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1117 Ashlock Ct. - ---- CITY OF CAMPBEll 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 Department: Planning October 14, 1992 John Villadsen 1117 Ashlock Court Campbell, CA 95008 RE: Lotline Adjustment - 1117 Ashlock Court APN: 403-12-092 & 007 Dear Mr. Villadsen: The Planning and Public Works Directors have conditionally approved you request for approval of a Lot Line Adjustment between the above referenced parcelCs) based upon the finding that the proposed adjustment is consistent with the General Plan and Zoning on this property. This approval is subject to the following conditions: 1. Verification that the property at 1785 Regina Way is actually connected to the sewer and not still using a septic tank. H a septic system is still being used, the map with the application should show the location of the leach fields to ensure it is not within the property being transferred. 2. The map should more clearly indicate the property line which is to be removed. 3. We have indicated an error in the assessor's parcel numbers shown on the map. 4. Section 66412 Cd) of the Subdivision Map Act specifies that the lot line adjustment shall be reflected in a recorded deed. 5. Record a deed granting the property. ( CITY OF CAMPBEll 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 Department: Planning August 27, 1993 Mr. John Villadsen 1117 Ashlock Court Campbell,CA 95008 Re: Lot Line Adjustment -- 1117 Ashlock Court APN: 403-12-092, 007 Dear Mr. Villadsen: The Planning Department has reviewed the information submitted by you on August 27, 1993, in response to the City of Campbell's letter dated October 14, 1992. Based upon a review of the submitted information, the Planning Director has approved the above referenced lot line adjustment. This approval is valid for a period of one year and requires that you record both grant deeds to effectuate the transfer of the property. If you have any questions regarding this approval please do not hesitate to contact the undersigned at (408) 866-2140. ~~ Tim J. Haley Associate Planner cc: Mike Fuller, Public Works Jeff Maurer, Fidelity National Title, 1733 N. First Street, San Jose, CA 95122 -;1, t, 'j i' 1/ /'---'?....- CITY OF CAMPBEll 70 NORTH FIRST STREET C AMP BEL L, C A L I FOR N I A 9 5 0 0 8 (408) 866-2100 FAX # (408) 379-2572 IICIIVIi.., OCT 20 1992 '.lIe Worbl Engineering Department: Planning October 14, 1992 John Villadsen 1117 Ashlock Court Campbell, CA 95008 RE: Lotline Adjustment - 1117 Ashlock Court APN: 403-12-092 & 007 Dear Mr. Villadsen: The Planning and Public Works Directors have conditionally approved you request for approval of a Lot Line Adjustment between the above referenced parcel(s) based upon the finding that the proposed adjustment is consistent with the General Plan and Zoning on this property. This approval is subject to the following conditions: 1. Verification that the property at 1785 Regina Way is actually connected to the sewer and not still using a septic tank. H a septic system is still being used, the map with the application should show the location of the leach fields to ensure it is not within the property being transferred. 2. The map should more clearly indicate the property line which is to be removed. 3. We have indicated an error in the assessor's parcel numbers shown on the map. 4. Section 66412 (d) of the Subdivision Map Act specifies that the lot line adjustment shall be reflected in a recorded deed. 5. Record a deed page two Letter to John Viladsen RE: 1117 Ashlock Court PM 92-06 H you should have any questions, please do not hesitate to contact the Planning Department at (408) 866-2140, or the Public Works Department at (408) 866-2150. Since~, y, /(3 Steve Piasecki Director of Planning Attachment: 1. Approved Lotline - Site Plan cc: Property Owner Public Works Department Argonaut Engineer Box 10001 San Jose, CA 95157 ~ I) (;)~ ~ ~nald C. Wimberly ! irector of Public Works . -. ..CuL ir CALIFORNIA LAND TITLE COMPANY ofSantaaaraCounty .. ~UH~: A Sub~idiary of Old Republic Title Insurance Group, Inc. .. * .. ... · 12228 SARATOGA-SUNNYVALE ROAD. SARATOGA. CA . 95070 . (408) 725-8500 PRELIMINARY REPORT update Our Order No. 259050 Issued for the sole use of: Mr. and Mrs. Villadsen 1117 Ashlock Court Campbell, California 95008 Reference When Replying Please Contact: Property Address: 1117 Ashlock Court, Campbell, California In response to the above referenced application for a policy of title insurance, California land Title 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 of said Policy or Policies are set forth in Schedule I and Schedule I (continued) attached. Copies of the Policy forlll~ should be reild. They are available from the office which issued this report. This report (ilnd 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. (Jated as of August 19th ,19 92 , at 7:30A.M. The form of policy of title insurance contemplated by this report is: a CLTA Standard Coverage - 1990, Owner's Policy. A specific request should be made if another form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a FEE. Title to said estate or interest at the date hereof is vested in: JOHN R. VILLADSEN and JANE E. VILLADSEN, husband and wife, as Joint Tenants Page~of~Pages UTC ] Ei7-A CALIFORNIA lAND TITLE ORDER NO. 259050 update The land referred to in this Report is situated in the County of State of California, and is described as follows: Santa Clara, City of Campbell, LOT 4, as delineated upon that certain Map entitled "Tract No. 6498", filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on April 1st, 1981 in Book 482 of Maps, at Page 2 and 3 EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Works, a California corporation, by instrument, recorded April 23rd, 1984 in Book I481 of Official Records, Page 648 403-12-92 10054 KM/OS/BF T 482-2-4 7-25-91 Page~of~Pages CITe j 157-C CALIFORNIA lAND TITLE ORDER NO. 259050 update At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would be as follows: 1. Taxes, general and Special, for the fiscal year 1992 & 1993 a lien, but not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provIsIons of Section 75, et seg., of the Revenue and Taxation Code of the State of California. 3. The terms, provIsIons and conditions contained in that certain Agreement executed by and between Ronald P. Ashlock, et aI, and the City of Campbell, recorded April 1, 1981 in Book F995 of Official Records, page 431. 4. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as shown on the filed Map. For Affects Public service easement the front 10 feet 5. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following instrument: Granted to For Recorded Affects The Pacific Telephone and Telegraph Company underground communication facilities September 15th, 1981 in Book G334 of Official Records, Page 462 the front 10 feet 6. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded $335,500.00 John R. Villadsen and Jane E. Villadsen husband and wife, as joint tenants Founders Title Company, a California corporation Echelon Mortgage Corporation, a California corporation July 17th, 1991 July 25th, 1991 in Book L800 of Official Records, Page 1761 The beneficial interest under said Deed of Trust was assigned To By Assignment Recorded Countrywide Funding Corporation August 21st, 1991 in Book L831 of Official Records, Page 2189 CLTe 3157-() Page~of~Pages CALIFORNIA lAND TITLE ORDER NO. 259050 update -------------------- Informational Notes -------------------- 1. Taxes, general and Special, for the fiscal year 1991 & 1992 as follows: Assessor I s Parcel No. : 403-12-092 Code No.: 10054 1st Installment :$2,396.30 Marked Paid 2nd Installment :$2,396.30 Marked Paid Exemption :$7,000.00 2. The last recorded instrument(s) conveying record title to the premises is/are: A deed executed by William G. Vick to John R. Villadsen and Jane E. Villadsen, husband and wife, as Joint Tenants, recorded February 17th, 1989 in Book K852 of Official Records, Page 1845 The last conveyance affecting said land recorded within the last two years, prior to the date of this Report are:NONE Page~()f~Pages cue 31';7-1: I i ~, I: h ,.. i, ~ " j' l~ I,: ',0 HACIENDA , AVENUE t I UGIHA '. .. WAY . . . I. I :1 ~ . I i i 1J l'> ~ ~ lu 'l- ,-. ::.z. ~ l>> 0 ~ ~ l.. ... 5 lu s: ..: c.- o:;; t= S. c.... g> P,t't" Z"-l ~',1 \'l =2 . ~ .. i ,'.:. .... ... ~, ...... n... " CP ..... ~ ~, f I ~E ~ ~ Il' 0. 44. ' Ill"" .... 0:-""--- ----- tl:J i . I ~ 1;1 !C :E ~... r; '-:---... _~,~.i i l ':J " C , -, I ..... ....~ r ~ i~~ n... " - -, ....... ..... ~,l,::UE ~ I E> 5. !;: ... ~ .... L G; ...,. E~ N! 'i~ =~ '" ~ .. ;g ~Q.gz Q II:' roo '" a:i:r~~ ;'Q.~~~ 1":-rir"" il=-",~lf g., :. :: ; ! ~i~;~ -gr~'; ~ g ~ 9 :~;:: 0..- ~... 16 ~2. n .. ~ 5' o g. 5" a- ~ '" f 3 ii.~f' 8 i ... . r J!r Sf ~jJi ;r! n rz .. ..J: il: Ill. 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't'" . ,-- 1 1 ! . 1 . 1 :j " '1 , I j fl ~ ~ SCllEDUlE 1 CAUI'OKNIA lAND TInE ASSOCIATION STANDARD COVERAGE POllL"V - 1990 rhe following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cusl' altorneys' fees or expenses which arise by reason of: '1. (a) Any law, ordinance or governmental regulation (induding but not limited to building or zoning laws, ordinances, or regulatiolls restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensioll or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in the dimensions u 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 violatiul of these laws, ordinances or governmental regulations, except to the extent that a notice of enforcement thereof or a notice of . defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public recOl d. at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice (I a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publi. 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 rll> excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser tu 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 insure( claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and no disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under lbi. 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 Illortgilgt. 01 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 Policy, or till inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in whi, I 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 b) the insured mortgage and is based upon usury or any consumer credit protection or truth ill lending law. o. Any daim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transallio, creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar credit",,, rights laws. In dddition to the Exclusions, you are not insured agdinst loss, costs, attorneys' fees, and expenses resulting from: 1. laxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessnll'lll, 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 b) the records of such agency or by the public records. '2. Any faUs, rights, interests or claims which .Ire not shown by the public records but which could be ascertained by an inspection 0' the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 disdll~I' and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservatiuns or exceptions in patents or in Acts authori:ling the issuance thereof; (c) water righls, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. AMERICAN lAND TInE ASSOCIATION OWNER'S POLICY fORM 8 - 10-21-87 (REV 4-6-90) SCllEDUlE OF EXCLUSIONS FROM COVERAGE 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or reguldtions) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (H) the charaltl~r, dimensions or location of any improvement now or hereafter erected on the land; (Hi) a separation in ownership or a change in tbe 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 dny violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof 01 d 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 a noli< e defect, lien or enwmbrance 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, hill nol ext.luding from coverage any taking which hdS occurred prior to Date uf Policy which would be binding on the rights of a purchaser lor value without knowledge. HG 3157-F (Rev 0-9-91) ( Continued un next page) SCllEDlJl.E 1 (Conlinued) i. Defeels, liens, encumbrances, adverse claims, or olher matters (a) created, suffered, assumed or agreed to by the insured c1aim.J11I (b) noL known Lo the Company and noL shown by the public records but known to the insured c1aimanL either at Date of Policy or al lilt the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claim.II" Lo the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insun'd claimant; (d) allaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustainc~d if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transactiun vesting in the insured the estate or interest insured by this policy, by reason of II it operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMERICAN lAND TITl.E ASSOCIATION I.OAN POLICY - 1970 (Rev. 4-6-90) WITlt A.I..T A ENDORSt:MENT FORM 1 COVERAGE SCIIU)lJl.E Of EXCl.lJSIONS fROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulalil').; or prohibiting the occupancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now .If hereafter erected on the land, or prohibiting a separation in uwnership or a reductiun in the dimensiuns or area of the land, or II.. effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the pul,li, records at Date of Policy. 3. Defecls, liens, encumbrances, adverse clair liS, or other matters (a) created, suffered, assumed or agreed to by the insured dailllalll (b) not known to the Company and not shown by Lhe public records but known to the insured claimant either at Date of Polky 01 .J! the date such claimant acquired an estale or interest insured by this policy or acquired the insured mortgage and not disclost~d ill writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting ill nu luss or damage to the insured claimant; (d) allaching or created subsequent to Date of Policy (except to the extent insuralll C' j, afforded herein as to any statutury lien for labor or material or to the extent insurance is afforded herein as to assessments I." street improvements under constructioll or completed at Date of Policy). 4. lJnenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent OWIH" uf the indebtedlle~s to comply with dPplicable "doing busine~s laws" of the state in which the lalld i~ situated. 5. Any claim, which arises out of tht' transae tiun creating lilt' interest of the mortgagee insured by Ihis policy, by reason of lilt' uperation of federal bankruptcy, state illsolvency, or simildr creditors' rights laws. AMERICAN lAND TITLE ASSOCIATION lOAN l'OI.lC'Y - (4-6-90) WITII A.LT.A. ENDORSEMENT I'OKMI COVEKAGE EXCl.lJSIONS FROM COVI:KAGE 1111' following mailers are expressly exduded from the coverage of Ihis policy and the Company will not pay loss or damage, I (l~h. allllllleys' fec~ or expense~ which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the charact('r, dimensions or location of any improvement now ur hereafter erected on the land; (iii) a separation in ownership or a change in llle' dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the eHcI I of viuldlion of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereuf or .I notice of a delecl, lien or encumbrance resulting from a violdtiun or alleged violation affecting the land has been recorded in t Il(~ public relords at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise therof or a notil (' of a dded, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the publi, records at Date of Policy. 2. Kights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nol excluding frum coverage any taking which has occurred priur to Date of Policy which would be binding on the rights of a purcha:>er for value without knowledge. J. Delecls, li(~ns, encumbrances, adver~e claims or other mailers: (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 disclosc~d in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polilY (I.) resulting in no loss or damage tu the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured morlgage over any staLutory lien for services, labor or material or the extent insurance is afforded herein as 10 assessments for street improvements under construction or completed at date of policy); or (e) resulting ill loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgag<'. ( Continued on next page) HG 3157-G (Rt~v 6-9-92) SCIII:I>UI.E 1 (Continued) -1. Uncnforceability of the lien of the insured n)()rt~a~I' because of the inability or failure of the insured at Date of Polky, or II. inability or failure of any subsequent owner of the indeutedness, to comply with applicable "doing business laws" of the state in Wi,li the land is situated. S. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction eviuellll' by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. h. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or matcridl over the lien of the insured mortgage) arising from an improvement ur work related to the land which is contracted for and comment I" subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgdg which at Date of Policy the insured has advalll:ed or is obligated to advance. 7. AllY claim, which arises out of the transactio/l neating the interest of the mortgagee insured by this policy, by reasun of tll operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMEIUCAN lAND TITtE ASSOCIATION RESIDENTIAL nru: INSURANCE POLICY - 1979 (REV 1987) EXCLUSIONS In <Jddition to the exceptions in Schedule 13, you are nut insured against loss, costs, allorneys' fees and expenses resulting from: '1. Governmental poli( I~ power, and tIll' existent e or violation of any law or government regulation. This includes building and zOllill ordinances and abo laws and regulatiuns concerning: land use improvenwnls on the land land division environmental protection This exclusion docs nol apply tu violations ur the enforcement of these mailers which appear in the public recurds at Pulicy Oatl' 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 uf exercising the right appears in the public records on the Policy Date. the taking hafJfJened prior to the Policy Date and is binding on yuu if you bought the land without knowing of the taking. J. litle Risks: that are created, allowed, or agreed to uy you that are knuwn to you, uut not to us, on the Policy Dale - unless they appeared in the public records. that result in no loss to you thai first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covert" Title Risks. 4. !'ailure to fJay value for your title. 5, lack of a right: to any land outside the area specifically described and referred tu in Item 3 of Schedule A or in streets, alleys, or waterways that lauch your land. This exclusion does Ilot limit the access coverage in Item 5 of Covered Title Risks. In dddition to the Exclusions, you are not insured against luss, costs, allorneys' fees, and expenses resulting from: I. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by making inCflllr\ of parties in possession of the land. 1.. Any lit~ns or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of covell" Title Risks. 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does nut limit II.. affirmative coverage in Item 12 of Covered Title Risks. 4. (a) Any water rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or exceptio" in patents or ill acts authorizing the issuance thereof. FIG 3157-11 (Rev 6-9-92) .' .ir .. -. Cui .. CALIFORNIA LAND TITLE COMPANY ofSanla Clara Counly .. ~ ~ A SlJb~idl.try uf Old Rt~pubhc Tille Insurance Group, Inc. .. .1..""0 .. . · 54()(, TIIORNWOOD DKIVI, SUITE 1()(). SAN JOSE, CA . 95123 . (4()8) 214-5544 ..... PRELIMINARY REPORT Issued for the sole use of: Our Order No. 356618-MC Mr. and Mrs. Villadsen 1117 Ashlock Court Campbell, California 95008 Reference When Replying Please Contact: Maureen Caddell (408) 224-5544 '., ":"1"010;10."- Property Address: 1785 Regina Way, Campbell, California In response to the above referenced application for a policy of title insurance, California land Title 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 Stipulatiuns of said policy forms. The printed Exr.eptions and F.xclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule I (continued.) attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed herehy. 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. Dated as of August 21st , 1992 ,at 7:30 A.M. The form of policy of title insurance contemplated by this report is: a CLTA Standard Coverage - 1990, Loan Policy. A specific request should be made if anothel form or additional coverage is desired. The estate or interest in the land hereinafter described or referred to covered by this Report is: a FEE. Title to said estate or interest at the date hereof is vested in: JOHN R. VILLADSEN and JANE E. VILLADSEN, husband and wife, as Joint Tenants Page~of~Pages U Ie J 1')j'.A CALIfORNIA lAND TITLE ORDER NO. 356618-MC The 1,lIId refen cd to ill thi~ I{eport is ~ituated in the Coullty of State of California, and i~ de~cribed as follows: Santa Clara, City of Campbell, BEGINNING at a 3/4 inch pipe in the Northerly line of that 60 foot strip of land conveyed by Fred H. Smith et ux, to the County of Santa Clara, as recorded on . July 30, 1947 in Book 1444 of Official Records, page 574, Records of Santa Clara County, California, distant thereon North 760 45' East 279.58 feet from the .~ Southwest corner of that certain one acre tract of land conveyed by Harvey A. Siel et ux, to David Swan, et ux, as recorded on August 18, 1947 in Book 1496 of Official Records, page 219, and running thence along the Northerly line of said 60 foot strip of land, North 760 45' East 80.00 feet to a 3/4 inch pipe1 thence parallel with the Westerly line of said one acre tract of land, North 150 56' West 242.58 feet to a 3/4 inch pipe in the Easterly prolongation of the Northerly line of said one acre tract of land: thence along said Easterly prolongation South 760 45' West 80.00 feet to a 3/4 inch pipe; thence South 150 56' East 242.58 feet to the place of beginning, and situated in the Rancho Rinconada de Los Gatas, Santa Clara, California. '.r"".:.. . ., "0' Il~ 403-12-007 10023 TD/AV/mr M03-12-7 11-20-91 Pdge~of~Pdges CITe J 1~7.C CALIFORNIA lAND TITLE .".,,"f~~' ORDER NO. 356618-MC At the date hereof exceptions to coverage in addition to the Exceptions and Exclusions in said policy form would ue as follows: 1. Taxes, general and Special, for the fiscal year 1992 & 1993 a lien, but not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq., of the Revenue and Taxation Code of the State of Cal iforn ia. 3. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount Trustor/Borrower Trustee Beneficiary/Lender Dated Recorded $204,000.00 John R. Villadsen and Jane E. Villadsen, husband and wife N.A. Mortgage Services, Inc., a California corporation American Savings Bank November 5th, 1991 November 20th, 1991 in Book L936 of Official Records, Page 103 The note secured by the Deed of Trust shown above contains, among others, a provision for a Variable Interest Rate, which allows periodic adjustments in the interest rate. -------------------- Informational Notes -------------------- 1. Taxes, general and Special, for the fiscal year 1991 & 1992 as follows: Assessor's Parcel No. 1st Installment 2nd Installment Exemption : 403-12-007 Code No.: 10023 :$205.60 Marked Paid :$205.60 Marked Paid :$7,000.00 2. The last recorded instrument(s) conveying record title to the premises is/are: A deed executed by Wayne E. Hoffman, et ux to John R. Villadsen and Jane E. Villadsen, husband and wife, as Joint Tenants, recorded November 20th, 1991 in Book L936 of Official Records, Page 102 Re-recorded March 12, 1992 in Book M83 of Official Records, page 2227. The last conveyance affecting said land recorded within the last two years, prior to the date of this Report are: SEE ABOVE Pdge~of~Pages I CIIC 31<)7_1> . ... ...~ S Jl I~ Uf w~. ~ I '"" ~ .... :-. 0.... o~ _ ,101.'. _ _ m . r'O ~ I'" .. !l S! "0 .. . r .. -------- I::: . I 0 '" "I ~ =~--~~--~-! I I ~:~ I~ ;j I ~ -:_______ I ~ I I I i I CT. . "'.41 ". !.l~- - ~~ I~ ...- 1= 'lIl: ~: ... III .. ,.,... .' .'.11 , PeL. 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SCIII:DULE 1 CAUH)KNIA lAND rnu ASSOCIATION STANDAJ{D COVERAGE POLJ(.'Y - 1990 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, II.,,!', dttorneys' fees or expellses which arise by rcasoll of: I. (a) Any law, ordinance or governmcntal rt~gulation (ill< luding but not limited to building or zoning laws, ordinances, or re~ul...1 i.."" restl icling, regulating, prulribiting or reldting to (i) lire oCLupdnLY, use, or enjoymenl of the land; (ii) the Lhardcter, dillll '1Isi,,, , or Io<:ation of any improvement now or hereafter erected on the land; (iii) a sepdration in ownership or a change in the dimensions" or area of the land or any parcel of which the Idnd is or was a part; or (iv) environmental protection, or the effect of any violdtiol of these IdWS, ordinances or governmental regulatiuns, except to the extent thdt a notice of enforcement thereof or a notice 01 , defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public rcuHd, at Date of Policy. (b) Any governmental police power not excluded by (a) dbove, except to the extent that a notice of the exercise thereof or a notil I' ., a defect, lien or encumbram.e resulting from a violation or alleged violation affeLling the land has been recorded in lire pulJli, records at Date of Policy. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but no excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser 10 value without knowledge. Defects, liens, encumbrances, adverse claims or other matters: (<I) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the inslIIl'/ claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and no disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insuredunder:.:~hi, policy. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Ddte 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 mortgagl' .. for the estate or interest insured by this policy. lJnenforceability of the lien of the insured mortgdge because of the inability or failure of the insured at Date of Policy, ur II.. inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the stale in whi, I the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced IJ) the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transactiol creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditol s rights laws. ...,:... -.-..~}~- 1.. 3. 4. 5. b. In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessment' 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 h) the records of such agency or by the public records. '1.. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection .) the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are 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 di:.dosl~ and which are not shown by the publiL 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 mailers excepted under (a), (b) or (c) are shown by the public reuHlh AMERICAN LAND TlTl.E ASSOCIATION OWNER'S POLICY FORM 8 - 10-21-87 (REV 4-6-90) SCt JEDULE OF EXCLUSIONS FROM COVERAGE 'I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, I" regulations) restricting, regulating, prohibiting or relating to (i) the, occupancy, use, or enjoyment of the land; (ii) the charauc'r dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in till dimensions or area of the land or any parcel of which the land is or was a par~; or (iv) environmental protection, or the effect of ,III) violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof 01 . notice of a defect, lien or encumbrance resultii1g from a violation or alleged violation affecting the land has been recorded in tll( public records at Date of Policy. (b) Any governmental police power nut excluded by (a) above, except to the extent that a notice of the exercise thereof or a noli. C defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records J Date of Policy. '1.. Rights of eminent domain unless noti. e of the eXI~n:ise thereof has been recorded in the public records at Date of I'olil y, hut III Ii excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a pun.hascr I," value without knowledge. He 3157-F (Rc'v ".IJ-Q1) ( Continued on next page) SCIIEDUI.E 1 (Continued) I. Ddecls, liens, encumbrances, adve,st' t.Iai.ns, or olher mailers (a) crealed, suffered, assumed or agreed to by Ihe insllll.d . Idi'l"" ,I (b) nol known to the Company and not shown by the public records but known to the insured c1aimanl either at Date of Polit y or <II II" I' lhe date such claimant a( (Jlti,,'d .In estdte or interest insured by this polky and not disclosed in writing by the insured c1aillldll to the Company prior to the dale sud) insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insufC"' claimant; (d) attaching or created subse4uent to Date of Policy; or (e) resulting in loss or damage which would not have been sustailll'( if the insured claimant had paid value for Ihe estate or inlerest insured hy this policy. -to Any claim, which arises out of the trilnsadilln vesting in the insured the estate or interest insured by this policy, by reason of III< operation of federal bankruptcy, stilte insolvency, or similar creditors' rights laws. AMERICAN lAND TinE ASSOCIATION LOAN POLICY - 1970 (Rev. 4-6-90) wrn I A.LT A. ENDORSEMENT FORM 1 COVERAGE SCIIEDULE Of EXCl.USIONS FROM COVERAGE Iht~ full owing mailers are expressly exduded from the coverage uf this policy: '~S,:,,*:;'.h~jr~~~ . 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or re~ulatill! or prohibiting the occ:upancy, use or enjoyment of land, or regulating the character, dimensions or location of any improvement now 01 hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or II.. effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domdin or governmental rights of police power unless notice of the exercise of such rights appears in the (lubli, records at Date of Policy. 3. Defecls, liens, encumbrances, adverse daims, or other mailers (a) created, suffered, assumed or agreed to by the insured daim..III1 (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or .11 the date such claimant aC4uired an estate or interest insured by this policy or aC4uired the insured mortgage and not disclosed ~I writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting il no loss or damage to the insured c1aimdnt; (d) allaching or created subsequent to Date of Policy (except to the extent insurant (" i, afforded herein as to any statutory lien for Idbur or material or to the extent insurilnce is afforded herein as to assessments 1.1I street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent own," of the indebtedness to cUlIllJly with applicable "doing business laws" of the state in which the land is situated. 5. Any claim, which arises out of the trdnsaction creating the interest of the mortgagee insured by this policy, by reason of till operalion of federal bankruptcy, state insulwnq', or similar creditors' rights laws. AMERICAN lAND TITLE ASSOCIATION LOAN POLICY - (4-6-90) WITH A.LTA. ENDORSEMENT fORM 1 COVERAGE EXCUJSIONS FROM COVERAGE TI.e following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs allorneys' fees or expenses which arise by reasun of: 1. (a) Any law, ordinance or governmental regulalion (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the chara<:lt" dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in tilt' dimensions or area of the land or any parcel uf which the land is or was a part; or (iv) environmental protection, or the ettccl III violation of thcse laws, ordinances tlI governlllental regulations, except tu the exlent that a notice of the enforcement thereof (., oJ notice of a defect, lien or encumbranu, resulting from a violation or alleged violation affecting the land has been recorded in III(' public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, excepl to the extent that a notice of the exercise therof or a notice III a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the puhli. records at Date uf Policy. '2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nlll excluding from cuverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchds(', for value without knowledge. 3. Defects, liens, encumbrances, adverse daims or other matters: (a) created, suffered, assumed or i1greed to by the insured claimant; (b) not known to the Company, not recorded in the publit: records at Date of Policy, but known to the insured claimant and not disdo:>(.d in writing to the Company by the insured claimant prior 10 Ihe date the insured claimant became an insured under this poli. y. (c) resulting in no loss or damage to the insured claimant; (d) allad1ing or ueated subsequent to Date of Policy (except to the exlent'thal this policy insures the priority of the lien of lilt, insured mortgage over any statutory lien tur services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or compleled at dale 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 lllortgdgt. ( Continued on next page) He :I 1'i7 -G (Rev 6-9-9'2) sellEDUI.1: 1 (Continued) -I. lJhenforceauility of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or 110, " ,nability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business laws" of the state in wlli. I the land is situated. 5. Invalidity or unenfurceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenc C't. by the insured mortgage and is bdsed upun usury or any consumer credit protection or truth in lending law. h. Any statutory lien for services, labor or materials (or claim of priority of any statutory lien for services, labor or materi..', over Ihe lien of the insured mortgage) arising from an impruvement or work related to the land which is contracted for and commenc c.,! subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgag. which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of lhe mortgagee insured by this policy, by reason of till operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. AMERICAN lAND TllI.1: ASSOCIATION RESIDENTIAl. TInE INSURANCE POUCY - 1979 (REV 1987) EXCLUSIONS In addition to the exceptions in Schedule 13, 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 LOllillg ordinances and abo laws and regulations concerning: land use improvenwnls on the land ",,*z;;.,c' 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 I>dl... This exclusion does not limit the zoning coverage described in Items 12 and n of Covered Title Risks. 2. The right to take the land uy condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date. the taking happened prior 10 the Policy Date and is binding on you if you bought the land without knowing of Ihe 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 materidl lien coverage in Item 8 of Covc/('ci Title Risks. 4. I'ailure to pay value for your litle. 5. lack of a right: to any land outside the area specifically describeu and referred to in Item 3 of Schedule A or in streets, alleys, or waterways that touch your Idlld. This exclusion doc!. not limit the access coverage in Item 5 of Covered Title Risks. In addition to the Exclusions, you are not insured against loss, costs, alllJlllcys' fees, and expenses resulting from: '1. Any facts, rights, interests or claims which arc not shown by the Public Records but which could be ascertained by making inqllil} of parties in possession of the land. 2. Any liens or easements not shown by the Public Records. However, this does not limit the affirmative coverage in Item 8 of (,(IV(.,..<I Title Risks. . 3. Any facts about the land not shown by the Public Records which a correct survey would disclose. However, this does notlilllil II... affirmative coverage in Item 12 of Covered Title Risks. 4. (a) Any waler rights or claims or title to water in or under the land; (b) unpatented mining claims; (c) reservations or eX(;epti"ll~ in patents or in acts authorizing the issuance thereof. He 3157-1 I (R(!v 6-9-92)