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HomeMy WebLinkAboutLot Line Adjustment LLA2005010 - Supporting Documents0 0 PLANNING DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Steve Bogart - Public Works Dept. FROM: Ron Santos Ext: 5561 DATE: Aug. 8, 2005 PC ZA X Staff PETITION(S): Lot Line Adjustment #05-10 (Sundy Lot Consolidation) DATE OF PLANS: 08/03/05 REQUEST(S): Lot Line Adjustment for purposes of merging two contiguous parcels. LOCATION: 1120 Main St. (southeast corner of Main St. and Loma Ave. ) ZONE: RL (Residential Low-Density) GENERAL PLAN: RL-7 (Residential Low-Density - 7 units/acre) EXISTING USE: single-family residential Please submit your concerns and recommended changes or conditions in writing on or before Friday, Sept. 2, 2005. Attachments: 1. LLA form 2. narrative 3. prelim title 4. grant deed CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) RESPONSE BY:Extension EMEI!LD ENGINEE NG 18600 Main Street, Suite 160 • Huntington Beach, CA 92648 (714) 848-4551 • Fax: (714) 848-4552 TO: /T 0 "CJ .DATE: 'g or /A)6 4 C7-6 SUBJECT:407- e-a Ao-f us7- err //ZD 42/AJ ;7 ATTENTION: The following items are transmitted ( Under separate cover via No. of Copies:Description / Ti T7-c JUlz / TT" s2 7rv_- D44f T (j tip, GAT The above are submitted: At your request For your approval For your review General remarks: BY: JOB NO: /Z9 For your action For your files ( ) For your information ( ) Form 004 Sand Dollar / 714-842-1148 0 REcoRDINGREQUESTED BY:Recorded in Official Records, Orange County The Heritage Escrow Company Tom Daly, Clerk -Recorder AND WHEN RECORDED MAIL TO. AND MM.TAX STATEMENT TO: Martin A. Sundy and Karen A. Sundy Order No. Escrow No. Parcel No. 111111111111 IIHI IIIII 1111! 11111111111111! 1111111111 IIIII IIIII 1111111II III! 9.00 2005001012064 01:20pm 12/19105 116 91 G02 2 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDERS USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS : and CITY $ computed on full value of property conveyed, or computed on full value less bens or encumbrances remaining at the time of sale. unincorporated area: x City of Huntington Beach FOR A VALUABLE CONSIDERATION , receipt of which is hereby acknowledged, Martin A. Sundy and Karen A. Sundy, husband and wife as joint tenants hereby GRANTS to Martin A. Sundy and Karen A. Sundy, husband and wife as joint tenants the following described real property in the County of Orange, State of California: Lots 1 and 2 of block 913 of Wesley Park sec tion, In the city of Huntington Beach, county of Orange, State of California, as shown on a map recorded In Book 4, Page 17 of Miscellaneous Maps, records of Orange County, California, as shown as Parcel I of that certain lot line adjustment go. 05-10 Recorded 2005, as instrument No. Official Records of said County. Except therefrom all, oil, gas , minerals, and other hydrocarbon substances hying below the surface entry, of said land, with no right of surface entry, as provided In dead recorded February 4,1948 Date MMmA 1mMartin A. Sundt' STATE OF CALIFORNIA } COUNTY OF 0TO IA' "' } S.S. } On V. N Publl in !T. before me, l 1 e \J '! Jv Z1 l n &, a ly appeared personallykwwn to me (or proved to me on the of satisfactory evidence) to be the pers s na s subscr ibed to the within instrument and acknowledged to me that he/ executed capacity(ies), and that by hislher signature(s) onbi-e instrument the Person(s), or the of which the person(s) acted, ex cuted the instrument. WITNESS h nd and official Signature CdrMvih un 11#140@3 Nolory inLlbflc - Como"" OrargP Couf* MyCormm. Expkes Oct 17, IN STATE OF CALIFORNIA } COUNTY OF ) SS. } On before me, personally appeared person ally' known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the wit;tin instrument and acknowledged to me that heishe/they executed the same in his/her/their authorized capacity (ies), and that by his /her/their signatures (s) on the instrument the person (s) or entity upon behalf of which the person (s) actedecuted the instrument. WITNESS my hand and official seal. Signature (this area for official notarial seal) GOVERNMENT CODE 27361.7 1 certify under penalty of perjury that the Notary Seal on the document to which this statement is attachecreads as follows: NA ME OF THE C - NOTARY : \.3 v'\ } it GAS cc Y ire C r --- DATE COMMISSION EXPIRES : C- -1 COUNTY WHERE BONt ) S FILED:,., UVMm155JVIN Plumtit N{ MANUFACTURERNENDOR NUMBER: PI LACE OF EXECUTI ¢N;. 51 SIGNATURE: DATE :-1-240 I certify under penalty of pe ury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: Place Execution Si tin atu re Date 11 RECORDING REQUESTED BY WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO NAME ADDRESS CITY STATE & ZIP GRANT DEED TITLE ORDER NO.ESCROW NO. APN NO. THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARYTRANSFERTAXIS$ CITY TAX $ O Computed on full value of property conveyed, or computed onfull valueless value of liens or encumbrancesremaining attime of sale, Unincorporated area: City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Martin A. Sundy and Karen A. Sandy, husband and wife as joint tenants hereby GRANT(s) to Martin A. Sundy and Karen A. Sundy, husband and wife as joint tenants the following described real proper ty in the County of State of California: Lots 1 and 2 of block 913 of Wesley Park section, in the city of Huntington Beach, county of Orange, State of California, as shown on a map recorded in book 4, page 17, of miscellaneous maps, records of Orange County, California, and as shown as parcel 1 of that certain lot line adjustment No. 05-Recorded .2005, as instrument No.official records of said county. Except therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface entry, of said land, but with no right of surface try, asp vided in deed recorded February 4, 1948. Dated ;y- STATE OF CALIFORNIA } COUNTY OF } S.S. On before me, name and title of the officer), personally appeared (mom Per sonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed to the within instrument and ackncMedged to me that he/shellhey executed the same in hislherNheir authorized capacity(ies), and that by trsiheritheir sgrtahle(s) on the instrument the person(s). or the entity upon btha)t of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Signeh" GRNTOEEaDOC ILi LandAmerica Southland Title 650 East Hospitality Lane, Suite 280 San Bernardino, CA 92408 PHONE: (909) 890-9109 Escrow No.: Order No.: 65621915 Condominium Management Services 675 West Foothill Blvd., Suite 104 Claremont, CA 91711 Attention: BARBARA RICKMAN DATED AS OF June 14, 2005 AT 7:30 A.M. "PRELIMINARY REPORT" IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, SOUTHLAND TITLE HEREBY REPORTS THAT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW 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 EXHIBIT 1 ATTACHED. 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 FORTH IN EXHIBIT 1. 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 1 OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS THAT ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY SOUTHLAND TITLE DANNY OSBORN, TITLE OFFICER Fax: () ORDER NO. 65621915 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: Martin A. Sundy, and Karen A. Sundy, husband and wife as joint tenants THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED IN THE ATTACHED EXHIBIT "A": "WE HAVE ENCLOSED EXTRA COPIES OF THE LEGAL DESCRIPTION FOR YOUR CONVENIENCE." 2 ORDER NO. 65621915 EXHIBIT "A" Lot(s) 1 and 2, Block 913, of Wesley Park Section, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 4, Page(s) 17, of Miscellaneous Maps, in the office of the County Recorder of said County. EXCEPT therefrom all oil, gas, minerals, and other hydrocarbon substances lying below the surface of said land, but with no right of surface entry, as provided in deed recorded February 4, 1948. 3 ORDER NO. 65621915 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2005 - 2006 which are a lien not yet payable. B. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, for the fiscal year 2004 - 2005. 1st Installment:$3,366.90, Paid 2nd Installment:$3,366.90, Delinquent Penalty (including cost):$346.69, Delinquent after April 10, 2005 Homeowners Exemption:$(none shown) Code Area:04001 Assessment No.:023-084-01 C. If Southland Title is asked to hold money for any taxes shown above, a satisfactory indemnity along with written consent by Borrower/Seller and/or Lender MUST be submitted prior to closing. Please contact your title officer for the appropriate forms. D. Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts. E. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Water rights, claims or title to water, whether or not shown by the public records. 2. Covenants, conditions and restrictions as set forth in the document Recorded: . February 4, 1948 in Book 1618, Page 179 of Official Records But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenants, condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 4 ORDER NO. 65621915 Note: Section 12956 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 3. The sole and exclusive right to drill slanted wells from lands adjacent to Lots 3 and 4 in, to and through the subsurface of the land herein described, in order to recover the minerals and other hydrocarbon substances therefrom, or from other properties, as reserved in the Deed from Huntington Beach Company to James G. Brown and Wife, recorded June 12, 1950 in Book 2025, Page 322 Official Records. 4. Covenants, conditions and restrictions as set forth in the document referred to in the numbered item last above shown. But omitting any covenant, condition and restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that the covenants, condition or restriction (a) is exempt under title 42 of the United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. Note: Section 12956 of the Government Code provides the following: If this document contains any restrictions based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void. Any person holding an interest in this property may request that the county recorder remove the restrictive language pursuant to subdivision (c) of Section 12956.1 of the Government Code. 5. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $617,500.00 Dated: December 14, 2004 Trustor: Martin A. Sundy, and Karen A. Sundy, husband and wife as joint tenants Trustee: California Reconveyance Company Beneficiary: Washington Mutual Bank, FA, a Federal Association, a Bank Recorded: December 17, 2004 as Instrument No. 2004001122471, Official Records Original Loan No.: (none shown) End of Schedule B See "Notes and Requirements" 5 ORDER NO. 65621915 California Insurance Code §12413.1 regulates the disbursement of escrow and sub escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the Company via wire transfer may be disbursed upon receipt. Funds deposited with the Company via cashiers or teller's checks drawn on a California-based bank may be disbursed the next business day after the day of deposit. If funds are deposited with the Company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the Company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the Company and/or its parent company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank of California 12625 Frederick Street Moreno Valley, CA 92553-5216 (800) 849-6466 option 3 CREDIT: SOUTHLAND TITLE ACCOUNT NO.: 9100899253 ROUTING NO.: 122000496 FOR THE ACCOUNT OF: SOUTHLAND TITLE - LOAN PAYOFF DEPT. OUR ORDER NUMBER OR ESCROW NUMBER MUST ALWAYS BE REFERENCED. FAILURE TO DO SO MAY CAUSE DELAYS IN THE CLOSING OF A TRANSACTION AND/OR MISPLACED OR LOST FUNDS. SOUTHLAND TITLE DOES NOT ACCEPT LIABILITY FOR SUCH DELAYS IN CLOSING, MISPLACED AND/OR LOST FUNDS, OR DAMAGES (IE. INTEREST, PENALTIES) SUFFERED BY REASON OF ONE'S FAILURE TO COMPLY WITH THE IDENTIFICATION/CREDIT PROCEDURE SET FORTH ABOVE. ALL UNIDENTIFIEDIUNCLAIMED WIRES WILL BE RETURNED AFTER FORTY-EIGHT (48) HOURS. SHOULD YOU HAVE ANY QUESTIONS REGARDING THE DEPOSIT OR DISBURSEMENT OF FUNDS, PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 6 ORDER NO. 65621915 REQUIREMENTS Req. No. 1: The Company 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 matters that are indexed by name only, and having a completed statement of information assists the Company in the elimination of certain matters 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.) 7 ORDER NO. 65621915 NOTES Note No. 1: Privacy Notice (15 U.S.C. 6801 and 16 CFR Part 313) We collect nonpublic personal information about you from information you provide on forms and documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We do not disclose any nonpublic information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Note No. 2: The charges which the Company will make for next day messenger services (i.e. Federal Express, UPS, DHL, Airborne, Express Mail, etc.) are $15.00 per letter, standard overnight service, and $25.00 for larger size packages and/or priority delivery services. Such charges include the cost of such messenger service and the Company's expenses for arranging such messenger service and its overhead and profit. Special messenger services will be billed at the cost of such services. There will be no additional charge for pick-up or delivery of packages via the Company's regularly scheduled messenger runs. 8 LandAmerica Southland Title 650 East Hospitality Lane, Suite 280 San Bernardino, CA 92408 PHONE: (909) 890-9109 ORDER NO.: 65621915 ATTENTION: REF: Dated as of June 14, 2005 at 8:00 A.M. LENDER'S SUPPLEMENTAL REPORT The above numbered report (including any supplement 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 form policy as follows: 1. None of the items shown in this report will cause the company to decline to attach CLTA Endorsement Form 100 to an ALTA loan policy, when issued. There is located on said land A Single Family Residence Known as: 1120 Main Street Huntington Beach, California 2. The only conveyances affecting said land, which recorded within 24 months of the date of this report, are as follows: Grantor: Mary F. Duffy, a single woman who acquired title as Mary Frances Duffy Grantee: Martin A. Sundy, and Karen A. Sundy, husband and wife as joint tenants Recorded: December 17, 2004 as Instrument No. 2004001122470, Official Records FORMS: DT3 DT4 GE18 RQ23 RQ24 TL4 0 ORDER NO. 65621915 LandAmerica Southland Title PRIVACY POLICY NOTICE Dear Southland Title Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to this letter is the privacy policy of the Southland Title family of companies. The members of the family - Southland Title Corporation, Southland Title of Orange County, Southland Title of San Diego, and Southland Title Equities, Inc. may issue policies, handle real estate closings and serve as exchange accommodator in virtually every part of Southern California. You may review a list of Southland Title Companies on our website ( ). You may visit our website for an explanation of our privacy practices relating to electronic communications. Our concern with the protection of your information has been a part of our business since 1985, when the company opened. We will continue to protect the privacy, accuracy and security of customer information given to us. No response to this notice is required, but if you have questions, please write to us: Southland Title Privacy 7530 N. Glenoaks Boulevard Burbank, California 91504 0 ORDER NO. 65621915 LandAmerica Southland Title SOUTHLAND TITLE PRIVACY POLICY What kinds of information we collect. Most of Southland Title's business is title, escrow and exchange services, but there are companies in our family that provide other real estates services to consumers. We collect information about you (for instance, your name, address, telephone number), and information about your transaction, including the identity of the real property that you are buying, financing or exchanging. We may obtain a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this information from you or from the lender, attorney, or real estate broker that you have chosen. Our title companies then obtain information from the public records about the property so that we can prepare a title insurance policy. When we provide closing, escrow or settlement services, exchange services, mortgage lending, or mortgage loan servicing, we may get your social security number and we may receive additional information from third parties including appraisals, credit reports, land surveys, escrow account balances and sometimes bank account numbers to facilitate the transaction. If you are concerned about the information we have collected, please write us. How we use this information. The company giving or specifically adopting this notice does not share your information with marketers outside its own family. There is no need to tell us to keep your information to ourselves because we share your information only to provide the service requested by you or your lender, or in other ways permitted by law. The privacy laws permit some sharing without your approval. We may share internally and with nonaffiliated third parties in order to carry out and service your transaction, to protect against fraud or unauthorized transactions, for institutional risk control, to issue title insurance, investigate or process a claim under the policy of title insurance, and to provide information to government and law enforcement agencies. Companies within a family may share certain information along themselves in order to identify and market their own products that they think may be useful to you. Credit information about you is shared only to facilitate your transaction of for some purpose permitted by law. How we protect your information. We restrict access to nonpublic personal information about you to those employees who need the information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with law to guard your nonpublic personal information. We reinforce the company's privacy policy with our employees. EXHIBIT I (REV. 6/2/98) • 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 TO (1) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND, (2) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, (3) 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 (4) 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 ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY OR THE TRANSACTION CREATING THE INTEREST OF THE INSURED LENDER, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS' RIGHTS LAWS EXCEPTIONS FROM COVERAGE - 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, INTEREST, 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 CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS FEES, AND EXPENSES RESULTING FROM 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 S 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, BD. 22,23, 24 OR 25 5 FAILURE TO PAY VALUE FOR YOUR TITLE 6 LACK OF A RIGHT A TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A, AND B IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH THE LAND THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 11 OR 18 LIMITATIONS ON COVERED RISKS YOUR INSURANCE FOR THE FOLLOWING COVERED RISKS IS LIMITED ON THE OWNER'S COVERAGE STATEMENT AS FOLLOWS FOR COVERED RISK 14, 15, 16 AND 18, YOUR DEDUCTIBLE AMOUNT AND OUR MAXIMUM DOLLAR LIMIT OF LIABILITY SHOWN IN SCHEDULE A THE DEDUCTIBLE AMOUNTS AND MAXIMUM DOLLAR LIMITS SHOWN ON SCHEDULE A ARE AS FOLLOWS Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 14 1% of Policy Amount or $2,500 $10,000 (whichever is less) Covered Risk 15 1% of Policy Amount or $5,000 $25,000 (whichever is less) Covered Risk 16 1% of Policy Amount or $5,000 $25,000 (whichever is less) Covered Risk 18 1 % of Policy Amount or $2,500 $5,000 (whichever is less) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (611187) 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 RISKS Form 2210-11 (11/17/04) AMERICAN LAND TITLE ASSOCIATION POLICY (10/17192) WITH ALTA ENDORSEMENT-FO 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, ATTORNEY'S 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 (1) THE OCCUPANCY, USE OR ENJOYMENT OF THE LAND, (2) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, (3) 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 (4) 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, (8) 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 INSURED THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY), OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE 4 UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED 5 INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW 6 ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF PRIORITY OF ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTGAGE) ARISING FROM AN IMPROVEMENT OR WORK RELATED TO THE LAND WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR IS OBLIGATED TO ADVANCE 7 ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON (1) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER, OR (2) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A (3) RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION, OR 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 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10/17/92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF 1 (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT (B) LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (1) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND, (2) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, (3) 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 (4) 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 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 `MOULD. BE BIN ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE 3 DEFECTS, LIENS, MBRANCES, 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 (1) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER, OR (2) 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 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF 1 (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO 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 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 4 UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED 5 INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY, EXCEPT AS PROVIDED IN COVERED RISK 27, OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW 6 REAL PROPERTY TAXES OR ASSESSMENTS OF ANY GOVERNMENTAL AUTHORITY WHICH BECOME 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 B 2210-11 THIS MAP WAS PREPARED FOR ORANGECOUNTY ASSESSOR DEPT. PURPOSES ONLY.THE ASSESSOR MAKES NO GUARANTEE AS TOITS ACCURACY NOR ASSUMES ANY LIABILITYFOR OTHER USES. NOT TO BE REPRODUCED.ALL RIGHTS RESERVED.O COPYRIGHT ORANGE COUNTY ASSESSOR 2003U,0$SEE SPECIAL PACE 023-089 FOR SUBSURFACE FEE TITLE ASSESSMENTPOR. W 1/2. NW 1/4. SEC. 6. T 5 S. R 9 W06ADAMSTRACTss•e5Ba 19•R----12_--10 21•cLi/A-Y--L bLOMAUO•------10„2 130MARCH 19484 is---BLK._6 ,x•9133146 17 '+ 7 4.18•9 20.p_-34610 21It 228w,so1(QUINCY) (WESLEY)4E P R02xs.l1. I . 1 I . • 1,i2 II 7 7 -6 41 3 11L ioLK._u re 1114.1_--=14 20b---1f L-_r 2I : -t.x\x SJJ° QJtns"Is'- I12182 1• 3 14 - -• 4 MSBLK.-6, ,6.1013WNOal07063xa.l . I i xa1 9 817 14' 2;o A L8 K.4rl 17 _1214 °16 1IB ®^--.1 1420_iB 11 -a22meAVENUEb2 U-.-'i : its If -111E--4 15• 6 17 ° `-f xna,s % j6 Llj- is ---20.o• $-t6 _t7 •21-II vs 22ssso•zTHIRTEENTHHLWT1NGTON BEACFAWESLEY PARK SECTION M.M. 4-17TRACT Na 68 M.M. 10-12TRACT NO. 10808 MM 486-39.40,4123"€--to, ..24A9 ---24-05STREETNOTE - ASSESSOR'S BLOCK dPARCEL NUMBERSSHOWN IN CIRCLES617•8 19 • v7 ., 16o4--a,so• 1,a• Rc/ONT-A023- 0 8u uNx/4 :ORSEC. n-6-ll 'A VENUE €+x,°TRACTw 116,"I00'N.mONN:N0. 108018OSWEGOJSTREETASSESSOR'S MAPBOOK 023 PAGE 08COUNTY OF ORANGEIIs T0 THIS NAP WAS PREPARED FOR ORANGECOUNTY ASSESSOR DEPT. PURPOSES OWL Y. THE ASSESSOR LUXES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUACS ANY LIABILITY FOR OTHER USES. NOT TO BE REPRODUCED. ALL RIGHTS RESERVED. O COP YRICHT ORANGE COUNTY ASSESSOR 2003 In 0 4yF -i-- ADAMS b , u- T TRACT x °us .a ti W J 1---0'--- 18 --- - e8 10 • enso- ----12 --•_IO ?I • -t Q 1---- L b LOMA N 0 MARCH 1948 Aa 4 e• 15 LK.•s ,x•913 -- 7 e 1B • 8 ^-_- a ---- J V T L „ro ,aa--- #--- W --0---- Y" ensa 11 h A 9 20•" Q ,>a a 0 21- 11a'--®-- 1l 1a 22 nlea (OLOVCY) (WESLEY) '°al I P R 1 1.4 0120' 2wi . . 1 .i • I . .I xs• " 1 1 •6 S AI J II !I 20 1L_K.2ue 2aItN• __; L ---V -- 1 - rzsa • • 16 Q 2 -_ 1 25 to, zip °-"1 ., 12 -- _ 20 -' 21 _2 ,a . .a H 07 "I I • 063©C1 H.I. .1. .1. .I , 81 7 4I ?11 ALL Bn,saBxiR e• 17 1 1.gmsa 16 I 18 8_ -JJ_IL_L.l -- N 20 m a o_156z!_-- + hS 2n AVEME m.• "-Sr T 023- 08 NI/A OR.SEC."-6-1/N AVEM/E I V a 10 NN .. •3 N " 10 4 is -- BLK_5, •1013 --- ' 6 I7 _ "__fum - _ '7.. It A .8 >2R -15 ---.aa..-•9 i20• $_ 16 __(N-1 21 e A" rs 27',a sa -' o• TIRTEENTH MAVIWGTON BEACH.WESLEY PARK SECTION UAL 4-17 TRACT MZ 68 ALAL 10-12 TRACT NO. 10808 MM 486-39.4041 SEE SPECIAL PACE 023-089 FOR SUBSURFACE FEE TITLE ASSESSMENT POR. W 1/2, NW 1/4, SEC. 6, T 5 S. R 9 N 06 k as a a ------- 2 LS 24-05 :OSWEGOJ STREET b STREET I NOTE - ASSESSOR'S BLOCK d PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'S MAP BOOK 023 PAGE 08 COUNTY OF ORANGE