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1365 Juanita Way (2015-01056)
! , .. Project Address: °F. . City of Campbell 1365 it,,aK: 4-s- u3c...f WASTE , ic t- . MANAGEMENT Permit No(-- (9/5--- / � °RctrAO PLAN WMP REQUIRED BECAUSE PROJECT IS A SUBMIT TO: Demolition≥500 Sq. Ft. City of Campbell a Construction/Remodel ≥$250,000 Public Works Dept. 70 N. First St. O Construction/Remodel ≥2000 sq. ft. Campbell, CA 95008 Mon.— Fri. 8:00 am-5:00 pm INFORMATION AND SUPPORT: Public Works Dept. -408 866 2150 SECTION ONE: PERMIT APPLICATION This Waste Management Plan (WMP) must be completed and approved to obtain a building permit. Separate WMPs must be completed for demolition and construction at the same site unless the Building Department requires only one permit. Step 1: PROJECT INFORMATION - FILL OUT THE FOLLOWING INFORMATION Applicant's Name: ?Golf v....c.1/4.-- ✓tc..�t)"— Contact Phone Number: ttbe> - 2®C1 - SI 4 Z Fax Number: LI CY6-77 70-77 Check one: Own r ❑ Architect 2 Builder ❑ Owner/Builder ❑ Other Contractor: Fogy/Ire-4 t St.4Co..5hY.adra -Contact Phone Number: Y®8-Zoe EV14 Z. Project Type: ❑ New ❑ Remodel (l Addition ❑ Demolition Project Square Footage: Project Description: V.64,4"-e. I i-ti\o..--- i (-le Co 3-0-c 4-r - t4 . _ Estimated Completion Date: Step 2: WASTE MANAGEMENT REQUIREMENTS REQUIREMENTS: You are required to recycle or re-use 50% of all construction and demolition debris. I understand that I am required by the City of Campbell Municipal Code Section 6.1 2 to�salvage, reuse, or recycle a minimum of 50% of all construction and demolition debris (C&D). (Initial) I understand that failure to meet the requirements of Municipal Code Section 6.12 shall constitute a misdemeanor, and shall be punishable by imprisonment in the county jail for up to 6 months, or by a fine of up to $1,000, or both. In addition, a stop order on the job or a delay of final approval may occur. ,C (Initial) At the completion of this project, or more frequently if required, all receipts or other equivalent documentation from salvage, recycling and waste facilities will be provided to the City of Campbell Public Works Department and I understand that I may not be issued my final inspection unless all recei t nd documentation are submitted to the City of Campbell Public Works Department. (Initial) Step 3: RECYCLING CONSTRUCTION AND DEMOLITION DEBRIS-ANSWER THE QUESTIONS BELOW SALVAGE AND REUSE: What materials will be salvaged? & • Salvage Company (if applicable): What materials will be reused on site? How will this be documented? MATERIAL TRANSPORTATION: Will you be using a hauling company or hauling the material yourself? (Check one) ❑ West Valley Collection & Recycling Co. (WVCR)* ❑ Self Haul * Permit Applicant is required to contact WVCR (408-283-9250) to request construction and demolition debris box service. All original receipts, weight tags and documentation for salvage, recycling, and disposal must be submitted: ❑ On Completion of project ❑ Other DPW Approval: Date: SECTION TWO: FINAL REPORT APPROVAL Please complete this section and have it approved by the Public Works Department no later than 30 days after completion of the demolition or construction project. This section must be completed and signed, and all original receipts or other supporting documentation must be attached in order to receive final project approval. ❑ All original receipts or equivalent documentation for salvage, recycling, and disposal are hereby attached. This project has recycled at least 50%of all construction and demolition debris generated. Applicant: /4% 7"---,Z----"--7 Date: $ /2'4/5. • DPW Approval: Date: I 0 . vil - - - ' r?s fir: _ eN REVIEW ROUTER CIT" � 3� '� A "�t Submittal ❑Resubmittal: (2"°,3r`',4`h 1't' Review) ❑Revision to Existing PermitVED�. l O / APN# o f, f / `/, tL/ APPLICATION/PERMIT#/ 5.1 7 -IOB ADDRESS/2&'' S „\--a_t,�/l .1-c y JOB DESCRIPTION 7 _ ,rj � / ❑COMMERCIAL ❑RESIDENTIAL _ Plans . r Green-Point Rated Checklist 1 Structural Cal cs. `^W WV SD `---soils/Geotechnical Report __School Fee Form Truss Calcs. Health Department Approval T-24 Calcs. _Response Letter CA Green Specs Specifications / / _ i - f„ Building Checked By — _ Date: N- [APPROVED ❑NOT APPROVED [Structural: _Date: _ / ❑APPROVED ❑NOT APPROVED Tanning Zone: P an Checked By:1 -Date: DAPPROVED ❑NOT APPROVED P blic Works an Checked By:\ iu c2/\2( Date: , ri\ , DAPP ROVED NOT APPROVED CO t -TS 'k 3.e- V>Lb Zo1S--Oti ian. re Checked By: Date: / . - 0 APPROVED ❑NOT APPROVED • PLAN REVIEW ROUTER CITY OF CAMPBELL ❑New Submittal ❑Resubmittal:(2"d 3", 4th 5th Review) ❑Revision to Existing Permit RECEIVED t APN #403 . `C 7 „ (J�6 APPLICATION/PERMIT# 5 c OB ADDRESS i (/)S712A0-��1 t-cil Wy JOB DESCRIPTION /1) sV'NI-) ❑COMMERCIAL _ ESIDENT1AL Plans _Green-Point Rated Checklist ^ Structural Calcs. _WVSD Soils/Geotechnical Report _School Fee Form Truss Caics. __Health Department Approval T-24 Calcs. _Response Letter ..,__,__I `-- -CA Green Speccs Specifications f N_ l�c— ,! 71, !( C-,t 1 S Initia ding elan Checked By Date: _ I DAPPROVED ENOT APPROVED i Structural: Date: DAPPROVED ❑NOT APPROVED Planning Zone: an Checked By: Date: aDAPPROVED ❑NOT APPROVED ptublic Works ' an Checked By: _ Date: 7 1) .15-- i .- DAPP ROVEDN0T APPROVED i ire Plan Checked By: Date: DAPPROVED ❑NOT APPROVED MEMORANDUM CITY OF CAMPBELL TO: Bill Bruckart, Building Official DATE: 07/13/2015 FROM: Roger Storz, Senior Civil Engineer(408) 866-2190 SUBJECT: BUILDING PERMIT APPLICATION Site Address: 1365 Juanita Way For File No(s): BLD2015-00782, BLD2015-00783 Project Description: New Single Family House, Pool House, and Secondary Unit PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL Prior to issuance of any grading or building permits for the site, the applicant is required to complete the Conditions of Approval for the project (PLN2014-00313). See Public Works Conditions of Approval printed on the bottom of Sheet Al. Specifically, the applicant needs to provide a plan showing all proposed utility work within the public right-of-way so that an appropriate pavement restoration plan can be approved. At a minimum the applicant will be installing new trenches for gas, water and joint trench utilities within and across Juanita Way. Multiple trenches spread out across the frontage may require the construction of a 2" grind and pavement overlay over the entire frontage. J:\LandDev\Conditions\BldgUuanita Way 1365 Bldg.docx Page 1 of 1 Application for Building Permit Applicant:Fill in all applicable areas;please print clearly. Application Number — f' Intake Person(office use Applicant is: Owner ), Contractor ArchitectlDesigner Agent: --------- - -- - Project Identification: APN: HO-5-1 O- Ui Lot# Suite or Space#' Job Address: 13 S V�UYI* a- c. l A\) City: ar✓h ` X J e II State: CA Zip: ci 560 -- - ------ - -- --- - -- -- -- Project Type (check appropriate item) Permit Type(s) (check appropriate items) Commercial ' X Residential )( BLDG )C MECH )C, PLUMB ' ELEC ---------------- - --- - -- - - -- - - - --- - - --- - - - - - - Scope of Work 3 tn.i G1,tvt D\ V\. 2 6 icy �OWI P_ T— QeS c‘-e4/1-1 AJ Occupancy: S;✓� 1e _coon-1 z t�( �►'1'�e Valuation$ ���b©�' Const.Type: Is Bldg.Sprinklered? Yes( No Existing Use: Proposed Use Si�1e ► av lc �� hovvie #of Stories: Z.. #of Units: Comm.Sq.Ftg. Office: Retail: Warehouse: Other: 7 Ft Ft .Res.Sq. Total S . 2tJ N 3 Z Dwelling: 14N q0 Gar: �� #of cars Z Patio: ( °r7:336.5 Porch: '3 Deck: g q 9 (Production Homes Only) Master Plan#: Lic.# Plan#: Suffix: Owner's Name,Address,Phone Name PO`1%..vt.v,.v*' F>a.✓."1- v1-e t Home Phone: Address - 2,0.)c 5 Bus. Phone '-1()S-7. 0c►--S9H Ernail 'PSI-bit/1A-LI City LDS (-late) S state CA Zip Code_ ` 9C:53 t y#1► GD W► Contractor's Name,Address, Phone&Contractor's Lic.# Check Here if"Owner/Builder"Permit Ccw�Qa„N '. 11t 1 AYQT. Si E Co1nS�Yi�C�'io✓� Name ? �/ ' cut A�Z-�v%+c-iv1 i for)e Pliune: `f" Address 4- C) "e-6:>K 2J' S" Bus. Phone: t-l0 G-Zd9"'8ci 4 2 r�Email 5}fowl x (,-cf. 67 c 01, S State C fr Zip Code '1503 i1 License.#: M 1O S License Classifications(s): '/` Architect Des' er Engineer (please chec ne) , ,� r �. aifE ��C p Phone: �� -( U L 1/ . Name ` ' ,1st fi Address ii(JCdill/ 4) Bus. P o Email City f4 ( State Zip Code .5 �� Desired contact person: Owner Xt Contractor Architect/Designer Agent Ta'1 111/1 a Yl i ZCtrietilD l'7 j IS . Applicant Signature Printed Name Date Revised September 2012 •°� {_A DEVELOPMENT REVIEW COMMITTEE ROUTING SHEET DEVELOPMENT APPLICATION r'''( HA 0' ,kft1A0' Distribution: January 9, 2015 1A Presentation: N/A P � 1 Conditions: January 20, 2015rk�40ii �: � ROUTE TO: 4/S/rd7;� Building Division Police Department Fire Department Redevelopment Coordinator X Land Development Division Traffic Engineer Project Description: RESUBMITTAL (INCLUDING NEW GRADING PLAN) of materials for a Site and Architectural Review Permit for construction of a two-story 5,158 square-foot single-family house with a 663 square-foot "pool house", and a 640 square-foot secondary dwelling unit. -There will no DRC meeting for this item- File No.: PLN2014-313 APN: 403-16-016 Applicant: Payman Farzaneh Property Owner: Payman Farzaneh Project Address: 1365 Juanita Way Zoning District: R-1-10 (San Tomas Area) General Plan Designation: Low Density Single-Family PROJECT PLANNER: Daniel Fama DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this commesnt sheet with your initials to the Project Planner as soon as possible. Status Initial Use cr+IcA 'ict.Ss NexAtseb � 1 112-Its— Conditions p.) 11 111 I I I �--P—� No Conditions Additional information/revisions (see attached) 17 2014 ov•cii Public livor HUilli[i1 - T -4. '14 DEVELOPMENT REVIEW COMMITTEE r- ROUTING SHEET DEVELOPMENT APPLICATION cs Ft 001 Distribution: November 17, 2014 Presentation: November 25, 2014 Completeness Comments: December 2, 2014 Conditions: December 9, 2014 ROUTE TO: X Building Division Police Department X Fire Department Redevelopment Coordinator -Land.-Development Division Traffic Engineer Project Description: Site and Architectural Review Permit for construction of a two- story 5,158 square-foot single-family house with a 663 square-foot "pool house", and a 640 square-foot secondary dwelling unit. File No.: PLN2014-313 APN: 403-16-016 Applicant: Payman Farzaneh Property Owner: Payman Farzaneh Project Address: 1365 Juanita Way Zoning District: R-1-10 (San Tomas Area) General Plan Designation: Low Density Single-Family PROJECT PLANNER: Daniel Fama DEPARTMENTAL RECOMMENDATION: If it can be determined that this project will require minimal or no comments by your department/agency, please return this comment sheet with your initials to the Project Planner as soon as possible. Status Initial Conditions \\)11 No Conditions Additional information/revisions (see attached) MEMORANDUM CITY OF CAMPBELL TO: Daniel Fama, Project Planner DATE: 11/17/14 FROM: Roger Storz, Senior Civil Engineer c ��3e-- SUBJECT: DRC APPLICATION Site Address: 1365 Juanita Way For File No(s): PLN2014-313 Project Description: Site and Architectural Review Permit for construction of a two-story 5,158 square-foot single family house with a 663 square-foot "pool house", and a 640 square-foot secondary dwelling unit Applicant: Payman Farzaneh COMMENTS The scope of this project triggers the requirement for Frontage Improvements as required by Campbell Municipal Code 11.24.040. However, per the San Tomas Area Neighborhood Plan, Juanita Way has been designated to remain unimproved and as such the applicant will not be required to construct frontage improvements. PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL 1. Storm Drain Area Fee: Prior to issuance of any grading or building permits, the applicant shall pay the required Storm Drain Area fee, currently set at $2,120.00 per net acre, which is $1,043.00. 2. Stormwater Pollution Prevention Measures: Prior to issuance of any grading or building permits, the applicant shall comply with the National Pollution Discharge Elimination System (NPDES) permit requirements, Santa Clara Valley Water District requirements, and the Campbell Municipal Code regarding stormwater pollution prevention. The primary objectives are to improve the quality and reduce the quantity of stormwater runoff to the bay. Resources to achieve these objectives include Stormwater Best Management Practices Handbook for New Development and Redevelopment ("CA BMP Handbook") by the California Stormwater Quality Association (CASQA), 2003; Start at the Source: A Design Guidance Manual for Stormwater Quality Protection ("Start at the Source") by the Bay Area Stormwater Management Agencies Association (BASMAA), 1999; and Using Site Design Techniques to Meet Development Standards for Stormwater Quality: A Companion Document to Start at the Source ("Using Site Design Techniques") by BASMAA, 2003. 3. Utilities: All on-site utilities shall be installed underground per Section 21.18.140 of the Campbell Municipal Code for any new or remodeled buildings or additions. Applicant shall comply with all plan submittals, permitting, and fee requirements of the serving utility companies. ° J:\LandDev\Conditions\Ping\Juanita Way 1365.doc Page 1 of 2 . 1365 Jua Way(PLN2014-313) 4. Water Meter(s) and Sewer Cleanout(s): Existing and proposed water meter(s) and sewer cleanout(s) shall be relocated or installed on private property behind the public right-of-way line. 5. Utility Coordination Plan: Prior to issuance of building permits for the site, the applicant shall submit a utility coordination plan and schedule for approval by the City Engineer for installation and/or abandonment of all utilities. The plan shall clearly show the location and size of all existing utilities and the associated main lines; indicate which utilities and services are to remain; which utilities and services are to be abandoned, and where new utilities and services will be installed. Joint trenches for new utilities shall be used whenever possible. 6. Pavement Restoration: Based on the utility coordination plan, the applicant shall prepare a pavement restoration plan for approval by the City Engineer prior to any utility installation or abandonment. Streets that have been reconstructed or overlaid within the previous five years will require boring and jacking for all new utility installations. Juanita Way has not been reconstructed or overlaid in the last 5 years. The pavement restoration plan shall indicate how' the street pavement shall be restored following the installation or abandonment of all utilities necessary for the project. 7. Utility Encroachment Permit: Separate Encroachment Permits for the installation of utilities to serve the development will be required (including water, sewer, gas, electric, etc.). Applicant shall apply for and pay all necessary fees for utility permits for sanitary sewer, gas, water, electric and all other utility work. 8. Additional Street Improvements: Should it be discovered after the approval process that new utility main lines, extra utility work or other work is required to service the development, and should those facilities or other work affect any public improvements, the City may add conditions to the development/project/permit, at the discretion of the City Engineer, to restore pavement or other public improvements to the satisfaction of the City. J:\LandDev\Conditions\Ping\Juanita Way 1365.doc Page 2 of 2 Fidelity National Title Company' 675 N. First Street, 4th Floor San Jose, CA 95112 Phone: (408)437-4318/Fax: (408)295-3975 Mahsa Esfahini and Payman Farzanea Date: November 12, 2014 1365 Juanita Way Order No.: FSBC-2061400488-BD Campbell, CA 95008 Buyer(s): Mahsa Esfahini and Payman Farzanea Property: 1365 Juanita Way Campbell,CA 95008 Enclosed is your Title Policy or Guarantee in connection with the above referenced transaction. Please call us immediately if you have any questions or concerns. Sincerely, Blas Delgado NOV 1 4 2014 Title Officer bdelgado@fnf.com CITY OF Lf',iVIPBELL ss PLANNING DEPT. Policy/Guarantee Product Enclosure Letter-Title Printed: 11.12.14 @ 12:34PM by SS SSCORPD0272.doc/Updated: 07.21.14 Page 1 CA-FT-FSBC-01500.080206-FSBC-2061400488 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE Policy Number: Issued By: Fidelity National Title FSBC-2061400488 fpee Insurance Company OWNER'S INFORMATION SHEET Your Title Insurance Policy is a legal contract between You and Us. It applies only to a one-to-four family residence and only if each insured named in Schedule A is a Natural Person. If the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one-to-four family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately. The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed on the Policy. The Policy is limited by: • Provisions of Schedule A • Exceptions in Schedule B • Our Duty To Defend Against Legal Actions • Exclusions • Conditions You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You by someone else after You transfer Your Title. IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS. The premium for this Policy is paid once. No additional premium is owed for the Policy. This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy explains in detail Your rights and obligations and Our rights and obligations. Since the Policy- and not this sheet- is the legal document, YOU SHOULD READ THE POLICY VERY CAREFULLY. If You have any questions about Your Policy, contact: Fidelity National Title Company, 675 N. First Street, 4th Floor, San Jose, CA 95112 Copyright American Land Title Association. All rights reserved. °N`R"''N LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--S PS-27420-1-14-FS BC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 TABLE OF CONTENTS OWNER'S COVERAGE STATEMENT SCHEDULE A COVERED RISKS Policy Number, Premium, Date and Time and OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS Amount EXCLUSIONS Deductible Amounts and Maximum Dollar • Limits of Liability CONDITIONS 1. Definitions Street Address of the Land 2. Continuation of Coverage 1. Name of Insured 3. How to Make a Claim 2. Interest in Land Covered 4. Our Choices When We Learn of a Claim 3. Description of the Land 5. Handling a Claim or Legal Action SCHEDULE B-EXCEPTIONS 6. Limitation of Our Liability 7. Transfer of Your Rights to Us 8. This Policy is the Entire Contract 9. Increased Policy Amount 10. Severability 11. Arbitration 12. Choice of Law Copyright American Land Title Association. All rights reserved. RICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA---S PS-27420-1-14-FSBC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in writing at the address shown in Section 3 of the Conditions. OWNER'S COVERAGE STATEMENT This Policy insures You against actual loss, including any costs, attorneys' fees and expenses provided under this Policy. The loss must result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which there is located a one-to-four family residence and only when each insured named in Schedule A is a Natural Person. Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event creating the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date. Your insurance is limited by all of the following: • The Policy Amount • For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A • The Exceptions in Schedule B • Our Duty To Defend Against Legal Actions • The Exclusions • The Conditions COVERED RISKS The Covered Risks are: 1. Someone else owns an interest in Your Title. 2. Someone else has rights affecting Your Title because of leases, contracts, or options. 3. Someone else claims to have rights affecting Your Title because of forgery or impersonation. 4. Someone else has an easement on the Land. 5. Someone else has a right to limit Your use of the Land. 6. Your Title is defective. Some of these defects are: a. Someone else's failure to have authorized a transfer or conveyance of your Title. b. Someone else's failure to create a valid document by electronic means. c. A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or recorded. d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney. e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records. f. A defective judicial or administrative proceeding. 7. Any of Covered Risks 1 through 6 occurring after the Policy Date. 8. Someone else has a lien on Your Title, including a: a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid; b. Mortgage; c. judgment, state or federal tax lien; d. charge by a homeowner's or condominium association; or e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date. 9. Someone else has an encumbrance on Your Title. 10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity. Copyright American Land Title Association. All rights reserved. ""r""^" LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ON All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA—SPS-27420-1-14-FSBC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right. 12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to: a. any obligation to perform maintenance or repair on the Land; or b. environmental protection of any kind, including hazardous or toxic conditions or substances unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this Covered Risk is limited to the extent of the violation stated in that notice. 13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your Title, even if the covenant, condition or restriction is excepted in Schedule B. 14. The violation or enforcement of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; or f. environmental protection, if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that notice. 15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action. Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice. 16. Because of an existing violation of a subdivision law or regulation affecting the Land: a. You are unable to obtain a building permit; b. You are required to correct or remove the violation; or c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if: a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 18. You are forced to remove or remedy Your existing structures, or any part of them - other than boundary walls or fences - because any portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 19. You are forced to remove or remedy your existing structures, or any part of them, because they violate an existing zoning law or zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation. Copyright American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. z 1A11_n All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA—SPS-27420-1-14-FS BC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. 22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it because Your neighbor's existing structures encroach onto the Land. 23. You are forced to remove Your existing structures which encroach onto an easement or over a building set-back line, even if the easement or building set-back line is excepted in Schedule B. 24. Your existing structures are damaged because of the exercise of a right to maintain or use any easement affecting the Land, even if the easement is excepted in Schedule B. 25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees, are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals, water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B. 26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon race, color, religion, sex, handicap, familial status, or national origin. 27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy Date because of construction or a change of ownership or use that occurred before the Policy Date. 28. Your neighbor builds any structures after the Policy Date - other than boundary walls or fences -which encroach onto the Land. 29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it. 30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy, state insolvency, or similar creditors' rights laws. 31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date. 32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records. OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense. We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this Policy. We can end Our duty to defend Your Title under Section 4 of the Conditions. Copyright American Land Title Association. All rights reserved. A.'df RICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--SPS-27420-1-14-FSBC-2061400488 S-27420-1-14-F S BC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 THIS POLICY IS NOT COMPLETE WITHOUT SCHEDULES A AND B. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company By: Fidelity National Title Company 675 N. First Street,4th Floorponovem: I--, San Jose, CA 95112 President Countersigned By: '' ' Attest: tSEAL! Authorized Officer or Agent Secretary AW RICA\ Copyright American Land Title Association. All rights reserved. LAND TITLE Atte,.,ION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 14, ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--S PS-27420-1-14-FS BC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 SCHEDULE A Date of Policy Policy Amount Premium August 26, 2014 at 08:OOAM $1,250,000.00 $2,698.00 Our name and address is: Blas Delgado Fidelity National Title Company 675 N. First Street, 4th Floor San Jose, CA 95112 Deductible Amounts and Maximum Dollar Limits of Liability For Covered Risk 16, 18, 19 and 21: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A $ 10,000.00 or $2,500.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $ 5,000.00 (whichever is less) Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A $ 5,000.00 or $2,500.00 (whichever is less) Street Address Of The Land: 1365 Juanita Way, Campbell, CA 95008 1. Name of Insured: Mahsa Esfahini and Payman Farzanea 2. Your interest in the Land covered by this Policy is: A Fee 3. The Land referred to in this Policy is described as: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A NTR Ion. Copyright American Land Title Association. All rights reserved. LAND TITLC The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. „"Aril All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--S PS-27420-1-14-F S BC-2061400488 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 403-16-016 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: ALL OF LOT 5, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "TRACT NO. 311 VISTA DE LAS MONTANAS", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JUNE 3, 1946, IN BOOK 10 OF MAPS, PAGES 44 AND 45. AMERICAN Copyright American Land Title Association. All rights reserved. LAND IMF A The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--S PS-27420-1-14-FS BC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 SCHEDULE B EXCEPTIONS In addition to the Exclusions, You are not insured against loss, costs, attorneys'fees, and expenses resulting from: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. 2. 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. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively(commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. 4. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 5. A building set-back line, as disclosed by said map/plat. Affects: the Southwesterly 25 feet 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: September 10, 1946 Recording No: 422319, Book 1368, Page 427, of Official Records. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or any deed of trust made in good faith and for value. END OF SCHEDULE B maim A.'Ex"" Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA----SPS-27420-1-14-FSBC-2061400488 • FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 A"rR"" Copyright American Land Title Association. All rights reserved. LAND TITLE A i‘Or tA1lcn The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--S PS-27420-1-14-FSBC-2061400488 rn� x ro TRACT N'OFFICE OF COUNTY ASSESSOR SANTA CLARA COUNTY, CALIFORNIA 123 406 RI N C 0 N A t,� GARDENS AUEY BOOK PAGE IDR p\lE16 , 403 16 m O BURROWS PM. 502-M-22 a TRACT N?311 VISTA DE LAS M0NTANAS —t ,>4 rn /355 3E//265 1271 /285 \Rp / 4 O(D Q, 109 26 11023 I 62 97.19 110 11030 1Th[7--v '4// 1425 /44/ � 5070 70 p X46',, (4267 • �� m ; o N \ 9¢ Z \_ \ o N �o I2 "---e a 29 Sli 37 3/ A 32 A m 5q if S? a S g 9 ›' m '•' 59 m w \ m, Ill 96 >- Q o / z P.M. ° 2 104 N 103 0 9A °I^ 3 18o ao 19 20 of _ Ir., 30 i 31 o�y 63S. 352 M 32 C 01 1 i7��' > I L.� A• 5274140 m_.—( PCL. 14: 0Olt a 93 a 13274 I b hB / �-- > "' \ x°79 n TB 17 22 33 ^ e 29 w n n \ 0.72 AC. 0.74 AC. F, ,„—vl oATI0N '•. 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'1 tr1 r a ki .C 7 CA b /9 Iw '( \ 6';54. 1 9-.2 — ?' -yr.93 o m,..r \o- 68 d� 13, 4q.32 72 o w \ \ 904% 1 A 1 7 18 m o r- 1, 159-.2 i7 io zso3 =coz,o 78 \ 6 10 \ s9 \ • o m a Q M 23 12 26 3 7/ 95 7 \' 61.....\.....:„........\,....„..- \ 6a 66 1 5 - 90 ° F- qo m tx% a p o. 5 /e --_--20254 ___—. 40 10335 .0'7 N N $ N �O 3 j. •i;z.y1 11 1,,1 9451 \\ 4� N Z �... �_... es.s7 ggya 95°� 97 �6 II T I: 92 1� C1• 67tH, Q PCL. 1 5144." 2 48 0/ a 93 \ 'g311 \ p;••6- 39 b B /9 0.23 AC ^.,,A li„/� o"m a (P�' ,--, 5� �m J05 PCL 3 ti 108 3 g2BLE1ya \ ° o 0. AC_ �� a 4e2 AFF�-AN. 69 1438 B9 - J �? ' '- 5 g1_-- s9.oe s/ PCL.4 0 1251 \ \�� 3 . mh ��c. _107 / 0.23 AC., 833 a 1436 PS 40 Be \ 56 62 i 6ry. PCL. Z N �� 71.67 424' 0' Qv ~ N 4 \s Z \ 65 0,29 AC. �' 07yti69. $- Tz Q TR. NO. 6660 co �L d771 50.93 pc� P % 97 ID 106 ' / o m 14 N I.'"? 1 3 0- C 115 b° PlN PCL Bc•27 o c 9 mot//tom PM'-1.5\ � �7 fl__N m a 9 >.9460 SF m l''''.-- �. JJ 99 S.° I 00 0' •OW:N // 1+ppt 07 (n 7 �t i M10 a MU o100 -"av9 '� U1 K 51.16 38.93 71.27 cu(••D(p 1340 1350 3 // IIMIIIIIIIIIII 704 CC M.97 l ABBOT-�--�;M-43O'M-5 1;::) LAWRENCE E. STONE- ASSESSOR co 07 Cadastrd mop for assessment purposes only. ° Compiled under R.&T.Code,Sec.327. n o o LLA. 16237408 Effective Roll Year 2010-2011 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 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 regulation 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 8.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. CONDITIONS 1. DEFINITIONS a. Easement-the right of someone else to use the Land for a special purpose. b. Estate Planning Entity-A legal entity or Trust established by a Natural Person for estate planning. c. Known-things about which You have actual knowledge. The words"Know"and"Knowing"have the same meaning as Known. d. Land-the land or condominium unit described in paragraph 3 of Schedule A and any improvements on the Land which are real property. e. Mortgage-a mortgage,deed of trust,trust deed or other security instrument. f. Natural Person-a human being, not a commercial or legal organization or entity. Natural Person includes a trustee of a Trust even if the trustee is not a human being. g. Policy Date-the date and time shown in Schedule A. If the insured named in Schedule A first acquires the interest shown in Schedule A by an instrument recorded in the Public Records later than the date and time shown in Schedule A, the Policy Date is the date and time the instrument is recorded. h. Public Records-records that give constructive notice of matters affecting Your Title,according to the state statutes where the Land is located. i. Title-the ownership of Your interest in the Land,as shown in Schedule A. j. Trust-a living trust established by a Natural Person for estate planning. k. We/Our/Us-Blank Title Insurance Company. I. You/Your-the insured named in Schedule A and also those identified in Section 2.b.of these Conditions. 2. CONTINUATION OF COVERAGE a. This Policy insures You forever,even after You no longer have Your Title. You cannot assign this Policy to anyone else. b. This Policy also insures: (1) anyone who inherits Your Title because of Your death; (2) Your spouse who receives Your Title because of dissolution of Your marriage; (3) the trustee or successor trustee of a Trust or any Estate Planning Entity to whom You transfer Your Title after the Policy Date; (4) the beneficiaries of Your Trust upon Your death;or (5) anyone who receives Your Title by a transfer effective on Your death as authorized by law. immo Copyright American Land Title Association. All rights reserved. A"'r"'CAN LAND TITLE AS,OCIAIION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA—SPS-27420-1-14-FSBC-2061400488 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 (continued) c. We may assert against the insureds identified in Section 2.b. any rights and defenses that We have against any previous insured under this Policy. 3. HOW TO MAKE A CLAIM a. Prompt Notice Of Your Claim (1) As soon as You Know of anything that might be covered by this Policy,You must notify Us promptly in writing. (2) Send Your notice to Fidelity National Title Insurance Company, P.O. Box 45023, Jacksonville, FL 32232-5023, Attn: Claims Department. Please include the Policy number shown in Schedule A, and the county and state where the Land is located. Please enclose a copy of Your policy,if available. (3) If You do not give Us prompt notice, Your coverage will be reduced or ended, but only to the extent Your failure affects Our ability to resolve the claim or defend You. b. Proof Of Your Loss (1) We may require You to give Us a written statement signed by You describing Your loss which includes: (a) the basis of Your claim; (b) the Covered Risks which resulted in Your loss; (c) the dollar amount of Your loss;and (d) the method You used to compute the amount of Your loss. (2) We may require You to make available to Us records, checks, letters, contracts, insurance policies and other papers which relate to Your claim. We may make copies of these papers. (3) We may require You to answer questions about Your claim under oath. (4) If you fail or refuse to give Us a statement of loss, answer Our questions under oath, or make available to Us the papers We request, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. 4. OUR CHOICES WHEN WE LEARN OF A CLAIM a. After We receive Your notice,or otherwise learn,of a claim that is covered by this Policy,Our choices include one or more of the following: (1) Pay the claim; (2) Negotiate a settlement; (3) Bring or defend a legal action related to the claim; (4) Pay You the amount required by this Policy; (5) End the coverage of this Policy for the claim by paying You Your actual loss resulting from the Covered Risk;and those costs,attorneys' fees and expenses incurred up to that time which We are obligated to pay; (6) End the coverage described in Covered Risk 16, 18,19 or 21 by paying You the amount of Your insurance then in force for the particular Covered Risk,and those costs,attorneys'fees and expenses incurred up to that time which We are obligated to pay; (7) End all coverage of this Policy by paying You the Policy Amount then in force,and those costs,attorneys'fees and expenses incurred up to that time which We are obligated to pay; (8) Take other appropriate action. b. When We choose the options in Sections 4.a. (5), (6) or (7), all Our obligations for the claim end, including Our obligation to defend, or continue to defend,any legal action. c. Even if We do not think that the Policy covers the claim,We may choose one or more of the options above. By doing so,We do not give up any rights. 5. HANDLING A CLAIM OR LEGAL ACTION a. You must cooperate with Us in handling any claim or legal action and give Us all relevant information. b. If You fail or refuse to cooperate with Us, Your coverage will be reduced or ended, but only to the extent Your failure or refusal affects Our ability to resolve the claim or defend You. c. We are required to repay You only for those settlement costs,attorneys'fees and expenses that We approve in advance. d. We have the right to choose the attorney when We bring or defend a legal action on Your behalf. We can appeal any decision to the highest level. We do not have to pay Your claim until the legal action is finally decided. e. Whether or not We agree there is coverage, We can bring or defend a legal action, or take other appropriate action under this Policy. By doing so,We do not give up any rights. 6. LIMITATION OF OUR LIABILITY a. After subtracting Your Deductible Amount if it applies,We will pay no more than the least of: (1) Your actual loss; (2) Our Maximum Dollar Limit of Liability then in force for the particular Covered Risk,for claims covered only under Covered Risk 16, 18, 19 or 21;or Copyright American Land Title Association. All rights reserved. AND-RICAN LAND TITLE AtsOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA---S PS-27420-1-14-FS BC-2061400488 • FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 (continued) (3) the Policy Amount then in force. and any costs,attorneys'fees and expenses that We are obligated to pay under this Policy. b. If We pursue Our rights under Sections 4.a.(3)and 5.e.of these Conditions and are unsuccessful in establishing the Title,as insured: (1) the Policy Amount then in force will be increased by Ten percent(10%)of the Policy Amount shown in Schedule A,and (2) You shall have the right to have the actual loss determined on either the date the claim was made by You or the date it is settled and paid. c. (1) If We remove the cause of the claim with reasonable diligence after receiving notice of it,all Our obligations for the claim end,including any obligation for loss You had while We were removing the cause of the claim. (2) Regardless of 6.c.(1)above, if You cannot use the Land because of a claim covered by this Policy: (a) You may rent a reasonably equivalent substitute residence and We will repay You for the actual rent You pay,until the earlier of: (i) the cause of the claim is removed;or (ii) We pay You the amount required by this Policy. If Your claim is covered only under Covered Risk 16, 18, 19 or 21, that payment is the amount of Your insurance then in force for the particular Covered Risk. (b) We will pay reasonable costs You pay to relocate any personal property You have the right to remove from the Land, including transportation of that personal property for up to twenty-five(25) miles from the Land,and repair of any damage to that personal property because of the relocation. The amount We will pay You under this paragraph is limited to the value of the personal property before You relocate it. d. All payments We make under this Policy reduce the Policy Amount then in force except for costs, attorneys' fees and expenses. All payments We make for claims which are covered only under Covered Risk 16, 18, 19 or 21 also reduce Our Maximum Dollar Limit of Liability for the particular Covered Risk,except for costs,attorneys'fees and expenses. e. If We issue, or have issued, a Policy to the owner of a Mortgage that is on Your Title and We have not given You any coverage against the Mortgage,then: (1) We have the right to pay any amount due You under this Policy to the owner of the Mortgage, and any amount paid shall be treated as a payment to You under this Policy, including under Section 4.a.of these Conditions; (2) Any amount paid to the owner of the Mortgage shall be subtracted from the Policy Amount then in force;and (3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21, any amount paid to the owner of the Mortgage shall also be subtracted from Our Maximum Dollar Limit of Liability for the particular Covered Risk. f. If You do anything to affect any right of recovery You may have against someone else, We can subtract from Our liability the amount by which You reduced the value of that right. 7. TRANSFER OF YOUR RIGHTS TO US a. When We settle Your claim,We have all the rights and remedies You have against any person or property related to the claim. You must not do anything to affect these rights and remedies. When We ask,You must execute documents to evidence the transfer to Us of these rights and remedies. You must let Us use Your name in enforcing these rights and remedies. b. We will not be liable to You if We do not pursue these rights and remedies or if We do not recover any amount that might be recoverable. c. We will pay any money We collect from enforcing these rights and remedies in the following order: (1) to Us for the costs,attorneys'fees and expenses We paid to enforce these rights and remedies; (2) to You for Your loss that You have not already collected; (3) to Us for any money We paid out under this Policy on account of Your claim;and (4) to You whatever is left. d. If You have rights and remedies under contracts(such as indemnities,guaranties,bonds or other policies of insurance)to recover all or part of Your loss, then We have all of those rights and remedies,even if those contracts provide that those obligated have all of Your rights and remedies under this Policy. 8. THIS POLICY IS THE ENTIRE CONTRACT This Policy, with any endorsements, is the entire contract between You and Us. To determine the meaning of any part of this Policy, You must read the entire Policy and any endorsements. Any changes to this Policy must be agreed to in writing by Us. Any claim You make against Us must be made under this Policy and is subject to its terms. 9. INCREASED POLICY AMOUNT The Policy Amount then in force will increase by Ten percent(10%)of the Policy Amount shown in Schedule A each year for the first five years following the Policy Date shown in Schedule A, up to One Hundred Fifty percent(150%)of the Policy Amount shown in Schedule A. The increase each year will happen on the anniversary of the Policy Date shown in Schedule A. 10. SEVERABILITY If any part of this Policy is held to be legally unenforceable,both You and We can still enforce the rest of this Policy. 11. ARBITRATION a. If permitted in the state where the Land is located,You or We may demand arbitration. Copyright American Land Title Association. All rights reserved. '''"`R""" LAND MIA « A In The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA--SPS-27420-1-14-FSBC-206 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. FSBC-2061400488 (continued) b. The law used in the arbitration is the law of the state where the Land is located. c. The arbitration shall be under the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). You can get a copy of the Rules from Us. d. Except as provided in the Rules,You cannot join or consolidate Your claim or controversy with claims or controversies of other persons. e. The arbitration shall be binding on both You and Us. The arbitration shall decide any matter in dispute between You and Us. f. The arbitration award may be entered as a judgment in the proper court. 12. CHOICE OF LAW The law of the state where the Land is located shall apply to this policy. minim Copyright American Land Title Association. All rights reserved. 1M5RICAvLAND TITLE „ „ The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. IA, All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Homeowner's Policy of Title Insurance(02/03/2010) Printed: 11.12.14 @ 12:34PM CA—SPS-27420-1-14-FS BC-2061400488