LLA-Beckstrom Family Trust and Schulz Living Trust, 22650 & 22646 San Juan Rd, APNs: 342-18-024 & 342-18-025RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
PUBLIr- WORKS
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103' . s
DOCUMENT: 17595677
111111111111111111111111
Pages: 20
Fees.... . No Fees
Taxes...
Copies..
AMT PAID
BRENDA DAVIS RDE 4 002
SANTA CLARA COUNTY RECORDER 2/02/2004
Recorded at the request of 8:00 AM
Alliance Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOTLINE ADJUSTMENT FOR
BECKSTROM FAMILY TRUST, DATED JANUARY 10, 1992
22650 SAN JUAN ROAD, A.P.N. 342-18-024
AND
WERNER SCHULZ AND CAROLYN SCHULZ, CO -TRUSTEES OF THE FIRST RESTATEMENT
OF THE SCHULZ LIVING TRUST, CREATED APRIL 6, 1998
22646 SAN JUAN ROAD, A.P.N. 342-18-025
Original
For Fast Endorsement
LOT LINE ADJUSTMENT
Property Owner:
BECKSTROM FAMILY TRUST, DATED JANUARY 10, 1992; 22650 SAN JUAN ROAD, A.P.N.
342-18-024
AND
WERNER SCHULZ AND CAROLYN SCHULZ, CO -TRUSTEES OF THE FIRST RESTATEMENT
OF THE SCHULZ LIVING TRUST, CREATED APRIL 6, 1998; 22646 SAN JUAN ROAD, A.P.N.
342-18-025
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 A.P.N. 342-18-024 and A.P.N. 342-18-025, 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.O1O11 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 day of Alm , 2003.
RALPH A. QUALLS, JR
CITY ENGINEER
CITY OF CUPERTINO
C.E. # 22046
By: ,• .J� LG-
BESCRIPTION OF GORDON R. BECKSTROM SITE
BEFORE LOT LINE ADJUSTMENT
A.P.N 342-18-024 ��"�IENT
Portion of Sections 21-A, 22, 23, 26 and 27 and 31, as
shown upon that certain Map entitled "Map of 9tn
Addition 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 16, and more particularly described as
follows:
That portion of said Section 27 which lies
Southeasterly of a line beginning at the most Westerly
corner of Said Section 31; and running South 40' west
49.6 feet to the Northerly line of said Section 26, and
those portions of said Sections 21-A,, 22, 23, 26 and
31, which lies Northwesterly of a line beginning at a
point on the Southwesterly line of San Juan Road, as
said Road is shown upon the Map above referred to, and
distant thereon South 43°15' East 91.0 feet from the
most Northerly Corner of said Section 31; and running
thence South 37°49' West 424.8 feet to a point on the
Westerly line of said Section 21-A and distant thereon
North 110 18' West 1.2 feet from the Southwest corner
of said Section 21-A
CONTAINING approximately 1 acre.
� a°
Prepared by
Steven Arnold
Civil Engineer
CE 22301
DESCRIPTION OF GORDON R. BECKSTROM SITE
AFTER LOT LINE ADJUSTMENT
A.P.N 342-18-024�
Portion of Sections 21-A, 22, 23, 26 and 27 and 31, as
shown upon that certain Map entitled "Map of 9tn
Addition 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 16, and more particularly described as
follows:
That portion of said Section 27 which lies
Southeasterly of a line beginning at the most Westerly
corner of Said Section 31; and running South 40' 0'
west 49.6 feet to the Northerly line of said Section
26, and those portions of said Sections 21-A, 22, 23,
26 and 31, which lies Northwesterly of a line beginning
at a point on the Southwesterly line of San Juan Road,
as said Road is shown upon the Map above referred to,
and distant thereon South 43015' East 91.0 feet from
the most Northerly Corner of said Section 31; and
running thence South 37049" West 424.8 feet to a point
on the Westerly line of said Section 21-A and distant
thereon North 110 18' West 1.2 feet from the Southwest
corner of said Section 21-A
CONTAINING approximately 1 acre.
Excluding the parcel listed below:
All that real property situated in the City of
Cupertino, County of Santa Clara, State of California
more particularly described as follows:
Beginning at the most Southerly corner of that certain
0.227 acre parcel of land as shown on that Record of
Survey recorded in Book 402 of Maps at page 18, Santa
Clara County Records and the most Easterly corner of
the land of Gordon R. Beckstrom as described in the
Affidavit -Death of Trustee recorded in Document
13833595, Santa Clara County Records thence running
South 37°49' East 45 feet to a point, thence North 18'
32' West 86.16 feet to a point, thence South 50' East
71.78 feet to the point of beginning
Prepared by
Steven Arnold
Civil Engineer
CE 22301
RA-0 e, -Z o �- I
AP/J. 3ar2— 18-024
DESCRIPTION OF WERNER AND CAROLYN SCHULZ SITE
BEFORE LOT LINE ADJUSTMENT
A. P.N. 342-18-025 EXHIBITA
All that certain real property situated in the City of
CUPERTINO, County of Santa Clara, State of California,
described as follows:
PORTION OF SECTION 31, as shown upon that certain map
entitled, "'MAP OF 9TH ADDITION MONTA VISTA", which was
filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on April
11, 1917 in Book P of Maps, at Page 16 and more
particularly described as follows:
BECINNING at the point of intersection of the dividing
line of sections 30 and 31 with the Southwesterly line
of San Juan Road as said Sections and Road are shown
upon the Map above referred to; thence from said point
of beginning South 43015' East along the said
Southwesterly line of San Juan Road for a distance of
91.4 feet to the point of intersection thereof with the
Northwesterly line of Parcel 2 as said Parcel is shown
upon the certain Map entitled "Record of Survey for
Delbert A. Goodwin, et ux.," filed for record on March
24, 1964 in Book 175 of Maps, at Page 32; thence South
37°49' West along the Northwesterly line of said Parcel
2 for a distance of 110 feet, more or less, to point of
intersection thereof with the Northeasterly line of
Section 27, as shown upon the Map above referred to;
thence Northwesterly along the Northeasterly line of
said Section 27 for a distance of 90 feet, more or
less, to the Westernmost corner of said Section 31;
thence North 40000' East along the dividing line of
said Sections 30 and 31 for a distance of 115.00 feet
to the point of beginning.
3
Prepared by
Steven Arnold
Civil Engineer
CE 22301
DESCRIPTION OF WERNER AND CAROLYN SCHULZ SITE
AFTER LOT LINE ADJUSTMENT
A.P.N. 342-18-025
All that certain real property situated in the City of
CUPERTINO, County of Santa Clara, State of California,
described as follows:
PORTION OF SECTION 31, as shown upon that certain map
entitled, "MAP OF 9TH ADDITION MONTA VISTA", which was
filed for record in the Office of the Recorder of the
County of Santa Clara, State of California, on April
11, 1917 in Book P of Maps, at Page 16 and more
particularly described as follows:
BECINNING at the point of intersection of the dividing
line of sections 30 and 31 with the Southwesterly line
of San Juan Road as said Sections and Road are shown
upon the Map above referred to; thence from said point
of beginning South 43° 15' East along the said
Southwesterly line of San Juan Road for a distance of
93.45 feet to the point of intersection thereof with
the Northwesterly line of Parcel 2 as said Parcel is
shown upon the certain Map entitled "Record of Survey
for Delbert A. Goodwin, et ux.," filed for record on
March 24, 1964 in Book 175 of Maps at Page 32, Santa
Clara County Records, thence South 37049' West along
�a�e. 1 4 2
the Northwesterly line of said Parcel 2 for a distance
of 104.09 feet, more or less, to point of intersection
thereof with the Northeasterly line of Section 27, as
shown upon the Map above referred to, thence South 37°
49' West 45.00 feet to a point, thence North 18° 32'
17" West, 86.15 feet to the Southwesterly line of that
certain 0.227 acre parcel as shown on that certain
Record Of Survey, filed in Book 402 of Maps at Page 18,
Santa Clara County Records and the most Easterly corner
of that certain parcel described in Affidavit Death of
Trustee, recorded in document 13833595, Santa Clara
County Records, thence North 50°West, 25.00 feet to the
most Westerly corner of said 0.227 acre parcel of land,
thence North 400 East, 115.00 feet to the Southwesterly
line of San Juan Road and the Point of Beginning.
Prepared by
sR1
Steven Arnold 1
Civil Engineer.
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PLAT OF LOT LINE ADJUSTMESNT
BETWEEN ASSESSOR'S PARCELS
342-18-25 AND 342-18-24
LANDS OF WERNER AND CAROLYN SCHULZ
AND
GORDON BECKSTROM
PH. NO. 408 557-9005
CUPERTINO CALIFORNIA
EXH&I 6
a DOCUMENT: 13833595 Titles:1 / Pages: 3
Fees.... 13.00
Taxes...
WHEN RECORDED MAIL TO: ■00i3833595■ Cop iesAMT PAID 13.00
22650 SAN JUAN RD.
CUPERTINO, CA 95014 BRENDA DAVIS RDE # 011
SANTA CLARA COUNTY RECORDER 8/28/1997
Recorded at the request of 9 37 AM
Attorney
AFFIDAVIT - DEATH OF TRUSTEE
GORDON R. BECKSTROM, of legal age being first duly sworn, deposes
and says that: Naming themselves as trustees, on JANUARY 10, 1992,
GORDON R. BECKSTROM & NELLIE E. BECKSTROM, established a revocable
living trust titled:
BECKSTROM FAMILY TRUST, DATED JANUARY 10, 1992.
Concurrent with the establishment of the living trust GORDON R.
BECKSTROM & NELLIE E. BECKSTROM executed a notarized deed formally
& validly transferring ownership interest of the real property to
the above named living trust. SAID DEED WAS RECORDED ON THE SAME
DATE AS THIS AFFIDAVIT CONCURRENT WITH AND ONE INSTRUMENT PRIOR TO
THIS AFFIDAVIT. SAID PROPERTY IS DESCRIBED AS FOLLOWS:
CITY OF CUPERTINO, SANTA CLARA COUNTY, STATE OF CALIFORNIA
FOR THE LEGAL DESCRIPTION SEE THE ATTACHED EXHIBIT "A" WHICH IS
INCORPORATED HEREIN & MADE A PART HEREOF.
Unfortunately, due to death (verified by the attached copy of the
death certificate - THE DECEDENT BEING NELLIE E. BECKSTROM), the
duty for managing the trust now falls to GORDON R. BECKSTROM the
successor trustee - who now has rightful signature power for
transferring or encumbering all the property owned by the trust
including said real property.
SUCCESSOR TRUSTEE STATEMENT
THIS IS TO VERIFY THAT I AM THE NAMED AND RIGHTFUL SUCCESSOR
TRUSTEE OF THE ABOVE REFERENCED TRUST, AND THAT ALL THE STATEMENTS
AND EXHIBITS ARE TRUE AND CORRECT.
DATE: AUG 21 lama?
GORDON R. BECKSTROM
STATE OF CALIFORNIA )
SS.
COUNTY OF SANTA CLARA
SUBSCRIBED AND SWORN TO BEFORE ME, THE UNDERSIGNED A NOTARY PUBLIC
AUG IN AND FOR THE STATE OF CALIFORNIA ON r-sw 1997
WITNESS MY HAND AND OFFICIAL SEAL.
LANDIS MAHAFFEY
Comm. # 1145808
NOTARY PUBLIC -CALIFORNIA
Santa Clara County
MY Comm. Expires July 5, 2001
aeevc'�ys�mnv�gv,r�
L
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NOTARY UB I
Exhlail
Wit,
A 3�
PARCEL 2: Portion Of -Sections 21-A, 22, 23, 20 and 27 and re31, as= hori
upon that certain Map entitled "Map of 9th Addition Monta VistaT� 4..h on
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 16, and more particularly described --is follows:
That portion of said Section 27 which lies Southeaste ly of a line
beginning at the most desterly corner of Slid Section 31; and running
thence South 400 Of `dest-49.6 feet to the Northerly line of said Section
26, and those portions of said Sections 21-A, 221 23, 26 and 31.which.
lies Northwesterly of a line beginning at a point on the Southwester) line of San Juan Road, as said Road is shoran -upon the Map above -referred>'::
to, and distant thereon South 43015t East 91.0 feet from the most
Northerly corner of said Section 31; and running thence South 37° 491
West 424.8 feet to a Point on the `vlesterly line of said Section 21-A
and .distant thereon north 110 18' West 1.2 feet from the Southwest
corner of S-id Section 21-A
CONTAINING approximate1y 1 acre.
AllianceTitle
PRELIMINARY REPORT
ORDER NO.11203328-004- CP
Steven A. Arnold
1885 The Alameda Suite 130
San Jose, Ca. 95126
Attn.: Steven A. Arnold
Escrow Branch:
901 Campisi Way, Suite 330
Campbell, CA 95008
(408)558-7800
Fax: (408)558-0170
Escrow Officer: Crystal Piseno/tl
Ref. No:
Title Branch:
901 Campisi Way, #100
Campbell, CA 95008
(408) 559 3424
Fax: (408) 559-7408
Property Address:
22646 San Juan Road
Cupertino, CA 95014
A-PN: 342-18-025
A RB: 342-18-002.01
In response to the above referenced application for a policy of title insurance, this Company reports that it is prepared to issue, or cause to be issued,
as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from
coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the
coverage of said Policy or Policies are set forth in Exhibit A attached.
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 hereto) is issued solely for the purpose of facilitating the issuance
of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
The form of policy of title insurance contemplated by this report is:
ALTA Lender's Policy issued by First American Title Insurance Company
Dated as of September 15, 2003 at 7:30 a.m.
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:
Werner Schulz and Carolyn Schulz, Co -Trustees of the First Restatement of the Schulz Living Trust,
created April 6, 1998
The land referred to in this Report is situated in the State of California, County of Santa Clara and is described as follows:
(See "Legal Description" Schedule C attached)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown
on the following pages.
ail
Page No. 2
File No. 11203328-004- CP
PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003-
2004, a lien, shown as follows:
1st Installment $2,702.52 Open
2nd Installment $2,702.52 Open
Assessor's Parcel No. 342-18-025 Code Area 13-010
Land $228,879.00 IMP $221,728.00 PP NONE Exempt NONE
2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5,
(commencing with Section 75) to the Revenue and Taxation Code of the State of California.
3. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of. Gordon R. Beckstrom and Nellie E. Beckstrom, husband and wife
For: ingress and egress
Recorded: May 6, 1977 in Book C 802, Page 71, Official Records
Affects: Northwesterly 25 feet of said land
4. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of City of Cupertino
For: Roadway purposes
Recorded: July 27, 1977 in Book D 028, Page 277, Official Records
Affects: Northeasterly 5 feet of said land
An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: The City of Cupertino, a municipal corporation
For: use for public utilities
Recorded: July 27, 1977 in Book D 028, Page 285, Official Records
Affects: Southwesterly 5 feet of the Northeasterly 10 feet of said land
6. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of: City of Cupertino, a municipal corporation
For: Slope easement
Recorded: July 27, 1977 in Book D 028, Page 293, Official Records
Affects: Southwesterly 5 feet of the Northeasterly 10 feet of said land
7. An easement affecting the portion of said land and for the purpose stated herein and incidental
purposes,
In Favor Of. City of Cupertino, a municipal corporation
For: Sanitary Sewer Purposes
Recorded: July 27, 1977 in Book D 028, Page 301, Official Records
Affects: Southwesterly 5 feet of the Northeasterly 10 feet of said land
hill
�111___
�Q*010161) fllpr"'V�-
Page No. 3
File No. 11203328-004- CP
8. Matters in an instrument which among other things, provides for the reciprocal exchange of rights
and easements, limitations, covenants, and/or conditions,
Executed by: Barre Barnes
For: Reciprocal Easement Agreement
Recorded: August 6, 1982 in Book G 947, Page 397, Official Records.
9. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements,
if any.
NOTES:
a. Date last insured: 10-29-93
b. This report does not reflect requests for notice of default, requests for notice of delinquency,
subsequent transfers of easements, and similar matters not germane to the issuance of the policy of
title insurance anticipated hereunder.
c. If this company is requested to disburse funds in connection with this transaction, Chapter 598 of
1989 Mandates of the California Insurance Code requires hold periods for checks deposited to
escrow or sub -escrow accounts. Such periods vary depending upon the type of check and
anticipated methods of deposit should be discussed with the escrow officer.
d. No endorsement issued in connection with the policy and relating to covenants, conditions or
restrictions provides coverage for environmental protection.
e. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire
lot on a recorded final map.
f. According to the public records, no Deeds conveying the property described in this report have
been recorded within a period of two (2) years prior to the date of this report, except as shown
herein --
NONE
g. If the liability of this transaction is to exceed $500,000, or if the documents are to be executed by a
trustee other than the trustee shown of record, a copy of the trust agreement and any amendments
thereto will be required for examination by the title department.
Page No. 4
File No. 11203328-004- CP
SCHEDULE C
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
PORTION OF SECTION 31, as shown upon that certain Map entitled, "MAP OF 9TH ADDITION
MONTA VISTA", which was filed for record in the Office of the Recorder of the County of Santa
Clara, State of California, on April 11, 1917 in Book P of Maps, at Page 16, and more particularly
described as follows:
BEGINNING at the point of intersection of the dividing line of Sections 30 and 31 with the
Southwesterly line of San Juan Road as said Sections and Road are shown upon the Map above referred
to; thence from said point of beginning South 43' 15' East along the said Southwesterly line of San Juan
Road for a distance of 91.40 feet to the point of intersection thereof with the Northwesterly line of
Parcel 2 as said parcel is shown upon that certain Map entitled "Record of Survey for Delbert A.
Goodwin, et ux.," filed for record on March 24, 1964 in Book 175 of Maps, at Page 32; thence South 37'
49' West along the Northwesterly line of said Parcel 2 for a distance of 110 feet, more or less, to point of
intersection thereof with the Northeasterly line of Section 27, as shown upon the Map above referred to;
thence Northwesterly along the Northeasterly line of said Section 27 for a distance of 90 feet, more or
less, to the Westernmost corner of said Section, 31; thence North 40' 00' East along the dividing Line of
said Sections 30 and 31 for a distance of 115.00 feet to the point of beginning.
EXCEPTING THEREFROM the underground water or rights thereto, with no right of surface entry, as
granted to City of Cupertino by instrument recorded July 27, 1977 in Book D 28, page 309, Official
Records.
ARB No: 342-18-002.01
APN No: 342-18-025
Alliance title
Notice
In accordance with Section 1805 & 26131 of the Revenue & Taxation Code, a buyer may be required to withhold an amount equal to three & one-
third percent of the sales price in the case of the disposition of California real property interest by either:
I) A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the
proceeds be sent to a financial intermediary of the seller.
Or
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 lesser of 10 percent of the amount required to be withheld or
five hundred dollars ($500.00).
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:
I ) The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000.00).
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 & waivers from
withholding on a case -by -case basis.
The parties to this transaction should seek an attomey's, accountant's, or other tax specialist's opinion concerning the effect of this law on this
transaction & should not act on any statements made or omitted by the escrow or closing officer.
Please call your Escrow Officer if your answer is
"Yes" to any of the following questions
♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the
property?
♦ Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased?
♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this
transaction?
♦ Has there been a recent change of marital status of any of the principals involved in this transaction?
♦ Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company?
♦ Do the sellers of the property reside outside the state of California?
♦ WiIl the property described herein be part of a Tax Deferred Exchange?
In order to better serve you, We ask that you remember:
♦ All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment.
♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required, so we may order payoff demands in a timely manner, &
advise your Escrow Officer of any loan(s) that are to be assumed by the buyer.
♦ If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & 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 the parties acquiring title to indicate how they would like to be vested. Alliance
Title has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from your
Escrow Officer). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain
advise from an Attorney, CPA, or other professional knowledgeable in this area.
Privacy Policy for Customers
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been
authorized by the customer, or are required by law.
EXHIBIT "A"
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
Note: This Exhibit reflects the matters which are excluded and excepted from coverage in the 1990 CLTA Standard Coverage Policy and the
1992 ALTA Extended Coverage Loan Policy with ALTA endorsement - Form 1 Coverage. If the issuance of any other type of policy is
anticipated, the escrow officer should be contacted to determine the applicable exclusions and exceptions.
1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
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
locations 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 had 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.
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 liens for services, labor or materials, or to the extent insurance is afforded herein as to assessments for street
improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is
situated.
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 or priority of any statutory lien for services, labor or materials over the lien
of the insured mortgage) arising from the 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) subordination of the interest of the insured mortgagee as the 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 accept 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 purchaser for value or a judgment or lien creditor.
EXHIBIT "A" - continued
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
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
locations of any improvement now or hereafter erected on the land; (ii) 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 had been recorded in the public records at date of policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of
policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy, but not excluding
from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at date of policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to date of policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the
estate of interest insured by this policy.
4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of
any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth -in -lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating
the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by the public records.
5. (a) Unpatented mining claims;
(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof,
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
EXHIB11
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