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HomeMy WebLinkAboutSBE Financial Corp - 1985-01-01 v � Q 0 n7 �J- L O 0 - ee,f ee of ll+iG CL G v O J U j kj Q 4 H !!9 i ti + I` '0 I CA ID h t0 r1 0. c� c� t o o c� i °rJ- O ao i pr lip .i •Yp .sap o a LO ,.,. tj p Q o 000 x ® ® (t � . ©Zt 0 34 i RANGE COAST TITLE CO Y September 30, 1985 Gail Hutton, Esq. City Attorney The City of Huntington Beach 2000 Main Street Huntington Beach, California RE: Escrow No. 4180 S B E Financial Corporation Phase I - Mushroom Farm Dear Ms. Hutton , In connection with the above-referenced escrow, I am enclosing ten Quit Claim Deeds prepared by Thomas K. Brown , Esq. , for use in the transaction. Please have said documents properly accepted and approved as to form and return to the undersigned. Should you have any questions, please feel free to call me. Sincerely, i MaryAn,6 Gi g'�re Escro ` Mgr. '. mg 1 enc 640 N. TUSTIN AVENUE, SUITE 106, SANTA ANA, CALIFORNIA 92705 714/558-2836 ADDENDUM NO. 1 TO PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SBE FINANCIAL CORPORATION FOR PURCHASE OF OCEANVIEW MUSHROOM GROWERS PROPERTY - PHASE I Paragraph 8. 01(a) is amended by the addition of the following thereto: "To quit claim to buyer all of its right, title and interest to the real property described in County of Orange Assessors Parcel Numbers: AP 111-101-05; AP 111-101-20; AP 111-101-26; AP 111-101-44; AP 111-101-07; AP 111-101-40; AP 111-102-16; AP 111-101-31 ; AP 111-102-13; AP 111-101-29; AP 111-101-02. In addition, to obtain from SELLER' S predecessor in title and to deliver to buyer in this escrow, quit claims in favor of buyer to the enumerated parcels . All conveyances shall be subject to approval as to form by Gail Hutton, City Attorney. " "SELLER" "BUYER" SBE FINANCIAL CORPORATION, CITY OF HUNTINGTON BEACH a California corporation a municipal corporation utive Vic Ures—ii ayor ATTEST: APPROVED AS TO FORM City Clerk City Attorney RECORDED AND APPROVED: INI ATE AND AP P OVED: City Administra r Chie SL7 ervices 13591 0 PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SBE FINANCIAL CORPORATION FOR PURCHASE OF OCEANVIEW MUSHROOM GROWERS PROPERTY - PHASE I TABLE OF CONTENTS 1 . Purchase and Sale Agreement and Escrow Instructions 2. Exhibit A: Legal Description 3 . Exhibit B: Preliminary Title Report 4. Exhibit C: Escrow Instructions • i PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS BETWEEN THE CITY OF HUNTINGTON BEACH AND SBE FINANCIAL CORPORATION, FOR PURCHASE OF OCEANVIEW MUSHROOM GROWERS PROPERTY - PHASE I 1 . PARTIES The parties to this Purchase and Sale Agreement and Escrow Instructions. ("Agreement") are SBE FINANCIAL CORPORATION, a California corporation ("Seller") , and the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Buyer") . 2 . DEFINITIONS For the purposes of this Agreement, the term: (a) "Close of Escrow" means the date on which all documents delivered to Escrow Holder that should be recorded are recorded in the appropriate county offices; (b) "Escrow" means the escrow established with Escrow Holder as set forth in this Agreement; (c) "Escrow Holder" or "Title Company" means Orange Coast Title Company, Santa Ana, California. (d) "Property" means that certain real property which consists of approximately 5. 27 acres of land located in the City of Huntington Beach, County of Orange, State of California, described in Exhibit "A" attached hereto, and all of Seller' s rights and interests (including mineral, gas and oil rights and interests) appurtenant thereto; (e) "Closing Date" means on or before August 1, 1985 . (f) "Permitted Title Exceptions" means all of those covenants, conditions, restrictions, rights of way, easements, reservations and other matters of record disclosed in that certain preliminary title report (No. 99796-5) dated May 1 , 1985 ("Report") and issued by Title Company other than Exceptions Nos. 16 and 17 which secure the payment of money. A copy of the Report is attached hereto, marked Exhibit "B" and incorporated herein. i �► 3 . RECITALS This Agreement is made with reference to the following facts: (a) Seller owns fee title to the Property. (b) Buyer has informed Seller that it intends to acquire the Property, pursuant to its power of eminent domain, absent satisfactory arrangements between Buyer and Seller for acquisition by Buyer of the Property in lieu of eminent domain proceedings. (c) Buyer and Seller deem it to be in their mutual best interests to enter into this Agreement in connection with Buyer' s acquisition of the Property. 4 . PURCHASE PRICE 4 .01 Total Purchase Price. Subject to and in accordance with the terms and conditions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, fee simple title to the Property for a total consideration of $1 ,500,000. 00 (the "Purchase Price") , which sale shall be consummated through the Escrow, as set forth herein. 4 . 02 Payment of Purchase Price. The Purchase Price shall be payable as follows: a. Initial Deposit. Buyer shall deposit the sum of $25,000. 00, representing the amount of the Deposit (as defined below) , at the time and in the manner specified in Section 4. 03 below. b. Remaining Payment. Buyer shall deposit in Escrow, prior to the Close of Escrow, an amount in cash or cashier' s check equal to $1 , 475,000. 00 which is the Purchase Price less the Deposit ("Remaining Cash Payment") . 4 . 03 Deposit. Within three (3) business days of the execution of this Agreement by both parties, Buyer shall cause the Escrow to be opened with Escrow Holder and, con- currently therewith, shall deposit with Escrow Holder the amount of $25 , 000.00 (the "Deposit") . The Deposit shall be held by Escrow Holder and disbursed to Seller or returned to Buyer pursuant to the terms of this Agreement. 2 5. REPRESENTATIONS AND WARRANTIES OF SELLER Seller represents and warrants to Buyer that the execution of this Agreement by Seller, the delivery hereof by Seller to Buyer, Seller's performance hereof, and the transactions contemplated hereby have each been duly authorized by requisite action on the part of Seller. 6 . REPRESENTATIONS AND WARRANTIES OF BUYER Buyer represents and warrants to Seller that the execution of this Agreement by Buyer, the delivery hereof by Buyer to Seller, Buyer' s performance hereof, and the transactions contemplated hereby have each been duly authorized by requisite action on the part of Buyer. 7 . ESTABLISHMENT OF ESCROW Upon execution of this Agreement by Buyer and Seller, Buyer shall cause an originally executed copy of this Agreement to be deposited with Escrow Holder. The provisions of this Section 7 and Sections 8, 9, and 10 of this Agreement together with the general provisions of the standard form escrow instructions of Escrow Holder which are attached hereto at Exhibit "C" , to the extent not in conflict with the provisions of this Agreement, shall constitute the full and complete form of escrow instructions to Escrow Holder. 8. ESCROW INSTRUCTIONS 8 . 01 Duties of Seller. Seller agrees: (a) To execute, acknowledge, and deliver to Escrow Holder, in recordable form, before the Closing Date, a grant deed (the "Deed") in usual form conveying the Property to Buyer; (b) To obtain, on or before the Closing Date, a commitment by Title Company to issue a CLTA Standard Coverage Policy (the "Title Insurance Policy") in the amount of the Purchase Price showing fee title vested in Buyer subject only to the Permitted Exceptions; (c) To execute or cause to be executed, have acknowledged and delivered, as appropriate, such additional documents and instruments as may be necessary or 3 appropriate to consummate the transactions contemplated by this Agreement; (d) To deliver possession of the Property to Buyer at the Close of Escrow free of the possessary interests of tenants at Property; and (e) To take all such additional steps and actions as may be necessary or appropriate to consummate the transaction contemplated by this Agreement and by each and every other agreement between the parties which is referred to herein. 8 . 02 Duties of Buyer. Buyer agrees: (a) To deposit with Escrow Holder the Deposit within the time provided at Section 4 .03 above; (b) To deposit with Escrow Holder no later than the day before Close of Escrow the Remaining Cash Payment; (c) To execute, have acknowledged and deliver to Escrow Holder as appropriate such additional documents and instruments as may be necessary or appropriate to consummate the transaction contemplated by this Agreement; and (d) To take all such additional steps and actions as may be necessary or appropriate to consummate the transaction contemplated by this Agreement and by each and every other agreement between the parties which is referred to herein. 8 .03 Duties of Escrow Holder. Escrow Holder shall: (a) Hold all documents, instruments and cash delivered to it in accordance with the terms of this Agreement; (b) Have, and be subject to, all of those rights, duties, privileges and immunities set forth in the standard printed escrow instructions used by Escrow Holder, which are attached hereto at Exhibit "C" , except insofar as such instructions are inconsistent with the terms or conditions of this Agreement in which case this Agreement shall take precedence over such inconsistent provisions of the instruc- tions; and, 4 • (c) When each of the conditions of closing set forth in Section 10 below have been satisfied or waived by the parties in writing delivered to Escrow Holder, record in the appropriate offices the Deed and any other instruments or documents that should be recorded, and promptly thereafter deliver all documents, instruments, and cash then held by Escrow Holder to the parties entitled thereto, including, but not limited to, the following: (i) To Seller, the Purchase Price less (1) Seller' s share of Closing Costs (as defined below) and other debits from Seller' s account necessary to effect prorations between Buyer and Seller of certain items, both as set forth in Section 9 below, and (2) such other amounts as are appropriate to accomplish the purposes of this Agreement; (ii) To Buyer, the Deed after it has been recorded; and (iii) To any other person or entity, the money, documents and/or instruments necessary to satisfy the requirements of this Agreement. 9. PRORATIONS AND CLOSING COSTS 9 . 01 Prorated Expenses. Escrow Holder shall prorate, on the basis of a thirty (30) day month, between Seller and Buyer, as of the Close of Escrow, real property general and special taxes, if any, respecting the Property. 9 . 02 Closing Costs. All closing costs (the "Closing Costs") attributable to the sale of the Property, as determined by Escrow Holder, for which the responsibility of payment is not specifically provided for herein shall be apportioned between Buyer and Seller in accordance with the usual practices in Orange County, California in the case of sales of this type. The premium for the Title Insurance Policy shall be paid by Seller. Any recording costs for the Deed and any documentary transfer taxes shall be paid by Seller. Buyer and Seller shall share equally Escrow Holder' s fees. 10. CONDITIONS OF CLOSING The Close of Escrow shall be contingent upon the following conditions: (a) That Title Company is committed to issue or shall issue to Buyer the Title Insurance Policy with a liability limit equal to the Purchase Price and showing fee 5 title to the Property vested in Buyer free of all exceptions to title, excepting only: 1 . The Permitted Title Exceptions; 2. Current and non-delinquent general and special real property taxes. (b) All other documents, instruments and cash required by this Agreement to be delivered to the Escrow Holder have been so delivered. (c) Seller shall have entered into an agreement acceptable to Seller and the Federal Land Bank of Sacramento whereby the Property shall be reconveyed free and clear of the lien of the deed of trust described in the Report as Exception No. 16 . (d) Seller shall have entered into an agreement acceptable to Seller and Victor E. DiStefano and Diana K. DiStefano whereby the Property shall be reconveyed free and clear of the lien of the deed of trust described in the Report as Exception No. 17. (e) Neither Buyer nor Seller shall have delivered to Escrow Holder a written notice of cancellation of the Escrow that has not thereafter been rescinded or cancelled; provided, that nothing in this paragraph gives either party a right to cancel this Escrow. 11 . DELAYED CLOSING If Escrow Holder is unable to comply with the in- structions contained in this Agreement on or prior to the Closing Date (or an extension of such date that is executed by both Buyer and Seller) Escrow Holder shall comply therewith, and the Close of Escrow shall occur as soon thereafter as possible unless a written notice of cancellation and a demand for return of money or documents by Seller or Buyer is received by Escrow Holder prior to the recording of any instrument which is provided to be recorded under this Agreement. Nothing in this paragraph shall be construed as giving either Buyer or Seller a right to cancel the Escrow. 6 12. BROKERAGE COMMISSIONS Buyer and Seller each represent and warrant to the other that it has not dealt with any finders, real estate brokers or salespersons in connection with the transaction contemplated by this Agreement. Each party agrees to indemnify and hold the other party harmless from any and all liability, costs, damages and expenses (including attorneys ' fees) incurred by the other party by reason of the breach of the indemnifying party' s representations and warranties under this Section 12. 13. POST CLOSING MATTERS Subsequent to the Close of Escrow, and prior to September 15, 1985, Seller, at its sole cost, shall raze or cause to be razed, all free standing buildings located at the Property and shall remove from the Property all of Seller 's farm equipment. Buyer may, at its election and at its sole cost, provide to Seller as of the Close of Escrow equipment to demolish all concrete slabs and concrete foundations at the Property. If, as of the Close of Escrow, Buyer provides equipment for the demolishment of concrete slabs and concrete foundations, Seller shall cause, prior to September 15, 1985, at its sole cost, the concrete slabs and concrete foundations to be demolished and to be loaded on vehicles for removal from the Property to a disposal site, both the vehicles and site to be provided, at no cost to Seller, by Buyer. Notwithstanding the foregoing sentence, Seller shall use its best efforts to obtain vehicles from an unrelated third party for removal of concrete slabs and concrete foundations to the disposal site. For purposes of this Section 13, the term "free-standing buildings" does not include oil wells or oil well related equipment. It is acknowledged that Seller owns and shall own all of the oil at the Property which is located in the oil tanks as of the Close of Escrow. During the thirty (30) day period subsequent to the Close of Escrow, Seller shall be entitled to ship and sell such oil for its own account and during such thirty (30) day period Buyer specifically disclaims any ownership interest in such oil and shall provide Seller with access to the oil tanks during such thirty (30) day period for the sole purpose of removing, shipping and selling such oil. Any oil not removed during such thirty (30) day period shall belong to Buyer. 7 14 . TIME IS OF THE ESSENCE Buyer and Seller agree that time is of the essence of this Agreement and each and every provision herein, including but not limited to, the provisions concerning the Close of Escrow and the provisions concerning payments and deposits by Buyer. 15. NOTICES Any notice, demand, approval, consent, or communication required or desired to be given under this Agreement shall be directed as indicated below and shall be personally served or given by mail. Any notice, demand, approval, consent, or other communication given by mail shall be deemed to have been given when delivered personally or when seventy-two (72) hours have elapsed from the date it was deposited in the United States mail, certified mail, postage prepaid, addressed to the party to be provided notice at the last address given by that party under the provisions of this section. At the date of the execution of this Agreement, the address of Seller is: SBE Financial Corporation 2 Corporate Plaza Suite 200 Newport Beach, CA 92660 Attn: Richard Packer Sharon Etchegoyen with a copy to: Kadison, Pfaelzer, Woodard, Quinn & Rossi 1301 Dove Street Suite 500 Newport Beach, CA 92660 Attn: Thomas K. Brown, Esq. and the address of Buyer is: City of Huntington Beach 2000 Main Huntington Beach, CA 92648 Attn: City Manager with a copy to: City of Huntington Beach 2000 Main Huntington Beach, CA 92648 Attn: City Attorney 8 Copies of all notices shall be delivered to Escrow Holder whose address is: Orange Coast Title Company 640 N. Tustin Avenue Suite 106 Santa Ana, CA 92705 Attn: MaryAnn Gigure 16 . GENERAL PROVISIONS 16 . 01 Assignment and Modifications . Buyer may assign all of its duties, rights and obligations hereunder with the prior written approval of Seller, which approval shall not be withheld unreasonably; provided, however, such assignment shall not relieve Buyer of its duties and obligations hereunder. This Agreement may not be modified or amended except by a written agreement signed by Seller and Buyer and only to the extent set forth in such a writing. 16 . 02 Attorneys ' Fees. In the event legal action is commenced to enforce or interpret, or for breach of, any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses incurred (including, without limitation, actual attorneys ' fees incurred) , in addition to all other relief and remedies to which the prevailing party may be entitled. 16. 03 Further Assurances. From time to time each party will execute and deliver such further instruments and take such further actions as any other party may reasonably request in order to discharge and perform the obligations and agreements hereunder and the transactions contemplated hereby. 16. 04 Form of Documents. All instruments and other documents to be executed and delivered under this Agreement by any party to any other party shall be in a form satisfactory to the other party. 16. 05 Successors. This Agreement shall be binding upon, and shall inure to the benefit of, the successors and assigns of the parties. 16 . 06 Executed Counterparts. This Agreement, and each agreement referred to herein, may be executed in two or more counterparts, all of which together shall constitute a single agreement, and each of which shall be deemed an original of this Agreement for all purposes . 16 . 07 Section Headings. The various section headings in this Agreement are inserted for convenience of reference only, and shall not affect the meaning or interpretation of this Agreement or any provision hereof. 9 • 0 16. 08 Calendar Days; Close of Business. Unless the context otherwise requires, all periods terminating on a given day or date or at the expiration of a given period of days, shall terminate at the close of business on that day or date, unless such day or date is Saturday, Sunday or a legal holiday, in which case such day or date shall be the next business day. All references to "days" shall refer to calendar days unless the context otherwise requires. 16. 09 Severability. In the event that any of the provisions, or portions thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby. 16 . 10 Exhibits. Each of the exhibits attached to, or mentioned in, this Agreement is incorporated into, and made a part of, this Agreement by this reference. 16. 11 Entire Agreement. This Agreement and its exhibits contain the entire agreement of the parties with respect to the Property and no other agreement, statement, representation or promise (oral or written) made by any party, or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be effective or binding. 16 . 12 Governing Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. 16. 13 Agreement Independent of Escrow. The rights and obligations of each party herein set forth and agreed to be undertaken have been made in and under this Agreement, independent of Escrow Holder and the Escrow. If any requirements relating to the duties of the Escrow Holder hereunder are not acceptable to the Escrow Holder, or if the Escrow Holder requires additional instructions, the parties agree to make such deletions, substitutions and additions to this Agreement or subsequent amendments to this Agreement as may be reasonably required by Escrow Holder if the same can be done without altering the basic terms and conditions of this Agreement. 10 • 17. EXECUTION This Agreement is executed as of this 5th day of August, 1985, in Orange County, California. "SELLER" SBE FINANCIAL CORPORATION, a California corporation y: its: D %c� "BUYER" CITY OF HUNTINGTON BEACH, a municipal corporation By: Mayor Attest: 4gpr�ved as to Form: r City Clerk City Attorney Recorded and Approved: Initi ed and Approved: d�1,44. 4,169, 20 ��. City Adminis rator V hie o -A i-nistrativi Services \ i TKB145L 11 8/7/85 EXHIBITS A. Legal Description B. Preliminary Title Report C. Escrow Instructions I I� LEGAL DESCRIPTION I All that certain land situated In the State of California, County of Orange, City of Huntington beach, described as follows: i PARCEL I: The North 25 feet of the South 275 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 2: i The North 25 feet of the South 75 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recoroed in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 3: The North 25 feet of the South 100 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range it West, In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 4: The North 25 feet of the South 275 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 5: The North 25 feet of the South 300 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 3 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXHIBIT "A" 0 • Exhibit "A" Continued...page 2 PARCEL 6: The North 25 feet of the South 100 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 7: The North 25 feet of the South 225 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bois", as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL E: The North 25 feet of the South 250 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 9: The North 25 feet of the South 300 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recordea In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING therefrom mineral right to said property 500 feet below the surface but without the right of entry or any right on the surface of said property or within 500 feet of the surface, as reserved in deed recorded in Book 6793, Page 371, of Official Records. PARCEL 10: The North 25 feet of the South 50 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, i Calif ornia. i PARCEL ll: The North 25 feet of the South 275 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued—page 3 PARCEL 12: Ttw East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Base and Meridian. EXCEPTING therefrom the South 300 feet. ALSO EXCEPTING therefrom the North 5 feet. PARCEL 13: The East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Base and Meridian. EXCEPTING therefrom the South 300 feet. ALSO EXCEPTING therefrom the North 5 feet. PARCEL 14: The South 41JI feet of the North 287.77 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of orange County, California. EXCEPTING therefrom the West 600 feet. Also excepting therefrom all oil, gas, hydrocarbon substances and other minerals together with the right to enter and pass through said lands at any time or from time to time at a depth below 500 feet from the surface thereof for the purpose of extracting, producing and marketing such oil, gas, hydrocarbon substances and other minerals, with no right of surface entry expressed or implied, as reserved in the deed from The Roman Catholic Archbishop of Los Angeles, a corporation sole, recorded December 9, 1969 in Book 9809, Page 976, Official Records. PARCEL 15: The South 41.11 feet of the North 92.22 feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. • • Exhibit "A" Continued...page 4 EXCEPTING therefrom the West 600 feet. PARCEL 16: The North 25 feet of the South 125 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 17: 'The North 25 feet of the South 50 feet of the East 100 feet of the Rest 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING therefrom all minerals, oil, gas, petroleum, and other hydrocarbon substances within or underlying said land, or that may be produced and saved therefrom under said lands, at a depth of 500 feet or more below the surface thereof as reserved in the deed from Crocker National Bank, Guardian of the Estate of Frederick L. Candee, recoroed October 9, 1973 in Book 10934, Page 911 of Official Records. PARCEL IS: The North 25 feet of the South 175.00 feet of the East 100 feet of the West 300.00 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 19: The North 25 feet of the South 175 feet of the West 100 feet of the North half of the hw quarter of the Southwest quarter of the Northwest quarter of Section 35, Southwest Township 5 South, Range 11 West, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 20: The North 25 feet of the South 325 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i I Exhibit "A" Continued—page 5 PARCEL 21: The South 25 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 22: The North 25 feet of the South 50 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 23: The North 25 feet of the South 225 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 24: The North 25 feet of the South 250 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 25: The South 25 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 26: I The North 25 feet of the South 50 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 27: The North 25 feet of the South 125 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. 0 i Exhibit "A" Continued...page 6 PARCEL 29: The North 25 feet of the South 175 feet of the East 100 feet of the West 200 feet of the Nth half of the Southwest quarter of the Southwest quarter of thr Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 29: The North 25 feet of the South 225 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 30: The North 25 feet of the South 250 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 31: The North 25 feet of the South 300 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recoraed in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, i California. PARCEL 32: The South 25 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 33: The North 25 feet of the South 50 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i I i Exhibit "A" Continued...page 7 i i i i i PARCEL 34: i The North 25 feet of the South 75 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map j recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 35: The North 25 feet of the South 125 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 36: The North 25 feet of the South 200 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map i recordea in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 37: The North 25 feet of the South 325 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of ' Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map I recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 39: The North 25 feet of the South 50 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 39: The North 25 feet of the South 175 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued...page 8 PARCEL 40: The North 25 feet of the South 200 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 41: The North 25 feet of the South 325 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 42: The South 25 feet of the East 100 feet of the Vest 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recoroed in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 43: The North 25 feet of the South 75 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 44: The North 25 feet of the South 225 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 45: The North 25 feet of the South 275 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. I Exhibit "A" Continued—page 9 PARCEL 46: The North 25 feet of the South 300 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 47: The South 41.1 feet of the North 246.66 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. PARCEL 49: The South 41.11 feet of the North 205.55 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. PARCEL 49: The South 41JI feet of the North 123.33 feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. PARCEL 50: The North 41JI feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 west in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. Exhibit "A" Continued...page 10 PARCEL 51: The West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the South 325 feet thereof. PARCEL 52: The East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the South 300 feet thereof. ALSO excepting the North 5 fect thereof. PARCEL 53: The North 25 feet of the South 150 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recordea in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 54: The North 25 feet of the South 300 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Meridian. PARCEL 55: All of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35 in Township 5 South, Range 1I West, In the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County. EXCEPT therefrom the North 299.75 feet. • • Exhibit "A" Continued...page u ALSO except therefrom the West 600 feet. PARCEL 56: The North 25 feet of the South 150 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records said Orange County, Calif ornia. PARCEL 57: The North 25 feet of the South 175 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, Calif ornia. PARCEL 59: The North 25 feet of the South 250 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 59: The North 25 feet of the South 75 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof i recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved In the deed recorded June 22, 1964 In Book 7098, Page 120, Official Records. PARCEL 60: The North 25 feet of the South 100 feet of the Rest 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. Exl obit "A" Continued...page 12 EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded 3une 22, 1964 in Book 701.E, Page 120, Official Records. PARCEL 6L- The North 25 feet of the South 125 feet of the West 100 feet of the North half of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of saia Orange County; California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7099, Page 120, Official Records. PARCEL 62: The North 25 feet of the South 150 feet of the East 100 feet of the Rest 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 63: The North 25 feet of the South 200 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. I PARCEL 64: The North 25 feet of the South 75 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. • s Exhibit "A" Continued—page 13 PARCEL 65: The North 25 feet of the South 75 feet of the East !00 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 3 South, Range it West, in the Rancho Las Bolsas, as shown on a Map thereof recordea in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. PARCEL 66: The North 25 feet of the South 100 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Boisas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land within 500 feet of the surface of said land, as reserved in the deed recorded June 229 1964 in Book 7099, Page 120, Official Records. PARCEL 67: The North 25 feet of the South 125 f eet of the East 100 f eet of the West 600 f eet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recordea in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7091, Page 120, Official Records. PARCEL 63: The North 25 feet of the South 150 feet of the East 100 feet of the Nest 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, 1n the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, Calif ornia. Exhlbit "A" Continued...page 14 EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within SOU feet of the surface of said land, as reserved In the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. PARCEL 69: The North 25 feet of the South 175 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range ll Vest, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Hook 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7099, Page 120, Official Records. PARCEL 70: The North 25 feet of the South 200 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 In Book 7098, Page 120, Official Records. PARCEL 71: The North 25 feet of the South 225 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range ll West, in the Rancho Las Bolsas, as shown on a map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, Calif ornla. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved In the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. Exhibit "A" Continued—.page 15 PARCEL 72: The North 25 feet of the South 200 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Se:ion 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, Calif ornia. PARCEL i 3: The North 25 feet of the South 100 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 74: The North 165.00 feet of the North half of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, in the office of the County Recorder of said County. Exception any portion thereof which may be included in the South half of said Southeast quarter. Also except 49 percent of all mineral rights 500 feet below the surface of said land but without the right of surface entry as reserved in the deed from Sohn F. Thompson, and others, to the Artesia Growers Association, a corporation, recorded 7anuary 6, 1958 in Book 4155, Page 463, Official Records. PARCEL 75: An easement for Ingress and egress over the West 20.00 feet of the South half of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as per map recorded in Book 51, Page 13 of Miscellaneous Maps, In the office of the County Recorder of said County. ORANGE CoOAST TITLEGCOMPANY �'.G. BOX 11825 ❑939 W. FOOTHILL BLVD. SANTA ANA, CA 92711 UPLAND CA 91786 (714) 558-2836 (714) 981-5708 ❑ORANGE COAST TITLE COMPANY OF RIVERSIDE 3773 UNIVERSITY AVE. • P.O. BOX 1326 RIVERSIDE, CA 92501 • (714) 781-6500 ZENITH 7-6500 PRELIMINARY REPORT KAUISON, PFAELZER, WOODARD, QUINN, AND ROSSI 1301 Dove 0500 Newport Beach, Ca Date May 1, 1985 Attention: Tom Brown Your No. Mushroom Farm-Phase.l Our No. 99796-5 April 24, 85 Dated as of , 19_,at 7:30 A.M. In response to the above referenced application for a policy of title insurance, the insurer hereby reports that it is prepared to issue, or cause to be issued,as 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 refer- red to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Condi- tions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule I (continued) attached. 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 h Y. If it is 74�r' that-tt bility be assumed prior to the issuance of a policy of title insurance,a in er or Coment be requested. Title Officer PAM PARKER The form of policy of title insurance contemplated by this report is: "a California Land Tittle Association Stanaard Coverage Policy - 1973, owners policy." 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: S B E FINANCIAL CORPORATION, a California Corporation, and VICTOR E. DISTEFANO ano DIANA K. DISTEFANO. EXHIBIT "B" T,(Re� 8-e3) ORDER NO. The land referred to in this Reporlis situated in the State of California,County of and is described as follows: _ Orange See Exhibit "A" At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: A. General and Special Taxes for the fiscal year 1985-1986. A lien not yet payable. B. The following parcels have no tax due for the fiscal year 1994-1995: Ill-101-01 - shown herein as Parcel 20. ll1-101-03 - shown herein as Parcel 1. ll1-101-06 - shown herein as Parcel 19. W401-11 - shown herein as Parcel 26. W-101-12 - shown heren► as Parcel 2. 111-101-13 - shown herein as Parcel 3. Ill-101-14 - shown herein as Parcel 27. W401-15 - shown herein as Parcel 62. W-101-16 - shown herein as Parcel 29. lll-10147 -shown herein as Parcel 63. ` W-101-18 - shown herein as Parcel 29. t Ill-101-19 - shown herein as Parcel 30. I i T I Ae. 8-83, Exceptions Continued...page 2 111401-21 - shown herein as Parcel 31. W-101-22 - shown herein as Parcel 52. U1401-24 - shown herein as Parcel 5. I11-101-25 - shown herein as Parcel 4. W401-27 - shown herein as Parcel 27. IL'-101-29 - shown herein as Parcel 18. 111-101-30 - shown herein as Parcel 35. W-101-32 - shown herein as Parcel 34. I11-101-33 - shown herein as Parcel 33. ill-101-34 - shown herein as Parcel 19. W-101-36 - shown herein as Parcel 8. W-101-37 - shown herein as Parcel 7. U1401-39 -shown herein as Parcel 53. ill-101-41 - shown herein as Parcel 6. 111-101-42 - shown herein as Parcel 64. 111-101-43 - shown herein as Parcel 38. W402-02- shown herein as Parcel 46. I11-102-03 - shown herein as Parcel 45. 111402-04 - shown herein as Parcel 59. W-102-05 - shown herein as Parcel 44. W-102-06 - shown herein as Parcel 72. W-102-08 - shown herein as Parcel 16. 111-102-09 - shown herein as Parcel 73. W-102-10 - shown herein as Parcel 43. 111402-11 - shown herein as Parcel 17. 19-102-12 - shown herein as Parcel 42. W-102-14 - shown herein as Parcel 10. Ill-102-17 - shown herein as Parcel ll. W402-19 - shown herein as Parcel 54. W-102-20 - shown herein as Parcel 15. W402-21 - shown herein as Parcel 49. W-102-24 -shown herein as Parcel 14. W402-25- shown herein as Parcel 55. C. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $19.09, First Installment $9.54, Second Installment $19.08. Code Area 04-010, Assessors Parcel No. lit-101-04. Exemption None. Affects Parcels 23 and 24. 0. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $29.14, First Installment $14.07, Second Installment $14.07. Code Area 04-010, Assessors Parcel No. W401-08. Exemption None. Affects Parcels 59, 60 and 61. i i Exceptions Continued...page 3 E. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1994-1985. Total Amount $19.08, First Installment $9.54, Second Installment $9.54. Code Area 04-010, Assessors Parcel No. Ill-101-09. Exemption None. Affects Parcels 21 and 22. F. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1994-1985. Total Amount $24.62, First Installment $12.31, Second Installment $12.31. Code Area 04-010, Assessors Parcel No. 111401-10. Exemption None. Affects Parcels 25 and 32. G. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1995. Total Amount $24.62, First Installment $12.31, Second Installment $12.31. Code Area 04-010, Assessors Parcel No. ill-101-23. Exemption None. Affects Parcels 37 and 41. H. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $24.62, First Installment $12.31, Second Installment $12.31. Code Area 04-010, Assessors Parcel No. 111401-38. Exemption None. Affects Parcels 1#0 and 39. I. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $24.62, First Installment $12.31, Second Installment $12.31. Code Area 04-010, Assessors Parcel No. 111402-01. Exemption None. Affects Parcels 12 and 13. 3. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1995. Total Amount $23.62, First Installment $11.81, Second Installment $11.81. Code Area 04-010, Assessors Parcel No. 111402-07. Exemption None. Affects Parcels 56 and 57. K. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1995. Total Amount $84.50, First Installment $42.25, Second Installment $42.25. Code Area 04-010, Assessors Parcel No. 111-102-15. Exemption None. Affects Parcels 65, 66, 67, 68, 69, 70 and 71. Exceptions Continued...page 4 L. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $26.64, First Installment $13.32, Second Installment $13.32. Code Area 04-010, Assessors Parcel No. 11140249. Exemption None. Affects Parcel 50. M. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1995. Total Amount $24.62, First Installment $12.31, Second Installment $12.31. Code Area 04-010, Assessors Parcel No. I11-102-23. Exemption None. Affects Parcels 47 and 48. N. The following taxes have all been paid and are reported for proration purposes only. General and Special Taxes for the fiscal year 1984-1985. Total Amount $905.20, First Installment $452.60, Second Installment $452.60. Code Area 04-010, Assessors Parcel No. 111-071-28. Exemption None. Af f ects Parcel 74. O. Any additional amounts of general and special taxes which may be assessed by reason of: (a) Reappraisal of the property values as of March 1, 1975; (b) Improvements added subsequent to March 1, 1975; (c) Change of ownership subsequent to March 1, 1975; (d) Any final judgment determining Article 13A as added to the Constitution of the State of California, being Invalid, unconstitutional, or having been improperly applieo. P. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq. of the Revenue and Taxation Code of the State of California. 1. The use and control of cienegas and natural streams of water, if any, naturally upon, flowing across, into or by said Tract, and the rights of way for and to construct irrigation or drainage ditches through said Tract to irrigate or drain the adjacent land, as reserved in deeds of record. I 2. The reservation of the Westerly 30 feet of said land for roads, railroads and ditches and the use ano control of eienegas and natural streams of water, if any, naturally upon, flowing across, Into or by said Tract, and the rights of way for and to construct irrigation or drainage ditches through said Tract to irrigate or drain the adjacent land, as contained in deeds of record. 3. The rights of the owners of the other lands described in the community oil lease dated August 10, 1920, recorded October 6, 1920, in Book 16, Page 303 of Leases, to share in the benefits from production of oil, gas and other hydrocarbon substances from the land herein described, the rights of the lessee therein having been terminated by an Instrument recorded July 29, 1926 In Book 59, Page 290, Leases. Exceptions Continued.»page 5 NOTE: The present ownership of said leasehold and other matters affecting Interest of lessee are not shown by this report. 4. An easement for road and Incidental purposes, as granted to the County of Orange in the deed recorded in Book 237, Page 344, of Deeds. Affects the West 30 feet of Parcels 1, 19 through 24, 59 through 61. 5. An easement for pipe lines and Incidental purposes, as granted to Standard Oil Company in the deed recorded in Book 390, Page 229, Deeds. Affects Parcels 1, 19 through 24, 59 through 61. 6. An easement for pipe lines and pole lines and incidental purposes as provided in an instrument recorded in Book 391, Page 88 of Deeds. 7. An easement for pole line, conduit purposes and rights Incidental, as granted to Union Oil Company of California In the deed recorded in Book 472, Page 59, Deeds. Af f ects Parcel 75. S. An easement for road and incidental purposes, as granted to the County of Orange, in the need recorded in Book 2149, Page 592, Official Records. Affects the Southerly 30 feet of Parcel 75. 9. Any easements and rights of way remaining a charge on said land according to the provisions of the Oil and Gas Lease recorded July 3, 1953 in Book 2534, Page 562 of Official Records, the herein described land having been released from said Lease by deed recorded May 12, 1954 in Book 2727, Page 13 of Official Records. 10. An easement f or pipe lines and Incidental purposes, as granted to Palm Oil Company, a California corporation In the deed recorded In Book 3034, Page 148, Official Records, along the Westerly 5 feet of Parcels 74 and 75. 11. An easement for public utilities and incidental purposes, as granted to Southern California Edison Company, a corporation, in deed recorded in Book 4312, Page 230, of Official Records, along the Northerly 10 feet of the Southerly 93 feet of the Westerly 190 feet of Parcel 74. 12. An oil and gas lease dated February 9, 1963, executed by and between Ocean View Mushroom Growers, Inc., as Lessor, and Victor Disterano, as Lessee, recorded April 23, 1968 in Book 8581, Page 67 of Official Records, record reference being made for f ull particulars. Exceptions Continued...page 6 Said lease covers Parcels 21, 22, 25, 32, 33 and 38. The present ownership of said leasehold is not shown herein. 13. An unrecorded contract dated February 7, 1969 executed by and between Victor Distefano, and Standard Oil Company of California, relating to the We of oil from said Parcels 1, 2, 5, 12, 13 and 18, a notice of which was recorded April 14, 1969 in Book 9926, Page 770, of Official Records. The present ownership of said leasehold is not shown herein. The interest of Standard Oil Company of California has passed to Chevron U.S.A. Inc., a California corporation. 14. An easement for public utilities and incidental purposes, as granted to Southern California Edison Company, a corporation, in deed recorded in Book 9633, Page 155, of Official Records, along said land. 15. The effect of an instrument entitled "Agreement to Purchase Oil Well" executed by Victor Distefano and Ocean View Mushroom Growers, Inc., subject to the terms and provisions contained therein and which sets out in part "In further consideration of this Purchase Agreement, Vendee agrees to Immediately transfer to Vendor, Victor j Distefano, an overriding 1/6 net royalty interest in all oil and gas revenue received i from any ano all real property now owned or owned in the future by Vendee. Said royalty interest to be held In perpetuity by Victor Distefano, recorded August 16, 1979 in Book 13272, Page 1412 of Official Records. Reference being made to the document thereof for further partculars. Affects Parcels 21, 22, 25, 32 and 39. 16. A Deed of Trust to secure an indebtedness of $1,360,000.00, and any other amounts ipayable under the terms thereof, recorded July 21, 1993, as Instrument No. 83- 312993, Official Records. Dated: June 21, 1993. Trustor: Victor E. Di Stefano and Diana K. Di Stefano, husband and wife, as community property (Victor E. Di Stefano, also known as Victor Di Stefano and Diana K. Di Stefano, also known as Diana Di Stefano). Trustee: Federal Land Bank of Sacramento, a corporation. Beneficiary: Federal Land Bank of Sacramento, a corporation. • • Exceptions Continued.«page 7 Affects this and other property. 17. A Deed of Trust to secure an indebtedness of $3,433,010.00, and any other amounts payable under the terms thereof, recorded February 6, 1995, as Instrument No. 85- 043737, Official Records. Dated: February 5, 1985. Trustor. SBE Financial Corporation, a California corporation. Trustee: First American Title Insurance Company, a California corporation. Beneficiary:, Victor E. DiStefano and Diana K. SiStefano, husband and wife. Affects this and other property. PP:dp (44) Policy Rate: 80% Enclosures: Plats i I Exhibit 'Au All that certain land situated in the State of California, County of Orange, City of Huntington beach, described as follows: PARCELI: The North 25 feet of the South 275 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West in the Ranclio Las Bolsas, as shown on a Map recordea in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 2: The North 25 feet of the South 75 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 3: The North 25 feet of the South 100 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i PARCEL 4: The North 25 feet of the South 275 feet of the East 100 feet of the West 300 feet of the j North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 5: The North 25 feet of the South 300 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i • s Exhibit "A" Continued...page 2 i I PARCEL 6: The North 25 feet of the South 100 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Flange 11 West, In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 7: The North 25 feet of the South 225 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Random Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCELS: The North 25 feet of the South 250 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 9: The North 25 feet of the South 300 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING therefrom mineral right to said property 500 feet below the surface but without the right of entry or any right on the surface of said property or within 500 feet of the surface, as reserved in deed recorded in Book 6783, Page 371, of Official Records. i PARCEL 10: i The North 25 feet of the South 50 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, Calif ornia. PARCEL 11: The North 25 feet of the South 275 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued...page 3 PARCEL 12: of the Southwest The East 100 feet quarter of the tt the est 500 Northwestet of quartereof North Section quarter Southwest q 35, Township S South, Range 11 west, San Bernardino Base and Meridian. EXCEPTING therefrom the South 300 feet. ALSO EXCEPTING therefrom the North S feet. PARCEL 13: The East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range ll West, San Bernardino Base and Meridian. EXCEPTING therefrom the South 300 feet. ALSO EXCEPTING therefrom the North S feet. PARCEL 14: The South 41.11 feet of the North 29 7.7 7 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book Sl, Page 13 of Miscellaneous Maps, records of orange County, California. EXCEPTING therefrom the West 600 feet. Also excepting therefrom all oil, gas, hydrocarbon substances and other minerals together with the right to enter and pass through said lands at any time or from time to time at a depth below 500 feet from the surface thereof for the purpose of extracting, producing and marketing such oil, gas, hydrocarbon substances and other minerals, with no right of surface entry expressed or implied, as reserved in the deed from The Roman Catholic Archbishop of Los Angeles, a corporation sole, recorded December 9, 1969 in Book 9909, Page 976, Official Records. I i PARCEL 1S: The South 41.11 feet of the North 82.22 feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued—page 4 EXCEPTING therefrom the West 600 feet. PARCEL 16: The North 25 feet of the South 125 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 west, In the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 17: The North 25 feet of the South 50 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING therefrom all minerals, oil, gas, petroleum, and other hydrocarbon substances within or underlying said land, or that may be produced and saved therefrom under said lands, at a depth of 500 feet or more below the surface thereof as reserved in the deed from Crocker National Bank, Guardian of the Estate of Frederick L. Candee, recorded October 8, 19 73 in Book 10934, Page 911 of Official Records. PARCEL 19: The North 25 feet of the South 175.00 feet of the East 100 feet of the West 300.00 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 19: The North 25 feet of the South 175 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 20: The North 25 feet of the South 325 feet of the Nest 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, as shown on a Map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued—page 5 PARCEL 21: The South 25 feet of the West 100 feet of the North half of the Southwest quarter of the 5 uthwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 22: The North 25 feet of the South 50 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 23: The North 25 feet of the South 225 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 west, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i PARCEL 24: The North 25 feet of the South 250 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. 1 PARCEL 25: i The South 25 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 26: The North 25 feet of the South 50 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 27: The North 25 feet of the South 125 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued.--page 6 PARCEL 28: The North 25 feet of the South 175 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of thr Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 29: The North 25 feet of the South 225 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 30: The North 25 feet of the South 250 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 31: The North 25 feet of the South 300 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, Calif ornia. PARCEL 32: The South 25 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 31 The North 25 feet of the South 50 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange Canty, California. i i Exhibit "A" Continued—.page 7 I I PARCEL 34: The North 25 feet of the South 75 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 35: The North 25 feet of the South 125 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i PARCEL 36: The North 25 feet of the South 200 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. i PARCEL 37: I The North 25 feet of the South 325 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of ' Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recordea in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 39: I i The North 25 feet of the South 50 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 39: The North 25 feet of the South 175 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. Exhibit "A" Continued...page 8 PARCEL 40: The North 25 feet of the South 200 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 41: The North 25 feet of the South 325 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 42: The South 25 feet of the East 100 feet of the Rest 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 43: The North 25 feet of the South 75 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 44: The North 25 feet of the South 225 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 45: The North 25 feet of the South 275 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map recorded In Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. I Exhibit "A" Continued...page 9 PARCEL 46: The North 25 feet of the South 300 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 47: The South 41.11 feet of the North 246.66 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, recoras of Orange County, California. EXCEPTING the West 600 feet. PARCEL 49: The South 4U feet of the North 205.55 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. PARCEL 49: The South 41.11 feet of the North 123.33 feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. PARCEL 50: The North 41JI feet of the North half of the Southwest quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll Vest in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the West 600 feet. Exhibit "A" Continued...page 10 PARCEL 51: The West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West in the Rancho Las Bolsas, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps, records of orange County, California. EXCEPTING the South 325 feet thereof. PARCEL 52: The East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. EXCEPTING the South 300 feet thereof. ALSO excepting the North 5 feet thereof. PARCEL 53: The North 25 feet of the South 150 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map recordea in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 54: The North 25 feet of the South 300 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, San Bernardino Meridian. �I PARCEL 55: All of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35 in Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County. EXCEPT therefrom the North 298.75 feet. Exhibit "A" Continued...page LI ALSO except therefrom the West 600 feet. PARCEL 56: The North 25 feet of the South 150 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records said Orange County, Calif ornia. PARCEL 57: The North 25 feet of the South 175 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of Orange County, California. PARCEL 59: The North 25 feet of the South 250 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 59: The North 25 feet of the South 75 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, Calif ornia. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of sald land, as reserved in the deed recorded June 22, 1964 In Book 7099, Page 120, Official Records. PARCEL 60: The North 25 feet of the South 100 feet of the West 100 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. Exhibit "A" Continued...page 12 EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserves in the deed recorded June 22, 1964 in Book 7099, Page 120, Official Records. PARCEL 61: The North 25 feet of the South 125 feet of the West 100 feet of the North half of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or wittun 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. PARCEL 62: The North 25 feet of the South 150 feet of the East 100 feet of the West 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 63: The North 25 feet of the South 200 feet of the East 100 feet of the Rest 200 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 64: The North 25 feet of the South 75 feet of the East 100 feet of the West 400 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. Exhibit "A" Continued—page 13 i i i i PARCEL 65: The North 25 feet of the South 75 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map i thereof recordea in Book 51, Page 13 of Miscellaneous Maps, records of said orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface but without right of entry or any right on-the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, official Records. PARCEL 66: The North 25 f eet of the South 100 f eet of the East 100 f eet of the West 600 f eet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, official Records. PARCEL 67: i The North 25 feet of the South 125 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserves In the deed recorded June 22, 1964 in Book 7098, Page 120, official Records. PARCEL 68: The North 25 f eet of the South 150 f eet of the East 100 f eet of the West 600 f eet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, Calif ornia. Exhibit "A" Continued...page 14 EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the su rfacc, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved In the deed recorded June 22, 1964 In Book 7098, Page 120, Official Records. PARCEL 69: The North 25 feet of the South 175 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township S South, Range 11 Vest, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. PARCEL 70: The North 25 feet of the South 200 feet of the East 100 feet of the West 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 In Book 7098, Page 120, Official Records. PARCEL 71: The North 25 feet of the South 223-feet of the East 100 feet of the Nest 600 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, In the Rancho Las Bolsas, as shown on a map thereof recorded in Book Si, Page 13 of Miscellaneous Maps, records of said Orange County, California. I ' EXCEPTING therefrom one-half of the mineral rights to said land 500 feet below the surface, but without right of entry or any right on the surface of said land or within 500 feet of the surface of said land, as reserved in the deed recorded June 22, 1964 in Book 7098, Page 120, Official Records. I Exhibit "A" Continued—.page 15 PARCEL 72: The North 25 feet of the South 200 feet of the East 100 feet of the West 300 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 73: The North 25 feet of the South 100 feet of the East 100 feet of the West 500 feet of the North half of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded in Book 51, Page 13 of Miscellaneous Maps, records of said Orange County, California. PARCEL 74: The North 165.00 feet of the North half of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rancho Las Bolsas, as shown on a Map thereof recorded In Book 51, Page 13 of Miscellaneous Maps, in the office of the County Recorder of said County. Exception any portion thereof which may be included in the South half of said Southeast quarter. Also except 49 percent of all mineral rights 500 feet below the surface of said land but without the right of surface entry as reserved in the deed from John F. Thompson, and others, to the Artesia Growers Association, a corporation, recorded January 6, 1958 in Book 4155, Page 463, Official Records. I PARCEL 75: An easement for ingress and egress over the West 20.00 feet of the South half of the Southeast quarter of the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 35, Township 5 South, Range ll West, In the Rancho Las Bolsas, as per map recorded in Book 51, Page 13 of Miscellaneous Maps, In the office of the County Recorder of said County. SCHEDULE I CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs,attorneys' fees or expenses,any or all of which arise by reason of the following: Part I 1. Taxes or assessments which are not shown as existing 7. Any law,ordinance or governmental regulation (includ- liens by the records of any taxing authority that levies ing but not limited to building and zoning ordinances) taxes or assessments on real property or by the public restricting or regulating or prohibiting the occupancy, use records. or enjoyment of the land. or regulating the character, Proceedings by a public agency which may result in dimensions or location of any improvement now or here- taxes or assessments, or notices of such proceedings, after erected on the land. or prohibiting a separa' cr in whether or not shown by the records of such agency or by ownership or a reduction in the dimensions or area c f the the public records land. or the effect of any violation of any such la:,. ordi. 2. Any facts. rights. interests or claims which are not nance or governmental regulation. shown by the public records but which could be aster- 8. Rights of eminent domain or governmentaf ng`,ts of tained by an inspection of the land or by making inquiry of police power unless notice of the exercise of such rights persons in possession thereof. appears in the public records. 3. Easements. liens or encumbrances, or claims thereof, 9. Defects. liens.encumbrances.adverse claims.or other which are not shown by the public records. matters (a) created, suffered. assumed or agreed to by the 4. Discrepancies.conflicts in boundary lines. shortage in insured claimant: (b) not shown by the public records and area, encroachments. or any other facts which a correct not otherwise excluded from coverage but known to the survey would disclose. and which are not shown by the insured claimant either at Date of Policy or at the date such public records. claimant acquired an estate or interest insured by this 5. (a) Unpatented mining claims: (b) reservations or policy or acquired the insured mortgage and not disclosed exceptions in patents or in Acts authorizing the issuance in writing by the insured claimant to the Company prior to thereof: (c) water rights. claims or title to water. the date such insured claimant became an insured here- 6. Any right, title. interest. estate or easement in land under: (c) resulting in no loss or damage to the insured beyond the lines of the area specifically described or claimant. (d) attaching or created subsequent to Date of referred to in Schedule A. or in abutting streets. roads. Policy: or (e) resulting in loss or damage which would not avenues, alleys, lanes, ways or waterways, but nothing in have been sustained if the insured claimant had been a pur- this paragraph shall modify or limit the extent to which the chaser or encumbrancer for value without knowledge. ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 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 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 taking appears in the public records on the Policy Date. 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. SCHEDULE I (Continued) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10.17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibit- ing a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any viola- tion of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claim- ant to the Company prior to the date such insured claimant became an insured hereunder: (c) resulting in no loss or damage to the insured claimant:(d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business"laws of the state in which the land is situated. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governments; regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,dimensions or location of any improvement now or hereafter erected on the land.or prohibit- ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appear in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder: (c)resulting in no loss or damage to the insured claimant: (d)attaching or created subsequent to Date of Policy;(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. '^ • mlI' - . -.J L� A l.. ► v�r , t11Ii9.L s ---- , �V P. 4 � N � � I � • `' flu c � � O Q V o' V+ J N41 Q ! r , A • • ZI � CJ y�` —'• dp. - - — 7♦ Q � Ap • • y I ~— -' — 1 j ✓ N .o.wuw. w in * r j •C) "- •r Amerit J ` ` lam, nr y��•y ---- - .. ._�.#----_ - _ a 10 tr � r r - I ` O � - _ i LO 101, 1 GD It = M � � V 0 � a n � h „ 3 1 r � N C - O \ •! I c � f e� i 4 � I TT _ w �• G� i :9 IG e e C� u C� C`� �.� (�► 73 `; a e u S _ -- of L @a L77N1� LSim migv> Bi•Otl INKI .. GENERAL PROVISIONS 1. Make all adjustments and proration$ on the basis of a 3o-day month.`Close of Escrow"is the day instruments are recorded. Ail documents and funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures, unless otherwise instructed. our signatures on any documents and Instructions pertaining to this escrow indicate our unCOndi- Banat approval of same. E No examination or insurance as to the amount or payment of real or personal property taxes Is Quired unless tlhe real property tax is payable on or before the date of the policy of title Insurance. 3. Seller guarantees and You shall be fully protected In assuming that, as to any insurance policies handed you, each policy Is in force. has not been hypothecated and that all necessary premiums therefor have been paid.You will,as my agent,assign any fire insurance handed you for usatin this escrow. d. If conflicting demands are made or notice served upon you or legal action taken in connection with this escrow you shall not be required to determine the same or take any action in the premises,but may withhold and stop all further proceedings without liability therefor,or you may file suit in interpleader or for declaratory relief. K you are required to respond to any legal summons or proceedings or K any action of interpteader or declaratory relief is brought by you, we jointly and severally agree to pay all costs,expenses and reasonable attomey's fees expended or incurred by you,and a lien is hereby created in your company's favor to cover said items.We agree to save you harmless as escrow holder hereunder from all loss and expense, including reasonable attorneys tees and court costs sustained by reason of any action, legal or otherwise, which may In any way arise out of this escrow, before and after dosing, notwithstanding anything In these instructions to the contrary. b. These instructions may be executed In counterparts, each of which shall be deemed an original regardless of the date of Ks execution and delivery. NI such counterparts together shall ..constitute one and the same document. You are hereby given a lien upon all the rights, We and interest of each of the parties hereto in all escrowed documents, funds and other property, and all monies or property for any and all expenses,attorney's fees,losses and other liabilities caused you in this escrow. 6. The parties to these escrow Instructions authorize you to destroy these instructions and all other instructions and records in this escrow at any time after five (5) years from date of these escrow instructions. 7. Time is of the essenoe of these instructions. If you are unable to comply with these instructions on or prior to the date-shown on reverse,you will comply as soon thereafter as possible unless a written demand for return of money or instruments by a party to this escrow Is received by you subsequent to such date and prior to the recording of any instrument provided for herein. 6. If for any reason this escrow should be cancelled you are hereby authorized and directed to use funds on deposit herein for payment of any charges herein including but not limited to your Cancellation fee. EXHIBIT "C"