LLA-Harold L. Jordan& Judith Wardell Halliday-10952 Stevens Canyon Rd-APNs 356-01-017 & 356-01-011M'�qz".
RECORDING REQUESTED BY
City of Cupertino
WHEN RECORDED MAIL TO
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
NO, FEE IN ACCORDANCE
WITH GOV. CODE 6103
15147228*0015147228*
Titles l / Pages 35
Fees.... 109.00
Taxes...
Copies..
AMT PAID 109.00
BRENDA DAVIS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
First American Title Company
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
LOT LINE ADJUSTMENT
HAROLD L. JORDAN, SURVIVING JOINT TENANT - APN 356-01-017
AND
JUDITH WARDELL HALLIDAY SUCESSOR TRUSTEE OF THE WARDELL
FAMILY TRUST — APN 356-01-011
RIDE # 004
2/09/2000
8 00 AM
Original
Ci For Fast Endorsement
RECORDING REQUESTED BY: City of Cupertino
RETURN TO: City of Cupertino
10300 Torre Avenue
Cupertino, Ca 95014
LOT LINE ADJUSTMENT
PROPERTY OWNERS: Harold L. Jordan, surviving joint tenant (Lot 53)
Judith Wardell Halliday, Successor Trustee of the Wardell
Family Living Trust (Lots 52, 56A, 56, 57)
ACTION BY THE CITY ENGINEER APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO OR MORE
ADJACENT PARCELS
BE IT RESOLVED BY THE CITY ENGINEER OF THE CITY OF CUPERTINO:
A request for a lot line adjustment between Lots 52, 53, 56A, 56, 57 as designated on the
attached plat and descriptions marked Exhibit "A" and attached hereto, has been submitted by the
record owners of the above properties (as shown in Exhibit "B", attached) of the City of
Cupertino with the request that an adjustment of lot lines be approved by the City Engineer.
The City Engineer hereby finds that the lot line adjustment requested is between two or
more adjacent parcels, that the land taken from one of the parcels is added to the adjacent parcel
and that a greater number of parcels than originally existed would not be created.
Based on the above facts and findings and by the authority of Section 18.08.01 OH 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 withoutfurther act of the City of
Cupertino, in the event that the change in title interest of ownership (including lien holder
interest) is not recorded by Grant Deeds within twelve (12) months from the approved date
and/or in the event that any change in title interest of ownership (including lien holder interest)
from the specified on the preliminary title report designated on Exhibit "B" and attached hereto,
occurs prior to the recordation of the grant deed conveying the real property in conformity to
Exhibit "A".
Approved this V day of 2000.
BERT VISKOVICH
CITY ENGINEER
2000
EXHIBIT A
LOT 52 EXISTING CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 52 as shown on the map entitled "Map of 9"' Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said Lot S39" 12' 11 "E 125.00 feet; thence along the Southerly line of Lot 52
S50"47'49"W 100.00 feet; thence N39"12'11"W 125.00 feet; thence along the Northerly line of Lot 52
N50°47'49"E 100.00 feet to the point of BEGINNING
Containing 12,500 square feet more or less and being all of Lot 52 as shown on the aforementioned
map.
AREA TO BE TRANSFERRED FROM LOT 52 TO LOT 53
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 52 as shown on the map entitled "Map of 91h Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records and proceeding
along the Easterly line of Lot 52 as shown on said map N39°12'11"W 18.50 feet, thence proceeding
parallel to the Southerly line of said lot S50°47'49"W 100.00 feet; thence proceeding along the
Westerly line of said lot S39012'11"E 18.50 feet to the Southerly line of said Lot 52; thence along said
ne N50°47'49"E 100.00 feet to the point of BEGINNING.
Containing 1,850 square feet more or less and being a portion of said Lot 52.
LOT 52 NEW CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 52 as shown on the map entitled "Map of 9rh Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said Lot S39° 1211 "E 106.50 feet; thence parallel to the Southerly line of Lot 52
S50°47'49"W 100.00 feet; thence N39°12'11"W 106.50 feet, thence N50047'49"E 100.00 feet to the
point of BEGINNING.
Containing 10,650 square feet more or less and being portions of Lots 52 and 53 as shown on the
aforementioned map.
\docs\jor-hal-exa.doc
tin. 2059 w
Jae _C►';11. :.,�`�' ,
a
2) C-)
o W(nEFKW
D
0
� �� � �W
D
Cu
o
Z0CD oG)
o
?
Zcl) �_�_
°_
`0'
3
tD
o oy°' Z
p Z
5
o� CD �� z
z
w
0
(°
W p
m y�-n - Z
sv
(a
0� CD
-4 m� Z
m
�
� �; � ,� �
; CD =r . m
X
n
w
z Ri � :' N v
v
cOOr�
C- Z., (n
a
00
3
v,
Zoom
o
o
m�,
v oo
o
0
aoo
u
o°
o
�
c
Q=e°
U co
CD
a
C:) s
0)a
w
CD
oo mm aoCD
1' CD c
-ti Q- OL
CD
o
�,
=L
cn � ° Q-
o
-�,
m 505'w
w
CD (0S'o w
CD
CD
�
o
CD
mmm0
03 �
Q
.
o
w
r
-�O
5
m
�X
w-08
o
rriv.`n �8
n
c
O�
CD Np
�'
O JCL O -,
a
0 ���''CD
W
CD
CAD O �M
o -�
CC
-*�o cn
2)
�
C)a
m
:3
ar
OZ0��
N p �0N
tll
W
Z
\
CD Cn CD c
N
Z
N
CD co 3 (D w
Nt7
0
�� �3
"
N
p
O
G)cn 0) In
O
N
p
CD C) o
a'5
ocp
C—o
�Zc
= 11)
0CD0n
Ca=O
O 3
-^ CD o
`�
o
-+k
`� O -' v 0
o N_
0
08�'nCD
O
cl)_
°'
M(D-;�'m
^°i'cov3
o
Z
0 *3
nni
0
r°r.
c'
(n ., nv
3
°
��o v
3
N
CO � CD O (D
75
CD
w
d- (D Cn � N
0
Cv'
-; o
tv =
c� ,<X.I
p cD -4% =
m
0 CD
co°
-1
CD CD CD
0
0
CA
mzmii
I
3a�
m
w
a� ,,< a v
� (D N M
-0
°-
(n'
co cn Zs
0CDm
au
M fl. ° �,
�pca 8 CL
w
3�
0
o
^' r cD Q
N
0
N
0
0
p O o ID
��
r
m 0
�i
8
CD
ow(a
amCo(
30
zv>-9W
D
0
-0
a0ro m
o
3
yy� °' Z
CD
v
cQ
��vZ
mcn
m
N
h
0oCDD
D
0
r+
ono 0 m
o
CD
U)
O
mN
Z
mvao
;I.D
m
CD a°
°' m
0
o�05v
0
o
m�
8
co
m
o
�0CD
oCDw
5.
rn
l<
::3 Z -0
c
N
OCfl No
(DO
� 3
m
M r-
°
(j)
�7
a
Z�NJ
c
Z t j Q-p W
0
-+� (Q N
n
(Q
O CD CD Cn
_
CD
0
0
o
CD •y
15Cn
0
r
•-• ° v p
(D
r
o
O
0
mgnm
N
p (a v 3
O
0
0
p
0CD .
O
CD
� c °
m � =
a
CD
-i
O
=
o CD
Zc -�
O
w
rlCl
GJ
CD Q
CD
CD
CD
= a
a
v
— cp
o
'
m m CD
C
o °
CD
o-h8A
0
0q0
A.
cilcn° o
TL
w W (ra =3
r-
O
Ul
w
X
0
"n
C
Z
t
AREA SUMMARY
LOT EXISTING PROPOSED
SQ. FT. SO. FT.
\ 52 12,500 10,650
SCALE: 1 =60' 53 12,500 14,350
"p \
POB EXISTI LO 2 \ \
AND NEWl OT 52 CONFIGURA
O
EX. STRUCTURES
J 5h ��O \� 6, o TO BE REMOVED
POB ANSFERR D EA
XISTING PROPERTY LINE
POB EXISTING LOT 53
S so• AND NEW LOT 53 CONFIGURATION
.50
NEW P OPERTY LIN
�50 S50'4 ' 49"W 100.00' -..�
o. `. w Q(t0f ESS
9
If, C�o 2°
56 moo. CIVIL
CF CA01
APN 356-01-017
55
LEGEND
RICARDO ROAD
40'
�— PROPOSED LOT CONFIGURATION
--- EXISTING PROPFPTY i iNiF
LOT LINE AS SHOWN ON P-M-16
LOT NUMBER AS SHOWN ON P-M-16
PLAT TO ACCOMPANY EXHIBITS A AND B FOR A LOT LINE
ADJUSTMENT BETWEEN LOTS 52 AND 53
AS SHOWN ON THE MAP RECORDED -tN BOOK P OF MAPS AT
PAGE 16, SANTA CLARA CO. RECORDS.
LOCATED IN CUPERTINO, CALIFORNIA
JOBS\HALADAY\HAL52-53.DWG
EXHIBIT A
LOT 57, EXISTING CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 57 as shown on the map entitled "Map of 9"' Addition
Morita Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot S39012'11"E 151.60; thence parallel to the Southerly line of Lot 57
S50°47'49"W 109.74 feet; thence N32019'08"W 30.00 feet to a point in the Southerly line of Lot 56A
as shown on said Map; thence along said Southerly line N50047'19"E 6.15 feet; thence along the
Easterly line of said Lot N39012'11"W 50.92 feet; thence N32019'08"W 23.90 feet to a point in the
Southerly line of Stevens Canyon Road (shown as San Jose Road on said map); thence along said
Southerly line N24°53'23"E 107.99 feet to the point of BEGINNING
Containing 12,937 square feet more or less and being a portion of Lot 57 as shown on the
aforementioned map.
AREA TO BE ADJUSTED BETWEEN LOTS 56A AND 57
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 56A as shown on the map entitled "Map of 9"' Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
`.he Southerly line of Lot 56 S50047'49"W 6.15 feet; thence N32°12'11"W 51.28 feet; thence along the
Easterly line of said lot S39012'11"E 50.92 feet to the point of BEGINNING.
Containing 156 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
LOT 57, NEW CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Northeasterly corner of Lot 57 as shown on the map entitled "Map of 9t" Addition
Morita Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot S39012'11"E 151.60; thence parallel to the Southerly line of Lot 57
S50047'49"W 109.74 feet; thence N32019'08"W 105.18 feet to a point in the Southerly line of Stevens
Canyon Road (shown as San Jose Road on said map); thence along said Southerly line N24°53'23"E
107.97 feet to the point of BEGINNING
Containing 13,093 square feet more or less and being a portion of Lot 57 as shown on the
aforementioned map.
\dots\jor-hal56a. doc
REV. 1-13-00
�ROf ESS/431)�
Q�,
E.
9
w m�
� N . 059 rM
ar„ CfVfit- 2-,:!
P Frl
Z
0
.< v
0'^
4� V
M
D �
a r
:D O
D --q
.0 n
-+ O
< z
,Tj c
D
� I
O
z
m
O-P
Z S�Ci
O ZNS
J c,0� ®� S51 cANY
9, O
Vi r*i O
,,, N 08 •1 2 '32 p'E
120.00,
lb
p
O
Om 3rQ, O
O X F ��
Olb
z
c) 3r-
-o Cy
0
1 m
0 �/%
X)ANO
mmm-TtZp
n n r- �
rm
O O
O
cyl
D�o0)m
Sys REGISTF� m m > V)
1
c13 ov�/GN m��
T, P X m
�
< o :^ vmi rn m
v m O .x O Om
i
N�1a �po--z
33N D
r
n
D
r
m
rn
C
r
J D O
cn m
N
fJ X
m
W
(n
-T1 _1
D
-iz
c
p
C
m
�
L �O
m
0
EXHIBIT A
LOT 56, EXISTING CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9t' Addition
Morita Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Southerly line of Lot 56 S50047'49"W 118.01 feet; thence N32°19'08"W 100.73 feet; thence
parallel to the Northerly line of Lot 56 N50047'49"E 105.94 feet; thence along the Easterly line of said
Lot S39°12'11"E 100.00 feet to the point of BEGINNING
Containing 11,018 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
AREA TO BE ADJUSTED BETWEEN LOTS 56 AND 57
All of that real property located in Cupertino, Santa Clara County, California described as follows:
Beginning at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9t' Addition
Morita Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot N39012'11"W 68.50 feet to the TRUE POINT OF BEGINNING; thence
parallel to the Southerly line of Lot 56 S50047'49"W 109.74 feet; thence N32019'08"W 31.73 feet,
thence parallel to the Northerly line of Lot 56 N50047'49"E 105.94 feet; thence along the Easterly line
of said Lot S39°12'11"E 31.50 feet to the TRUE POINT OF BEGINNING.
Containing 3,397 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
LOT 56, NEW CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9t�' Addition
Morita Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Southerly line of Lot 56 S50047'49"W 118.01 feet; thence N32019'08"W 69.00 feet; thence parallel
to the Northerly line of Lot 56 N50047'49"E 109.74 feet; thence along the Easterly line of said Lot
S39012'11"E 68.50 feet to the point of BEGINNING.
Containing 7,801 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
\docs\jor-hal57A. doc
rev. 1-13-00
QRpF ESSIp49
E• tc ��,
rn
z
�C-7 No. 20597 ;T
Zo
JF CAU4��
0
EXHIBIT A
LOT 57, EXISTING CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 57 as shown on the map entitled "Map of 9ti' Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Southerly line of Lot 57 S50047'49"W 105.94 feet; thence N32019'08"W 73.45 feet to a point in the
Southerly line of Stevens Canyon Road (shown as San Jose Road on said map); thence along said
Southerly line N24°53'23"E 107.99 feet; thence along the Easterly line of said Lot S39012'11"E 120.10
feet to the point of BEGINNING
Containing 9,696 square feet more or less and being a portion of Lot 57 as shown on the
aforementioned map.
AREA TO BE ADJUSTED BETWEEN LOTS 56 AND 57
All of that real property located in Cupertino, Santa Clara County, California described as follows:
Beginning at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9"' Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot 'N39°12'11"W 68.50 feet to the TRUE POINT OF BEGINNING; thence
)arallel to the Southerly line of Lot 56 S50047'49"W 109.74 feet; thence N32°19'08"W 31.73 feet;
thence parallel to the Northerly line of Lot 56 N50047'49"E 105.94 feet; thence along the Easterly line
of said Lot S39°12'11"E 31.50 feet to the TRUE POINT OF BEGINNING.
Containing 3,397 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
LOT 57, NEW CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 57 as shown on the map entitled "Map of 9ti' Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot S39012'11"E 31.50 feet; thence parallel to the Southerly line of Lot 57
S50047'49"W 109.74 feet; thence N32019'08"W 105.18 feet to a point in the Southerly line of Stevens
Canyon Road (shown as San Jose Road on said map); thence along said Southerly line N24053'23"E
107.99 feet; thence along the Easterly line of said Lot S39012'11"E 120.10 feet to the point of
BEGINNING
Containing 13,093 square feet more or less and being a portion of Lot 57 as shown on the
aforementioned map. o0f ESSlpN
4o S E. h 9e
+docs\jor-hal57 B. doc
REV. 1-13-00
No. 20597 R,
CIVIL
CAl.1F�
AREA SUMMARY
SCALE: 1 "=60'
51
PN
X1.
—oi —noi
�1 t` 31.50'
31.73'
' 56
6, �o
O.
LOT EXISTING PROPOSED
SQ. FT. SQ. FT.
57 9,696 13,093
56 11,018 7,801
O Q QRQF E;
E.
EXIS G LOT LI
No. 20
NEW PROPERTY LINE
0
APN 356-01-017
55
LEGEND
54
40'
RICARDO ROAD
z
m
m
PROPOSED LOT CONFIGURATION
-- FXISTING PRnPFRTY i._iNE
LOT LINE AS SHOWN ON P-M-16
5� LOT NUMBER AS SHOWN ON P-M-16
PLAT TO ACCOMPANY EXHIBITS A AND B FOR A LOT
LINE ADJUSTMENT BETWEEN LOTS 56 AND 57 AS SHOWN
ON THE MAP RECORDED IN BOOK P OF MAPS AT
PAGE 16, SANTA CLARA CO. RECORDS.
LOCATED IN CUPERTINO, CALIFORNIA
\JOBS\HALADAY\HAL57 REV. 1-13-00
EXHIBIT A
PORTION OF LOT 56, EXISTING CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9th Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Southerly line of Lot 56 S50047'49"W 118.01 feet; thence N32019'08"W 50.36 feet; thence parallel
to the Northerly line of Lot 56 N50047'49"E 109.74 feet; thence along the Easterly line of said Lot
S39012'1 VE 50.00 feet to the point of BEGINNING
Containing 5,750 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
AREA TO BE ADJUSTED IN LOT 56
All of that real property located in Cupertino, Santa Clara County, California described as follows:
Beginning at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9th Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Easterly line of said lot N39012'11"W 50.00 feet to the TRUE POINT OF BEGINNING; thence
parallel to the Southerly line of Lot 56 S50047'49"W 111.98 feet; thence N32019'08"W 18.64 feet;
`hence parallel to the Northerly line of Lot 56 N50047'49"E 109.74 feet; thence along the Easterly line
of said Lot S39012'11"E 18.50 feet to the TRUE POINT OF BEGINNING.
Containing 2,051 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
PORTION OF LOT 56, NEW CONFIGURATION
All of that real property located in Cupertino, Santa Clara County, California described as follows:
BEGINNING at the Southeasterly corner of Lot 56 as shown on the map entitled "Map of 9th Addition
Monta Vista" as recorded in Book P of Maps, at page 16, Santa Clara County records; thence along
the Southerly line of Lot 56 S50047'49"W 118.01 feet; thence N32019'08"W 69.00 feet; thence parallel
to the Northerly line of Lot 56 N50047'49"E 109.74 feet; thence along the Easterly line of said Lot
S39012'1 VE 68.5 feet to the point of BEGINNING
Containing 7,801 square feet more or less and being a portion of Lot 56 as shown on the
aforementioned map.
\d ocs\j o r-h a l-exc. d oc
rev. 1-13-00
Q�4FESSIn
E. NF`,� `1
w`�/��� m
z No. 05
a� CIVIL
F ��F CAtIEd�
F-
I
C)
Fri
I
X
ZJ
cn
0
z
O
m
�
o
�
0
r
U
0
-a
m
<rZ
z�D
D
z
O
m
C
Ul
0
o
I
O
I I
833
NS C
ANY�N
Rpq�
C11
D
r
m
rn
O
U, r
p) 0
-i
cn
U)m x
O x
J
CD
0
(n
-�
Z
m
D
cn
C
-u
.o.�
0o
PO
-'
-Ti 0
�c
m
0
EXHIBI-1
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the
Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
12772 Saratoga -Sunnyvale Road, Suite 200
Saratoga, CA 95070
(408) 867-9915
APPLICANT:
Alain Pinel Realtors
Attention: Mary Reese
12772 Saratoga Sunnyvale Rd.
Saratoga, CA 95070
YOUR CONTACT PERSON IS
CALL
FAX NO.
ESCROW ORDER NO.
TITLE ORDER NO.
PROPERTY ADDRESS
V-0 I B
t=HID
tl01299vm
:Sue Taylor
(408) 867-9915
(408) 867-2523
712452
712452
22551 Ricardo Road
Cupertino, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: EAGLE Protection Owner's Policy Form No. 1490 EAGLE (6/98),
AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS
DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of
the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth
in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
Sandra J. Wing
Vice President
Order No. 712452
Page No. 2
Dated as of October 5, 1999 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
HAROLD L. JORDAN, surviving joint tenant
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
TAXES for the fiscal year 1999-2000
1st Installment
$494.01, open
2nd Installment
$494.01, open
Land
$15,608
Improvements
$32,115
Personal Property
$-0-
Exemption
$7,000
A. P. No.
356-01-017
Code Area
13-090
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. THE RECORDS disclose liens, agreements or other matters against parties with the same or similar
names as Harold Jordan. The name search and this report cannot be completed until a Statement
of Information is obtained. Upon receipt of the Statement it may require several weeks to clear any
items determined to affect the title to the lands described herein. Please provide the Statement as
soon as possible to avoid any delays to the close of escrow.
4. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item
8d of Covered Risks Title if this is an EAGLE Policy. This does not limit the lien coverage in Item 8
of Covered Title Risks if this is an ALTA Residential Policy.
5. Any facts about the land that a correct survey would disclose and that are not shown by the public
records. This does not limit the forced removal coverage in Item 18 and Item 20 of Covered Title
Risks if this is an EAGLE Policy. This does not limit the forced removal coverage in Item 12 of
Covered Title Risks if this is an ALTA Residential Policy.
Order No. 712452
Page No. 3
INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
None
B) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
C) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
D) No buyer run made (not furnished with order).
E) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
F) IN CONNECTION with the above -numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
22551 Ricardo Road
Cupertino, CA
Order No. 712452
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
PARCEL ONE:
Lots Fifty -Four (54) and Fifty -Five (55) as designated and delineated on a certain Map entitled "Map of the
9th Addition Monta Vista", which Map was filed for record in the office of the Recorder of the County of Santa
Clara, California, April 11, 1917 in Book "P" of Maps, at page 16.
PARCEL TWO:
All of the Southeasterly fifty feet (50) front and rear measurements of Lot Fifty Six (56) as said lot is laid out
and delineated upon that certain Map entitled "Map of 9th Addition, Monta Vista", which sad Map was filed
for record in the office of the Recorder of Santa Clara County, on the Eleventh day of April, 1917, in Map
Book P, at page 16.
Excepting therefrom Parcels One and Two the following:
Portion of Lots 55 and 56, as shown upon that certain Map entitled, "Map of 9th Addition Monta Vista", which
Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on
April 11, 1917 in Book P of Maps, page 16, and more particularly described as follows:
Beginning at a point in the Northerly line of Ricardo Road, at the Southwesterly corner of Lot 55, as said Road
and Lot are shown upon the Map above referred to; thence from said point of beginning North 370 47' 30"
West along the Southwesterly line of said Lot 55 and along the Southwesterly line of Lot 56, as said Lot is
shown upon the Map above referred to for a distance of 121.61 feet; thence running North 520 12' 30" East
15.03 feet; thence South 300 45' East 122.56 feet to the point of beginning.
PARCEL THREE:
Lot 53 as shown upon that certain Map entitled, "Map of 9th Addition Monta Vista", which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of California, on April 11, 1917, in
Volume "P" of Maps, at page 16.
APN: 356-01-017
ARB: 356-01-x9
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOWING QUESTIONS:
Are your principals using a Power of Attorney?
Are any of the parties in title Incapacitated or Deceased?
Has a change in marital status occurred for any of the principals?
Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
Do the sellers of the property reside outside of California?
Is the property the subject of a Tax Deferred Exchange?
IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement.
Please call your Escrow Officer with the loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is being assumed by buyer.
If parties are obtaining a loan, your Escrow Officer will need to have the
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
If there is to be a change of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
FIRST AMERICAN TITLE
GUARANTY COMPANY
1737 North First Street, San Jose, CA 95112
(408) 451-7800
NOTICE
TITLE GUARANTY
In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount
equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by
either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement
instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the
amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California
real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on a case -by -case basis.
The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the
effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing
officer.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE u
SCHEDULE OF EXCLUSIONS FROM COVERAGE EX` ° °
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction
i the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the
insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material
or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4
above are used and the following exceptions to coverage appear in the policy
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
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 which arise by
reason of:
1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for
services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon
usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from
an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,
or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are
used and the following exceptions to coverage appear in the policy.
SCHEDULE B N4, `^
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
asements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the land: (ii) the character dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are
used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use • land division
improvements on the land • environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value.
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
Form No. 1491.EAGLE (10/98)
Addendum to Exhibit A BillEXI
ADDENDUM TO EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type)
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
c. land use
d. improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building
codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land
This Exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason
of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership
or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16
and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under insuring
provisions 14, 15, 16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured
Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8, 16, 17, 19, 20, 21, 23, 24 and 25);
or
(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:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or truth in lending law.
taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or
similar creditors' rights laws, that is based on:
(a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination, or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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
showy, in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided under insuring provision 7.
Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other
matters affecting title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification
than it would have been before the modification.
his exclusion does not limit the coverage provided under insuring provision 7.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions
set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy:
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records.
5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
Part Two:
1. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE
$$ O Nl�
tI N
Ol �
Ql
fir I £6rn i
a �&
C
N n
Z fV
N p N
K F�
yUW�
< O N
T ...' ... (o.. ... S6 ON
Z go (zst) ,lp ([fuzz} (szz) l'zc Z�Z h
0 U m
J i'�fP' oi. i SOTS h U - I
CL
CN
i
to
a �
N �e �. �tih e?' a �P ------ ----
` I 69'61l
R • � 6
$
all
e . rt1 Q CC"61l
oz Mt
O m
'o w ' - Y
O
cl
O `�` '��`, ra. l 'p .oz .oz ai
<
97 \ '
a INI
_otl n55 _ a O 8
d g 0 O
-----------
cc Np� r=r� -Ao , L)
o N
eo
A
rS m
W O F- <� I
m n a F N 21 --- - --oz'lc- -
t
J
>. °f 2 noox)
= Sti a.
o
O W
iL W Z LL d %04,
��y ''A.
o OmWOwcLLL
w LUm00¢0I-- ��s�Ols ,
CS
o QZa~cCD _j�Qw
1J,1 m U) Lu cc � cc
ZWOZWLA-
z 2 cr C)
cc = -1 C/3
QCLu<
W�-co�zW
UM cc
QU-daW
daLL-1Lr�SC.7
�OU.W-1 2
N O p Z N V W Q
=ZLu ZQ�_"CL
4��OOC1.I--O
IB11 �
First American Title Guaranty Company
PRELIMINARY REPORT
Note:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct
Taxpayer Identification Number to us so that we can file an IRS Form 1099, or its equivalent, with the
Internal Revenue Service. This procedure is required by Section 6045 of the Internal Revenue Code and
the seller may be subject to civil or criminal penalties for failing to furnish a correct Taxpayer Identification
Number.
TITLE GUARANTY
ALL INQUIRIES AND CORRESPONDENCE REGARDING THE ESCROW PERTAINING TO THE
PROPERTY COVERED BY THE ATTACHED PRELIMINARY REPORT SHOULD BE DIRECTED TO THE
ESCROW OFFICER WHOSE NAME APPEARS IN THE UPPER RIGHT HAND CORNER OF THE
FOLLOWING PAGE AND WHOSE ADDRESS AND PHONE NUMBER ARE SET FORTH BELOW:
First American Title Guaranty Company
12772 Saratoga -Sunnyvale Road, Suite 200
Saratoga, CA 95070
(408) 867-9915
EXHIR,11- 7,
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER IS YES TO
ANY OF THE FOLLOWING QUESTIONS:
• Are your principals using a Power of Attorney?
• Are any of the parties in title Incapacitated or Deceased?
• Has a change in marital status occurred for any of the principals?
• Will the property be transferred to a Trust, Partnership, Corporation or
Limited Liability Company?
• Do the sellers of the property reside outside of California?
• Is the property the subject of a Tax Deferred Exchange?
IN ORDER TO SERVE YOU BETTER, WE ASK THAT YOU REMEMBER:
All parties signing documents must have a valid photo Identification card,
Driver's License or Passport for notarial acknowledgement.
Please call your Escrow Officer with the loan or lien payoff information, if
required, so that we may order the payoff demand in a timely manner; or
advise Escrow Officer if loan is being assumed by buyer.
If parties are obtaining a loan, your Escrow Officer will need to have the
fire/hazard insurance agent name and phone number to add the new lender
on the policy as a loss payee.
If there is to be a change of ownership, it will be necessary for parties to
indicate how they would like to vest title. We have a worksheet available
briefly explaining various methods of holding title; please request one from
us. The method of holding title (vesting) has certain legal and/or tax
consequences and parties are encouraged to obtain advice from an
attorney, CPA or other professional in this matter.
APPLICANT:
Alain Pinel Realtors
Attention: Mary Reese
12772 Saratoga Sunnyvale Road
Saratoga, CA 95070
YOUR CONTACT PERSON IS
CALL
FAX NO.
ESCROW ORDER NO.
TITLE ORDER NO.
PROPERTY ADDRESS
t041699jw
:Sue Taylor
(408) 867-9915
(408) 867-2523
712054
712054
10950 Stevens Canyon Road
Cupertino, CA
Subject to a minimum charge required by Section 12404 of the Insurance Code. The form of policy of title
insurance contemplated by this report is: EAGLE Protection Owner's Policy Form No. 1490 EAGLE (6198),
AND A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS
DESIRED.
In response to the referenced application for a policy of title insurance, this Company hereby reports that it
is prepared to issue, or cause to be issued, as of the date hereof, a Policy of Title Insurance in the form
specified above, describing the land and the estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an
Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of
the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth
in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with
notice of matters which are not covered under the terms of the title insurance policy and should be
carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition
of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
<z:,-0, �W'� ,
Sandra J. Wing
Vice President
E X H I B 11 E.-S
Order No. 712054
Page No. 2
Dated as of March 25, 1999 at 7:30 a.m.
Title to said estate or interest at the date hereof is vested in:
JUDITH WARDELL HALLIDAY SUCCESSOR TRUSTEE OF THE WARDELL FAMILY LIVING TRUST
Agreement Dated 7/28/82, as amended, or the Successor Trustee thereof
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS
CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 1999-2000,
a lien not yet due or payable.
2. THE LIEN of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
3. THE TERMS and conditions of the Trust under which the vestees herein hold title, and the requirement
that the written Trust Agreement and any Amendments thereto be submitted for examination.
4. Any rights, interests or claims of parties in possession of the land not shown by the public records.
5. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item
8 of Covered Title Risks.
6. Any facts about the land that a correct survey would disclose and that are not shown by the public
records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks.
7. Any facts about the land that an inspection or inquiry of parties in possession satisfactory to the
Company would disclose and that are not shown by the public records.
EXHIBRI Bi
Order No. 712054
Page No. 3
INFORMATIONAL NOTES
A) LENDER'S SPECIAL INFORMATION
According to the public records, there have been no deeds conveying the herein described property
recorded within two years prior to the date thereof except as follows:
None
B) TAX NOTE
BOTH installments of taxes for the fiscal year 1998-1999 have been paid in full
1st installment
$314.30
2nd installment
$314.30
Land
$18,365
Improvements
$35,582
Personal Property
$-0-
Exemption
$7,000
A.P. No.
356-01-011
Code Area
13-090
C) SHORT TERM rate does not apply. Current vestees were not insured during the previous 5 years.
D) Collect $10.00 (per parcel) user fee for each Grant Deed for County Monument Preservation Fund.
E) No buyer run made (not furnished with order).
F) SALE of said land is subject to the County of Santa Clara Transfer Tax of $1.10 per thousand based
on equity transferred.
G) IN CONNECTION with the above -numbered transaction, the following address will be shown on any
116 endorsement issued to an approved lenders policy.
10950 Stevens Canyon Road
Cupertino, CA
Order No. 712054
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows
Lots 51, 52, 56, 56A and 57, as shown on that certain Map entitled, "Map of 9th Addition, Monta Vista", which
Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on
April 11, 1917, in Book P of Maps, page(s) 16.
Excepting from Lot 56, the Southeasterly 50 feet, front and rear measurements, described in the Deed from
John H. Cranford and California V. Cranford, his wife to Charles P. West and Margaret Laura West, his wife,
dated February 5, 1929 and recorded February 14, 1929 in Book 445 of Official Records, page 511.
Also excepting therefrom so much of Lots 56, 56A and 57 hereinabove referred to described in the Deed from
John H. Cranford and California V. Cranford, his wife, to Zelindo DiGrazia, dated April 15, 1929 and recorded
April 20, 1929 in Book 456 of Official Records, page 365.
APN: 356-1-11
Exhibit A
FIRSTAvIERICAN
FIRST AMERICAN TITLE
"UARANTY COMPANY
1737 North First Street, San Jose, CA 95112 1
(408) 451-7800 TITLE GUARANTY
NOTICE
In accordance with Section 18662 of the Revenue and Taxation Code, a buyer may be required to withhold an amount
equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by
either:
1. A seller who is an individual with a last known street address outside of California or when the disbursement
instructions authorize the proceeds to be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the
amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California
real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on a case -by -case basis.
The parties to this transaction should seek an attorney's, accountant's or other tax specialist's opinion concerning the
effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing
officer.
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970
WITH A-L.T.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE EXHIE311-i'l
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment
of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction
the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation.
jhts of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy.
Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown
by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the
insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss
or damage to the insured claimant; (d) attaching or created subsequent to Date of policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material
or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy).
Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable
"doing business" laws of the state in which the land is situated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4
above are used and the following exceptions to coverage appear in the policy
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
-iIlowing 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 relatin(
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 it
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 o
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 fron
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 frorr
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 whicf
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 insurec
claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for
services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the
indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upor
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 fron
an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency
- or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination: or
(iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above arc
used and the following exceptions to coverage appear in the policy.
SCHEDULE B
ta.,rn
Ti is poi:c} toes not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
I Ta: es of assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
2. Am, facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
cords.
,patented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by
reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating
to (i) the occupancy, use, or enjoyment of the land: (ii) the character dimensions or location of any improvement now or hereafter erected on the land: (iii) a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection or the effect of any violation of
these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from
a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which
has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the
insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS
i the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are
and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments or real property or by the public
records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public
records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations
concerning:
land use land division
improvements on the land environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless
a notice of exercising the right appears in the public records on the Policy Date
the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
that are created, allowed, or agreed to by you
that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
that result in no loss to you
that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
Failure to pay value.
Lack of a right:
to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks
EXH041-1
FIRST AMERICAN TITLE GUARANTY COMPANY
1737 North First Street
San Jose, California 95112
(408) 451-7800
December 22, 1999
Alain Pinel Realtors
Attn: Mary Reese
12772 Saratoga Sunnyvale Road
Saratoga, CA 95070
Title Report No. 712054
Escrow No.
712054
Supplemental to Title
LENDER'S SUPPLEMENTAL REPORT
Report Dated:
December 14, 1999
7:30 a.m.
The referenced report (including any supplemental or amendments thereto) is hereby
modified and/or supplemented in order to reflect the following additional items relating to
the issuance of an American Land Title Association Loan Form Policy of Title Insurance.
Please amend the legal description to read as attached:
FIRST AMERICAN TITLE GUARANTY COMPANY
Linda Rinehart
Advisory Title Officer
EXH*iB,11
Order No. 712054
Page No. 4
LEGAL DESCRIPTION
REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, described as follows:
Lot 51, as shown on that certain Map entitled, "Map of 9th Addition, Monta Vista", which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917, in Book
P of Maps, page(s) 16.
Parcel B:
Lot 52, as shown on that certain Map entitled, "Map of 9th Addition, Monta Vista", which Map was filed for
record in the Office of the Recorder of the County of Santa Clara, State of California on April 11, 1917, in Book
P of Maps, page(s) 16.
Parcel C:
Lots 56, 56A and 57, as shown on that certain Map entitled, "Map of 9th Addition, Monta Vista", which Map
was filed for record in the Office of the Recorder of the County of Santa Clara, State of California on April 11,
1917, in Book P of Maps, page(s) 16.
Excepting from Lot 56, the Southeasterly 50 feet, front and rear measurements, described in the Deed from
John H. Cranford and California V. Cranford, his wife to Charles P. West and Margaret Laura West, his wife,
dated February 5, 1929 and recorded February 14, 1929 in Book 445 of Official Records, page 511.
Also excepting therefrom so much of Lots 56, 56A and 57 hereinabove referred to described in the Deed from
John H. Cranford and California V. Cranford, his wife, to Zelindo DiGrazia, dated April 15, 1929 and recorded
April 20, 1929 in Book 456 of Official Records, page 365.
APN: 356-1-11
Exhibit A