets
the fee for the processing and recordation of the reconveyance of each Deed of Trust
being paid off through this transaction at $45.00. The reconveyance must be clearly
set forth in the Beneficiary's Payoff Demand Statement ("Demand"). In addition, an
assignment or authorized release of that fee, from the Beneficiary to the Trustee of
record, must be included.
Note 6. Section 12413.1, California Insurance Code became effective January 1, 1990. This
legislation deals with the disbursement of funds deposited with any title entity acting in
an escrow or subescrow capacity. The law requires that all funds be deposited and
collected by the title entity's escrow and/or subescrow account prior to disbursement
of any funds. Some methods of funding may subject funds to a holding period which
must expire before any funds may be disbursed. In order to avoid any such delays, all
fundings should be done through wire transfer, certified check or checks drawn on
California financial institutions.
Note 7. The charge where an order is cancelled after the issuance of the report of title, will be
that amount which in the opinion of the Company is proper compensation for the
services rendered or the purpose for which the report is used, but in no event shall said
charge be less than the minimum amount required under Section 12404.1 of the
Insurance Code of the State of California. If the report cannot be cancelled "no fee"
pursuant to the provisions of said Insurance Code, then the minimum cancellation fee
shall be that permitted by law.
ITEMS: (Continued) Order No. 4011229
Note 8. California Revenue and Taxation Code Section 18668, effective January 1, 1991,
requires that the buyer in all sales of California Real Estate, wherein the Seller shows
an out of State Address, withhold 3-1 /3% of the total sales price as California State
Income Tax, subject to the various provisions of the law as therein contained.
t-J
EXHIBIT A
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and 3.Title Risks:
expenses resulting from: • that are created, allowed, or agreed to by you
1. Governmental police power, and the existence or violation of any law or government regulation. This • that are known to you, but not to us, on the Policy Date -unless they appeared in the publ
includes building and zoning ordinances and also laws and regulations concerning: records
• land use • that result in no loss to you
• improvements on the land • that first affect your title after the Policy Date - this does not limit the labor and material lit
• land division coverage in Item 8 of Covered Title Risks
• environmental protection 4. Failure to pay value for your title.
This exclusion does not apply to violations or the enforcement of these matters which appear in the 5. Lack of a right:
public records at policy date. • to any land outside the area specifically described and referred to in Item 3 of Schedule A
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. or
2. The right to take the land by condemning it, unless: • in streets, alleys, or waterways that touch your land
• a notice of exercising the right appears in the public records on the Policy Date This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
• the taking happened prior to the Policy Date and is binding on you if you bought the land without
knowledge of the taking
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses 3. Any facts about the land wNch a correct survey would disclose and which are not shown by the publ
resulting from: records. This does not limit the forced removal coverage in item 12 of Covered Title Risks.
1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the publ
2. Any easements or liens not shown by the public records. The does not limit the lien coverage in Item records.
8 of Covered Title Risks.
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 wise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, w regulations) restricting, regulating, prohibiting w relating (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now m hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or was of the land w
any parcel of winch the land is or was a part; or (iv) environmental protection, w 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 cr 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 cr 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, w other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed
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 It
insured claimant and not disclosed in writing to the Company by the insured claimant prim to the da
the insured claimant became an insured under this policy;
(c) resulting in rho lose or damage to the insured claimant;
(d) sttachng or created subsequent to Date of Policy; or
(a) resulting in lose or damage which would not have been sustained if the insured claimant had pa
value for the insured mortgage or for the estate or interest insured by this policy.
Unenfwceability of the lien of the insured mortgage because of the inability or failure of the insured
Date of Policy, m the inability or failure of any subsequent owner of the indebtedness, to comply wig
the applicable doing business laves of the state in which the land is situated.
Invalidity w unenforceability of the lien of the insured mortgage, or claim thereof, which arises out
the transaction evidenced by the insured mortgage and is based upon usury m any consumer crec
protection or truth in lending law.
Any claim, winch arises cut of the transaction vesting in the insured the estate of interest insured t
this policy or the transaction creating the interest of the insured lender, by reason of the operation
federal bankruptcy, state insolvency or similar creditors' rights laws.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
TNs policy does not insure against loss or damage (arid the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
PART 1
1. Taxes or assessments which we not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or claims thereof, which we not shown by the public records.
levies taxes or assessments on red property m by the public records. Proceedings by a pudic agency 4. Discrepancies, conflicts in boundary lines, shortage in was, encroachments, or any other facts whit
which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which we not shown by the public records.
the records of such agency m by the public records. 5. (a) Unpatented miring claims; (b) reservations w exceptions in patents or in Acts authorizing tt
2. Any facts, rights, interests or claims which we riot shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether w not the matters excepted and
ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (a), (b), or (c) are shown by the public records.
EXHIBIT A
(CONTINUED)
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not
pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning lays,
ordinances, or regulations) restricting, regulating, prohibiting or relating to Ill 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 of 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 Data 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 prim to Date of Policy
which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, m 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 prim to the date
the insured claimant became an insured under this policy;
(c) resulting in no lose 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 a material or to
the extent insurance is afforded herein as to assessments for street improvements under construction
or completed at Date of Policy); or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid
value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured a
Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply Witt
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 o
the transaction evidenced by the insured mortgage and is based upon usury m any consumer crecii,
protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien fo
services, labor a materials over the lien of the insured mortgage) arising from an improvement or worl
related to the land which is contracted for and commenced subsequent to Data of Policy and is no
financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage whict
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 thvt
policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' right,
laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyanct
or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of th,
doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfe
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 judgement or lien creditor.
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 we 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 a governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to W the occupancy, use, m
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 was of the land or
any parcel of which the land is or was a part; or liv) environmental protection, or the effect of any
vitiation 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 a a notice of a defect, lien or encumbrance resulting from a violation m 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 prim 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 th,
insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dam
the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attach mg 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 pair
value for the estate or interest insured by this policy.
Any claim, which arises out of the transaction vesting in the insured the estate or interest insured b,
this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors
rights law., that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulen
conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a meforentia
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 judgement or lien creditor.
The above ALTA 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 lose 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 3. Easements, liens or encumbrances, or claims thereof, which we not shown by the public records.
levies taxes or assessments on real Property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in was, encroachments, or any other facts whvcl
which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which we not shown by the public records.
the records of such agency or by the public records. 5. (a) Unpatented miring claims; (b) reservations or exceptions in patents a in Acts authorizing thv
2. Any facts, rights, interests a claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted undo
ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or (c) are shown by the public records.
EXHIBIT A
(CONTINUED)
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 loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This
includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on Land
e. Land division
I.
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. 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 we 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 Record
at the Policy Date;
G. 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 Ris
7, 84 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.
RESIDENTIAL TITLE INSURANCE POLICY
ONE -TO -FOUR FAMILY RESIDENCE
ENHANCED VERSION (1997)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you ore not insured against lose, costa, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This
includes building and zoning ordinances and also laws and regulations concerting:
a. land use;
b. improvements on the land;
C. land divisions; or
d. 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 coverage described in Item 12c and'd, 13 and 18 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
a. a notice of exercising the right appears in the public records on the Policy Date; m
b. 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:
9. that are created, allowed, or agreed to by you;
b. that we known to you, but not to us, on the Policy Date - unless they -appeared in the public
records;
C. that result in no loss to you; or
d. that first affect your title after the Policy Date - this does not limit the coverage described in Item
3b, 8, 17 and 19 of Covered Title Risks. _
4. Failure to pay value for your title.
5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 c
Schedule A or (bl in streets, alleys, or waterways that touch your land.
This exclusion does not limit the coverage described in Items 5 and 12e of the Covered Title Risks.
Fidelity National Financial Group of Companies' Privacy Statement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to
time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates, or others;
• From our internet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those entities, or
from our affiliates or others; and
• From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access
or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with
providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We also may disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third -party contractors or service providers who provide services or perform marketing or other functions on
our behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you
may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law
to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising
out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such
documents may contain your Personal Information.
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable
fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Fidelity National Financial, Inc.
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We
apologize for any inconvenience this may cause you.
wo
a�
N
-- --� --S.—FOOTHILL-------- —BLVD.
-
_ _09W64£Wd'-'
Z o ;O/6i 79. 95 m,Jz
r 00 oa I0 I[0.12 ;J �Oc. 12 n Is. a9
z
170 zQ __101—_ iaa �l-y5.(100�.. r4).r2 1p0 �n
O< Q ti G'j.G3 -\ r I( a .o N to
r•_ c N T� v m —I
C
W \ o O o w <
< — 101— _ \ a - i y I I A9Ja ` 0 Z
> rn 9g 4rur rr� �=' b4.96 70 I 70 hl Its 10 so
N o ••• � Z0414 2?4ri 1z4 4 Zy444 \ I2nA1
RAMONA CT. W to a j
(04.69 ax .15 70 70 Zi.
_
m
O `+yv Iq a a 01 b m b Ie w " D
o Iot o W a to I v o �m
193_6a• O I I w I N U' _ usos
�,•q -- -- _rozzo__ i Z ° ° s.2z -- ---- 1. m
D 74 7
78— 70 —i r �4.27 m
y04 4 H � N 1 � wm ice,
ti
-
t07.25 �� e I I" IG 13 It>t IN = noon
M OW d m z iw a
4576 15.53 5448 ?0.52 49.g7 i
.091. j7.�/ 54z19
36.2r $tII
+ IV
JANICE
et. 941z .
C W (y a INa Ipt 6j'4 1?!79 t
ule9 AV,
a I;,Tw tp vpV 4L4 69EyE t 1907 50.97 a4.o346.Sa au., 'ZI 09 ZN/9
A 122.950 U4 0\50 I I I? ? 63 620f
75. 56 r
4?.40� 70 _ 1 70_ � 70.25 — 1f1�7 56.63 j .?2ln_2
16.77 57.89 I 70 35.J5B,4S
PgCO-VISTA=
Jw
-
,w,r
i
5.50 82 I 70 I 70 74.39 by) �Cy
QIO/e9 ION9 l0/69 -0I99 E y �V
Z -4 CASS s. PLACE "N
AmZ IOIoe /0/9e /o/ae /ooa ro/ea v0 �e
O 52.43 70 70 70 70 tly
O r u I I I Ir ?i37D ��
1 _
0 Ib Im lO im I:°° I� to Iw I- I`"°` 4n Iq I
m I Im i4
y N O
m of I.
O 7r.799 1 I I y?g. Vt941 7816 I IN
Iao.ri
-
� ni O Z
a 3 m a a 60.90 N I.
1�t138!
O p\ I N o m I%- jI o
O ( II I I
O m ty D IV1 N l a am I I Syoa
71
d � r � < 200.24 L C `� •
m Hr�l a rn
A _
O~ 'E -r f 'arle
a,� Gi I m U O •la N VI ? 4 i` pT( �n 1_ Z
^1 m Ol u < V o�lOr Ibo
/a/n rors/ 8912 57 I 7324 9o.27
� m-u � roar
—CARMEN--- -- — 1 -- RD.--- b
O I
a
--- — T aF-ed TOOLSENV