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Title Report, CCRs, Insr, Misc PLEASE DEEP THIS SHEET ON TOP Proi ect Fact Sheet 1. Project Address: ENC t S-O o O 2. APN: 5-1<.c. ' C. 3. Owner Name(s): �� "�`� - ���c�e e� %\JA. �L 4. Owner Address: J 3 Ct yoZ2Z �l �;fSt 5�- �S i�l�a5, C-�` 5. Owner Phone:, Lkzo - &ac� 6. File No. (Planning) ��-� 0\�-\ -\kO- VA- 7. Project Planner: 8. Cross Reference File(s) 9. Condition of Approval: Circle one: City Council Planning Commission Comm Dev. Director Resolution No. 10. Architect: 11. Architect Address: 12. Architect Phone: 13. Engineer Name: V�'CZ W �' 14. Engineer Address: 3 3 S b <SCo 15. Engineer Phone: 16. Surveyor Name: 17. Surveyor Address: 18. Surveyor Phone: 19. Monumentation Security Amount: CADocuments and Settings\joannat\Desktop\My FormsUemplatesTroject fact sheet.doc NU r, SNORTH 4255 Hopyard Road, Suite 1 AMERICAN Pleasanton, California 94588 TITLE Office Phone: (925)847-9570 ®COMPANY Office Fax: (925)847-0663 Like Clockwork Second Amendment �� JZ1 4 ®3 $� North American Title Company b//cr��t 4255 Hopyard Road, Suite 1 "bas4olkilis Pleasanton, CA 94588 Our Order No.: 1273439 Property Address: 22:95_and'-2305 S'-WUinchester B7vd��-:) Campbell, CA 95008 Attention: Kim Garner Preliminary Report Dated as of May 12, 2014 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance company Hereby 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 below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and limitations on covered risks of said Policy or Policies are set forth in Exhibit A attached.The Policy to be issued may contain an Arbitration Clause. When the amount of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in Exhibit A. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 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 or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Commitment should be requested. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy and CLTA Standard Coverage Owners Policy Please note that the America's First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America's First Homeowner's Policy(CLTA/ALTA Homeowner's Policy)will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. _ ENED Janet Merritt, Title Officer ° �' "'" JUL 02 2014 LLL PNNG PANIET. Page 1 Rev.NAT 8/20/13 Order No. 54606-1273439-14 Y SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: LEXMAR DEVELOPMENT, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY 3. The Land referred to in this report is situated in the State of California, County of Santa Clara, and is described as follows: See attached Legal Description Page 2 Rev.NAT 8/20/13 Order No. 54606-1273439-14 r• LEGAL DESCRIPTION Real property in the City of Campbell, County of Santa Clara, State of California, described as follows: PARCEL ONE: ALL OF LOT 19,AS SHOWN UPON THAT CERTAIN MAP ENTITLED TRACT NO. 179 E. R. KENNEDY SUBDIVISION NO. 2,WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 14, 1941 IN BOOK 5 OF MAPS AT PAGES 52 AND 53. PARCEL TWO: LOT 18, "TRACT NO. 179 E.R. KENNEDY, SUBDIVISION NO. 2, PART OF THE N. E. 1/4 OF SECTION 34,TOWNSHIP 7 SOUTH, RANGE 1 WEST, M.D.B.&M.,", FILED APRIL 14, 1941, BOOK 5 OF MAPS, PAGES 52 AND 53, SANTA CLARA COUNTY RECORDS. APN: 305-34-004 and 305-34-005 Page 3 Rev.NAT 8/20/13 Order No. 54606-1273439-14 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: The Following Matters Affect Parcel One: 1. General and special taxes and assessments for the fiscal year 2014-2015, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2013-2014. First Installment: $4,369.41, PAID Second Installment: $4,369.41, PAID Tax Rate Area: 010-005 APN: 305-34-004 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Special Tax for Santa Clara County Library District Joint Powers Authority Community Facilities District No. 2005-1, under the Mello Roos Community Facilities Act of 1982 as disclosed by a Notice of Special Tax Lien recorded June 24, 2005, Instrument No. 18438576, Official Records, payable in continuing installments collected with the real property taxes. 5. Covenants, conditions, restrictions and easements contained in that certain instrument Executed by: Robert W. Kennedy Recorded: October 12, 1904 in Book 283 of Deeds Page 222 6. Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract. Purpose: Light and Air Easement(Designated the Map herein referred to) Affects: ThezE-aA-e-rGWAWbet and the-!©r N-�x7JQW.feet of said land 7. Covenants, conditions, restrictions and easements in the document recorded August 2, 1941 as Book 1056, Page 113 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c)or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Page 4 Rev.NAT 8/20/13 Order No. 54606-1273439-14 8. With respect to Lexmar Development LLC, a California limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment(LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require 9. We find no open deeds of trust. Escrow please confirm before closing. The Following Matters Affect Parcel Two: 1. General and special taxes and assessments for the fiscal year 2014-2015, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2013-2014. First Installment: $4732.69, PAID Second Installment: $4732.69, PAID Tax Rate Area: 010-005 APN: 305-34-005 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Special Tax for Santa Clara County Library District Joint Powers Authority Community Facilities District No. 2005-1, under the Mello-Roos Community Facilities Act of 1982 as disclosed by a Notice of Special Tax Lien recorded Jun 24, 2005, Instrument No. 18438576, Official Records, payable in continuing installments collected with the real property taxes. 5. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description, including but not limited to: Easement for light and air easement(designatedTI SIT!on the map herein referred to) and incidental purposes affecting the E�Pster•iy=2zjxfeet of said land . Ea eme�`�"n fo p-W@i44utibyzam6incidental purposes affecting the goyt�yp'Qno, said land as shown on said map . Page 5 Rev.NAT 8/20/13 Order No. 54606-1273439-14 6. Covenants, conamons, restrictions and easements in the document recorded August 2, 1941 ,. as Book 1056, Page 113 of Official Records,which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant,condition, or restriction indicating a preference, limitation or discrimination based on race,color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry,to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 7. An agreement, affecting said land, for the purposes, stated herein, upon the terms, covenants and conditions referred to therein, between the parties named herein For: Use permit Dated: May 4, 1985 Executed by: Nicklas Granoski and Fred Schneider and The City of Campbell Recorded: July 29, 1985 Instrument No. 8478790 of Official Records. 8. With respect to Lexmar Development, LLC, a California limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment(LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company,that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary,the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require 9. We find no open deeds of trust. Escrow please confirm before closing. ********** END OF REPORT********** Page 6 Rev.NAT 8/20/13 Order No. 54606-1273439-14 * * * * * NOTES * * * * * 1. Notice of change in ownership recording procedure Effective July 1, 1985 pursuant to state law as amended January 1, 2011 (Section 480.3 of the Revenue and Taxation Code), all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20.00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a non- exclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer(Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A"teller's check"is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. Page 7 Rev.NAT 8/20/13 Order No. 54606-1273439-14 For Your Information. Our Wire Instructions Are: Wire To: Credit the Account of: Comerica Bank North American Title Company, Inc. 2321 Rosecrans Ave, Ste 5000 Bank Account No.: 1893546067 ABA No.: 121137522 El Segundo, CA 90245 Escrow No. 54606-1273439-14 ACH FUNDS-Automatic Clearing House North American Title Company, Inc. will not accept funds in the form of ACH transfers. Be sure to reference our order number 54606-1273439-14. Should this office be required to wire funds out at close of escrow, please be informed that wiring instructions should be received as soon as possible, but no later than the following times. Wires outside the State of California: 11:00 A.M. ON DATE OF WIRE Wires within the State of California: 12:00 P.M. ON DATE OF WIRE Effective January 1, 1991 A service charge of$25.00 will be assessed for all funds disbursed by this Company by wire. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any,to which this map is attached. Page 8 Rev.NAT 8/20/13 Order No. 54606-1273439-14 R + - 1 NORTH AMERICAN TITLE COMPANY 4255 Hopyard Road, Suite 1, Pleasanton, CA 94588 (925)847-9570 Fax: (925)847-0663 Email: nocal.pleasantonstoneridge@nat.com Attention: Your Ref: Our Order No.: 54606-1273439-14 LENDERS SUPPLEMENTAL REPORT Dated as of January 07, 2014 AT 7:30 A.M. Title Officer: Janet Merritt The above numbered report(including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Commercial Structure as to Parcel Two and Vacant Land as to Parcel One Known as: 2295 and 2305 S. Winchester Blvd. City of Campbell County of Santa Clara State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None Page 9 Rev.NAT 8/20/13 Order No. 54606-1273439-14 Rev. 03/2014 WHAT DOES NORTH AMERICAN TITLE GROUP, INC. FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect,share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • transaction history and payment history • purchase history and account balances When you are no/ongerour customer,we continue to share your information as described in this notice. • All financial companies need to share customers'personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers'personal information;the reasons North American Title Group, Inc. Family of Companies("NATG'�choose to share; and whether you can limit this sharing. Reasons we can share your personal information oes NATG share? Can you limit this sharing? For our everyday business purposes— Yes No such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes— Yes No to offer our products and services to you For joint marketing with other financial No We don't share companies For our affiliates'everyday business purposes— Yes No information about your transactions and experiences For our affiliates'everyday business purposes— No We don't share information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share • - • Call 1 (888)444-7766, extension 6585 Page 10 Rev.NAT 8/20/13 Order No. 54606-1273439-14 Who we are Who is providing this notice? The North American Title Group, Inc. Family of Companies(identified below), such as home owners insurance and home mortgage companies. What we • • How does NATG protect my To protect your personal information from unauthorized access and use,we use security personal information? measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does NATG collect my We collect your personal information, for example,when you personal information? . apply for financing or provide employment information • provide account information or show your government issued ID • give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only sharing for affiliates'everyday business purposes—information about your creditworthiness v affiliates from using your information to market to you • sharing for nonaffiliates to market to you Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. • Our affl/ates include the companies fisted below. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates we share with can include collection agencies,ITservice providers, companies that perform marketing services on our or their own behalf, consumer reporting agencies, and others • NA TG does not share with nonaffMiates so they can market to you. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • NATG doesn t joint/y market. Our Affiliates.The North American Title Group, Inc. Family of Companies is: North American Title Company North American Abstract Agency North American Title Insurance Company NASSA, LLC North American Title Alliance, LLC North American Title, LLC North American Title Florida Alliance, LLC North American Advantage Insurance Services, LLC North American Services, LLC North American National Title Solutions, LLC North American Title Agency North American Exchange Company Page 11 Rev.NAT 8/20/13 Order No. 54606-1273439-14 Exhibit A(06-03-11) CL TA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building or zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien,or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polity,or the inability or failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender,by reason of the operation of federal bankruptcy,state insolvency or similar creditors'rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B,PART I This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a) Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. 6. Any lien or right to a lien for services,labor or material not shown by the public records. CLTA/AL TA HOMEOWNER'S POLICY OF 777ZEINSUP4NCE(02-03-10) 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 those portions of any law or government regulabon concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division;and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk B.a.,14,15,16,18,19,20,23 or 27. 2. The failure of Your existing structures,or any part of them,to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created,allowed,or agreed to by You,whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date,but not to Us,unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You;or d. that first occur after the Policy Date-this does not limit the coverage described in Covered Risk 7,8.e.,25,26,27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b. in streets,alleys,or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state insolvency,or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: I For Covered Risk 16,18,19,and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liabil tv Covered Risk 16: 1%of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less) Covered Risk 18: 1%of Policy Amount Shown in Schedule A or $5,000 $10,000 (whichever is less) Covered Risk 19: 1%of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less) Covered Risk 21: 1%of Policy Amount Shown in Schedule A or $2,500 $5,000 (whichever is less) Page 12 Rev.NAT 8/20/13 Order No. 54606-1273439-14 ALTA RESIDENTIAL 777LEINSUR4NCE POLICY(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys'fees,and expenses resulting from: 1. Governmental police power,and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: * land use * improvements on the land * land division * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless: * a notice of exercising the right appears in the public records * on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: * that are created,allowed,or agreed to by you * that are known to you,but not to us,on the Policy Date--unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date--this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. 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. 2006 AL TA LOAN POLICY(05-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting, regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii)the character,dimensions,or location of any improvement erected on the Land; (III)the subdivision of land;or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the alcove Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,Interests,or daims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 6. Any lien or right to a lien for services,labor or material not shown by the public records. 2006 ALTA OWNER S POLICY(06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a)Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. Page 13 Rev.NAT 8/20/13 Order No. 54606-1273439-14 ,P 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)that arise by reason of: 1. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;(b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 2. Any facts,rights,interests,or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 4. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b),or(c)are shown by the Public Records. 6. Any lien or right to a lien for services,labor or material not shown by the public records. AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY(07-25-101 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5,6,13(c),13(d),14 or 16. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,16,17, 18,19,20,21,22,23,24,27 or 28);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury,or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b)or 25. 8. The failure of the residential structure,or any portion of it,to have been constructed before,on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 27(b)of this policy. Page 14 Rev.NAT 8/20/13 Order No. 54606-1273439-14 z 0 a O FF1 OE OF CO U N TY ASSESSOR --- S AN TA CLA R A COUNTY. C A L I FORNI A BOCK PAfE W In m 305 34 TRACI' N? 592 N"491 n KENNEDY SUED,-UNIT W4 I . CATALPA—e ; - RM.82s•M-3a,ss Iry E.R, KENPJEDY SUED. 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