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Title Report, CCRs, Misc Fees f _ Escrow Branch: Title.Branch: 901 Campisi Way,Suite 100 901 Campisi Way,#100 AJIianc` eTitle Campbell,CA 95008 Campbell,CA 95008 (408)559 3424 (408)559-3424 Fax: (408)377-0284 Fax: (408)559-7408 PRELIMINARY REPORT Escrow Officer: Kristina Rose/myl s ORDER NO. 11205523-001-A KR Ref. No: Remax Property Address: 3395 S. Bascom ave#100 213 W. Rincon Avenue Campbell, Ca 95008 Campbell, CA 95008 Attn.: Mike Mosumi APN: 305-31-003 ARB: 405-39-90 In response to the above referenced application for a policy of title insurance,this Company reports that it is prepared to issue,or cause to be issued, as of the date hereof.a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect. lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Please read the exceptions shown or referred to below and the Exceptions and Exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. This report(and any supplements hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance acid no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Standard Policy issued by First American Title Insurance Company Dated as of Mat vlx 3 ,20a4 ati_7 30 a 1. 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: Masud Maesumi, a married man as his sole and separate property The land referred to in this Report is situated in the State of California,County of Santa Clara and is described as follows: (See"Legal Description" Schedule C attached) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy would be those as shown on the following pages. Page No.2 File No. 11205523-001-A KR V 1. PROPERTY TAXES; 'ncluding any assessments collected with taxes, for the fiscal year 2004- 2005, a lien not yet ue or payable. 2. PROPERTY TAXES, including any assessments collected with taxes, for the fiscal year 2003- 2004, a lien, shown as follows: 1st Installment $576.72 Paid 2nd Installment $576.72 Open Assessor's Parcel No. 305-31-003 Code Area 10-005 Land $28,221.00 IMP�23�,752.00 PP NONE Exempt NONE 3. The lien of supplemental taxless,, if any, assessed pursuant to the provisions of Chapter 3.5, . (commencing with Section 75)to the Revenue and Taxation Code of the State of California. FT4. deed of trust to secure an indebtedness in the original amount shown below, ated : July 16, 2003 mount : $380,000.00 rustor : Masud Maesumi, a married man as his sole and separate property rustee : c�AFliance T`rtl' e Cod Beneficiary : Trarisnational Financial Network, Inc., a California corporation Recorded: July,,23, 2003 under Recorder's Series No. 17213031 Official Records Loan No. : 0010301748 5. Rights of parties in possession of said land by reason of unrecorded leases, or rental agreements, if any. NOTES: a. Date last insured: 7 23-03 VThis report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. U". If/-is company is requested to disburse funds in connection with this transaction, Chapter 598 of 989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts_ Such periods vary depending upon the type of check and / anticipated methods of deposit should be discussed with the escrow officer. '< d. No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for enviroiunental protection. Page No. 3 File No. 1 1 205523-001-A KR According to the public records, no Deeds conveying the property described iu this report have been recorded within a period of two (2) years prior to the date of this report, except .s shown herein-- Grantor: M_o_.1gan Maesumi, wife of grantee herein Grantee: C—Masud Maesu�. married man as his sole and separate property Recorded: July 23;2003 under Recorders Series No. 17213029, Official Records. Grantor: Betty Jean Borden Trustee, of the Survivor's Trust, Borden Trust Agreement dated September 24, 1990, and Betty Jean Borden Trustee, of the Decedent's Trust, Borden Trust Agreement dated September 24, 1990 Grantee: 1Vla�s- Maesul�a married man as his sole and separate property Recorded: 23, 20003 u der Recorders Series No. 17213030, Official Records. i 3liis company is not aware of any matters which would cause it to decline to attach CLTA endorsements 100 and 116 to an extended coverage lender's policy of title insurance issued in connection with this escrow. CLTA endorsement 116 will indicate that a single family residence known as 213 W. Rincon Avenue, Campbell, CA 95008 is located thereon. g. There is an additional $10.00 fee for recording a deed with a Legal Description other than an entire lot on a recorded final map. Page No.4 File No. 11205523-001-A KR SCHEDULE C LEGAL DESCRIPTION All that certain real property situate in the City of Campbell, County of Santa Clara, State of California, described as follows: BEGINNING at the Southeasterly comer of that certain parcel of land described in Deed dated April 4, 1963,recorded April 5, 1963 in Book 5971 of Official Records,at page 183 from Clinton Cailey Gilliam and Hazel E. Gilliam,his wife,to Aniela Niedziela, such point also being at a found 3/4" iron pipe,as shown on the Record of Survey filed of record on March 6, 1963, in Book 157,of Maps at page 44; thence from said point of beginning, South 0° 15'East 223.49 feet to a point on the North line of Rincon Avenue, such point also being at a found 1/2" iron pipe as shown on That Record of Survey above referred to;thence North 89' 53' West 75.0 feet along the Northerly lime of Rincon Avenue to a found 1'/2." iron pipe as shown on that Record of Survey above referred to; thence North 0° 15' West 223.49 feet to the Southwest comer of the land conveyed to Aniela Niedziela by the Deed above referred to, such point also being at a found 3/4" iron pipe as shown on that Record of Survey above referred to; thence South 89'53'East along the Southerly line of the land conveyed to Niedziela 75 feet more or less,to the point of beginning. Excepting therefrom all that portion of land granted to the City of Campbell,a municipal corporation,by deed filed for record in the office of the Recorder of the County of Santa Clara on July 30, 1974 in Book B 17 at page 63,Official Records and being more particularly described as follows: Beginning at the point of intersection of the center line of Rincon Avenue, with the Southerly prolongation of the Westerly line of that certain tract of land described in the Deed to Lynn D. Borden, et ux,recorded May 10, 1972 in Book 9825 Official Records,page 660, Santa Clara County Records; thence from said point of beginning North 0° 15' West along the Southerly prolongation and Westerly line, 30 feet to a point in a line which is parallel with and distant 30.00 feet Northerly measured at right angles to the center line of said Rincon Avenue; thence South 89' 53' East along said parallel line 75.00 feet to the point of intersection thereof with the Easterly line of said land described in the Deed to Borden above referred to; thence South 0° 15' East along said Easterly line and its Southerly prolongation 30 feet to the point of intersection thereof with the center line of Rincon Avenue; thence North 89' 53' West along said center line of Rincon Avenue 75.00 feet to the point of beginning. ARB No: 405-39-90 APN No: 305-31-003 Alliance Title Notice In accordance with Section 1805 &26131 of the Revenue,&Taxation Code, a buyer may be required to withhold an amount equal to three&one- third percent of the sales price in the case of the disposition of California real property interest by either: 1) A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller. Or 2) A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of 10 percent of the amount required to be withheld or five hundred dollars($500.00). However,notwithstanding any other provision included in the California statutes referenced above,no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1) The sales price of the California real property conveyed does not exceed one hundred thousand dollars($100,000.00). Or 2) The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation has a permanent place of business in California. Or 3) The seller,who is an individual, executes a written certificate, under the penalty of perjury,that the California real property being conveyed is the seller's principal residence(as defined in section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement- The California statutes referenced above include provisions which authorize the Franchise Tax Board to rant reduced withholding&waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction&should not act on any statements made or omitted by the escrow or closing officer. Please call your Escrow Officer if your answer is "Yes" to any of the following questions ♦ At any time during the preceding 6 months, has there been, or is there currently, any work or construction of improvements on the property? ♦ Are any of the parties currently vested in title,on the property herein currently Incapacitated or Deceased? ♦ Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? ♦ Has there been a recent change of marital status of any of the principals involved in this transaction? ♦ Is the property herein intended to be transferred into a Trust,Partnership,Corporation,or Limited Liability Company? ♦ Do the sellers of the property reside outside the state of California? ♦ Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: ♦ All parties signing documents must have a valid Photo Identification Card,Drivers License,or Passport for notarial acknowledgment. ♦ Please call your Escrow Officer with any Loan or Lien payoff information, if required,so we may order payoff demands in a timely manner,& advise your Escrow Officer of any loan(s)that are to be assumed by the buyer. ♦ If parties are obtaining a loan,your Escrow Officer will need to have the Fire/Hazard Insurance, agent name&phone number to add the new lender on the policy as a loss payee. ♦ If there is to be a change of ownership,it will be necessary for the parties acquiring-title to indicate how they would like to be vested.Alliancc Title has a work-sheet available that will briefly explain each of the various methods of holding title(please feel free to request a copy from your Escrow Officer).Note:Each method by which you can hold title has dilTerent legal&/or lax considerations&parties are encouraged to obtain advise from an Attorney,CPA,or other professional knowledgeable in this am-I. Privacy Policy for Customers We will not reveal nonpublic personal customer information to any external non-affiliated organization ut less we have been authorized by the customer,or are required by law. EXHIBIT "A" LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS Note: This Exhibit reflects the matters which are excluded and excepted from-coverage in the 1990 CLTA Standard Coverage Policy and the 1992 ALTA Extended Coverage Loan Policy with ALTA endorsement- Form I Coverage. If the issuance of any other type ol'policy is anticipated,the escrow officer should be contacted to determine the applicable exclusions and exceptions. 1992 AMERICAN LAND TITLE ASSOCIATION EXTENDED COVERAGE LOAN POLICY WITH ALTA ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE I.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except' to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at Date of policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage any taking which has occurred prior to Date of policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records al date of policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory liens for services, labor or materials,or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at date of policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage)arising from the improvement or work related to the land which is contracted for and commenced subsequent to date of policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at date of policy the insured has advanced or is obligated to advance. 7. Any clam],which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (i i) subordination of the interest of the insured mortgagee as the result of the application of the doctrine of equitable subordination;or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer accept where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. 4 EXHIBIT "A" - continued CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1990 EXCLUSIONS FROM COVERAGE 1.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. oI' regn lilt ions) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or locations of any improvement now or hereafter erected on the land;(d)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or(iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof o' a notice of a defect, lien of- encumbrance resulting from a violation or alleged violation affecting the land had been recorded in the public records at date of policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at date of policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at date of policy,but not excluding from coverage any taking which has occurred prior to date of policy which would be binding on the rights of a purchaser fin-value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at date of policy,but created,suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at date of policy, but known to the insured claimant and,not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy.; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to date of policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate of interest insured by this policy. 4. Unenforceability of the lien of the mortgage because of the inability or failure of the insured at date of policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. invalidity or unenforeeability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. . EXCEPTIONS FROM COVERAGE I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof: 3. Easements,liens o'encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,o'any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. O F F I C E O F C O U N T Y A S 5 E S S 0 R S A N T A C L A R A C 0 U N T Y, C A L I F 0 R N I A rival PACE cpnerAral of a gw,to*a be ge 600K 1u -I0Q'' pow 305 31 1c1f Pv r rvi •he Inlol" ilv,Tro Ilflfd IW 2 2 WA60 of M.1e i-d 9Iien—.-eo1 tt PW m/pvil NIIeWIod "p11r TRACT Na 112 tat ' xfa[ BM. 608• M-13 q>µ•., , HEDEGAFm SUBO, f,44 xGMti t5--- -- W.---_ _CAMPBELL--'—•— r- AVE.—. - —.'a.oi 8 -sil„1d •g y -._•• iu.o4 P..M,3 ,M•p0 lfeaa. P.M.272-M:4 +- i 711t, arr /u t ue er r5C d0 = i41 GfrA 93 Ian,►0 97Jr 1 791f1 GL09 ,00 fJ 0.7 i0 C? 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L '17:f1 H T J p e V 5,12 Gn vi ale 5 N= Q t7 _ C# g $7 lat. t52.dL w '-- + 7!•f 0 7o Y Ac 1f 1 1—.. a rl•�! 1..5 II •� tR In W.-- RINCON_-_-- — TRACT N2 7352 _ ,�____�. -..-• TR.Nf 6640 R.O.S.d70/8 86 III 1I I I I I 1 I I I I I!I I III I(I I I I1 1111 I I I 1 1111 1111 1111 I I II 33 r ee1 R f L N M ten!oromq MN lee Ai IM 1 2 3 INCHES - Ids Fit a mei Fit Pepaa mil Cnmm rer w Year 1998-99