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STUCCO. PAINTED WITH KELLY MOORE KM39E4-1, BEACH BUM IRON GUARD RAIL, PAINTED BLACK MARTIN ALUMINIUM PANEL WITH INSULATION DOOR t ROOF TILE BY MONIER LFETl.E STUCCO. PAINTED PATH STYLE MLLA, COLOR CASA KELLY MOORE. KM3964-1, ELDORADO STONE. SHLO - CRANDE BLEND. PRODUCT BEACH BUM LIMESTONE 01VACS6159 STUCCO. PAINTED WITH KELLY MOORE KM39E4-1, BEACH BUM IRON GUARD RAIL, PAINTED BLACK MARTIN ALUMINIUM PANEL WITH INSULATION DOOR �s County of Santa Clara $ 2,768.25 Office of the County Clerk -Recorder 0.00 Business Division k - County Government Center 0.00 70 West Hedding Street, E. Wing, 151 Floor $ 850.00 San Jose, California 95110 (408) 299-5665 0.00 CEQA DOCUMENT DECLARATION ENVIRONMENTAL FILING FEE RECEIPT PLEASE COMPLETE THE FOLLOWING: Santa Clara County Clerk -Recorder's Office State of California Document No.: 15462 Number of Pages: 2 Filed and Posted On: 4/07/2009 vi_ Through: 5/07/2009 CRO Order Number: 192529 Fee Total: 50.00 REGINA ALCOMENDRAS, County Clerk - Recorder by Veronica Aguirre, Deputy Clerk -Recorder, 1. LEAD AGENCY: City Of Cupertino 2. PROJECT TITLE: R-2008-31 3. APPLICANT NAME: Frank HO PHONE: 408.777.3308 4. APPLICANT ADDRESS: 10218 Bret Avenue 5. PROJECT APPLICANT IS A: ❑ Local Public Agency ❑ School District ❑ Other Special District ❑ State Agency O Private Entity 6. NOTICE TO BE POSTED FOR 30 DAYS. 7. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT a. PROJECTS THAT ARE SUBJECT TO DFG FEES ❑ 1. ENVIRONMENTAL IMPACT REPORT (PUBLIC RESOURCES CODE §21152) $ 2,768.25 $ 0.00 ❑ 2. NEGATIVE DECLARATION (PUBLIC RESOURCES CODE §21080(C) $ 1,993.00 $ 0.00 ❑ 3. APPLICATION FEE WATER DIVERSION (STATE WATER RESOURCES CONTROL BOARD ONLY) $ 850.00 $ 0.00 ❑ 4. PROJECTS SUBJECT TO CERTIFIED REGULATORY PROGRAMS $ 941.25 $ 0.00 ❑ 5. COUNTY ADMINISTRATIVE FEE (REQUIRED FOR a-1 THROUGH a-4 ABOVE) $ 50.00 $ 0.00 Fish & Game Code §711.4(e) b. PROJECTS THAT ARE EXEMPT FROM DFG FEES S 1. NOTICE OF EXEMPTION ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) $ 50.00 $ 50.00 ❑ 2. A COMPLETED "CEQA FILING FEE NO EFFECT DETERMINATION FORM" FROM THE DEPARTMENT OF FISH & GAME, DOCUMENTING THE DFG'S DETERMINATION THAT THE PROJECT WILL HAVE NO EFFECT ON FISH, WILDLIFE AND HABITAT, OR AN OFFICIAL, DATED RECEIPT I PROOF OF PAYMENT SHOWING PREVIOUS PAYMENT OF THE DFG FILING FEE FOR THE "SAME PROJECT IS ATTACHED ($50.00 COUNTY ADMINISTRATIVE FEE REQUIRED) DOCUMENT TYPE: ❑ ENVIRONMENTAL IMPACT REPORT ❑ NEGATIVE DECLARATION $ 50.00 $ 0.00 c. NOTICES THAT ARE NOT SUBJECT TO DFG FEES OR COUNTY ADMINISTRATIVE FEES ❑ NOTICE OF PREPARATION ❑ NOTICE OF INTENT NO FEE $ NO FEE 8. OTHER: FEE (IF APPLICABLE): $ 9. TOTAL RECEIVED........................................................................................................................................................ $ 50.00 "NOTE: "SAME PROJECT' MEANS NO CHANGES. IF THE DOCUMENT SUBMITTED IS NOT THE SAME (OTHER THAN DATES), A "NO EFFECT DETERMINATION" LETTER FROM THE DEPARTMENT OF FISH AND GAME FOR THE SUBSEQUENT FILING OR THE APPROPRIATE FEES ARE REQUIRED. THIS FORM MUST BE COMPLETED AND ATTACHED TO THE FRONT OF ALL CEQA DOCUMENTS LISTED ABOVE (INCLUDING COPIES) SUBMITTED FOR FILING. WE WILL NEED AN ORIGINAL (WET SIGNATURE) AND TWO COPIES. INCLUDE A THIRD COPY IF YOU REQUIRE AN ENDORSED COPY FOR YOUR RECORDS. CHECKS FOR ALL FEES SHOULD BE MADE PAYABLE TO: SANTA CLARA COUNTY CLERK -RECORDER PLEASE NOTE: FEES ARE ANNUALLY ADJUSTED (Fish & Game Code §711.4(b): PLEASE CHECK WITH THIS OFFICE AND THE DEPARTMENT OF FISH AND GAME FOR THE LATEST FEE INFORMATION. . NO PROJECT SHALL BE OPERATIVE, VESTED, OR FINAL, NOR SHALL LOCAL GOVERNMENT PERMITS FOR THE PROJECT BE VALID, UNTIL THE FILING FEES REQUIRED PURSUANT TO THIS SECTION ARE PAID." Fish & Game Code §711.4(c)(3) 12-02,2008 (FEES EFFECTIVE 01-01-2006) I Filek 15462 4/0712009 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Notice of Exemption To: County Clerk -Recorder 70 W. Hedding Street, 1st Floor East Wing—Business Division San Jose, CA 95110 Project Title: R-2008-3 Project Location - (be specific): 10218 Bret Avenue Project Location - (City): Cupertino Project Location - (County): Santa Clara Description of Project: Residential Design Review permit for a new, two story 4,170 square foot residence with a ground floor secondary unit. Name of Public Agency approving project: City of Cupertino Name of Person or Agency carrying out project: Frank Ho Exempt Status: (check one) — Ministerial (Sec. 21080(b)(1); 15268); _ Declared Emergency (Sec. 21080(b)(3); 15269(a)); — Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); x Categorical Exemption. State type and section number: 15303 (a) —Statutory Exemption. State code number: Reasons why project is exempt: New home located in an existing urbanized area Lead Agency Contact Person: Gary Chao Area Code/Telephone Number: (408) 777-3247 G:I Pl ann inglERCExemp112008exemptl r20083 L doc Date: February 3, 2009 Title: City Planner CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 (408) 777-3200 r w �`G�V1 V1V� CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 9501 A-3255 (A08) 777-3200 Y i''-iNv � IMI 02 1A $ 000435612 D MAILED FROM ZIP( APPLICATION REQUIREMENTS & STORY POLE CERTIFICATION Community Development Department 10300 Torre Avenue (408) 777-3308 / Fax (408) 777-3333 Cupertino, CA 95014 planning@cupertino.org C U P E RT I N O http://www.cupertino.org/planning LEVEL I F.A.R. (Floor Area Ratio) <_ 35% Fees LEVEL II F.A.R. (Floor Area Ratio) > 35% Fees Two Story Permit $2,142 Two Story Permit $2,142 Public Noticing 200 Public Noticing 400 Categorical Exemption 213 Categorical Exemption 213 Categorical Exemption Filing Fee 50 Categorical Exemption Filing Fee 50 Architectural Consultant Deposit (min.) 2,000 Architectural Consultant Deposit (min.) 2,000 Requirements 0 Application Form Q Application Fees and Deposit Q Plan Set Requirements ■ 1 full size 24" x 36" plan set, folded to 8112" x 11" ■ 3 reduced 11"'x 17" plan sets, folded to 8112"x 11" (Additional copies will be required later for noticing purposes). • CD-ROM containing PDF, TIFF or JPEG files of the plan set. In lieu of a CD, the images may be e-mailed directly to the City. See a planner for details. [� Story Poles ❑ Material Board (for new homes) Q Notice Board ❑ Public Works Confirmation ❑ Geotechnical Report (if necessary) Requirements Application Form Q Application Fees and Deposit ❑i Plan Set Requirements ■ 1 full size 24" x 36" plan set, folded to 8112" x 11" ■ 3 reduced 11" x 17" plan sets, folded to 8112"x 11" (Additional copies will be required later for noticing purposes). ■ CD-ROM containing PDF, TIFF or JPEG files of the plan set. In lieu of a CD, the images may be e-mailed directly to the City. See a planner for details. Q Story Poles ❑ Material Board (for new homes) Notice Board ❑ Public Works Confirmation ❑ Geotechnical Report (if necessary) Story Pole Certification I certify that the story poles installed at IO2 8 Tl;�a'6"(y G (address) are consistent in design, height and location with the site and elevation plans drawn by FV-ArJ I`. L_ tic (architect, engineer or surveyor name) and dated (I.14'• wog Name F R �►.� cc- E -k, Title ? R -o 5 Cc1t A ACA-+iT C cJT Date l2 • �5.4�$ License # C 2 c( B g°I p.R C, — �� NK L. ' N� CZggs * RE Q \T4 rugr L-0ul U. R_App.doc.doc Revised 7/21/2008 PLAN SET CONTENTS Community Development Department 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO PLAN SET CONTENT Vicinity Map (408) 777-3308 / Fax (408) 777-3333 planning@cupertino.org http:/ /www.cupertino.org/ planning Site Plan ■ Scale & north arrow. ■ Lot line dimensions, setbacks and dimensions from the building to property lines. ■ Location of existing and proposed building wall and eave lines (including decks and balconies). ■ Location of existing and proposed building wall lines of buildings on adjoining properties. ■ Project summary which includes the following (for the existing and proposed home): o Lot size in square feet, building coverage, o Total building area (including garage and detached structures), o First floor and second floor square footages, o Ratio of second floor to first floor area and o Floor area ratio. ■ Existing/ proposed finished floor elevation of subject property. ■ Accurate location, size, species type and spread of existing trees on property and in public right-of-way. Floor Plans ■ Fully dimensioned floor plans. ■ Show the first story roof on the second story floor plan. Floor Area Diagrams ■ Show the first floor and second floor areas that are being added as floor area ratio. Sections ■ Two building cross sections, at least one showing the stairway. Elevation Plans ■ Accurate height, length and width of proposed second -story windows. ■ Dimension heights including first and second floor plate heights, total height. ■ Indicate the single -story building envelope as described in Section 19.28.060 G (2) of the R1 ordinance. ■ Identify building materials. ■ Show partial view of the front elevation of the neighboring homes. Privacy Protection Planting Plan ■ Show entire site. Show entire building footprint with roof. ■ Show all second story windows. ■ Location and width with 30 -degree angle shown from second story windows as described in Section 19.28.070 B. ■ Location, size, species type and' approximate age of existing and proposed shrubs and trees. Page 4 of 6. R App.doc.doc Revised 7/21/2008 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 777-3308 FAX: (408) 777-3333 COMMUNITY DEVELOPMENT December 23, 2008 Dear Resident, The City of Cupertino Planning Division received an application (file number R- 2008-31) for a Residential Design Review approval of a new, two-story 4,170 square foot single-family residence and a Minor Residential Permit (file number RM -2008-35) to construct a second -story balcony in the rear facing both the South and North elevations, located at 10218 Bret Avenue. This application requires staff approval and neighbors within 300 feet are notified with the opportunity to comment on the project. City staff believes that the project is compatible with homes in the neighborhood and intends to approve the project based on the enclosed plans. Please contact me no later than Monday, January 12, 2008 if you have any questions or concerns that the City staff should take into consideration when making its final decision on Wednesday, January 14, 2008. The applicant and any neighbor that contacts me on or before Monday, January 12, 2008 will receive a letter describing the action taken. Sincerely, Elizabeth Pettis Assistant Planner City of Cupertino (408) 777-3319 elizabethp@cupertino.org Enclosure: 11x 17 plan set G: � Planning \ Minor Residential \ RI Approvals \ 2008\R-2008-31, RM-2008-35.doc EasyPeel Labels !A See Instruction Sheet I SAVERY®5960Tm Use Avery® TEMPLATE 5960TM ® j FPpd Paper for Easy Peel Feature j 1 LE DUC N AND NGUYEN PHUONG T LIN YUAN-KAI AND HUI-LAN MADER URS H AND KONSTANZE 10180 STERN AVE 10295 STERN AVE 10204 BRET AVE CUPERTINO, CA 95014-3667 CUPERTINO, CA 95014-3685 CUPERTINO, CA 95014-3558 MALEKSHOAR TAGHI AND ASEMI AZA MATTANA STEFANO A 10265 BRET AVE 10251 BRET AVE CUPERTINO, CA 95014-3520 CUPERTINO, CA 95014-3520 MEHTA KUMAR B ET AL NATESAN RAMKI AND SUMATHI 10275 STERN AVE 10171 STERN AVE CUPERTINO, CA 95014-3685 CUPERTINO, CA 95014-3666 NI MELVIN AND WANG LOUISE PENG TSAI-YUN TRUSTEE 10205 BRET AVE 10191 BRET AVE CUPERTINO, CA 95014-3557 CUPERTINO, CA 95014-3557 QUIZON RAMON G RASMUSSEN EDNA D TRUSTEE 10285 STERN AVE 10264 JUDY AVE CUPERTINO, CA 95014-3685 CUPERTINO, CA 95014-3525 SAIDIAN YAGHOUB SINGH AMANJIT 10221 STERN AVE 18940 LOREE AVE CUPERTINO, CA 95014-3666 CUPERTINO, CA 95014-3637 WILLIAMS RITA E TRUSTEE WILSON SIDLAUSKAS KRISTI L AND 10219 BRET AVE 10181 STERN AVE CUPERTINO, CA 95014-3557 CUPERTINO, CA 95014-3666 ZINSMAN MAX E AND HEIDI S 10176 BRET AVE CUPERTINO, CA 95014-3558 ttiquettes faciles a peter A Utilisez le gabarit AVERY@ 5960m` Sens de chargement MC GRATH PATRICK W 10200 STERN AVE CUPERTINO, CA 95014-3689 NGUYEN LIEM THANH AND HUONG TH 10162 JUDY AVE CUPERTINO, CA 95014-3523 PHILLIP JOHN R 10190 STERN AVE CUPERTINO, CA 95014-3667 RUIZ GINO R 10240 STERN AVE CUPERTINO, CA 95014-3689 SINGH GURJOT AND JASJIT K 19040 LOREE AVE CUPERTINO, CA 95014-3526 YUAN LEO AND YO -LI TRUSTEE & E 10264 BRET AVE CUPERTINO, CA 95014-3521 Consultez la feuille www.averycom d'instruction 1 -800 -GO -AVERY Easy Peel Labels A ® See Instruction Sheet I AVERY05960— Use Avery® TEMPLATE 5960TM 1Feed Paper for Easy Peel Feature 1 fi S 1 BELOGOLOVSKY ALEXANDER AND GAL BLACY JEANETTE BOOKER KENNETH D 10162 BRET AVE 10176 JUDY AVE 10265 STERN AVE CUPERTINO, CA 95014-3558 CUPERTINO, CA 95014-3523 CUPERTINO, CA 95014-3685 BRUNNER RALPH 10210 STERN AVE CUPERTINO, CA 95014-3689 CAO VIET ANH AND TRAN CUC THI 10231 STERN AVE CUPERTINO, CA 95014-3666 CHOPRA UMEET AND BABITA 10293 BRET AVE CUPERTINO, CA 95014-3520 BRYAN THANH-CANH TRUSTEE 10218 JUDY AVE CUPERTINO, CA 95014-3523 CARRAHER LORRAINE V 10190 JUDY AVE CUPERTINO, CA 95014-3523 CHUANG SAN-TSAI AND TWE FUN TR 10177 BRET AVE CUPERTINO, CA 95014-3557 CRILEY EDWARD E AND DONNA M TR DONG HONG AND XIONG XING 10204 JUDY AVE 10201 STERN AVE CUPERTINO, CA 95014-3523 CUPERTINO, CA 95014-3666 GEIGER KURT W AND LISA A 18920 LOREE AVE APT A CUPERTINO, CA 95014-3637 GOE LARRY D 10279 BRET AVE CUPERTINO, CA 95014-3520 HONG SEONG WAN AND YOON HWA 10280 STERN AVE CUPERTINO, CA 95014-3687 HUDSON ELLEN C TRUSTEE 10292 BRET AVE CUPERTINO, CA 95014-3521 KUNG JEANIE 10250 BRET AVE CUPERTINO, CA 95014-3521 GEIGER KURT W AND LISA A 18920 LOREE AVE CUPERTINO, CA 95014 GRIJALBA RUDOLPH M AND ANA M 18964 LOREE AVE CUPERTINO, CA 95014-3663 HSU JOSEPH C AND JENNIFER Y 10163 BRET AVE CUPERTINO, CA 95014-3557 JONES EULALIA C 10278 JUDY AVE CUPERTINO, CA 95014-3525 KUO YA-KO ET AL 10276 BRET AVE CUPERTINO, CA 95014 BURRIESCI LAWRENCE G AND JANIC 10270 STERN AVE CUPERTINO, CA 95014-3687 CHAN ANDREW A AND JOANNE H 10191 STERN AVE CUPERTINO, CA 95014-3666 COATNEY SUSAN M 10290 STERN AVE CUPERTINO, CA 95014-3687 DURAN FELIPE AND CARMEN A 18911 ARATA WAY CUPERTINO, CA 95014-3676 GEORGE PETER A II AND LILIYA 10218 BRET AVE CUPERTINO, CA 95014-3558 HOCH DANA AND YI DONGHUI 18921 ARATA WAY CUPERTINO, CA 95014-3676 HUANG PANNING AND LIAO KAILI T 10190 BRET AVE CUPERTINO, CA 95014-3558 KAPOOR AMARJEET AND CHARU ET A 10211 STERN AVE CUPERTINO, CA 95014-3666 KUO YA-KO ET AL 10278 BRET AVE CUPERTINO, CA 95014-3521 ttiquettes faciles a peter A Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 5960""` Sens de chargement d'instruction 1 -800 -GO -AVERY Freeways Annotation Abc Street Names Secondary Address Primary Address Street Centerline Q ParcelOutline -- Right -of -Way Parcels City Boundary CRy of Cuperino SCALE 1 :1,804 100 0 100 200 300 FEET 1 http://gissvr/cupertinoassessor/home/mapFile.aspx Monday, December 22, 2008 1:42 PM i() e I(( R I? (Fl 4 d E v L�43 UU � 03 2008 CHICAGO TITLE COMPANY By- - PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that It rs 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, Condibons and Shpulabons or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance rs less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are a vailable from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability rs 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 polrcy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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 none 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. 1 Countersigned Chicago Title Company BY •' ATTW . '. .. ttiNidMt CLTA Preliminary Report Form - Modified (11/17/06) Visit Us on our Website: wwww clic, com Chicago Title Company ISSUING OFFICE. 675 N. First Street, Suite 400 • San Jose, CA 95112 408 271-7600 • FAX 408 295-3975 FOR SET7LEMENT INQUIRIES, CONTACT.• Chicago Title Company - Saratoga 12156 Saratoga -Sunnyvale Road • Saratoga, CA 95070 408 973-1900 • FAX 408 973-8778 Title Officer: Marion Mills Escrow Officer: Tiffany Liu Escrow No.: 08 -99505079 -TL TO: Peter George PRELIMINARY REPORT Title No.: 08 -99505079 -MM Locate No.: CACT17743-7743-2995-0099505079 SHORT TERM RATE: Yes PROPERTY ADDRESS: 10218 Bret Avenue, Cupertino, California EFFECTIVE DATE: November 26, 2008, 07:30 A.M. The form of policy or policies of title insurance contemplated by this report is: ALTA Loan Policy (6/17/06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Peter A. George, II and Liliya George, husband and wife as joint tenants 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF RS\RS 12/03/2008 1 CLTA Preliminary Report Form - Modified (11/17/06) Title No. 08 -99505079 -MM Locate No. CAM7743-7743-2995-0099505079 LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 31, as shown upon that certain Map entitled 'Tract No. 502 Loree Estates Unit No. 1", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on June 2, 1948 in Book 18 of Maps, at Page 35. APN : 375-11-033 CLTA Preliminary Report Forth - Modified (11/17/06) Title No. 08 -99505079 -MM Locate No. CACn7743-7743-2995-0099505079 AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2008-2009, Assessor's Parcel Number 375-11-033. Code Area Number: 13-134 1st Installment: $5,436.22 Open 2nd Installment: $5,436.22 Open Land: $880,000.00 Improvements: $46,300.00 Exemption: $7,000.00 Personal Property: 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. 3. Any liens or other assessments, bonds, or special district liens, including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 4. Covenants, conditions and restrictions, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document. 5. Easements or servitudes appearing in the public records. 6. Leases, grants, exceptions or reservations of minerals or mineral rights appearing in the public records. 7. Loss or damage by reason of any violation, variation, encroachment or adverse circumstances affecting the title that would have been disclosed by an accurate survey. CLTA Preliminary Report Form - Modified (11/17/06) ITEMS: (continued) Title No. 08 -99505079 -MM Locate No. CACT17743-7743-2995-0099505079 8. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $772,000.00 Dated: August 20, 2007 Trustor: Peter A. George II, and Liliya George, husband and wife as joint tenants Trustee: Recontrust Company, N.A. Beneficiary: Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Bank, FSB. Address: 1199 North Fairfax Street, Suite 500 Alexandria, VA 22314 Loan No.: 177484013 Recorded: August 28, 2007, Instrument No. 19566893, of Official Records 9. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $96,500.00 Dated: August 20, 2007 Trustor: Peter A. George II and Liliya George, husband and wife as joint tenants Trustee: ReconTrust Company, N.A. Beneficiary: Mortgage Electronic Registration Systems, Inc., a separate corporation acting solely as a nominee for Countrywide Bank, FSB Address: 1199 North Fairfax Street, Suite 500 Alexandria, VA 22314 Loan No.: None Shown Recorded: August 28, 2007, Instrument No. 19566894, of Official Records Note: The Deed of Trust set forth above is purported to be a "Credit Line" Deed of Trust. It is a requirement that the Trustor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid through the Company or other Settlement/Escrow Agent. END OF ITEMS Note 1. The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the herein described property. Note 2. The Company is not aware of any matters which would cause it to decline to attach the CLTA Endorsement Form 116 indicating that there is located on said land Single Family Dwelling known as 10218 Bret Avenue, Cupertino, California to an Extended Coverage Loan Policy. CLTA Preliminary Report Form - Modified (11/17/06) NOTES: (continued) Title No. 08 -99505079 -MM Locate No. CACTI7743-7743-2995-0099505079 Note 3. The application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the description in this report covers the parcel requested, however, if the legal description is incorrect a new report must be prepared. If the legal description is incorrect, in order to prevent delays, the seller/buyer/borrower must provide the Company and/or the settlement agent with the correct legal description intended to be the subject of this transaction. Note 4. The only deeds affecting said land, which recorded within twenty-four (24) months of the date of this report, as are follows: Grantor: Alan Donaldson and Eileen M. Donaldson, husband and wife, as community property with rights of survivorship Grantee: Alan Donaldson and Eileen M. Donaldson, Trustees, or their successors in trust, under the Alan and Eileen Donaldson Living Trust, dated November 2, 2006, and any amendments thereto, as community property Recorded: January 11, 2007, Instrument No. 19261111, of Official Records and Grantor: Alan Donaldson and Eileen M. Donaldson, as Trustees under the alan and Eileen Donaldson Living Trust, dated, November 2, 2006, as Trustee under that certain Trust created by Alan Donaldson and Eileen M. Donaldson, husband and wife, as community property, as the interest of said trustee and husband and wife may appear. Grantee: Peter A. George, II and Liliya George, husband and wife as joint tenants Recorded: August 28, 2007, Instrument No. 19566892, of Official Records Note S. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14 -point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. CLTA Preliminary Report Form - Modified (11/17/06) NOTES: (continued) Title No. 08 -99505079 -MM Locate No. CAC -U7743-7743-2995-0099505079 Note 6. Wiring instructions for Chicago Title Company, Saratoga, CA, are as follows: Receiving Bank: Bank of America 275 Valencia Blvd, 2nd Floor Brea, CA 92823-6340 ABA Routing No.: 026009593 Credit Account Name: Chicago Title Company - Saratoga 12156 Saratoga -Sunnyvale Road, Saratoga, CA 95070 Credit Account No.: 12353-81969 Escrow No.: 08 -99505079 -TL These wiring instructions are for this specific transaction involving the Title Department of the San Jose office of Chicago Title Company. These instructions therefore should not be used in other transactions without first verifying the information with our accounting department. It is imperative that the wire text be exactly as indicated. Any extraneous information may cause unnecessary delays in confirming the receipt of funds. Note 7. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third -parry service. If the above requirements cannot be met, please call the company at the number provided in this report. END OF NOTES CLTA Preliminary Report Form - Modified (11/17/06) N wafinwos ie sauNsoq augslP IssmisusWIP ALM oaluamnd of Sou Pum spusl H4io Pus s;saxi s aululolpi of uolisl•J W Pu114 "N 000""6au61uoAasa a ss paysPunl A40JON q M'A*Ans m }ou sl s141 UMVI OMMI. OFFICE OF COUNTY ASSESSOR SANTA C L A R A COUNTY, CALIFORNIA _ L.375JL11 a iTRACT N4 1164 4 i TRACT N= 1004 0 0 o STERN —. $ ¢------ --- ---- - -- A V E.– --------- ,o01I~- 1-W-W17&le won loop& ,gal 1pon ,Drop :aur min toll, ror&l 1019, rout 10!81 rot.,, ,opo/ rovli lona ae, 7.v i 57 A I s. I 57 I 57 57 I w I 57 57 s7 I so I so I w it I H I 97 I g 75CL ' I Al: I I 2 3 4 S 1 t 1 7 9 j 9 1 10 1 II 1 i 2 i S i 4 j 9 I e 1 7 �� to Jm 5 63 , I... I��......t17....T. _..., E 6 i 7Ti 9 ll I 13 I :S 17 I 12 21 I 2S 1 27 i 27 I t9 1 sl so' =B iZ I i 1 a af1 ! SO I j aa9 j ,37 I ,� I iT I eli i 93T 5u I Q R.R S. JUDY— TRACT N= 55O•••LOREE ESTATES UN, Ns 2 O AVE. 7, @ !or,e"of 110-1 1 75 1 75 75 73 75IL- I 75 .31d75 loamc ,Orr loos& loon tool/ moo ropes rorty rota /p/ � M.lar W'M :Ola 7 Sats P.M. 350—N-18 BRET uwmlCE E sloe - Aema9aR TRACT N2TES5O2 $ �2 i t t L O+k Sa 3t7. AVE. E9'wIM Y 7r fo0{-loC) LOREE ESTAUN.N41 NA owl Loose oro gum roux alw town arra o,w 79 75 75 7 5 7f 75 W I ( I W- u ZI I e e to 12 14 Is Is to 22 z. I 26 28 Z67 I 47 e9 I 71 73 7C i 77 1 79 I BI I 83 93 B7 I I >22 ?E I I li j 1Q 1 i .rQ 1 I I N 75 75 7S 1 75 75 75 75 Tb 75 j 75 7 fIMMI low - /"so racer ,are, • rotas roTI rolls frlor WI" leHa R.R S. JUDY— TRACT N= 55O•••LOREE ESTATES UN, Ns 2 O AVE. 7, @ !or,e"of 110-1 14F� 75 I55 I I 30 Sz 09 , 9 K I� 1 � LZ I— J 7 Sats FM uwmlCE E sloe - Aema9aR aers9i &1q k mar lrl� 94 �2 i t t L O+k Sa 3t7. E9'wIM Y 7r fo0{-loC) ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attomeys' 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 • 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. 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 knowledge of the taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 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 access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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) 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 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. SCHEDULE B, PART I 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. PART 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. 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 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. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 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 inure mart agee being deemed a fraudulent conveyance or fraudulent er, 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 judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of 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. 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. Easements, liens or encumbrances, or claims thereof, 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. Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) 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 that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (r) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that 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 an Insured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 1 I (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. (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. AttachmeW One (11/17/06) ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, 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. 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. 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 judgement or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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: 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 ager 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. 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. Easements, liens or encumbrances, or claims thereof not shown by the public records. 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. (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. Attachment One (t 1/17/06) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) 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, attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pemrit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof; not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and 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. Macknent One (11/17/06) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. Land division 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. 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. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabili Covered Risk 14: 1 .00/o of Policy Amount $ 10,000.00 or $ 2.500.00 (whichever is less) Covered Risk 15: 1_00% of Policy Amount $ 25,000.00 or $ 5.000.00 (whichever is less) Covered Risk 16: 1_00% of Policy Amount $ 25,000.00 or $ 5.000.00 (whichever is less) Covered Risk 18: 1_00% of Policy Amount $ 5.000.00 or $ 2,500.00 (whichever is less) Attachment One (11/17/06) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) 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 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 improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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 affectin the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12,13, 14, and 16 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 Covered Risks 12, 13, 14, and 16 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 damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become alien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. 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 in Covered Risk 8. 8. 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 the 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 in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy 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 Date of Policy. Attacknent One (11/17/06) Notice You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must - prior to the close of the current transaction - inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you qualify for a discount which is subject to other terms and conditions. Effective through November 1, 2014 (privacy)(05-08) Page 1 of 2 Fidelity National Financial, Inc. Privacy Statement Effective Date: 5/1/2008 Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non- public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. (privacy) Page 2 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access To Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements forthe purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.