LLA on Charsan LN for Yingsum Tsui and Charsan Properties - 11430 & 11420 Charsan Ln - APNs: 362-10-061, 362-10-062- 0
REUORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO:
CITY OF CUPERTINO
10300 TORRE AVENUE
CUPERTINO, CA 95014
NO F= IN A"CCOREDANCE
WITH GOV CODE 6103
DOCUMENT: 13424486
III'11!RP'111IPIP1illl'1'I11Id�l1i�ll'
Q0 1742442'
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Chicago Title
Tjtles:I / Pages: 28
Fees, -- No Fees
Taxes...
Copies
AMT PAID
RDE # 005
8/29/1996
8:00 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
C,
AS 'TO EXLvf'U71ON OR ITS EFFECT
UFON TITLE IF ANY.
LOT LINE ADJUSTMENT ON CHARSAN LANE FOR: Yingsum Tsui and
Charsan Properties
DOCUMENT TITLE
orXicIvaL
SEPARATE PAGE, PURSUANT TO GOVT. CODE 27361.6
ji:" 11 40
• fie• • � t • �• y� • • i•- •
RE U;N TO: City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
• t l' E t. I IJ
is �. ►1y. .. •: •' ir'� l .r. `: •; • , i = • • � J —� � •
A request for a lot line adjustment between Parcels A and B, as
designated on the attached plat and descriptions marked Exhibit "A" and
attached hereto, has been submitted by the record owners of the above
properties (as shown in Exhibit "B", attached) of the City of Cupertino
with the request that an adjustment of lot lines be approved by the City
Engineer.
The City Engineer hereby finds that the lot line adjustment requested
is between two or more adjacent parcels, that the land taken from one of
the parcels is added to the adjacent parcel and that a greater number of
parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section
18-1.202.3C 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 that 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
1996.
EURIVISKOVICH
CITY ENGINEER
CITY OF CUPERrINO
M
EXHIBIT A
Y T N G S UM T S U T
D E S CRT F'T TON O F .X T T I N G L O T
All that certain real property in the City of Cupertino,
County of Santa Clara, State of California, being all of
Lot 4, Tract No. 8352, a map of which was filed on December
2, 1992 in the Office of the Recorder of said County and
State in Book 642 of Maps at Pages 25 and 26.
Date June 18, 1996
EXHIBIT A
P R O P O S E ID P A R C E L I, A"
Y I N G S U M T S U I
All that certain real property in the City of Cupertino, County of
Santa Clara, State of California, being all of Lot 4 and a portion
of Lot 5, Tract No. 8352, a map of which was filed for record on
December 2, 1992 in the Office of the Recorder of said County and
State in Book 642 of Maps at Pages 25 and 26, more particularly
described as follows:
Beginning at the northerly corner common to said Lots 4 z-nd 5
on the southerly line of Charsan Lane; thence along the dividing
line between said Lots 4 and 5, S11°40'31"E 55.00 feet; thence
leaving said line, S22°14'53"E 32.70 feet and S6°51'28"E 36.43 feet
to the southerly line of Lot 5 ,thence along said line and the
southerly line of Lot 4, S76°09'44"W 23.94 feet; thence along the
southerly line of Lot 4, S89"54'30"W 60.00 feet to the southwest
corner of Lot 4; thence along the westerly line of said Lot,
NO°06'30"E 137.00 feet to the southerly line of Charsan Lane;
thence along said line, N89°54'30"E 0.20 feet; thence along a curve
to the right having a radius of 20 feet, through a central angle of
39*16*05" an arc length of 13.71 feet to a point of reverse cur-
vature; thence along a curve to the left having a radius of 42 feet
through a central angle of 61°10'35" an arc length of 44.85 feet to
the point of beginning.
Containing 8902 square feet or 0.2044 of an acre, more or less.
Date: July 9, 1996
4�FEQSip,�,�
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EXHIBIT A
CHr'�RSAN PROPERTIES
DESCRIPTION O F E X 1 S Z'T N G L O T
All that certain real property in the City of Cupertino,
County of Santa Clara, State of California, being all of
Lot 5, Tract No. 8352, a map of which was filed on December
2, 1992 in the Office of the County Recorder of said County
and State in Book 642 of Maps at Pages 25 and 26-
Date: June 18, 1996
Sla;,y��
o � m
No. C13313 `-
Exp: 3-31�%
,;:� 0
EXHIBIT A
P R O P O S E D P AR C E L " B"
C HAR S AN P RO P E R T S E S
All that certain real property in the City of Cupertino,
County of Santa Clara, State of California, being a portion
of Lot 5, Tract No. 8352, a map of which was filed for
record on December 2, 1992 in the Office of the Recorder of
said County and State, in Book 642 of Maps at Pages 25 and
26, more particularly described as follows:
Beginning at the northerly corner common to said Lot 5
and Lot 4 of said Tract on the southerly line of Charsan
Lane; -thence along the dividing line between said Lots 4
and 5, S11'40'31"E 55.00 feet; thence leaving said line,
S22'14'53"E 32.70 feet and S6'51'28"E 36.43 feet to the
southerly line of said Lot 5; thence along said line
N76'09'44"E 73.18 feet to the southeasterly corner of -said
Lot 5; thence along the northeasterly line thereof,
N18'58'40"W 139.43 feet; thence leaving said line and
along the northerly line of said Lot, S89'54'30"W 28.51
feet to a point on the easterly line of Charsan Lane;
thence along said line and the southerly line of said
Charsan Lane along a non -tangent curve to the right, from a
tangent bearing of S13'41`06"E, having a radius of 42 feet,
through a central angle of 54'18'54" an arc length of 39.81
feet to the point orf beginning.
Containing 8924 square feet or 0.2049 of an acre, more
or less.
Date June 18, 1996
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LAN � ��i �'8\S4-. EXHIBIT A
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LOT 4
EXIST. ArRF-A= 8643 SQ.FT
PROr�b5E-D AREA =89025QFT. zI
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LOT 5 1
EX15-C AREA = 31835Q.M
PROPOSED A2SA = 8924SQ.rT
APt-4__3G2- 10- E5e
CHAPSA Nt PROPERTIES
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0,61 WEEK .44 TS 4 & 5 Off'
7-RA c'T Nio. 8352, 642M 25,2�
C UPERTINO, cr4 .
Z''vN,E /8, i9 36
CHICAGO TITLE COMPANY
Issuing Office:
110 West Taylor Street
San Jose, California 95110
Phone: (408) 292-4212
David Benjamin
Coldwell Banker
12029 Saratoga -Sunnyvale Road
Saratoga, California 95070
Dated as of: April 2, 1996 at 7 :30 AM
EXHIBIT
Escrow Location:
12156 Saratoga/Sunnyvale Rd.
Saratoga, California 95070
Phone: (408) 973-1900
Fax: (408) 973-8778
Escrow No. 000760011 SL
ESCROW OFFICER: Sharon LaFountain
Order No. 760011 VW
Reference:
Regarding: 11430 Charsan Lane
Cupertino, California
In response to the above referenced application for a policy of title insurance,
CHICAGO TITLE CONTANY
0
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B 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 the attached list. Copies
of the Policy forms should be. They are available from the office which issued the report.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN NO LIABILITY IS
ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TTTLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
Virginsi'�L Williams
Title Officer
PFPPS - 11 /07/84 AA
SCHEDULE A EXHIBIT B
Order No: 760011 VW Your Ref:
1. Thr. estate or interest in the land hereinafter described or referred to covered by this report is:
A FE a
2. Title to said estate or interest at the date hereof is vested in:
Yingsum Tsui, a married woman as her sole and separate property
3. The land referred to in this report is situated in the State of California, County of SANTA CLARA
and is described as follows:
All that certain Real Property in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
Lot 4, Tract No. 8352, which Map was filed for Record in the Office of the
Recorder of the County of Santa Clara, State of California, on December 2,
1992 in Book of Maps Numbered 642 at Page 25.
Excepting therefrom the underground water or rights thereto, with no right of
surface entry, as granted to San Jose water works, a California Corporation,
by Instrument Dated March 12, 1993 and Recorded May 21, 1993 in Book M791 of
Official Records, Page 319.
/83bk
SCHEDULE B
EXHIBIT B
Page 1
"trder No: 760011 VW
Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. Taxes for the fiscal year 1996-97, a lien not yet payable.
B 2. Supplemental Taxes for the fiscal year 1995-96 assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and
'Taxation Code of the State of California.
Assessors Parcel No.: 362-10-058-51
First Installment: $1,055.51, Due and Payable
Delinquent Date: May 31, 1996
Second Installment: $1,055.51, Payable, but not yet due
Delinquent Date: September 30, 1996
C 3. 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.
D 4. A matter affecting the portion of said land for the purposes stated
herein, and incidental purposes, shown or dedicated by the map herein
referred to:
For: Public Service Easement
Affects: The Northerly 10 feet of Said Land
E 5. A Deed of Trust to secure an indebtedness of the amount stated herein,
and any other obligations secured thereby
Dated:
Amount:
Trustor:
Trustee:
Beneficiary
Recorded:
Instrument No.:
Return Address:
Loan No . :
F END OF SCHEDULE B
October 25, 1995
$442,500.00
Yingsum Tsui, a married woman as her sole and
separate property
Citibank Service Corporation, A California Corp.
Citibank, F.S.B.
October 31, 1995 in Book P066 at Page 1783 of
Official Records
13075365
M. S. 321, 15851 Clayton Road, Ballwin, MO 63011
5529900170
PREUMB-8/7/814rc
SCHEDULE B EXHIBIT B
Page 2 (continued)
')rder No: 760011 VW Your Ref:
G NOTE 1 : Title of the vestee herein was acquired by deed:
Grantor: Charsan Properties, A California Limited Partnership
Grantee: Yingsum Tsui, a married woman as her sole and separate
property
Recorded: October 31, 1995 in Book P066 at Page 1779 of
Official Records
No other conveyances were recorded within 6 months prior to the vesting
hereof.
H NOTE 2 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's
or Lender's policy form has been requested, the policy, when approved for
issuance, will be endorsed to add the following to the Exclusions From
Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the interest of the
mortgage insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is
based on:
(i) the transaction creating the interest of the insured mortgagee being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of equitable subordination;
or
(iii) the transaction creating the interest of the insured mortgagee being
deemed a preferential transfer except where the preferential transfer
results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
Owners Policy Exclusion:
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 by this policy being
PREJMBG9/23/93bk
Page 3
')rder No: 760011 VW
SCHEDULE B
(continued)
Your Ref:
EXHIBIT B
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
NOTE 3 : Effective July 1, 1994 all documents to be recorded in California
must conform to the following:
(A) A page for the purpose of recording shall be one printed side of a
single piece of paper which is 8 1/2 inches by 11 inches.
(B) A sheet shall be one printed side of a single piece of paper which is
not exactly 8 1/2 inches by 11 inches but not greater than 8 1/2 inches by
14 inches.
(C) If a page or sheet does not conform to the dimensions of 8 1/2 inches
by 11 inches the recorder shall charge $3.00 extra per page or sheet of the
document.
These changes are pursuant to Government Code Sections 27201, 27361 and
27361.5 which were enacted in the 1992 Legislative Session to be effective
July 1, 1994.
i NOTE 4 : Short Term Rate
K NOTE 5: For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1995-96
Assessment No.: 362-10-058
Code No.: 13-069
First Installment: $2,489.42 PAID
Second Installment: $2,489.42 PAID
Assessment Valuation Of
Personal Property: NONE
Homeowner Exemption: NONE
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EXHIBIT
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EXHIBIT B
AMErRi M L"m TITLE ASSOMnM OWNER'S POLICY (10-17-92)
and
LAND TITLE ASSOC:AT M LEASEHOLD OWNER'S POLICY (10-17-M
EXCLUSIK S FROM COVERAGE
The bpowkg mattes are expressy MWkKMd tom the coverage of this penny and the company will not pay boss or damepe, costs, attorneys' tees or
experess which arise by reason ot:
1. (a) My law. ordrance or governmental regulation (including but not limited to building and zoning laws, ondkwhas. or regulations) restricting,
regulating, prohibiakg or relating to n the occuparic% use, or err joynwit of the land; (ii) the darec:W, dimensions or location of wry improvement
now or ttereaflai eroded on the land; (iR) a separation in ownership or a change in the dimensions or area of is land or any percel of which the
land is or was a putt or Qv) environmental protection, or the effect of any violation of these laws, ordinances or goverrxnentaa regulations. except
to the nicest that a notice of the enlion ntett thereof or a notice of a defect, ion or encumbrance resulting from a violation or alleged violation
affecting the land has been receded in the public t. r r. I at Dam a Policx
(b) Any gm n,me M police power not mduded by (a) above. sxospt to the extet the a notice of the exenpe- dw or a notice of a defect, lien or
e,a,n,brence rseurld from a violation or Merged yfo+aiat a(lectng the land has been recorded in the public reconrie at Dan or l3oficy.
2. Rigtna a enirant dorneinh unless noun. of the eucerciee theeot hea been recondsd in the public r.co n I at Date of PokX but not excluding from
cover p. any taldrhg which has oocurred prior to Dale of Policy which would be banding on the rights of a purchaser for vaiw without knowledge.
3. Dehecta, fens. encumbrances, adverse cial - or quern matters:
(a) r , a - I , suffered, assumed or agreed to by the mated claimant
(b) rxX known to the compwrA not recorded in the public records at Dale of hohcA but known to the insured claimant and not disclosed in writing to
the Corr4mW by the insured ch irrarn prior io the deer the keured claimantbecame an insured under this policy;
(c) resulting in no km or damage to the insured ci8k.arn;
(d) attaching or a and subsequent to Date of Poky. or
(e) resulting in low or damage which world not have been sustained if the insured clement had paid value for the Mate or interest insured by this
Poky
4. Any eiaim, which arises of of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal banivuptcy, 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
(4) the transaction creebrq the estate of interest insured by this policy being deemed a preferential trarsier except where the preferential
transfer results from the task":
(a) to timely record the instrument of transfer or
(b) of such recordation to impart notice to a purchase for value or a judgment or lien creditor.
The above policy forms may be lsned too afford elubsr Standard Coverspe or Extwoded Covwape. in addkioe to the show Exdusiors from
Coverage, the Etoeep door from Coverags in a Standard Coverage policy TA also in chide the following Gen" ftmpdmw
EXCEPTIONS FFtOY COVERAGE
This policy does nit insure against loss or damage (and the company will not pay costa, atbrneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown ss existing lies by the records of any taxing authority that levies taxes or assessments on real property or
by tee public records•
Proceedings by a public agencywhich may result in taxes or asesexme tS, or rhofir es of such proceedings, whether or not shown by the records of such
agency or by the public records.
2. My tacts. rights, inmtsrssts or deism- which arenot shown by the pubic records but which could be ascertained by an irhepectonh of the band or by Raking
inquiry of persons in possession theed.
3. Easements. fee or encumbrarhps. or claims the+sot, which are not shown by the public records.
4. Dieerepanoies, Deducts in boundary free, shortage in area, encroachments, or any other facts whhieh a correct survey world disclose, and which are
not allow. by the public recorrds.
5. (a) U.paeted mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tilts to
water. whether or not the mattes excepted under (a), (b) or (c) are shown by the public records.
Photographic
condition of
be
poor
original document.
EXHIBIT B
AMEM M LAND TITLE ASSOC9ATlOM m1 xwnAL TITLE INSUR NM POLICY (6-1-87)
EXCLUMMS
In addition to the exceptions in Schedule B, you are not insured against toss, Ists, attorney's fees and expenses resulting from
1. Govenxnental police power, and the existence or violation of any law or government reguristlon. This includes building and zoning
ordrmxm and also Ism and regulations wing:
• land use • land division
• improve rents on the land • envkordnental protection
This exclusion does not apply to the violations or the enforcement of these matters which appear in the pubic records at Policy hats.
This exclusion does not Beni the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to tab the lard by condemning it, unless:
• a notice of exercising the right appears in the pubic records on the Policy Date
• soft" happened prior to the Policy Dais and is binding on you if you bought the lard without knowing of the taking
3. Tift Wsiks
• float are kneeled, slowed, or agreed to by you
• that are known to you, but not io us, on the Policy Date - union they appeared in the pubic records
• dW result in no loss to you
• that first aN r your We after the Policy Date - this doss not limit the tabor and material lien coverage in item 8 of Covered Title rusks
4. Failure to pay value for your title.
5. tack of a right:
• to any tend outside the area specifically described and referred to in item 3 of Schedule A, or
• in streets, aleys, or waterways that touch your land
This exclusion does not limit the accsss coverage in item 5 of Covered Title Risks.
In a.; —;on to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Someone damning an interest in your land by reason of
A. Easemerkts not shown in the public records
B. Boundary disputes not shown in the public records
C. Improvements owned by your neighbor placed on your land
2. If, in addition to a single fanWyy residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered
Title Risks does not insure you against loss, costs, attorneys' fees, and expenses 18%Ang from:
A. The forced removal of any Additional Dwelling Unit, or,
B. The forced conversion of any Additional Dwelling Unit back to its original use,
d said Ad*donal Dwelkg Unit was either wed or converted to use as a dws k'g unit in violation of any law or government
regulation-
EXHIBIT B
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFORNIA LAND THE ASSOCIATION STANDARD COVERAGE POLICY - I
EXCLUSIONS FROM COVERAGE
The following matters an exprseely excluded from the coverage of is policy and the Comparry will not pay loss or damage, costs. atlorneya' fees or
th
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 regulatior>s) restr>cf>ng.
regulating, prohibilin or relating to 0 the occupancy, use, or enjoyment of the land: (11) the dwacw, dimension or location of any improvement
now or hereafter ended on the land: (W) 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 pert or (iv) environmentalprotection, or the sfbci ofarry violation ofthese laws. ordinances or yowmmerrtal regulations, except
to the a v i - Btat a noticed the enkwcement ihend or a recline of a defect, lien or encrxnbrance resuMig from a vi01ati0n Or~ violation
of ectirg the land has been recorded in the public records at Dale of Policy.
(b) Any govwmnrdd POfios Dower not excluded by (a) above. toths
the land ttas senbeen recorded >n lhs gtbft: noortis at DaM a Pci lien or
er>csrr>branca nelrwr>g troth a vicfelion or sleged violation ailectitg
2. Rights d ennitert domait units rtotiee d the exercise thered has been recorded in the public records at oso d PoficX but not excluding from
Mn" ape enry fandng whidt has occurred prior to Dead Poky which would be binding an the rights of a purdtaser for value without knowledge.
3. Defects. Nets, encumbrances, adverse dsin or other nialto :
(a) whethor not recorded in the pubic records at Dated Policy, but created. suffered, assumed or agreedto by the insured claimant:
er
(b) not known to pit Cpnparry, not recorded in ifte public records at Dee of Pdic% but known 10 the insured daimart and not disdosed in writing to
the Company by the insured cisimant prior to the data the inured claimant became an insured under this policy:
(c) resulting in no foss or damage to the insured claimant.
(d) attaching or a A subsequent 10 Date Of Policy. or
(a) resulting in lees or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or
interest insured by this pdicyL
4. Unenforesabilty of the lien of the insured mortgage because of the inability or failure Ofthe 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.
Invalidity or unenforcesbility 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 truoWn-landing law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest irsured by this policy or the transaction creating the interest
Of the insured tender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
This policy doss not insure against loss or damage (and the Company will not pay costs. attorrmys' fees or expenses) which arise by reason of:
1. Taxes or assessments which am 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 pubic 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, Wows" 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 saeerlsd by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public records.
4. �, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey wand disclose and which are
not shown by the pubic records.
5. (a) Unpatertled minig
dais: (b) reservations or exceptans in patents or in Acts autlortzing the issuance thereof (c) water, .claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
Reorder Form No. 12599 (Rev. 2/93)
EXHIBIT B
MWOCAN LAND TITLE ASSMAMON LOAN POL= (10-17-92)
WITH ALTA ENDORSEMENT - FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
wrm ALTA ENDORSEMENT - FOM 1 COVERAGE
This k+SowYg ur- " are expres* excluded from the coverage of this poll y and the Compery will net PW bee or dsrttage. costsanorneys' fees or
expawe which aries &► poser of:
t. (a) Any law, ordUwtcs or govenvner" regulation (including but not *nilod to building and xorukg terr% ordrwtese. or regulations) ►'estrictiN,
reguittlng, proltibitlrp orrelating to (i) the occupancy; uw, or eryoyment of ffe land; (ill the character, dewnions or bcatlort of any improvement
now or hwoMw erected on fhe land; (*) a Separation in owrws* or a change in the dh. m wions or arse d the land or arty psrcd of which the
lend is or war a Part; or (iv) onvirwiner of Protection, or the eflsct of any violation of these laws. ordinences or gum nrattai regulations. except
loft enfant' that a notice of fl» ertiorcernwU llmm or a rrotice d a dsfsct. Ron or enaxnbrance restrikg from a violailon oratMged violation
atlecting the land hee bear recorded in the Public rocorde at Oate d Poky<
(b) Any gw mmw tit police Power not excluded by (a)above. except io the extisnt theta police of the eowdse thued or a notice of a dei*M lien or
encarrrbranos wetrMing iron a vioistfon a sisgsd violation aAscting tho land has bean recorded in the pubic 1- 1 at Derr d Pok*
2. Rigft of suetirtset olorrtaYt unless rrdico d the ecsrcise thwed her been reoords'in the public ,scads at Deft of Policy. but not excluding from
cawept w1l ftidng wl has occurred prior to Dole of Policy which wand ba birdng on rho dghte of a puroheser for vduo without lotowfedge.
3. Delrcts, ism errcumbrwxx*, s d- - dairy or other trotters:
(a) trealeel, edged, assumed or agreed b by the kmxed deinat:
(b) not la xym io the Comparr% not recorded in the public records stl3do of Poky; tut krwwn to the i s wed chimant and not disclosed in writing to
the Company by the inured deir—W prior to the dete the insured deinwIt became an insured uxudsrthis Poky;
(e) resulting in no late or damage to the insured daiment
(d) attaching or creMed KAwKluent to Dose of Poky (except to the extent
this policy irrsuree the Priority d the inn d tM insured mortgage over
any statutory ion for services, labor or n dwW or lip the extern insurance is aflorrim d heroin as b assear'oatte for street improvements under
oowtruction or canWl W at Dete d Poicy); or
(e) resulting in toss or damagt which wand not have been sustained if the insured claimant had paid value for the luatxed mortgage
4. Unenlorcesbiily of the lien of the insured mortgage because of the inability or failure of the kmxsd at Date of Poicyt or the inability or failure of
any subsequent owner of the indebtedness. to comply with applicable doing business laws of the stabs in which the land is situated.
5. Invalidity or unerviorceability of the lien d the kwured mortgage, or claim thered, which arises out d the tr Aswtion evidenced by the insured
mortgage and a based upon usury or any consumer mer credit Protection or truth in lending law.
g. Any statulory 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 t rmmx* arising from an art by ementproceeds
orwork related to the I" which is contracted d the secured by for mortgage
whi aced subsequent red has
f Policy
and is not iiranced in whole or in port by proceeds
advanced or is obligated to advance.
7. Any claim, which arises out of the tranmaction aeadng the interest of the mortgagee unwed by this Policy, by reason of the operation of federal
bankruptcy,, $left i oolvency, or Similar creditors' rights laws, that is based on: or fraiduient transfer; or
(1 the transaction creating the interest of the insured mortgagee being downed a fraudulent co"vwA rue
(i) the subordination of the interest of the insured mortgagee as a result of the Wkation of the doctrine of equitable subordination; or
(in) the transaction cresting the vu~ of to insured mortgagee being deemed a preferential transfer except where the Pretwenti0i transfer results
from the failure:
(a) to timely record the instrument of transfer or far value or a judgment a lien creditor.(b) of such recordation to impart notice to purchaser
The above policy form nay be Issued to aflord sither Standard Coverage or Exi d ri Coverage• In addtnon to the above Exclusions from
Caverage, the Exceptions from Coverage In a Stenddard Coverage Policy will also ineiode t!s following Gomnai Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not inwure aga nst ion or damage (arid the Company will not pay costs, aVmfr ys' tees or expenses) which arise by reason of
1. Taxes or asseearsnts which are not Shawn as existing liens by the records of any taxing authority that Isviee taxes or assessments on real property or
by the public records' whether or not shown by the records of such
Proceedings by a public agency which may result in taxes or assessments, or notices d such proceedings.
agency or by the public records.
2. Any facts, rights, it derests or claim which are not shown by the public records but which could be ascertained by an Inspection of the land or by making
inquiry of persons in possession thereof.
3. Easements, lions or �, orch "M #wed, which are not shown by the public records.
4. pp petrrciea, conNk in boundary tin°°. shortage in area. enaoec h ente, or any other facts whid a correct survey would disclose, and which are
not slKm by the public records. clams or title to
ning
5. (a) Urgmented mideims; (b) reservations or exceptions in patarts or in Acts auMronizirq the Issuance thrrr►sof: (e) wafer rights•
water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records.
CHICAGO TITLE COMPANY EXHIBIT B
Issuing Office:
110 West Taylor Street
San Jose, California 95110
Phone: (408) 292-4212
David Benjamin
Coldwell Banker
12029 Saratoga -Sunnyvale Road
Saratoga, California 95070
Datedasof. April 5, 1996 at 7:30 AM
Escrow Location:
12156 Saratoga/Sunnyvale Rd.
Saratoga, California 95070
Phone: (408) 973-1900
Fax: (408) 973-8778
Escrow No. 000760012 SL
ESCROW OFFICER: Sharon LaFountain
Order No. 760012 VW
Reference:
Regarding. Lot 5, Charsan Lane
Cupertino, California
In response to the above referenced application for a policy of title insurance,
CHICAGO TITLE COMPANY
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance
describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by
reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B 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 the attached list. Copies
of the Policy forms should be. They are available from the office which issued the report.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may
not list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE
PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AN 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:
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY
- ►
Virginia Williams
Title Officer
PFPPS - 11 /07/94 AA
SCHEDULE A EXHIBIT B
-der No: 760012 VW Your Ref:
1. The estate or interest in the land hereinafter described or referredto covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
Charsan Properties, A California Limited Partnership
3. The land referred to in this report is situated in the State of California, County of SANTA CLARA
and is described as follows:
All that certain Real Property in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
Lot 5, Tract No. 8352, which Map was filed for Record in the Office of the
Recorder of -the County of Santa Clara, State of California, on December 2,
1992 in Book of Maps Numbered 642 at Pages 25 and 26.
Excepting therefrom the underground water or rights thereto, with no right of
surface entry, as granted to San Jose Water Works, a California Corporation,
by Instrument Dated March 12, 1993 and Recorded May 21, 1993 in Book M791 of
Official Records, Page 319.
PREUMA-9/27/93bk
SCHEDULE B
EXHIBIT B
Page 1
)rder No: 760012 VW
Your Ref:
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy
form designated on the face page of this Report would be as follows:
A 1. Taxes for the fiscal year 1996-97, a lien not yet payable.
e 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.
C 3. An easement affecting the portion of said land and for the purposes
stated herein, and incidental purposes,
In Favor Of: City of Cupertino
For: Storm Drain Purposes
Recorded: July 21, 1987 in Book K231 at Page 1567 Official
Records
Affects: As follows:
Beginning at the'Northwest corner of that certain Parcel of Land as
described in the Deed from J. W. McCann and Pearl McCann, his wife to
Oswald Davis and Minnie R. Davis, His Wife recorded September 24, 1953 in
Book 2728 of Official Records at Page 268, Santa Clara County Records;
thence from said Point of Beginning along the Westerly line of said
Parcel S 0 deg 26' 00" E 218.00 feet; thence leaving said Westerly line
N. 89 deg 34' 00" E 110.87 feet to the Easterly line of said Parcel;
thence along said line N 19 deg 35' 00" W 230.88 feet to the
Northeasterly corner thereof; thence along the Northerly line thereof S
89 deg 24' 00" W 35.13 feet to the Point of Beginning.
And Recorded: November 5, 1992 in Book M470 at Page 1164 Official
Records
E 4. An easement affecting the portion of said land, the exact location
thereof cannot be ascertained of record, and for the purposes stated
herein, and incidental purposes,
In Favor Of: The City of Cupertino
For: Ingress and Egress to the Storm Drain Easement
shown above
Recorded: July 21, 1987 in Book K231 at Page 1567 of Official
Records
F And Re -recorded: November 5, 1992 in Book M470 at Page 1164 of Official
PREUMe-8/7/91-+rc
SCHEDULE B EXHIBIT B
Page 2 (continued)
`cder No: 760012 VW Your Ref:
Records.
G 5. "If an Alta Policy is requested, this Company will require an Inspection
prior to the Close of Escrow."
6. The herein referred to property appears to be free and clear of any Deeds
of Trust or Mortgages. Please confirm if this is the case.
I 7. Any claims of Lien that may be filed against said land by reason of the
construction of a Work of Improvement thereon.
J END OF SCHEDULE B
K NOTE: 1 The records of Santa Clara County Recorder's Office disclose a
Certificate of Limited Partnership recorded as follows:
Name: Charsan Properties, A California Limited Partnership
Recorded: September 10, 1992 in Book N370 at Page 0429 of
Official Records
General Partners: Charsan Development, Inc.
L NOTE 2 : Title of the vestee herein was acquired by deed recorded prior to
six months from the date hereof.
M NOTE 3 : If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's
or Lender's policy form has been requested, the policy, when approved for
issuance, will be endorsed to add the following to the Exclusions From
Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the interest of the
mortgage insured by this policy, by reason of, the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is
based -on:
(i) the transaction creating the interest of the insured mortgagee being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of equitable subordination;
or
(iii) the transaction creating the interest of the insured mortgagee being
deemed a preferential transfer except where the preferential transfer
results from the failure:
(a) to timely record the instrument of transfer; or
PREUMBC-9/23/93bk
SCHEDULE B EXHIBIT B
Page 3 (continued)
^cder No: 760012 VW
N
5
Your Ref:
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
Owners Policy Exclusion:
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 by this policy being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or
a judgment or lien creditor.
NOTE 4 : Effective July 1, 1994 all documents to be recorded in California
must conform to the following:
(A) A page for the purpose of recording shall be one printed side of a
single piece of paper which is 8 1/2 inches by 11 inches.
(B) A sheet shall be one printed side of a single piece of paper which is
not exactly 8 1/2 inches by it inches but not greater than 8 1/2 inches by
14 inches.
(C) If a page or sheet does not conform to the dimensions of 8 1/2 inches
by 11 inches the recorder shall charge $3.00 extra per page or sheet of the
document.
These changes are pursuant to Government Code Sections 27201, 27361 and
27361.5 which were enacted in the 1992 Legislative Session to be effective
July 1, 1994.
NOTE 5 : Short Term Rate
NOTE 6 : For Informational Purposes, the General and Special Taxes and
Assessments, if any, for the fiscal year 1995-1996
Assessment No.: 362-10-059
PFEUMBG9/23/83bk
SCHEDULE B EXHIBIT B
Page 4 (continued)
der No: 760012 VW Your Ref:
Code No.: 13-069
First Installment: $1,236.81 PAID
Second Installment: $1,236.81 PAID
Assessment Valuation Of
Personal Property: NONE
Homeowner Exemption: $None
Q AM/c4
PREUMBG9/23/93bk
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EXHIBIT
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EXHIBIT B
EXCLUSIOM
in addition b em axosptiona in Sct*dii % you are not insrBed a9B1 ' foes. COMB. atbrney'a fans and •agrws nserritleq Irony
1. Gw#wrrrm" po&m power, and Ohs exisbna or viollWon of arty law or govwnmrrt rsgiiMbn. This kwkjdae building and zoning
ordirnsncss and alto imW and raquist W ConcWF* _:' '� .
• Irrd ur • lard division
• knprar am" an tla lend • envborrranW pralecdon
This trrclrrsion doss not appy to the violstlom or on •rNacwnsrk of Siam masers which appear in die public rscards at Poffcy Deis.
This eactnabn doss not * MO tfa zonlrrg ctiovwaP dsecrbad in Iarra 12 and 13 of Covered TOOM Ricks.
2. The dgM to W* Ms WW by condsn+rMnp M. urdaes:
• a notes d err, , , g tta right appease in ttre public reoords an Ma Poic3► Do*
• Ma ld tg Impg - pdar to tla PWW Dab and is binning on you if you bought Ohl Hand wfMo A knowing d Vw telling
3. Tide NOW
• fhb are creels f allowed, or agreed to by you
• sisal are lneown tO you, bet not lD us, an the Poky Daft- unless f" appeared in We pubfie records
• MM result in no lost to you
• Mal *a aflsct your olds after the Polcy Dab - dw does not limit the labor and. mm Ilan coverage in ifrn 8 of Covwad Title Risks
4. Feb" to pay value for your Me.
S. Look of a right
• to arty Maui outside sloe am epecincely described and relwred loin ibm 3 of Schedule A, or
• in streea. alleys, or wa a ways that touch your fend
This exckaion does not knelt rie access coverage in lam 5 of Covered Title Rita.
In aL.-...on to the Excknions, you an not ironed apsing IOW Cosa, O%Orrreyt' fees and er 10 1 rserritkng from:
1. Someone eisiming an x*~ in your Ord by reason of
A. Eawnwft not drown in the public low
B. 8ou ndwy dl prMe not shown in the pubic reoords
C. MVmvwnsnts owned by your neighbor placed on your tend
2. If, in addition to a single fam y yes- - - -, yar axiMing stnrcu" oonsi I d one or mare Additlonef Dweav thins, tam 12 of Covered
Title Rieke does not insure you aWW lace, coeb, enamels' leas, and expaness ie AMV bonny:
A. The broad hen d any Additional DvmWng Unit. or,
9. The booed Corrvraion of any Add ilond Dwe" Unit buck b MB arfgid use,
if said AddWonai Dw@&V unit wee eamr consirucled or corrvwad to use as a dwsing unit in vkltron of any iew Cr government
fePAMIon-
EXHIBIT B
AMOKM! LAND TITLE ASSOC3 MM OWWMIS ?OLifC1f (10-17412)
and
AMENCAN LAND TITLE ASS00ATION LEASEHOLD OWNER'S POL= (10-17412)
EXCLUSIOW I COVERAGE
The
kdowitq I are NIP arcbuded loom she cc - @ pe of rib tom► and in Carapmny wi not pay lose or creeps, eoses, anonhsya' tee. or
sogfensse which arise by reason of
t- (a) Any law, ardrerhoe «govenrrwheaf reprialiorh (irrelrrdihp but not tkrhilad stbuidrq and xortirq bees. ordiharress, orrepuiatlons) reMricting.
,�,a y�ri fr gar , - g to (A live occuper cy. Lose. ««ijorr+srrt a live tarrd: tiq the awacteo area
eroons «Ixdion a parcel
i of whid �errt
now orthsreaOsr sncae 'on do land: (lif) a ssparalion in ownsrehfp ora dhrhpe in five dnwfeions or d the lard «any Dt�d io which the
or the sn r i a any viotedon d theme Maas, ord uncle or9orsntinsnfal repulaeions, except
Ford M «was a part+ or(ivj s vn ernsnW prolscflrxh, irons a vioMlfon «alleged vfoistim
_ b the eodant anal a nolfca d 1M Mhfmhcanwht afhreof «a noaoe d a daNd. ton «srhChrrhbrarroe taaruiirq
aftcilnp the tend lies been raoarisd in ale pubic nacou I M Dale of Poicic
(b) Any go I pie power not ecbrded by (Oshore• 0100041101110 s411 - the a notice d tits eoosrcYe tteersol ors, noaiom d a defect, iisn «
srheunhbrereoe raarrlfrrp irmrru a visMron or aYped vioMraon alUci g the lend hme been on 1- ib the pabfe records at DaM cf POWA
2. Rfp1Ms of saiwht daaeih uses rhotica d the srwcMe triued hem been reoaded in e» putft recarhie at Dsle d iltilc t but not emduding from
caerape sey isi ft which hem occury d prb►to DMe d Poiq whbh would be birhdnp on the riphas d a pudhaser for value "llWUt laxrwtedps.
3. Dslecia.fans. whohrrdfrerhoee. adhiewe claims of dew mMesrx
(y e+esred. safiered. aswrasd a agreed to by tiles hrwwd dairrrrt: _
title Coraparrl► by Mhe irseaed daimanl prforin� dale � inwrsd cieimant becan+e immured under Oft � and not disdoeed in writirW to
(c) rss Alm in no bee or Ie to on' 11 eiminanh
(d) Mddhing orcrealad wbemgwn[ 10 DOW d PdW. «
(a) resulting in lose ordarrh -9 wAieh world not tare been shwtaied if tie insured cMirhrht had paid value for the sseMe «ineerest irteued by tthis
poky
4. Any claim whidh ariese Out of Me lush -section vedfnp in the insured the ssMU or inbreet inured by this ply, M resew Of the Operation
of tedaral bwdwupL-f, stole insotrency, or shofar craA m ' rights Mws, that is bawd on:
() tie tr--- -+,M
liar crw- ris sMore ineenet insured by this policy being deemed a bux*A nt co m wFhsre
(a) the bwmcfion creasing tfhe so Me OfhAm insured bye* policy being dsoms 'a prefmrerrtid
to pre0srantimi
tranelm remuie from the lanes-.
(a) to tinily reoad the inatument of trande1 or
(b) of such recordation to k.gm notice 10 a purchaser for vaium or a judgment or lien credit.
T1e aloe" pofiay loose aa� M Meseta ore aflsrel eMlrw slyderd Corerape or thuMrrfamd t�rsrare. M addtllew to due shore bochraions from
Conerape, tips E�oosworre frerrr t'oaew/e in a slawdarhtl Corerape poMcy.rltt aMo irNw/e the tbi>owirhp amneral w
This poWy doss n x insure against loss or drrepm (and its Garhparry wii not pay casts. atbrreys' fees orsxpwwss) rrthich aria by mason of
1. Taxes or asessrnw" rlAhiclh are not shown w wjmkhq fee by the records of any tnrinp sutihorlty that bviss taxes or asssssmsnb on red property Of
by tee Public nsoords
Proceedings bye pubic apsWy wNch may result in tares «aseemerrmeroW or rholbs - d such proomsdihps. wletnsr «mot shown by do records of such
apsrhay orby tits pullft rtaoord-
2. Any leas. riphas. irlarNls «dins which are not strewn by t to pubic records but which oorfd be asosraaihsd by an ihspecdon d tie lerd or by msitihp
kvp*y of parsorhs in posesssiorh Mhsred.
3. EmesnenM Ism or ancumbranoss. or cieine tlhsreof, which are not shown by tits pubic records
4. OMaepanoims, aonAeri in bouhdary ties, athatape in area. srhaoacrnerhts. or any owsr M M wihidr a 001- Lousy would disclose, and which are
not atom by tine pubic recede deima or We w
S. (a) � � j cisirm (b) nmemeaiore or exosplbahs in pulants or in Acas audhoriziq the issuance awed: (c) "sear ripthb.
welsf wlwdhsr or not the mMMrm sxospMd under (a). (b) or (c) we shown by do pubic recede.
EXHIBIT B
M"ICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
end
AMEMAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-1742)
EXCLlJSiONS FROM COVERAGE
The crowing mars are expressly aowiudad horn the coverage of this policy and the Company will not pay loss or demegs, costs, attorneys' fees or
expenses which arise by reason ot:
I. (a) Any law, ordrwtce or governmental regulation (krdudirg but not invited wbuilding and zoning laws, ordinartr or regulations) restricting.
regulating. prohribid or misting to n tie ocuupanc% use, or env joymert of the land: (1) the dra acW dirnensionrs or location of any improvement
now or hareafler erected on "lend; (Me separation in ownership or a longs in the dineceiorm or area of the land or any parcelof which the
land is or was a pars: or (M onvfronmmnl pnouclion. or the sated d any violation d thew laws, ord wxm or gowrrxrentel regulations, except
to the eodsrrt that a notice d the eMorrwnsnt ihsrsd or a notics d a defect, sn or encuurmbrance resuitirg from a vitiation or asegad violation
aifedkg #0 land has bow recorded in the public records at Date of Pdicyc
(b) Any governmer" police pourer not a wkmW by (a) above, excgx to the extant that a notice d the exercise tiered or a notice of a defect. Ben or
encunttmwwe rssuirrg from a violation or asgsd vbia fon aHsctirg the land has been , cark in the pubic records at Dale of Policy:
2. Rights ot earIw dornek uni ss rrotics of the .ouerciw thereof has been recorded in the public records at Dale of Pok-A but not excluding from
coverage any inking which has occurred prior to Deft d Policy which would be binds on the rights d a Arch eaw for value without knowledge.
3. Delecls, inns. sr curribranas, adverse rim' orodw matfsrs
(a) area- ' suufNred, a:.xxaed or agreed to by dw insured dairrient
(b) not known to the Conrpny. not r- r o rf d in tha public reCorda at Date of Policy. but known to the insured cisknant and not dieCioeed in writing to
the Compery by the insured cleinant prior to the data the insured claimant became an insured under On policy;
(c) resulting in no leas or denrage to the insured claimant
(d) atiechng or created subsequent to Dale of Poky, or
(a) resulting in loss or damage which would not have been sustained d the insured claimant had paid value for the, or interest insured by this
Poky
4. Any Maim, which amass out of the transaction vaefng in the insured the estate or irterse insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or sanilar creditors' rights laws, that is based on:
@ the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(u) the trarmaction crsding the estate or interest irmcred by this policy being deamed a prefererntid trarmter except where the preferential
trannier results from the failure:
(a) to timely record the instrument d trwWar or
(b) of such recordation to impart notice to a purchaser for value or a judgment or Ben creditor.
The above policy forma rMy be issued to afford hither Standard Coverage or Extended Coverage. In add i n to the above Exclusions from
Cawrege, the l xeepdone from Coverage in a Standard Coverage porcy will also kv* de tlw h0owing General Exceptions:
This policy does n.-st insure against loss or damage (and the Company will not pay costs, atbrneys' fees or expenses) which arise by reason of:
1. Taxes or assesornents which are not sl Kw n as existing Bern by the records of any taxing au#Kx* that kvfee taxes or aeeesernents on real property or
by the public records.
Proceedings by a public agency which may moult in taxes or aseseererrts, or notices of such proceedings, whether or not shown by the records of such
agency or by the publicrow
2. Any facts, rights. irntsrests or chins which are not shown by tha public ns a n rl but which couid be swertsin ed by an iruepeck d l e bud or by making
inquiry of persons in possession dared.
3. Easemeras, flare of encumbrances, or maims thersd, which are not shown by the public records.
4. Discrepencies, oornlrc' in boundary lines. shortage in area. erwnxkchmwft, or any odm tads which a correct survey would disclose, and which are
not shown by the public records
S. (a) lhnpabnled mining deinw; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims Of title to
wad whether or not the matias @=speed under(a), (b) or(c) are shown by the public records.
EXHIBIT B
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
CALIFOR*11A LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The 1101110M matters a a mpeaiy excluded horn the coverage of this policy and the Company wit not pay loss or damage. costs, atlomeys' fees or
expaneas which arias by reason oF. restricting,
1., (a) Any law. ordinancern
or 9ovemental regulation (including but not limited to building and zoning laws, ordinances. or regulstirs)
_ regulating, prohdftV or r6ja&V to 0 the occupancyt use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement
now a her afar etsnded on the land: (iii) a separation in Owne�ip or a dwW in the dimensions or SM d the land or arty parcel d which the
land a or was a part; or (iv) environ menW protection, or the effect d any violation d these laws, ordinances or govermrm er" rep ions. except
to the exleg that a notice d the enkmamam thereof or a notice of a dsiea Been or erxumbrancs rse"NJ rg from a violedon or alleged violation
aflectirg the land hes been recorded In the public records at Dale of Policy,
(b) Any goverratnarMU polm power not excluded by (a) above. except to Ue e11, -that a rmotioe d the exencee dwarf or a nn d r d a defect. lien or
encumbrance maauirrrg iron a riaulalion or alleged vioYion aAactkg the wand has been recorded in the pubic roads at Date Of Policy.
in -the public ca A
Dolls of
but not excluding from
covuage a W tel" ~Mich occurred prior to Date d Policy wfticlt woulddbba��
bNrding an the rights ad pa� xvalu witl— ivwowtedge-
3.�' Defects. !ens, encumbrances, adverse claims Or Odw metiers:
(a) whether or not recorded in the pubic records at Dee of Policy: but created, suffered, assumed or agreedto by the insured clamant:
(b) not known to this Conrpenyf notrem Bed in the public 'am at Date d Poift but known to the insured dairtw a slid not disclosed in writing to
the CwWM by the kmred claimant prior to the dais the insured claimant became an insured under this policy:
(c) resulting in no lose or damage to the insured claimant:
(d) sttsctwirg or created subsequent 10 Date of Policy: Of or the estate or
(e} resulting in loss or damage which would not have bn eesu stained if the insured daimant had paid value for the insured mortgage
interest inared by this policy.
4. Unenfoicembilily of the lien of the insured mortgage because of the inability or faduure 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.
3. 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 -im4en dirig law.
6. Any claim, which arises out at the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest
of the insured iender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE
loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of:
This policy does not insure against the records of taxing authority that levies taxes or assessments on real property or
t . Taxes or asseos+rwena which aro not shown as existing liens by �Y
by the public records.
or assessments, a notices d such proceedings, whether a not shown by the records of such
Proceedings by a public agency whiclw may result in taxes
agency or by the Public records.
. rights. inl@ wo or coins which are not strum by the public records but which could be ascertained by an inspection th
spection e land or which may
2. Any facts
be asserted by persons in pmeaggion thereof.
3. Easemants, liens or encumbrances. or claims thereof, which are not shown by the Public records.
4. OiscrepOnd"• oorlM I in b"Wary ees, shortother facts in area, encroachments, or any othfacts which a correct survey would disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims: (b) ovations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights, Bairns or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
ReorderForm No. 12599 (Rev. 2193)