Loading...
HomeMy WebLinkAboutLot Line Adjustment LLA2007004 - Supporting Documents0 Gonzales, Andrew From: Ramos, Ricky Sent: Tuesday, August 07, 2007 1210 PM To: Henderson, Sandy Cc: Hess, Scott; Fauland, Herb; Gonzales, Andrew Subject: Lot Line Adjustment No 07-004 (Hirezi Residence) Please forward to the two distribution lists. Thanks. SUBJECT ENTITLEMENT: Page 1 of 1 LOT LINE ADJUSTMENT NO. 07-004 (HIREZI RESIDENCE) APPLICANT/ PROPERTY OWNER: Paul Hirezi, 22362 Wallingford Lane, Huntington Beach, CA 92646 REQUEST: LOCATION: PROJECT PLANNER: To consolidate two 25-foot wide lots into one 50- foot wide, 7,500 square foot lot. 737 Main Street, 92648 (west side of Main Street, between Crest and Palm Avenues) Andrew Gonzales- Assistant Planner On August 7, 2007, the Planning Department of the City of Huntington Beach took action on the above mentioned application and APPROVED the request with conditions. Please note the action by the Planning Department/Planning Director is appealable to the Planning Commission within ten calendar days from the date of the action. An appeal of the action shall be filed with the Department of Planning along with paying the appeal fee of $494. The last day for filing an appeal and paying the filing fee for the above mentioned application is Friday, August 17, 2007 at 5:00 p.m. If there are any questions about this action or the application please contact Andrew Gonzales at 714-374-1547. 8/7/2007 EMARALD ENGINE E RING 18600 Main Street, Suite 160 • Huntington Beach, CA 92648 (714) 848-4551 • Fax: (714) 848-4552 TO: 6i 11 '6 Z4/UA//G Off ATTENTION: The following items are transmitted Under separate cover via DATE: SUBJECT: No. of Copies: Description 6 /7 T Z//L)2::7 7-1TG.&- //_&92 7- ' D /'/s/©4 49PG) CST/opt/ W 6Ll T6,AJ IIJAIZIZ-4T /6,, The above are submitted: JOB NO: At your request ( ) For your action For your approval ( ) For your files ( ) For your reviewl (- For your information ( ) General remarks: T/ Form 004 Sand Dollar / 714-842-1148 • A LandAmerlcf New Century Title 200 E. Sandpointe, Suite 800 Santa Ana, CA 92707 Phone: (714) 429-2400 • FAX: TO: Kimberly Pevison Herezi 22362 Wallingford Lane Huntington Beach, CA 92646 ATTN.: Kimberly Purson • RE: Hirezi TITLE ORDER NO.: 4071648 PROPERTY ADDRESS: 737 Main Street, Huntington Beach (City), CA 92648 City of Huntington Beach JUL 12 2001 .'1 LandAmeric' New Century Title 200 E. Sandpointe, Suite 800 Santa Ana, CA 92707 Phone: (714) 429-2400 • FAX: • Preliminary Report To: To Follow Attn: ESCROW OFFICER Reference No.: Hirezi Order No.: 4071648 RE: 737 Main Street, Huntington Beach (City), CA In response to the above referenced application for a policy of Title Insurance, NEW CENTURY TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Commonwealth Land Title Insurance Co. 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 and Limitations on Covered Risks of said Policy or Policies are set forth in the Addendum A attached. The Policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set for the in Addendum A. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability 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. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in our Addendum A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matt ers 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 written representation as to the condition of title and may not list all liens , defects and encumbrances affecting title to the land. The form of policy of title insurance contemplated by this report is: ALTA Loan Policy (10-17-92) with ALTA Endorsement-Form 1 Coverage Dated as of: June 20, 2007 @ 7:30 a.m. New Century Title Company By: /1,24 Bernadette Bras/eg Fax# (714) 429-2470 TITLE ORDER NUMBER: 71648 • SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee Title to said estate or interest at the date hereof is vested in: Paul Hirezi and Kimberly S. Peirson-Hirezi, husband and wife as community property with right of survivorship The land referred to in this Report is situated in the State of California, County of ORANGE, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. • . Order No. 4071648 Exhibit "A" Lots 18 & 19 in Block 706 in Wesley Park Section of Huntington Beach, County of Orange, State of California, as shown on a map thereof recorded in Book 4, Page(s) 17 inclusive of Miscellaneous Maps in the Office of the County Recorder of Orange County. TITLE ORDER NUMBER: V 1648 Schedule B • At the date hereof, Exceptions to coverage, in addition to the printed Exception and Exclusions contained in said policy form would be as follows: 1. Prope rty taxes, including any assessments collected with taxes, to be levied for the fiscal year 2007-2008 that are a lien but not yet payable. 2. Property taxes , including any personal property taxes and any assessments collected with taxes, for the fiscal year 2006 - 2007. 1st Installment: $1,881.62 (Paid) 2nd Installment: $1,881.62 (Paid) Exemption: $7,000.00 Code Area: 04001 Assessment No.: 024-072-10 3. The lien of supplemental or escaped assessments of prope rty taxes , if any , made pursuant to the provisions of Part 0.5, Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of Californ ia as a result of the transfer of title to the vestee named in schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 4. The lien, if any, which may be levied under a Community Facilities Act of 1982, pursuant to the provision of Chapter 1.5, Part I, Division 2 Title 5 of the Government Code of the State of Californ ia, by reason of the fact that said land may fall within such a district. Said lien, if any, may be incorporated into the regular property tax bill and may be a part of the General Tax collections process. 5. Covenants, conditions and restrictions, if any, appearing in the public records. 6. Any easements or servitudes appearing in the public records 7. A deed of trust to secure an indebtedness in the original amount shown below: Amount: $735,000.00 Dated: June 8, 2007 Trustor: Paul Hirezi and Kimberly S. Peirson Hirezi, husband and wife Trustee: Fidelity National Title Ins Co Beneficiary: Wells Fargo Bank, N. A., a National Association Recorded: June 13, 2007 as Instrument No. 2007000375071 of Official Records. TITLE ORDER NUMBER: •1648 • Schedule B 8. Note.: We will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: All Parties (Note: The statement of information is necessary to complete the search and examination of title under this order. Any title search includes matt ers that are indexed by name only, and having a completed statement of information assists the Company in the elimination of ce rtain matt ers which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the statement of information is essential and will be kept strictly confidential to this file.) END OF EXCEPTIONS TITLE ORDER NUMBER: 71648 NOTES AND REQUIREMENTS NOTE A: If any Deed of Trust in favor of "Private Parties" is to be omitted from Policy of Title Insurance, we will require that the original Note, Deed of Trust and properly executed and notarized Request for Reconveyance be surrendered prior to close of escrow. To avoid potential delays, please forward said document at least one week prior to close. NOTE B: Section 12413.1, California Insurance Code, commonly known as Assembly Bill 512, became effective January 1, 1990. This legislation deals with disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed, In order to avoid any such delays, all funding should be done through wire transfer, certified check or checks drawn on California financial institutions. NOTE C: On July 1, 1985, Assembly Bill 3132 became effective. Assembly Bill 3132 adds and repeals portions of Sections 480.3 and 480.4 of the Revenue and Taxation Code of the State of California. The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of Ownership Report". Said report must be completed by the buyer and filed concurrently with the recordation of the documents evidencing the change of ownership. Failure to present the Change of Ownership Report at the time of recordation will cause the County Recorder to charge an additional $20.00 penalty recording fee. The fee cannot be charged if the transfer document is accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California. This report is for official use only and is not open to public inspection. For further information, contact the Change of Ownership Section in the Assessor's Office located in the County of said property or the County Recorder's Office located in the County of said property. NOTE D: Effective January 1, 2000, New Century Title Company will charge a Reconveyance Service fee to effectuate the recording of a reconveyance of Deed of Trust, under which any Deed of Trust is paid off through its subescrow or any of its escrow branches. This Reconveyance Service Fee covers all the cost of preparation of and recordation of the appropriate documentation By proceeding with the transaction, after the receipt of a Preliminary Report, all parties involved in any transaction with New Century Title Company acknowledge and consents to the charge of a Reconveyance Service Fee. NOTE E: If a licable lease note the followin : The land referred to in this Preliminary Report was identified in the order application only by street address or assessor's parcel number. This land has been located on the attached map. The use of a street address or assessor's parcel number creates an uncertainty as to the correct legal description for the land involved in your transaction. Please review the map. Is the correct land located on the map? If your transaction involves other land or more land or less land than that located on the map you should immediately advise your title officer or escrow officer. NOTE F: Attached are Privacy Policy Notices in compliance with the Gramm-Leach-Bliley Act (GLBA) effective July 1, 2001. Please review said Notices regarding personal information. NOTE G: The title insurance policy will include an arbitration provision. The Company or the insured may demand arbitration . Arbitrable matters may include , but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation . Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your title insurance coverage. TITLE ORDER NUMBER: 01648 Additional Notes And Requirements Continued 1. Note: The only conveyances affecting said land, recorded within twenty four (24) months of the date of this report are as follows: Grantor: Raisa Markarian, a widow Grantee Paul Hirezi and Kimberly S. Peirson-Hirezi, husband and wife as community property with right of survivorship Recorded: June 13, 2007 as Instrument No. 2007000375070 of Official Records 2. Note : This report is preparatory to the issuance of an ALTA Policy of Title Insurance. We have no knowledge of any fact which would preclude the issuance of said ALTA Policy with Endorsement No. 100 attached. There is located on said land the following: Single Family Residence 737 Main Street Huntington Beach (City), CA 3. Note : The charge for a policy of title insurance, when issued through this title order, will be based on the short-term rate. TITLE ORDER NUMBER:94071648 • IF THIS COMPANY IS REQUIRED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS ARE ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH New Centu Title Corn an BY WIRE TRANSFER, WIRE FUNDS THROUGH THE FEDERAL RESERVE BANK: CREDIT TO: THE ACCOUNT OF New Century Title Company WIRE TO: Comerica Bank 275 Battery Street, Suite 1100 San Francisco, CA 94111 ABA: 121137522 Account Number: 1892102946 FURTHER CREDIT TITLE ORDER NO. TITLE ORDER NUMBER: 4071648 BY ORDER OF BUYER OR SENDER OF FUNDS. SPECIAL INSTRUCTIONS: PLEASE REFERENCE CUSTOMER'S NAME ON ALL WIRES. TITLE ORDER NUMBER: 971648 PRIVACY POLICY NOTICE Priva otice 15 U S C 680 a d 6 CF 3 3 0 We collect nonpublic personal information about you from information you provide on forms and documents and from others who are involved in your transaction. We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to non-public personal information about you to those employees who need to know such information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to protect your nonpublic personal information. When we request information from you or about you, it is for our own legitimate business purposes and not for the benefit of any unaffiliated party. We will obey the laws governing the collection, use and dissemination of personal data and will endeavor to educate our employees on the responsible collection and use of personal information. Our Pnvacy Policy is set forth below. If you have any questions about it, please call our legal department. PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act ("GLBA") generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information shanng of consumer nonpublic personal information with both affiliates and non-affiliated third parties. In compliance with GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of New Century Title Insurance Company, a Capital Title Group Company. This disclosure does not apply to business, commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms, Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer-reporting agency. Information we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Pnvacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non- affiliated third parties as permitted by law. This includes, but is not limited to, financial service providers (e.g., banks, consumer finance lenders, secunties and insurance companies, etc.), non-financial companies (e.g., settlement or fulfillment service providers, or tide plant operated by a third party vendor). WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. CLTA PRELIMINARY REPORT FORM Addendum A (Revised 11-17-06) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1 (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land, (vi) 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 notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge 3 Defects, liens, encumbrances, adverse claims or other matters (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any claim, which apses out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3 Easements, liens or encumbrances, or claims thereof, not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE(10122103) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from I 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 4 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 Risks a b c d that are created, allowed, or agreed to by You, whether or not they appear in the Public Records, that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date, that result in no loss to You, or 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 CLTA PRELIMINARY REPORT FORM LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14 1% of Policy Amount or $ 2,500(whichever is less)$10,000 Covered Risk 15 1% of Policy Amount or $ 5,000(whichever is less)$ 25,000 Covered Risk 16 1 % of Policy Amount or $ 5,000(whichever is less)$ 25,000 Covered Risk 18 1% of Policy Amount or $ 2,500(whichever is less)$ 5,000 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from 1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning land use improvements on the land * land division 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 for your title. 5 Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A OR in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title RisksALTA LOAN POLICY (10-17-92 WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred pnor 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; CLTA PRELIMINARY REPORT FORM (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy), or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) ansing 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 or 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that apse by reason of 1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land, (ii) the character , dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land, or (iv) environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 2 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14), or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4 Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated 5 Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7 Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage CLTA PRELIMINARY REPORT FORM provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records 2 Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3 Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. ALTA OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred pnor 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 The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records 2 Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3 Easements, liens or encumbrances, or claims thereof, which are not shown by the public records 4 Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records CLTA PRELIMINARY REPORT FORM 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1 (a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1)the occupancy, use, or enjoyment of the Land, (u)(ni) (iv) the character, dimensions, or location of any improvement erected on the Land, the subdivision of land, or environmental protection, or the effect of any violation of these laws, ordinances, or governmental regulations This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6 2 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 3 Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10), or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title 4 Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5 Any lien on the Title for real estate taxes or assessments imposed by governmental authonty and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The above policy form maybe issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of 1 (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records, (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records 2 Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land 3 Easements, liens or encumbrances, or claims thereof, not shown by the Public Records 4 Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records 5 (a) Unpatented mining claims, (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13101) 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, (n) the character, dimensions or location of any improvement now or hereafter erected on the Land, (m) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part, or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s 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 Covered Risks 12, 13, 14, and 16 of this policy (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge 3 Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting In no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26), or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage CLTA PRELIMINARY REPORT FORM 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 unenforceabdity of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law 6 Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26 7 Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy This exclusion does not limit the coverage provided in Covered Risk 8 8 Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at (a) The time of the advance, or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been before the modification This exclusion does not limit the coverage provided in Covered Risk 8 9 The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy Oils AOT WAS PREPARED fOl ORANC{.COINTr ASSESSOR OEPI. fiAA0S65 My 171E ASSESSOR M4AES AO WOIRAAT56 AS in151 ACCURACr NOR A1905 ME s (A6ll trr FAR MR USES. Mr TO of 4106600 60.ALL 0155515 RESERIEO.0 COPrRIGrt OR4x55" Cp.Ntr ASSESSOR 2004 .5 119 S7 1 A 00 1 w 'SL ) \P RK Is 'o6 Y by `• PROJECT O j + 1 11 A 'r 6J I4S7 AT Y +y 1 t 19 T w 18 1 11 11. ',. x 0. MAC. 11 Itr r v • t t z I F4,sA '&K 08)p 13 \ POAkCT 1 939-50468.680 1,c100' I I I 1 1 1 1 a 1 1 11 l e I sl ll: 1"s 'p @i l Y St t 1 1 a ?t5 jig Is 12 ° 6 072 1yy5 12 \p 25 _,-40• 1 0 .k 6 & 71 i \ \\ t \ \ \ 1^g' id go C D oA,30 0 4 Jv 31 Al 10 24. + Ir 10 Ty 04 NARCII 1948 19 0. S0 AC. M.NTOUGTOW FEACK 11f5iEY PARK SEC. M.Y. 4-17 33 A' 1 .l NOTE - ASSESSOR'S BLOCK 4 PARCEL NUMBERS SHOWN IN CIRCLES S ASSESSOR'S MAP BOOK 024 PAGE 01 COUNTY OF ORANGE 024-07 0 • 0