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HomeMy WebLinkAboutLot Line Adjustment LLA2002004 - Plansi . . . . . . .. .. . . . .. . . . . .. .. . . ... ...... Mail recorded copies to: . . . .. . . .... . ..CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT 2000 Main Street Huntington Beach, CA 92648 above reserved for County Recorder's use CITY OF HUNTINGTON BEACH 1i ,&Lot Line Adjustment 0 HUNTINGTON BEACH RECORD OWNERS: L L PARCELS 1 AND 2 NAME: Taki Sun Inc. ADDRESS : 6400 E. Pacific Coast Hi hwa Lon Beach, CA 90803 DAYTIME PHONE: 562 434-8451 (I/We) hereby certify that: 1) (I/am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: PARCELS 1 AND 2 Signature Name: 5WPA i'-!i"J 2,N r/10-0971-0 1/aMla/5-15-02/jrd/zk CITY OF HUNTINGTON BI ACH Lot Line Adjustment. L L STATE OF CALIFORNIA COUNTY OF ORANGE :00 :00 Ve .• .. . . . ON THIS DAY OF , 2002, BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED MARK J. SCHWENE AND PA MELA S. NAGEL-SCHWENE, PERSONALLY KNOWN TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRU MENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES MY PRINCIPAL PLACE OF BUSINESS NOTARY PUBLIC IN AND FOR IS IN COUNTY. SAID STATE. PRINT NAME k#t#####iii#iki k4##4###ki #4k##f#ii###k##t###tk###########t#t####iiikkk #####t##i4##f4 ##k####k####kt###i#tk STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) ON THIS I 1 DAY OF A 2002, BEFORE ME M%® S A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED f1 fly Ll AND , PERSONALLY KNO TO ME OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND: MY COMMISSION EXPIRES JT,tE 16 0o4 i L., TARY UBLIC FOR AID STATE. tt __ iw S £AJNLTJP%b PRINT NAME MY PRINCIPAL PLACE OF BUSINESS IS IN Los AN £LLS COUNTY. r/10-097I-01/aMlanotary/5-15-02/jrd/zk JAMES KENNETH HEDGES Commission # 1264412 Notary Public - Colfcn tas Angeles County MyCcm Bq*osJun142M4 •0 CITY OF HUNTINGTON ff&CH' : . . . Lot Line Adjustment LL - CONTACT PERSON: John R. Du uette c/o Huitt-Zollars Inc. ADDRESS: 430 Exchan e Suite 200 Irvine CA 92602-1309 DAYTIME PHONE: 714 734-5100 THIS DOCUMENT CONSISTING OF PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. John R. Duquette P.L.S. 7566 MY REGISTRATION/LICENSE EXPIRES 12/31/03 EXAMINED AND APPROVED By: Robert E. Eichblatt, R.C.E. 20921 City Engineer My Registration/License expires 9/30/05 DATED THIS DAY OF DATE FILED r/ 10-0971-0 1 /a/l/l l ap g2/5 -15-02/j rd/zk ZONE 2002 . . ... .. . ... 4PL LA/y0 DUQGF G'0 mo NO. 7566 2 EXP. 12/31/03 1%"OF CA1.1?0s,", ZONING ADMINISTRATOR ACTION Date: r r CITY OF HUNTINGTON BE No 0'• .•' Lot Line Adjustment " 6 • •'• LL - LEGAL DESCRIPTION . .... . Owners Existing Parcels AP Numbers Proposed Parcels Reference Number Taki Sun Inc.,441178 12 P l 1a California co Taki Sun Inc., oration -- 178-441-12 arce Parcel 2a California co oration Parcel 1: (Adjusted) Sheet 1 of 2 Sheets Parcel 5 of Parcel Map No. 79-566, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 147, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County. EXCEPTING therefrom that portion of said Parcel 5 lying Southerly of.the following described line: Commencing at the Southeasterly terminus of that certain course in the general Southerly line of said Parcel 5 shown as having a bearing and distance of "N 47°55'44 W 42.50' " on said Parcel Map; thence North 47°5544" West 42.50 feet along said general Southerly line to the TRUE POINT OF BEGINNING; thence continuing along the Northwesterly prolongation of said general Southerly line North 47°55'44" West 74.25 feet; thence South 46°11'25" West 227.75 feet to the Southwesterly line of said Parcel 5. Adjusted Parcel 1 contains an area of 5.263 acres, more or less. Parcel 2: (Adjusted) Parcel 4 of Parcel Map No. 79-566, in the City of Huntington Beach, County of Orange, State of California, as shown on the map filed in Book 147, Pages 8 and 9 of Parcel Maps, in the office of the County Recorder of said County. TOGETHER with that portion of said Parcel 5 of said Parcel Map No. 79-566, lying Southerly of the following described line: Commencing at the Southeasterly terminus of that certain course in the general Southerly line of said Parcel 5 shown as having a bearing and distance of "N 47°55'44 W 42.50' " on said Parcel Map; thence North 47°55'44" West 42.50 feet along said general Southerly line to the TRUE POINT OF BEGINNING; thence continuing along the Northwesterly prolongation of said general Southerly line North 47°55'44" West 74.25 feet; thence South 46°11'25" West 227.75 feet to the Southwesterly line of said Parcel 5. r/10-0971-0 1/a/V11a1egaV5-15-02/jrd/zk 9 0 CITY OF HUNTINGTON BEACH Lot Line Adjustment LL LEGAL DESCRIPTION Existing Parcels Proposed Parcels Owners AP Numbers Reference Number Mark J. Schwene and 110-016-17 (old number for all Parcel 1 Pamela S. Na el-Schwene of Tract No. 15734 Signal Landmark,110-016-17 (old number for all Parcel A a California Co oration of Tract No. 15734 Sheet 2 of 2 Sheets Adjusted Parcel 2 contains an area of 2.001 acres, more or less. J R. DUQUE , LS 7566 Cpl LANG DUGF G p cc+ < NO. 7566 aEXP. 12/31/03 P 916 OF CAL\ r/10-0971.01 /aMlalegaV5-15-02/jrd/zk 9 0 CITY OF HUNT/NOTON BEACH LOT LINE ADJUSTMENT L L 2002 - MAP OWNERS TAKI SUN, INC. A CALIFORNIA CORPORATION TAKI SUN, INC. A CALIFORNIA CORPORATION N415346"E 149.64' EXISTING PARCELS PROPOSED PARCELS AP NUMBERS • REF69RENCE •N BER 178-441-12 178-441-12 SHEET 1 OF 3 ANDERSON STREET N493420-E 92.85' N30'58'S1 E. PRA 6 . r1o 5 -----------------------------SEE 2 4 N415646 "E 136.47' -p--L 2 N4154'18"E 139.11' ... . . • . . .. . . 900 . .000 RAI;GEL;1.:. 11 PARCEL 2 Zc) wl,') LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN PROPOSED PARCEL LINE SEE SHEET 3 FOR COURSE AND CURVE TABLE N oNPL LANO O O A .Ca m caNO. 7566 m * EXP. 12/31/03 srATf OF CA0 F JO R. DUQU , L.S. 7566 c p'M NO, 79 -586 N41 1046"E 183.50' V oZ PARCEL 1 5.263 AC. PCL N467125 22775, PARCEL 2 2 PA1B'. 117 / 8 - J 'co, N475544"W 116.75' SHEET 2 • • CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT LL2002- MAP . . ... .. . ... OWNERS EXISTING PARCELS AP NUMBERS TAKI SUN, INC 178-441-12A CALIFORNIA CORPORATION TAKI SUN, INC.178-441-12A CALIFORNIA CORPORATON It SEE SHEET PARCEL 1 5.263 AC. I SHEET 2 OF PCL. a 03 2 O N467125 E 227.75'PiYI. l f41 PARCEL 2 ---- 2.001 AC. h N42 04'16-EnZW 16.50'N CZ` n t N475544"W 0 00 O 45.17' ' 5 p N6S\p b` RC e° Pik/l J\la, 1D - 5 65' PROPOSED PARCELS EEI?ENCE. AUJMBER : PARCEL. 1 PARCEL 2 TRACT fl O . 10004 MM.Iyl 41Ei / SCALE- 1 "-- 100' 1 N4146'24 E 114.03' 4 LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN PROPOSED PARCEL LINE 1 rE ooo = yrE Ni9-31 o at2 0 00, 9ERAp . ... . .. . Pry j N5256:53E 0p SEE SHEET 3 FOR COURSE AND CURVE TABLERAD 8,y 9 CITY OF HUNT/NGTON BEACH LOT LINE ADJUSTMENT OWNERS TAKI SUN, INC.A CALIFORNIA CORPORA 770N TAKI SUN, INC. A CALIFORNIA CORPORA 11ON L L 2002 - MAP EX/S77NG PARCELS AP NUMBERS 178-441-12 178-441-12 .. . . . . . . . . PROPOSED PARCELS REFERENCE NUMBER PAR ELi• PA) Et 2'.• SHEET 3 OF 3 Q N48'06'14 "W 87.50'A = 1575'12" ZQN57178'58E 34.53'R = 40.00' N4153 46 E 68 40'L=1 0. 65' Q N4321 41 "W 47.23'p = 0927'09" 50.N5248'50'W 15.42'R = 4000' 'L=6.60© N52'48'50"W 41.46' Q p = 1083529 R = 2700' L = 51.17' G. \ 10097101 \LLA \LL097101.DWG 0 0 CITY OF HUNTINGTON BEA CH LOT LINE ADJUSTMENT LL2002- SITE MAP OWNERS EXISTING PARCELS AP NUMBERS TAK! SUN, INC 178-441-12A CALIFORNIA CORPORA770M TAKI SUN, INC 178-441-12A CALIFORNIA CORPORA 770N / F4SEMENs 1Q EASEMENT FOR DRAINAGE PURPOSES DEDICATED TO THE CITY OF HUN77NGTON BEACH PER TRACT 6695 19/ ... . . . . . ... •. . ... PROPOSED PARCELS REFE 3ENCE NUMBER NREL . 0 -6 PARCEL 2 SHEET 1 OF 1 A (v PARCEL. 22001 AG. 0 12 6 C. -9s \\Q2 EASEMENT FOR PIPELINE PURPOSES DEDICATED \ TO SUNSET LAND AND WATER CO. PER As, O.R. 5861/612. © EASEMENT FOR SANITARY SEWER PURPOSES DEDICATED TO THE CITY OF HUN77NGTON BEACH PER O.R. 7250/337. ® EASEMENT FOR ELECTRIC U77UTY PURPOSES DEDICATED TO SOUTHERN CALIFORNIA EDISON PER O.R. 13123/1106. (COVERS EN77RE SITE) EASEMENT FOR U77LITY PURPOSES DEDICATED TO GENERAL TELEPHONE COMPANY PER O.R. 13282/14. (COVERS ENTIRE SITE) LEGEND -------- LOT LINE TO BE REMOVED LOT LINE TO REMAIN - PROPOSED PARCEL LINE J N R. DUQUE , L.S. 7566 SCALE.- 1`150' \ Cpl' }., ,apl. LANG DUQ, rnaNO. 7566 :' * EXP. 12/31/03 l4lf OF CAOIdle G. \ 10097101 \LLA \LL097102.DWG File : G:\10097101 \LLA\CLOSURES _final.OUT 5/13/2002, 2 :¢O:.O.%PM . . . . • • •• • • • • • • • • • • ••• •• • ••• Lot name : LL-PCL-1 North: 11006 .9476 East : 9147.5456 Line Course : N 41-46-24 E Length: 114.03 North: 11091 .9895 East : 9223.5108 Line Course : N 48-13 -36 W Length: 30.00 North: 11111 .9751 East : 9201.1372 Line Course : N 10-39-00 E Length: 84.34 North: 11194 .8623 East : 9216.7240 Line Course : N 48-06-14 W Length: 87.50 North: 11253 .2932 East: 9151.5928 Line Course : S 57-08 -58 W Length: 34.53 North: 11234 .5570 East : 9122.5761 Curve Length : 10.65 Radius: 40.00 Delta: 15-15 -12 Tangent: 5.36 Chord: 10.62 Course: S 49 -31-19 W Course In : S 32-51-02 E Course Out : N 48-06-14 W RP North: 11200 .9541 East : 9144.2751 End North : 11227.6654 East: 9114.5008 Line Course : S 41-53-46 W Length: 68.40 North: 11176 .7514 East : 9068.8245 Line Course : N 48-06-14 W Length: 97.50 North: 11241 .8601 East : 8996.2497 Line Course : S 41-53-46 W Length: 183.50 North: 11105 .2707 East: 8873.7117 Line Course : N 48-06-14 W Length: 177.57 North: 11223 .8487 East: 8741.5363 Line Course : S 41-54-18 W Length: 139.11 North: 11120 .3156 East : 8648.6250 Line Course : N 43-21-41 W Length: 47.23 North: 11154 .6536 East : 8616.1970 Curve Length : 6.60 Radius: 40.00 Delta: 9-27 -09 Tangent: 3.31 Chord: 6.59 Course: N 48 -05-13 W Course In : S 46-38-19 W Course Out : N 37-11-10 E RP North: 11127 .1897 East : 8587.1155 End North : 11159.0562 East: 8611.2925 Line Course : N 52-48-50 W Length: 15.42 North: 11168 .3761 East : 8599.0078 Line Course : N 41-56-46 E Length: 136.47 North: 11269 .8789 East : 8690.2286 Line Course : N 48-06-14 W Length: 160.00 North: 11376 .7241 East : 8571.1315 Line Course : S 41-53-46 W Length: 149.64 North: 11265 .3385 East : 8471.2046 Line Course : N 52-48-50 W Length: 41.46 North: 11290 .3972 East : 8438.1744 Line Course : S 49-34 -20 W Length: 92.85 North: 11230 .1850 East: 8367.4948 Curve Length : 51.17 Radius: 27.00 Delta: 108 -35-29 Tangent: 37.57 Page: 1 •0 File: G:\10097101\LLA\CLOSURES_final.OUT 5/13/2002, 2:d0 .i03PM .•• ••• Chord: 43.85 Course In: S 40-25-40 E RP North: 11209.6319 End North: 11186.4836 Curve Length: 289.68 Delta: 15-39-28 Chord: 288.79 Course In: S 30-58-51 W RP North: 10277.6957 End North: 11005.4893 Line Course: S 43-21-41 E North: 10777.8538 Line Course: N 46-11-25 E North: 10935.5173 Line Course: S 47-55-44 E North: 10885.7659 Line Course: S 47-55-44 E North: 10857.2887 Line Course: N 42-04-16 E North: 10869.5369 Line Course: S 47-55-44 E North: 10839.2773 Line Course: N 19-31-00 E North: 10858.5335 Line Course: N 00-00-00 E North: 10909.5335 Line Course: N 19-14-42 E North: 11006.9381 Course: S 04-43-26•x• •.• Course Out: S 30-58-51 W East: 8385.0040 East: 8371.1060 Radius: 1060.00 Tangent: 145.75 Course: S 51-11-27 E Course Out: N 46-38-19 E East: 7825.4828 East: 8596.1426 Length: 313.10 East: 8811.1164 Length: 227.75 East: 8975.4705 Length: 74.25 East: 9030.5873 Length: 42.50 East: 9062.1356 Length: 16.50 East: 9073.1915 Length: 45.17 East: 9106.7144 Length: 20.43 East: 9113.5397 Length: 51.00 East: 9113.5397 Length: 103.17 East: 9147.5454 Perimeter: 2911.53 Area: 229,267 sq.ft. 5.263 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0094 Course: S 01-44-02 w Error North: -0.00941 East: -0.00029 Precision 1: 309,114.08 Lot name: LL-PCL-2 North: 10653.8773 East: 8538.5955 Line Course: N 19-31-00 E Length: 129.84 North: 10776.2572 East: 8581.9726 Line Course: N 47-55-44 W Length: 45.17 North: 10806.5168 East: 8548.4497 Line Course: S 42-04-16 W Length: 16.50 North: 10794.2686 East: 8537.3938 Line Course: N 47-55-44 W Length: 42.50 North: 10822.7458 East: 8505.8455 Line Course: N 47-55-44 W Length: 74.25 North: 10872.4972 East: 8450.7287 Line Course: S 46-11-25 W Length: 227.75 North: 10714.8337 East: 8286.3746 Line Course: S 43-21-41 E Length: 76.04 North: 10659.5498 East: 8338.5834 Curve Length: 341.70 Radius: 1060.00 Delta: 18-28-12 Tangent: 172.35 . •• • • • 009 0% * *00 •, ••• • • •• • • • • • • • • • . • • • . • •.• • •• Page: 2 File: G:\10097101\LLA\CLOSURES final.OUT 5/13/2002, 2a40 9B6PM • • • • •• • • • Chord: 340.22 Course: S 34-07-35 ftff • • ••• • • Course In: S 46-38-19 W Course out: N 65-06-31 E •00•00 •• RP North: 9931.7562 East: 7567.9237 End North: 10377.9143 East: 8529.4552 •• ••• • • •• Curve Length: 220.09 Radius: 1036.99 0 9 0 0 • • • Delta: 12-09-38 Tangent: 110.46 V. :• • • 5 • Chord: 219.68 Course: S 30-58-19 E • ••• • •• Course In: N 65-06-31 E Course Out: S 52-56-53 W RP North: 10814.3875 East: 9470.1143 End North: 10189.5607 East: 8642.5034 Line Course: N 52-56-53 E Length: 83.00 North: 10239.5714 East: 8708.7448 Curve Length: 202.48 Radius: 953.99 Delta: 12-09-38 Tangent: 101.62 Chord: 202.10 Course: N 30-58-18 W Course In: N 52-56-53 E Course Out: S 65-06-31 W RP North: 10814.3875 East: 9470.1143 End North: 10412.8535 East: 8604.7430 Curve Length: 175.90 Radius: 1143.00 Delta: 8-49-02 Tangent: 88.12 Chord: 175.73 Course: N 29-18-00 W Course In: S 65-06-31 W Course Out: N 56-17-29 E RP North: 9931.7654 East: 7567.9194 End North: 10566.1001 East: 8518.7445 Line Course: N 12-44-25 E Length: 90.00 North: 10653.8843 East: 8538.5924 Perimeter: 1725.21 Area: 87,171 sq.ft. 2.001 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0077 Course: N 23-35-29 W Error North: 0.00705 East: -0.00308 Precision 1: 224,235.$2 Page: 3 I • CHICAGO TITLE COMPANY 0 "-'-VAJ " PRELIM.I1ARY,REPORT . . .. . . . . . . . . Dated as of AI ril 19,12W 0 at 7:30 AM Order No.: 210452 ;X49. • . Regarding: 16400 PACIFIC COAST HIGHWAY HUNTINGTON BEACH, CA CHICAGO TITLE COMPANY hereby reports that it prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully . The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE 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 AMERICAN LAND TITLE ASSOCIATION LOAN EXTENDED COVERAGE POLICY Title Department: CHICAGO TITLE COMPANY 700 S. FLOWER ST. #900 LOS ANGELES, CA 90017 (213)488-4300 fax: (213)488-4385 DAVE BALASSI X49 I PFPG -03/25/01bk S SCHEDULE A Order No: 21045226 X49 Your Ref: •... .. . . . . . 1. The estate or interest in the land hereinafter described or referred to covered by this repblrt is" • A FEE 2. Title to said estate or interest at the date hereof is vested in: TAKI SUN, INC., A CALIFORNIA CORPORATION 3. The land referred to In this report is situated In the State of California, County of ORANGE and is described as follows: SEE ATTACHED DESCRIPTION PREA -10/31/97bk Page 1 DESCRIPTION Order No.21045226 PARCELS 1 , 2, 3, ()AND 0 OF PARCEL MAP NO. 79-566, I N T 1 C LTY. C :HON1 INGT6N' BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP R6CQRDEd IN*9004 4? PAGES 8 AND 9 OF PARCEL MAPS , IN THE OFFICE OF THE COUNTY RI•CORDt2 dft SAID COUNTY. EXCEPT ALL OIL, GAS, PETROLEUM AND OTHER HYDROCARBON SUBSTAHCES:ANr! ALL crI ER MINERALS OF EVERY KIND AND CHARACTER, (EXCEPT WATER AND R I G13r:T0. AP*RAOPR I;kII'E OR DIVERT WATER, WHETHER SUCH RIGHTS BE VESTED OR CONTINGENT), IN, UNDER OR RECOVERABLE FROM A PORTION OF SAID LAND, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OR SUBSURFACE OF SAID LAND ABOVE 500 FEET BELOW THE PRESENT NATURAL LEVEL OF THE SURFACE OF SAID LAND, AS RESERVED IN VARIOUS DEEDS TO JASAM INC., A CORPORATION RECORDED OCTOBER 11, 1960 IN BOOK 5456 PAGE 410, ET SEQ., OF OFFICIAL RECORDS. ALSO EXCEPT ALL OIL, GAS, ASPHALTUM AND OTHER HYDROCARBON AND OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, BUT NOT INCLUDING WITHIN THIS EXCEPTION ANY RIGHT TO USE THE SURFACE OF SAID PROPERTY OR THAT PORTION OF THE SUBSURFACE THEREOF LYING ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE FOR THE AFORESAID PURPOSES, AS RESERVED IN THE DEED FROM SUNSET LAND AND WATER COMPANY, RECORDED SEPTEMBER 27, 1961 IN BOOK 5861 PAGE 612 OF OFFICIAL RECORDS. ALSO EXCEPT THE SUBSURFACE WATER RIGHTS, BUT WITHOUT THE RIGHT OF ENTRY TO THE SURFACE OR TO THE SUBSURFACE ABOVE THE DEPTH OF 500 FEET, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH, BY ENDORSEMENT ON THE MAP OF TRACT NO. 6675 AS PER MAP RECORDED IN BOOK 436 PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. I 0 0SCHEDULE B Page 1 Order No: 21045226 X49 Your Ref:. ..• . . . . . . .. . . . . . . . . At the date hereof exceptions to coverage in addition to the printed Exceptions and ExccluAons idthe policy form designated on the face page of this Report would be as follows: A 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED W tTIJ TAME,?. TO $'E. LEVIED FOR THE FISCAL YEAR 2002-2003 THAT ARE A LIEN ITT YET DUE. : : . . .ego . . B 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR:2001-2002 1ST INSTALLMENT:$57,781.00 2ND INSTALLMENT:$57,781.00 EXEMPTION:$NONE CODE AREA:04001 ASSESSMENT NO:178-441-12 C 3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY 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 CALIFORNIA 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. D 4. ANY ADVERSE CLAIMS BASED UPON THE ASSERTION THAT ANY PORTION OF SAID LAND WAS NOT TIDELANDS SUBJECT TO DISPOSITION BY THE STATE OF CALIFORNIA, OR THAT ANY PORTION THEREOF HAS CEASED TO BE TIDELANDS BY REASON OF EROSION OR BY REASON OF HAVING BECOME UPLAND BY ACCRETION, OR THAT ANY PORTION THEREOF HAS BEEN CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTIONS SO CREATED. E 5. THE RIGHTS AND EASEMENTS FOR COMMERCE, NAVIGATION AND FISHERY. F 6. ANY RIGHTS IN FAVOR OF THE PUBLIC WHICH MAY EXIST ON SAID LAND FOR ACCESS, PARKING, BEACH OR RECREATIONAL USES, IF SAID LAND OR PORTIONS THEREOF WERE AT ANY TIME USED BY THE PUBLIC FOR SUCH PURPOSES. G 7. A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIMS FOR DAMAGE TO SAID LAND BY REASON OF THE LOCATION OF A HIGHWAY OR FREEWAY CONTIGUOUS THERETO AS CONTAINED IN DOCUMENT, RECORDED AUGUST 27, 1930 IN BOOK 410 PAGE 165, OFFICIAL RECORDS. H 8. THE PRIVELEGE AND RIGHT, GRANTED TO THE STATE OF CALIFORNIA BY THE INSTRUMENT RECORDED AUGUST 27, 1930 IN BOOK 410 PAGE 165, OFFICIAL RECORDS, TO EXTEND DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF PACIFIC COAST HIGHWAY, WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE OF SAID STATE HIGHWAY. PREB -10/31/97bk Page 2 SCHEDULE B (continued) Order No: 21045226 X49 Your Ref: , , •. • 1 9. THE EXCEPTION AND RESERVATION IN THE DEEDS RECORDED OCTOBER 11, 1960 IN BOOK 5456 PAGES 410 , ET SEQ . OF OFFICIAL RECORDS OF EASEMENTS AND RIGHTS OF WAY IN, UNDER, ACROSS AND THROUGH SAID PROPERTY AT ALC0LEVVLS*YNDtrr500 FEET BELOW THE "PRESENT" NATURAL LEVEL OF THE SURFACE W AIE PROPE'ltfY TO DRILL, REDRILL, DEEPEN, LINE, CONSTRUCT, MAINTAIN, MOI:IFY:,•REPAIR AND OPERATE ONE OR MORE WELLS, CASINGS, MINE SHAFTS, MINE TUNNELS AND ALL NECESSARY DRILLING AND MINING EQUIPMENT FROM A SURFACE LOCATION OR LOCATIONS ON LAND OTHER THAN SAID PROPERTY (OR FROM'A SURFACE LOCATION OR LOCATIONS ON SAID PROPERTY IF THE RIGHT SO TO DO BE HEREAFTER ACQUIRED) AND TO CARRY ON AND PROSECUTE ALL NECESSARY AND PROPERTY OPERATIONS FOR DIRECTIONAL DRILLING, MINING AND PRODUCTION UNDER AND THROUGH SAID PROPERTY FROM SUCH SURFACE LACATION OR LOCATIONS TO PRODUCTION OR EXTRACTION POINTS OR PRODUCTIVE WELL BOTTOMS UNDER SAID PROPERTY OR ANY PART THEREOF OR UNDER SAID OTHER LAND. J 10. THE COVENANT CONTAINED IN THE DEED RECORDED OCTOBER 11, 1960 IN BOOK 5456 PAGES 410, ET SEQ. OF OFFICIAL RECORDS THAT SAID LAND SHALL NOT, NOR SHALL ANY PART THEREOF, BE USED AS A DRILLING SITE OR SURFACE LOCATION FOR OIL OR GAS EXPLORATION OR DRILLING OR MINING OPERATIONS (EXCEPT AS AND TO THE EXTENT THAT THE RIGHT SO TO DO MAY HEREAFTER BE ACQUIRED BY GRANTORS, THEIR SUCCESSORS OR ASSIGNS). K 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SUNSET LAND & WATER COMPANY, A CALIFORNIA CORPORATION PURPOSE: PIPE LINE FOR DOMESTIC WATER AND THE RIGHT OF INGRESS AND EGRESS TO LAY AND MAINTAIN THE SAME RECORDED: SEPTEMBER 27, 1961 IN BOOK 5861 PAGE 612, OFFICIAL RECORDS AFFECTS: A PORTION OF THE SOUTHWESTERLY 10 FEET OF PARCEL 5 L REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. N 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT N GRANTED TO: THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION PURPOSE: SANITARY SEWER PURPOSES RECORDED: OCTOBER 7, 1964 IN BOOK 7250 PAGE 337, OFFICIAL RECORDS AFFECTS: THE SOUTHWESTERLY 10 FEET OF PARCEL 4 AND A PORTION OF THE SOUTHWESTERLY 10 FEET OF PARCEL 5 REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT PRELIMBC-9/23/93bk Page 3 SCHEDULE B (continued) Order No: 21045226 X49 Your Ref:...0. go go. . . . .. . . . . ... .. . ... GRANTED TO: STATE OF CALIFORNIA PURPOSE: NON-EXCLUSIVE EASEMENT BELOW THE'I2ERTH (fl 560: €ET FROM THE PRESENT SURFACE OF SAID:.CAIQP, FOR THE PURPOSES OF DRILLING, OPERATING,:6iAFNTAINIING,•• REPAIRING AND REPLACING TUNNELS, CORE HOLES AND WELL BORES FOR THE PRODUCTION OF OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND OTHER MINERALS FROM A PORTION OF SAID LAND (STATE MINERAL LANDS) RECORDED: AUGUST 17, 1973 IN BOOK 10855 PAGE 596, OFFICIAL RECORDS AFFECTS: SAID LAND P REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. Q 14. A DOCUMENT ENTITLED "MEMORANDUM OF AGREEMENT AND COVENANT RUNNING WITH LAND", EXECUTED BY THE HUNTINGTON PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, BROADMOOR HOMES, INC., A CALIFORNIA CORPORATION AND BROADMOOR GRIMAUD, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED MAY 11, 1977 IN BOOK 12189 PAGE 1363, OFFICIAL RECORDS. R 15. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF:TRACT NO. 6675, AS PER MAP RECORDED IN BOOK 436 PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EASEMENT PURPOSE: DRAINAGE PURPOSES AFFECTS: A PORTION OF PARCEL 5 AS DELINEATED ON SAID MAP S 16. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. MAP OF:TRACT NO. 6675, AS PER MAP RECORDED IN BOOK 436 PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY PACIFIC COAST HIGHWAY, EXCEPT AT STREET INTERSECTION AND PRIVATE DRIVES AS APPROVED BY THE BOARD OF ZONING ADJUSTMENT AFFECTS: T 17. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE STORM DRAIN SYSTEM AND APPURTENANCES, AND THE DOMESTIC WATER SYSTEM AND APPURTENANCES, AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF TRACT NO. 6675 , AS PER MAP RECORDED IN BOOK PRELIMBC-9/23/93bk Page 4 SCHEDULE B (continued) Order No: 21045226 X49 Your Ref-0 000 • • • • • . 436 PAGES 47 AND 48 OF MISCELLANEOUS MAPS , IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. U 18. ACCESS RIGHTS IN, OVER, ACROSS, UPON AND THROUGH THE I;RjVffTE :STREE1S.WITHIN SAID TRACT, FOR THE PURPOSES OF MAINTAINING, SERVICINQ,•CLEANFNG, V PAIRING AND REPLACING THE STORM DRAIN SYSTEM AND WATER SYSTEM WITH SAID TRACT, AS DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF TRACT NO . 6675, AS PER MAP RECORDED IN BOOK 436 PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. V 19. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION PURPOSE : UNDERGROUND ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS RECORDED : APRIL 27, 1979 IN BOOK 13123 PAGE 1106, OFFICIAL RECORDS AFFECTS: SAID LAND W REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. X 20. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: PURPOSE: RECORDED: AFFECTS: GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION UNDERGROUND CONDUITS, MANHOLES , PEDESTALS, CABLES, WIRES AND APPURTENANCES FOR THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND OTHER PURPOSES AUGUST 23, 1979 IN BOOK 13282 PAGE 14, OFFICIAL RECORDS SAID LAND Y REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. Z 21. A DOCUMENT ENTITLED "DECLARATION AND AGREEMENT OF COVENANTS", EXECUTED BY THE HUNTINGTON PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS , PROVISIONS AND CONDITIONS THEREIN CONTAINED , RECORDED APRIL 16, 1980 IN BOOK 13577 PAGE 167, OFFICIAL RECORDS. AA 22. A DOCUMENT ENTITLED "GRANT OF EASEMENTS", EXECUTED BY HUNTINGTON PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP AND CONTINENTAL DEVELOPMENT OF CALIFORNIA, INC., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 8, 1980 IN BOOK 13695 PAGE 29, OFFICIAL RECORDS. AB 23. A DOCUMENT ENTITLED "AGREEMENT", EXECUTED BY THE HUNTINGTON PARTNERSHIP, A PREUMBC -9/23/93bk Page 5 Order No: 21045226 X49 • • SCHEDULE B (continued) Your Ref:. ... . . • - . . .. . . . . • . ... . . . CALIFORNIA LIMITED PARTNERSHIP AND CONTINENTAL DEVELOPMENT UF*CALIFORNIA, INC., A CALIFORNIA CORPORATION, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED AUGUST 13, 198Q'jN:f300R.137dd.PAGE 721, OFFICIAL RECORDS. ' : . . . . . AC 24. A DOCUMENT ENTITLED "DECLARATION OF COVENANTS", EXECUTED BY THE HUNTINGTON PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, IN FAVOR OF THE PEOPLE OF THE STATE OF CALIFORNIA, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED APRIL 17, 1981 IN BOOK 14025 PAGE 351, OFFICIAL RECORDS. AD 25 . A DOCUMENT ENTITLED "CIVIL CODE SECTION 813 NOTICE", EXECUTED BY THE HUNTINGTON PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JULY 7, 1981 IN BOOK 14131 PAGE 1, OFFICIAL RECORDS. AE 26. COVENANTS, CONDITIONS AND RESTRICTIONS (BUT OMITTING THEREFROM ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN, IF ANY, UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS) AS SET FORTH IN THE DOCUMENT. RECORDED: DECEMBER 29, 1988 AS INSTRUMENT NO. 88-679618, OFFICIAL RECORDS AF MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: JULY 23, 1993 AS INSTRUMENT NO. 93-491888, OFFICIAL RECORDS AG NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTION 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, AND MAY BE REMOVED PURSUANT TO SECTION 12956.1 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. AH 27. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: $6,000,000.00 DATED: AUGUST 23, 2000 TRUSTOR: TAKI SUN, INC., A CALIFORNIA CORPORATION PRELIMBG9/23/93bk Page 6 Order No: 21045226 X49 TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: • SCHEDULE B (continued) Your Ref: • . ... . . . . STEWART TITLE COMPANY OF CALIFORNIA WING LUNG BANK LTD. Go* 00 0 00 AUGUST 29, 2000 AS INSTRUMENT NO„•.20000.15A202;-. OFFICIAL RECORDS NOT SHOWN .. .. . . . . . . . .:-0 Al 28. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: ORIGINAL LOAN NUMBER: $600,000.00 NOVEMBER 10, 2000 TAKI SUN INC., A CALIFORNIA CORPORATION STEWART TITLE OF CALIFORNIA, INC. WING LUNG BANK, LTD. DECEMBER 19, 2000 AS INSTRUMENT NO. 20000687364, OFFICIAL RECORDS NOT SHOWN AJ 29 . AN ASSIGNMENT RECORDED: DECEMBER 19, 2000 AS INSTRUMENT NO. 20000687365, OFFICIAL RECORDS OF CERTAIN OF THE LESSOR'S INTERESTS UNDER LEASES REFERRED TO THEREIN, WHICH ASSIGNMENT RECITES, AMONG OTHER THINGS, THAT IT IS GIVEN AS ADDITIONAL SECURITY FOR THE OBLIGATION SECURED BY THE DEED OF TRUST RECORDED: DECEMBER 19, 2000 AS INSTRUMENT NO. 20000687364, OFFICIAL RECORDS AK 30. A DOCUMENT ENTITLED "HAZARDOUS SUBSTANCES AGREEMENT", DATED NOVEMBER 10, 2000 EXECUTED BY TAKI SUN, INC., A CALIFORNIA CORPORATION AND WING LUNG BANK , LTD., SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED DECEMBER 19, 2000 AS INSTRUMENT NO. 20000687366, OFFICIAL RECORDS. AL 31. A CLAIM OF MECHANIC'S LIEN AMOUNT : $2,574.95 CLAIMANT: PICK RED, INC. RECORDED: AUGUST 15, 2001 AS INSTRUMENT NO. 20010563319, OFFICIAL RECORDS AM 32. ANY OTHER CLAIMS FOR MECHANICS' LIENS THAT MAY BE RECORDED BY REASON OF A PRELIMBC-9/23/93bk • Page 7 SCHEDULE B (continued) • Order No: 21045226 X49 Your Ref:. ... . . . . . age WORK OF IMPROVEMENT THAT IS DISCLOSED BY THE MECHANIC S LIEN SHOWN IN THE LAST ABOVE NUMBERED ITEM. AN 33 . A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGGNALL.AMOUNT SI- iN BELOW • • • AMOUNT: DATED: TRUSTOR: TRUSTEE: BENEFICIARY: RECORDED: AO ORIGINAL LOAN NUMBER: $5,000,000.00 AUGUST 15, 2001 TAKI SUN INC., A CALIFORNIA CORPORATION STEWART TITLE OF CALIFORNIA, INC. WING LUNG BANK LTD., A HONG KONG BANK ACTING THROUGH ITS LOS ANGELES BRANCH AUGUST 23, 2001 AS INSTRUMENT NO. 20010586350, OFFICIAL RECORDS NOT SHOWN AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AP 34 . WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. AQ 35. ANY RIGHTS OF THE PARTIES IN POSSESSION OF SAID LAND, BASED ON ANY UNRECORDED LEASE, OR LEASES. THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED LEASE BE SUBMITTED TO US, TOGETHER WITH ALL SUPPLEMENTS, ASSIGNMENTS AND AMENDMENTS, BEFORE ISSUING ANY POLICY OF TITLE INSURANCE. AR 36. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR SURVEY OF SAID LAND OR BY INQUIRY OF THE PARTIES IN POSSESSION THEREOF. AS THIS OFFICE MUST BE NOTIFIED AT LEAST 7 BUSINESS DAYS PRIOR TO THE SCHEDULED CLOSING IN ORDER TO ARRANGE FOR AN INSPECTION OF THE LAND; UPON COMPLETION OF THIS INSPECTION YOU WILL BE NOTIFIED OF THE REMOVAL OF SPECIFIC COVERAGE EXCEPTIONS AND/OR ADDITIONAL EXCEPTIONS TO COVERAGE. AT 37. 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 PREUMBG9/23/93bk • Page 8 SCHEDULE B (continued) Order No: 21045226 X49 Your Ref: • ... . .. . .... . . ... .. . ... POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PERFERENTIAL TRANSFER RESULTS FROM THE FAILURE::10 :09 8*0 00 :00 (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSiE1;:.-OR; • . . ... . .. (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. AU 38 . ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS , THAT IS BASED ON: (i) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (ii) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (iii) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. AV END OF SCHEDULE B AW NOTE NO. 1 : 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. AX NOTE NO. 2: BEFORE ISSUING ITS POLICY OF TITLE INSURANCE, THIS COMPANY WILL REQUIRE EVIDENCE, SATISFACTORY TO THE COMPANY, THAT TAKI SUN, INC., A CALIFORNIA CORPORATION IS VALIDLY FORMED AND IN GOOD STANDING ON THE DATE WHEN DOCUMENTS IN THIS TRANSACTION ARE TO BE EXECUTED. ANY INSTRUMENT IN WRITING IN THE NAME OF THE CORPORATION WILL BE SUFFICIENT FOR TITLE INSURANCE PURPOSES IF, PURSUANT TO SECTION 5212 OF THE CALIFORNIA PRELIMBC-9/23/93bk Page 9 SCHEDULE B (continued) Order No: 21045226 X49 Your Ref: . .. • • CORPORATIONS CODE, IT IS SIGNED AND ACKNOWLEDGED BY ANY ONEOFTHE •• FOLLOWING OFFICERS: • THE CHAIRMAN OF THE BOARD OF DIRECTORS, • THE PRESIDENT, • ANY VICE PRESIDENT .. •• • • • . . ••• • .• AND PROVIDED IT IS ALSO SIGNED BY ANY ONE OF THE FOLLOWING ADDITIONAL OFFICERS: • THE SECRETARY, • ANY ASSISTANT SECRETARY, • CHIEF FINANCIAL OFFICER, • ASSISTANT TREASURER. ANY DEVIATION FROM THE ABOVE WILL REQUIRE THE SUBMISSION TO THIS COMPANY OF A RESOLUTION OF THE GOVERNING BODY OF SAID CORPORATION AUTHORIZING THE TRANSACTION FOR WHICH THIS REPORT HAS BEEN REQUESTED, TOGETHER WITH A COPY OF SUCH CORPORATION'S BY-LAWS. THE RESOLUTION TO DESIGNATE AS WELL, THE OFFICERS AUTHORIZED TO EXECUTE ON THE CORPORATION'S BEHALF. AY NOTE NO . 3: WHEN THIS TITLE ORDER CLOSES AND IF CHICAGO TITLE IS HANDLING LOAN PROCEEDS THROUGH SUB-ESCROW, ALL TITLE CHARGES AND EXPENSES NORMALLY BILLED, WILL BE DEDUCTED FROM THOSE LOAN PROCEEDS (TITLE CHARGES AND EXPENSES WOULD INCLUDE TITLE PREMIUMS, ANY TAX OR BOND ADVANCES, DOCUMENTARY TRANSFER TAX AND RECORDING FEES, ETC.). AZ NOTE NO. 4: IF THIS COMPANY IS REQUESTED 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 IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE-OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE-IN). THE FEE FOR EACH WIRE-OUT IS $25.00 . THE COMPANY'S WIRE-IN INSTRUCTIONS ARE: WIRE-IN INSTRUCTIONS FOR BANK OF AMERICA: PRELIMBC-9/23/93bk Page 10 Order No: 21045226 X49 BANK: BANK ABA: BA BB ACCOUNT NAME: ACCOUNT NO.: FOR CREDIT TO: • SCHEDULE B (continued) Your Ref: BANK OF AMERICA 1850 GATEWAY BLVD. CONCORD, CA 94520 121000358 CHICAGO TITLE COMPANY BROADWAY PLAZA OFFICE 12351-50737 CHICAGO TITLE COMPANY 700 SOUTH FLOWER, SUITE 900 LOS ANGELES, CA 90017 FURTHER CREDIT TO: ORDER NO.: 021045226 • • ••• • • • •• • • • • •• • • • • • • • • ••• •• • ••• NOTE NO. 5: THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE SHORT-TERM RATE. NOTE NO. 6: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT. PLATS DB/JH PREUMBC-9/23/93bk