LLA-The O'Brien Group-Oak Valley, Rd-APNs: 342-57-1 & 342-57-3R:ECGRDING 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: 15109777
1111111 !1111111111111111
L/->C� "-05
Titles:l / Pages 24
Fees....+ No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS RDE # 009
SANTA CLARA COUNTY RECORDER 1/04/2000
Recorded at the request of 8 00 AM
First American Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT
FILBUC WORKS
THE O'BRIEN GROUP, A CALIFORNIA CORPORATION
LOT #1, APN 342-57-1
LOT #3, APN 342-57-3
Original
L] For Fast Endorsement
of
Cupertino
LOT LINE ADJUSTMENT
PROPERTY OWNERS: The O'Brien Group, A California Corporation
(Lots 1 and 3) APN 342-57-1 and APN 342-57-3
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 APNs 342-57-1 and 342-57-3, 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".
4
Approved this day of 1999.
1999
Printed on Recycled Paper
Brian Kangas Faulk
Engineers *Surveyors *Planners
May 24, 1999
BKF Job No. 960069-20
DESCRIPTION OF
LOT 1
EXHILBU A
All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being all of Lot 1, as said lot is shown on that certain map entitled "TRACT 9077 OAK VALLEY
— UNIT 4", filed for record on July 9, 1998 in Book 705 of Maps at pages 39 through 43, inclusive,
in the Office of the Recorder of Santa Clara County.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit `B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
Aj€ f D
BPADLE`l A. BII.88
Bra ey A. Bilb , 418 3,131/02
Expires: 3/31/2002 (PNo. 6141 .� $
C"F CM -
Dated: Ytw 04
KwArmi 996\960069\L ALS\01 t4-01.d.
Exhibit "A"
Page 1 of 1
540 Price Avenue 9 Redwood City, CA 94063 • (650) 482-6300 • FAX $50) 482-6399
Mmm Kangas Foulk
Engineers • Surveyors • Planners
October 15, 1999
BKF Job No. 960069-20
DESCRIPTION OF
LOT LINE ADJUSTMENT
LOT 1
All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being all of Lot 1, as said lot is shown on that certain map entitled "TRACT 9077 OAK VALLEY
— UNIT 4", filed for record on July 9, 1998 in Book 705 of Maps at pages 39 through 43, inclusive,
in the Office of the Recorder of Santa Clara County.
EXCEPTING THEREFROM:
BEGINNING at the most northerly corner of Lot 3 of said map; thence along the easterly line of Lot
3, South 12°49'34" East, a distance of 95.30 feet to the TRUE POINT OF BEGINNING; thence
leaving said easterly line South 22°45'46" East, a distance of 8.69 feet; thence South 12°49'34" East,
a distance of 79.44 feet to the southerly line of said Lot 1; thence along the southerly line of said Lot
1 South 8I' l F40" West, a distance of 1.50 feet to the easterly line of said Lot 3; thence along said
easterly line North 12°49'34" West, a distance of 87.90 feet to the TRUE POINT OF BEGINNING
and containing an area of 126 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit `B".
This description was prepared by me or under my direction in conformance with the requirements of
the Land Surveyor's Act.
Bradley A. Bilbo, .L.S. 6141
Expires: 3/31/2002
Dated: L5 I cy
K:\MAIN\1996\960069\LEGALS\Newlot4-01.do c
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,VADLEt' A. BILK)
t:XP 3/3.1102.
ON � .641
Exhibit "A"
Page 1 of 1
540 Price Avenue • Redwood City, CA 94053 • (650) 482-6300 • FAX (650) 482-6399
HiMan Kangas Faulk
Engineers . Surveyors . Planners
May 24, 1999
BKF Job No. 960069-20
DESCRIPTION OF
LOT 3
s
1: ,
All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being all of Lot 3, as said lot is shown on that certain map entitled "TRACT 9077 OAK VALLEY
— UNIT 4", filed for record on July 9, 1998 in Book 705 of Maps at pages 39 through 43, inclusive,
in the Office of the Recorder of Santa Clara County.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit `B".
This description was prepared by me or under my direction in conformance with the requirements
of the Land Surveyor's Act.
$"Aley—A. Bilbo�'P7CS. 6141
Expires: 3/31/2002
Dated: ?Z
K:WAlM1996\960069\L ALS\OldI.ot4-03.doc
X�-
Z-'
Bs"�, D LEY A. B I L B 0 '0
ea\EX?. 3/131/02
No 6141
Exhibit "A"
Page 1 of 1
540 Price Avenue . Redwood City, CA 94063 9 (650) 482-6300 • FAX (650) 482-6399
Brian Kangas Foulk
Engineers • Surveyors • Planners
October 15, 1999
BKF Job No. 960069-20
DESCRIPTION OF
LOT LINE ADJUSTMENT
LOT 3
All that real property situate in the City of Cupertino, County of Santa Clara, State of California,
being all of Lot 3, as said lot is shown on that certain map entitled 'TRACT 9077 OAK VALLEY
— UNIT 4", filed for record on July 9, 1998 in Book 705 of Maps at pages 39 through 43, inclusive,
in the Office of the Recorder of Santa Clara County.
TOGETHER WITH:
BEGINNING at the most northerly corner of said Lot 3; thence along the easterly line of Lot 3 South
12°49'34" East, a distance of 95.30 feet to the TRUE POINT OF BEGINNING; thence South
22°45'46" East, a distance of 8.69 feet; thence leaving said line South 12°49'34" East, a distance of
79.44 feet to the southerly line of said Lot 1; thence along said southerly line South 8101 F40" West,
a distance of 1.50 feet to the easterly line of said Lot 3; thence along said easterly line North
12049'34" West, a distance of 87.90 feet to the TRUE POINT OF BEGINNING and containing an
area of 126 square feet, more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit `B".
This description was prepared by me or under my direction in conformance with the requirements of
the Land Surveyor's Act.
Bradley A. Bilb . 6141
Expires: 3/31/2002
Dated: I5 (W/
K:\MAIN\1996\960069\LEGALS\NewLot4-03. oc
BRA LEY A. BiLBO
Fit 3/31/02
OF
Exhibit "A"
Page 1 of 1
540 Price Avenue Redwood City, CA 94063 R (650) 482-6300 • FAX (650) 482-6399
LOT 34
" , 30 , LOT 33 20,907 SQ. FT. ,O1
13,932 SO. FT.
0
L
LEY R O A o R,�Ba 50
O A K V A2g•0° R/w' S 210p0 8�. V_
G
Z
N
'o
o �
O
C
-�I
} 14.50' 14.50'
LOT 2 Z
(705 MAPS 39-43) w
10,003 SQ. FT.
to
0
� rn
N
R/W RIGHT—OF—WAY o�
POB POINT OF BEGINNING
TPOB TRUE POINT OF BEGINNING
(R) RADIAL LINE
ORIGINAL LOT LINE
LOT LINE AFTER ADJUSTMENT
N 20025'02" W (R)
1-----
S 12049'34" E
FOB
�L=20.25'
0=02015'16"
R= 514.50'
L=55.54'
A = 06033' 17"
R = 485.50'
8.69'
S 22045'46" E
95.30'
TP08
LOT 1
(705 MAPS 39-43)
ORIGINAL AREA = 15,869 SQ. FT.
ADJUSTED AREA = 15,743 SO. FT.
ADJUSTED PORTION
-AREA = 126 SQ. FT. 1.50'
S 81011'40" W
S 12049'34" E 79.44' I
S 12-49'34" E 87.90'
LOT 3 3
a, o
(705 MAPS 39-43) �*
ORIGINAL AREA = 13,194 SQ. FT. d'
ADJUSTED AREA = 13,320 SQ. FT, ao
N 24043'02" W (R)
N 12049'34" W
knKInWfi3& 540 Price Avenue
Redwood City, CA 94063
Engineers . Surveyors • Planners 650/482-6300
650/482-6399 (FAX)
16 7.34'
0-
z
V)
Subject UNIT 4 — LOT LINE ADJUSTMENT
EXHIBIT "B"
Job No. 960069-20
By DJ Date 10 15 99Chkd. JMS
SHEET 1 OF 1
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the
Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
1737 North First Street
San Jose, CA 95112
(408) 451-7800
EX
PRELIMINARY
REPORT
IFiRsTAMERIGANI
TITLE GUARANTY COMPANY
Form No. PR-1 CON (Rev. 3/97)
Cover and Exhibit A to Preliminary Report
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which
may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the public records.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment
of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which
the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice G` the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured
claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the appliu..—
"doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection
or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal
bankruptcy, state insolvency or similar creditors' rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any
such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known
to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date
such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would
not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage
appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following.
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and wuc are nt�s own by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.
Form No. 1068.EAGLE (2/10/97)
Addendum io Exhibit A
ADDENDUM TO EXHIBIT A 11
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987
WITH EAGLE PROTECTION ADDED
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 building and zoning ordinances and also laws and regulations concerning:
• land use;
• improvements on the land;
• land division; or
• 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 Items 12c and d, 13 and 18 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; or
• 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; or
• that first affect your title after the Policy Date —this does not limit the coverage described in Items 3b, 8, 17 and 19 of Covered Title Risks.
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A; or
• in streets, alleys, or waterways that touch your land.
This exclusion does not limit the coverage described in Items 5 and 12a of Covered Title Risks.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay 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 affect-
ing the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions
14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred
prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to'the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceabiliy of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebt-
edness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
PartTwo:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
EXHIB4.1 B,
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOWING QUESTIONS:
Are your principals using a Power of Attorney?
Are any of the parties in title Incapacitated or Deceased?
Has a change in marital status occurred for any of the principals?
Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
Do the sellers of the property reside outside of California?
Is the property the subject of a Tax Deferred Exchange?
M ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement.
Please call your Escrow Officer with the loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is being assumed by buyer.
If parties are obtaining a loan, your Escrow Officer will need to have the
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
If there is to be a change of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
E)wl B-YI
t06O999pl
APPLICANT: YOUR CONTACT PERSON IS :Jim Rhoden
CALL (408) 451-7800
FAX NO. (408) 451-7851
Brian-Kangas-Foulk ESCROW ORDER NO. 753552
Attention: Curt Chappell TITLE ORDER NO. 753552
540 Price Avenue CUSTOMER REFERENCE None Shown
Redwood City, CA 94063 PROPERTY ADDRESS
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: LOT LINE ADJUSTMENT AND A SPECIFIC REQUEST SHOULD
BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, 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 form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are 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 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.
<�'-L �W'l ,
Sandra J. Wing
Vice President
Order No. 753552
Page No. 2
Dated as of May 18, 1999 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
THE O'BRIEN GROUP, a California corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1999-2000,
a lien not yet due or payable.
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. EASEMENT for the purposes stated herein and incidents thereto
Purpose The right to excavate for, install, replace (of the initial or any other
size), maintain and use for conveying gas such pipe line or lines as
it shall from time to time elect, with necessary valves and other
appliances
Granted to Pacific Gas and Electric Company, a California corporation
Recorded October 3, 1939 in Book 946, page 522, Official Records
Affects Lot 1
4. EASEMENT for the purposes stated herein and incidents thereto
Purpose The right to excavate for, install, replace (of the initial or any other
size) maintain and use for water line purposes
Granted to City of Cupertino, a municipal corporation
Recorded May 23, 1990 in Book L364, page 2128, Official Records
Affects Lots 1 and 3
EASEMENT shown on filed map, and incidents thereto
Purpose Public Utility Easement
Affects Lots 1 and 3
EASEMENT shown on filed map, and incidents thereto
Purpose Private Open Space
Affects Lots 1 and 3
6. LIMITATIONS, covenants, conditions, restrictions, reservations, exceptions, terms, liens or charges,
but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination
based on race, color, religion, sex, handicap, familial status, or national origin to the extent such
covenants, conditions or restrictions violate 42 USC 3604(c), contained in the document recorded July
9, 1998 under Series No. 14274450, Official Records.
CONTAINS mortgagee protection clause.
Order No. 753552
Page No. 3
6. (Continued)
MODIFICATION(S) thereof recorded March 25, 1999 under Series No. 14721004, Official Records.
7. AGREEMENT on the terms and conditions contained therein,
For Improvement plans and specifications
Between City of Cupertino, a municipal corporation
And The O'Brien Group, a California corporation
Recorded July 9, 1998 under Series No. 14274455, Official Records.
8. A CONSTRUCTION DEED OF TRUST to secure an indebtedness in the original principal sum shown
below and any other amounts and/or obligations secured thereby
Amount $43,900,000.00
Dated July 1, 1998
Trustor The O'Brien Group, a California corporation
Trustee Financial Title Company
Beneficiary Bank One, Arizona, N.A., a national banking association
Address 18881 Von Karman, Ste. 1500, Irvine, CA 92612-1582
Loan/Ref. No. None shown
Recorded July 9, 1998, under Series No. 14274458, Official Records.
Said matter also covers other property.
9. ANY CLAIMS OF LIEN that may be recorded against said land by reason of construction of an
improvement thereon
Disclosed by A Construction Deed of Trust
Recorded July 9, 1998 under Series No. 14274458, Official Records.
10. THE TERMS AND PROVISIONS of any unrecorded leases, including, but not limited to, any options
to purchase or rights of first refusal contained therein.
-------------------------------------------------------------------------------
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INFORMATIONAL NOTES
-------------------------------------------------------------------------------
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A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
GRANT DEED
From The Roman Catholic Bishop of San Jose, a California corporation and
John M. Sobrato, Co -Trustees of the John Michael Sobrato 1985
Separate Property Trust
To The O'Brien Group, a California corporation
Recorded July 9, 1998 under Series No. 14274100, Official Records.
(INFORMATIONAL NOTES CONTINUED NEXT PAGE)
EXHISil M
Order No. 753552
Page No. 4
INFORMATIONAL NOTES: (Continued)
B)
C)
D)
TAX NOTE
BOTH installments of taxes for the fiscal year 1998-1999 have been paid in full
1st installment
$21,263.01
2nd installment
$21,263.01
Land
$3,135,231
Improvements
$-0-
Personal Property
$-0-
Exemption
$-0-
A.P. No.
342-52-003
Code Area
13-164
Said matter affects this and other property.
SHORT TERM rate applies. Current vestees were last insured on July 9, 1998.
SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
VP. �,! 1P .
ZA1 N 1
Order No. 753552
Page No. 5
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Lots 1 and 3 of Tract No. 9077, Unit 4, which Map was filed for record in the office of the Recorder of the
County of Santa Clara, State of California on July 9, 1998, in Book 705 of Maps page(s) 39-43.
APN: 342-52-003 Portion
FIRST AMERICAN TITLE
GUARANTY COMPANY
1737 North First Street, San Jose, CA 95112
(408) 451-7800
NOTICE
FIRSTAMERICAN
TITLE GUARANTY
In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount
equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by
either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement
instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the
amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California
real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on a case -by -case basis.
The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the
effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing
officer.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE k
LO
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction
in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the
insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material
or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4
above are used and the following exceptions to coverage appear in the policy
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
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
sson 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 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.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from
an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are
used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of ;
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the land: (ii) the character dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are
�d and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
• land use • land division
• improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
d Failure to pay value.
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
Form No. 1491,EAGLE (10/98)
Addendum to Exhibit A
ADDENDUM TO EXHIBIT A FEE: ,R%1
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership
or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16
and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25);
or
(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 at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee
shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions
set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
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