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Barrow, James R. and Marjorie A. ... RpCOR[}JNG REQUESTED 'BY~. /1 JJ d'3:-~~fl ~ 4 p~ GE T 840 ... . CHICAGO TITLE COMPANY ti/11 _ .J 7:1- AND WHEN RECORDED MAIL I /dd.3 12789764 ~ity Clerk, City of Gilroy 7351 Rosanna Street Gilroy, California 95020 L ~ REC FEE RMF MICRO RTCF U.EN SMPF Te peOR Recorded at the request of Chicago Title Insurance Company JAN 3 1 1995 8:00 AM Brenda Davis, Recorder SANTA CLARA COUNTY. OFFICIAL RECORDS Escrow No. 735429 Order No. 735429 - JIJ - RLR (,--v'l-- SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECIARE(S) DOCUMENTARY TRANSFER TAX IS $ 0 . 00 D unincorporated area lXI City of G i 1 roy IX] computed on the full value of the interest or property conveyed, or is D computed on the full value less the value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, James R. Barrow and Marjorie A. Barrow, or their successor trustees under Trust Agreement dated July 21, 1977, as amended with power of sale hereby GRANT(S) to THE CITY OF GILROY, A MUNICIPAL CORPORATION the following described real property in the City of Gilroy County of SANTA CLARA , State of California: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE DEED ACCEPTANCE IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE Dated August 17, 1994 ,J;J '(i~~ STATE OF CALIFORNIA COUN Y OF On Trustee personally n wn to me or proved to me on he basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and aCKnowledged to me that he/she/they executed the same in hiS/her/their autho' ed capacity(ies), and that by his/her/their signature(s) on the in ment (s), or the entity upon behalf of which the person(s cted,'executed the in rument. ,/ .'~~' Sharel A1 '.,~ IV . Zankich ~'NOT C,O /TIm. tl071303 ~ ,';' ~.~; P,usuc CAUFORNIAG) , M .,,-., I .\,P' TEa COUNTY () Y Comm EXPires Aug 21. 19~ FOR NOTARY SEAL OR STAMP FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City, State & Zip GD1-08/07/94bk ...........:.. .' ... - . N 744 pn GE lS 4 r EXHIBIT A PARCEL ONE: Beginning at an iron pipe marking the point of intersection of the northerly line of Leavesley Road with the westerly line of Forest Street shown as a "Road and Utilities Right of Way" on that certain map of a Record of Survey for BE GE Manufacturing Company, recorded in Book 245 of Maps at Page 4 therein, Santa Clara County records, being also the southeasterly corner of that certain parcel of land entitled "Gilroy Cooperative Dryer" as shown on said mapj Thence along said northerly line of Leavesley Road S 64 40'W 29.01 feetj Thence at right angles N 25 20'W, 1.50 feetj Thence along the arc of a 40 foot radius curve to the left from a tangent bearing of N 64 40'E, through a central angle of 48 07'47" an arc distance of 33.60 feet to the point of intersection with said westerly line of Forest Streetj thence along said westerly line S 22 20'E, 14.82 feet to the point of beginning and containing 161 square feet of land more or less. PARCEL TWO: Temporary Construction Easement: A 25 foot wide temporary construction easement adjacent to the above described street right of way. Said construction easement to remain in force until the street improvements are completed and accepted by the City of Gilroy. 6/22/93 835-01-022 Asst 21 WH/hb N11;r+PAGET842 DEED ACCEPTANCE BY CITY OF GILROY THIS IS TO CERTIFY THAT THE INTEREST IN REAL PROPERTY CONVEYED BY THE DEED DATED f( - / 1 - qtf FRO~ f-.t /' r () '---U TO THE CITY OF GILROY, A MUNICIPAL CORPORATION, IS HEREBY ACCEPTED BY THIS UNDERSIGNED OFFICER ON BEHALF OF THE CITY OF GILROY UNDER AUTHORITY CONFERRED BY RESOLUTION OF THE GILROY CITY COUNCIL ADOPTED ON DECEMBER 6, 1993, AND THE G ECORDATION OF THE DEED BY ITS DULY AUTHORIZED OFF I DA~31'tS ~~. " '.. '~l. . ...."" 1> "t" .. N llil+ PA GE if 81+3 - GARCIA;:.~~~ HENRY, INC. /, CIVIL ENGINEERS 7423 MONTEREY'STREET GILROY. CALIFORNIA PHONE: (4081 847-3151515 [STAEET: I CLIENT: ~ iJlf.~, ".,".: ~". ~" . : F=Dfl Ehl 51: , ,'. , .' glf',OO }) ::'~'3S~OI-2Z ---~, \\\ I DAn, .." HO,_ '" I u e.goU)'\IJ , R::40,Ol> A -:: 4 eoo1'4 l' L 'C ~~.(PD' '. f,6' CO)JGTWc1 ", , I, EAE>>ft-1e.Jr JJ 2. '!J ~ uJvJ. ;...../ I,~O' -t).. J2..0 ,\1.1. t?e.'fAia- " ,~ . '2/)' u.\.. ~ \ -::l. ~ ~ ~ \tl -. ---- - - -,- - ~\- AMENDEDSCHEDULE A Your Ref: POLICY NO. 735429 JCN Premium: $300.00 Amount ofInsurance: $483.00 Date of Policy: January 31, 1995 at 8: 00 A. M. 1. Name of Insured: The City of Gilroy, A Municipal Corporation 2. The estate or interest in the land which is covered by this policy is: A Fee as to Parcel One, and Easement as to Parcel Two 3. Title to the estate or interest in the land is vested in: The City of Gilroy, A Municipal Corporation 4. The land referred to in this policy is situated in the State of California, County of SANTA CLARA and is described as follows: SEE ATTACHED DESCRIPTION This Policy valid only if Schedule B is attached. AL T AOPA-Q2/11/92-Jrc Policy No. Page 1. 735429 - JCN DESCRIPTION Parcel One Beginning at an iron pipe marking the Point of Intersection of the Northerly line of Leavesley Road with the Westerly line of Forest Street shown as a Road and Utilities Right-of-Way on that certain Map of a Record of Survey for BE GE Manufacturing Company, recorded in Book 245 of Maps at Page 4 therein, Santa Clara County Records, being also the Southeasterly corner of that certain Parcel of Land entitled Gilroy Cooperative Dryer as shown on said Map; Thence along said Northerly line of Leavesley Road S 64 deg 40' W 29.01 feet; Thence at right angles N 25 deg 20' W 1.50 feet; Thence along the arc of a 40 foot radius curve to the left from a tangent bearing of N 64 40' E, through a central angle of 48 07' 47", an arc distance of 33.60 feet to the Point of Intersection with said Westerly line of Forest Street; thence along said Westerly line S 22 20' E, 14.82 feet to the Point of Beginning and containing 161 square feet of land more or less. Parcel Two Temporary Construction Easement: A 25 foot wide temporary construction easement adjacent to the above described street Right-of-Way. Said construction easement to remain in force until the street improvements are completed and accepted by the City of Gilroy. SCHEDULE B Y mlr Ref: POLICY NO. 735429 JCN EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Diagram Assessment collected with County Taxes under Act of 1915 as follows: Designation: Diagram Assessment No. 21 Project No. North Forest Street Assessment District Bond Series No. None Shown Orginal Amount Prior to Bond: $ No amounts available plus interest and cost, if any No Amounts are available at this time-check again before closing 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue and Taxation Code of the State of California. 3. An Agreement to Construct Land Development Improvements, upon the terms, covenants and conditions therein imposed which shall be binding upon and inure to the benefit of the successors in interest, Executed By: Recorded: City of Gilory and J. Barrow December 29, 1993 in Book N224 at Page 1483 of Official Records 4. Any facts, rights, interest or claims which a correct survey would show. 5. Any adverse claim based upon controversy over the date of actual termination of the Temporary Easement referred to as Parcel Two of Schedule "A". 6. Consequences of the fact that the location of the Easement shown as Parcel Two of Schedule "A" cannot be located with certainty. JNjcg 'I-'~ -U~/ll/~~-lrc .. 3: 0 ~ Z r- " -i ;" t .. 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().Ig 01" B t . @ CHICAGO lIT E INSURANCE COMI )NY I, Issuing Title Office: 110 West Taylor Street San Jose, California 95110 (408)292-4212 Escrow Office: 7881 Church Street #D Gilroy, California 95020 (408) 842-8211 Escrow Officer: Jan Wallace CTI Escrow - Jan Wallace 7881 Church Street, #D Gilroy, California 95020 Your Ref: Order No: 000735429 -RLR Property: 835-01-22 Gilroy, California 95020 AMENDED REPORT, dated as of January 18, 1994 at 7: 30 A.M. In response to the above referenced application for a policy of title insurance, CHICAGO TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms shouldbe 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 HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: Standard Coverage Extended Coverage California Land Title Association Standard Coverage Policy o D D D D D Othe" {2JJ ~~ D D D D American Land Title Association Owner's Policy A.L.T.A. Residential Title Insurance Policy American Land Title Association Loan Policy L Rollins PREC1 FPA 8j29j91,CEL ) SCHEDULE A Order No: 735429 RLR Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A fee as to Parcel One, Two, Three and Four and as easement as to Parcel Five 2. Title to said estate or interest at the date hereof is vested in: James R. Barrow and Marjorie A. Barrow, or their successor(s) Trustee(s) under Trust Agreement dated July 21, 1977, as amended with power of sale. 3. The land referred to in this report is situated in the State of California, County of SANTA CLARA and is described as follows: See Legal Description attached hereto and made a part hereof. PRElIMA-9/27/93bk DESCRIPTION Page 1 Order No. 735429 RLR All that certain Real Property in the City of Gilroy, County of Santa Clara, State of California, described as follows: PARCEL ONE: Portion of Sub Lots Two and Three as shown upon Map No. 8 accompanying report of the commissioners in Henry Miller et al, Plaintiffs vs. Massey Thomas, et al defendants in the Superior Court of the State of California in and for the County of Santa Clara, Case No. 5536 and more particularly described as follows: Beginning at a 2" X 3" stake at the Northwesterly line of Leavesley Road, from which the most Southerly corner of that certain 20 acre tract of land described in deed from Walter G. Fitzgerald, as executor of the estate of Melissa A. Morey, deceased, to H. S. Hersman, dated November 28, 1928 and recorded December 3, 1928 in Book 439 of Official Records, page 45, bears South 640 40' West 20.03 feet; thence along the Northwesterly line of Leavesley Road, North 640 40' East 250.20 feet to a 2" X 3" stake from which the Southeasterly corner of said 20 acre tract bears North 640 40' East 300 feet; thence North 220 20' West 198 feet to the Easternmost corner of that certain Parcel of land described in the deed from Albert G. Gurries et ux, to John H. Wentworth, et ux, dated December 11, 1941, recorded December 22, 1941 in Book 1070 of Official Records, page 450; thence along the Southeasterly line of said Parcel of land described in the deed to John H. Wentworth et ux, South 640 40' West 250.20 feet to the center line of a 40 foot right of way hereinafter described; thence along the center line of said 40 foot right of way South 220 20' East 198 feet to the point of beginning. PARCEL '!WO: Beginning at a 4" X 4" stake marked M-M standing on the Northerly line of the Leavesley Road at the Southeasterly corner of that certain 20 acre tract of land deed to H. S. Hersman by the heirs of Melissa A. Morey by deed dated November 28, 1928 and recorded in Book 439 of Official Records page 45 in the Office of the County Recorder of the County of Santa Clara, State of California; and running thence along the Northerly line of Leavesley Road South 640 37' West 300 feet; thence parallel to the Easterly line of said 20 acre tract North 220 20' West 318.00 feet to the most Southerly corner of that certain parcel of land conveyed by Gilroy Co-Operative Dryer to be Ge Manufacturing Company, a Corporation, by deed dated May 3, 1952 and recorded May 9, 1952 in Book 2416 of Official Records, page 414; thence along the Southeasterly line of said parcel North 640 37' East 300 feet to the most Easterly corner thereof, at a point in the Northeasterly boundary line of the said 20 acre tract of land so deeded to Hersman, hereinabove referred to; thence along said Northeasterly line South 220 20' East 318 feet to the point of beginning, and being a portion of sub Lot 2 as shown upon Map No. 8 accompanying report of the commissioners in Henry Miller et al, Plaintiffs vs. Massey Thomas, et al, defendants in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 5536 protion of sub Lots 2 and 3 as shown upon Map No. 8 accompanying report of the commissioners in Henry Miller, et al, plaintiffs vs. Massey Thomas, et al, defendants, in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 5536, and portion of Ranch Lot 34, as shown upon Map No. 7 accompanying report of the commissioners in Henry Miller et al, plaintiffs vs. Massey Thomas, et al, defendants in the Superior Court of the State of California, in and for the County of Santa Clara, Case No. 5536 and more particularly described as follows: ) DESCRIPTION Page 2 Order No. 735429 RLR Beginning at a point in the centerline of a 40 foot right of way on the Southwesterly line of that certain 2.92 acre tract of land described in the deed from H. S. Hersman, unmarried to Henry Cronshaw, et ux, dated July 26, 1929 and recorded August 13, 1929 in Book 477 of Official Records, page 144, records of Santa Clara County, distant thereon North 220 20' West 228 feet from the point of intersection of the direct Southeasterly prolongation of said center line of said 40 foot right of way with the center line of Leavesley Road, Easterly North 640 40' East 381.82 feet from the center line of plug at the intersection of the center line of Leavesley Road with the center line of Monterey Road and said point intersection of the center line of the aforementioned right of way with the center line of Leavesley Road, distant along said center line of Leavesley Road, Westerly South 640 40' West 550.20 feet from the brass plug in the intersection of the center line of Leavesley Road with the prolongation Southeasterly of the Southwesterly line of subdivision of the Southerly portion of Las Animas Ranch Lot No. 34 and Sub Lot No.2, a Map of said subdivision being filed in volume M of Maps, page 79, et. seq. of the Official Records of the County of Santa Clara, and said brass plug being distant Southeasterly along said prolongation South 22" 20' East 30.00 feet from the 3" X 4" stake standing in the Southerly corner of Lot No. 10 of the aforementioned subdivision and in the Easterly corner of that certain 20 acre paracel of land desribed in the deed granted by Walter G. Gitzgerald as executor of the estate of Melissa A. Morey, deceased, to H. S. Hersman, dated November 28, 1928 and recorded December 3, 1928 in Book 439 of Official Records, page 45, Santa Clara County Records; thence along said center line of said 40 foot right of way North 220 20' West 110.00 feet; thence North 640 40' East 250.50 feet to the Northeast.erly line of the tract of land described in the deed from H. S. Hersman, unmarried to Henry Cronshaw, et ux, dated July 26, 1929 and recorded August 13, 1929 in the Office of the County Recorder of Santa Clara County in Book 477 of Official Records; page 144; thence along the said Northeasterly line of the aforementioned parcel of land described in the said deed to Henry Cronshaw, et ux, South 220 20' East 110.00 feet; thence South 640 40' West 250.20 feet to the point of beginning. PARCEL FOUR Beginning at an iron pipe at the Westernmost corner of that certain Parcel of land described in the deed from Be-Ge manufacturing Co., a Corporation, to Gilroy Co-Operative Dryer, a Corporation, dated May 3, 1952 and recorded May 9, 1952 in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 2416 of Official Records, at page 412; running thence North 640 40' East 250.20 feet along the Northwesterly line of the land so described in the deed to the said Gilroy Co-Operative Dryer, a Corporation, to an iron pipe at the Northermost corner thereof; thence North 220 20' West 10.00 feet to an iron pipe at the Southernmost corner of that certain parcel of land described in the deed from Gilroy Co-Operative Dryer, a Corporation, to Be-Ge Manufacturing Co., a Corporation, dated May 3, 1952 recorded May 9, 1952 in the Office of the County Recorded of Santa Clara County, in Book 2416 of Official Records, at page 414, thence South 640 40' West 250.20 feet to the center line of a 40.00 foot right of way, and thence South 220 20' EaFt 10.00 feet to the point of beginnig. PARCEL FIVE: A right of way 40 feet in width, the center line of which is described as follows: ') DESCRIPTION Page 3 Order No. 735429 RLR Beginning at a 2" X 3" stake standing in the Northwesterly line of Leavesley Road, from wich stake the most Southerly corner of the 20 acre tract of land described in the deed from Walter G. Fitzgerald, as exector of the estate of Melissa A. Morey, deceased, to H. S. Hersman, dated November 28, 1928, recorded December 3, 1928 in Book 439 of Official Records, page 45, Santa Clara County Records, bears South 640 37' West 20.03 feet; thence North 220 20' West 508.92 feet. Excepting therefrom all that portion lying within the bounds of the above Parcel's One, Three and Four. SCHEDULE B Page 1 Order No: 735429 RLR Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. Diagram Assessment collected with County Taxes under Act of 1915 as follows: Designation: Diagram Assessment No. 21 Project No. North Forest Street Assessment District Bond Series No. None Shown Orginal Amount Prior to Bond: $ No amounts available plus interest and cost, if any No Amounts are available at this time-check again before closing 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, (commencing with Section 75) of the Revenue nd Taxation Code of the State of California. An easement affecting the portion of said land and for the purposes stated he ein, and incidental purposes, In Favor Of: For: Recorded: rtado s and Egress June 11, 19 467 at Page 329 Official Records Southwesterly 20 feet of Parcel One, Three and Four An easement affecting the portion of said tated herein, and incidental purposes, Favor Of: Y 476 at Page 165 Official Records Southwesterly 20 feet 5. An easement affecting the portion of said land and for the purposes stated herein, and incidental purposes, In Favor Of: For: Recorded: Albert G. Gurries, et al Ingress and Egress 22, 1945 in Book 1 Records Southwes y 20 feet of Four Affects: PRELlMB,8/7/91,lrc ') Order No: 735429 RLR SCHEDULE B ( continued) Your Ref: \ Page 2 6. A Deed of Trust to secure an indebtedness of the amount stated herein, and any other obligations secured thereby Dated: Amount: Trustor: Instrument No. : Return Address: Loan No. : March 5, 1991 $1,100,000.00 James R. Barrow and Marjorie A. Barrow or their successor(s) trustee(s} under trust agreement dated July 21, 1977, as amended with power of sale Golden Bay Title Company Sumitomo Bank of California, a California Banking Corporation March 8, 1991 in Book L637 at Page 2225 of Official Records 10828531 84 West Santa Clara Street, San Jose, CA 95113 None Shown Trustee: Beneficiary: Recorded: An Assignment of Rents, as additional security for the payment of the indebtedness secured by the Deed of Trust insured herein, which assignment was Recorded: James R. Barrow and Marjorie A. Barrow or their successor(s} trustee(s) under trust agreement dated July 21, 1977, as amended with power of sale The Sumitomo Bank of California, a State Banking Corporation March 8, 1991 in Book L637 at Page 2231 of Official Records Leases issues and profits of every kind whatsoever Executed By: To: And Includes: 7. The terms and provisions of that certain Trust Agreement under which the vestee holds title, and the requirement that this office be furnished with: a.) complete copy of the executed Trust Agreement, together with all amendments thereto j and b.) signed Certification Statement reflecting the current status of said trust, prior to the issuance of any Title Insurance, and any exceptions that may be disclosed thereby. PREUMBC'9/23/93bk Page 3 SCHEDULE B ( continued) Order No: 735429 RLR Your Ref: 8. An Agreement to Construct Land Development Improvements, upon the terms, covenants and conditions therein imposed which shall be binding upon and inure to the benefit of the successors in interest, Executed By: Recorded: City of Gilory and J. Barrow December 29, 1993 in Book N224 at Page 1483 of Official Records 9. Water Rights, Claims or Title to Water, whether or not the matters are shown by the public record. 10. Rights of parties in possession of said land by reason of unrecorded leases, if any. 11. Any easements not disclosed by those public records which impart constructive notice which are not visible and apparent from an inspection of the surface of said land. 12. Any facts, rights, interest or claims which a correct survey would 'show. END OF SCHEDULE B NOTE 1 Title of the vestee herein was acquired by deed recorded prior to six months from the date hereof. NOTE 2: Effective March 1, 1979, there will be an additional $10.00 fee for recording a deed with a legal description other than an entire lot in a recorded final map. If there are any questions, please call your escrow officer or title officer. NOTE 3 Short Term Rate NOTE 4 For Informational Purposes, the General and Special Taxes and Assessments, if any, for the fiscal year 1993-1994 Assessment No.: Code No.: First Installment: Second Installment: Assessment Valuation Personal Property: Homeowner Exemption: 835-01-022 02-000 $8,799.45 PAID $8,799.45 PAID Of NONE $None Shown KF/ef SG/ ef (Suppl) PRELlMBC'9/23/93bk ) "I '~"",' , "~ If AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The follOWing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, anorneys' fees or expenses wn,ch arrse :Jv reason of' \a) Any law, ordinance or governmental regulation (Including but not limited to bUilding and zoning laws, ordinances, or regulatIOns) restrrctlng. regulating, prohlbltrng or relating to (I) the occupancy, use, or enjoyment of the land: (II) the character, dimenSions or !ocatlon of any improvement now or hereafter erectea on the land: (III) a separation In Ownership or a change In the dimenSions or area of the land or any parcel of whICh the land IS or was a part. or "VI environmental protection, or the effect of any vIolation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulllng from a Violation or alleged VIolation affectrng rhe 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 notice of a defect. lien or encumbrance resulting from a Violation or alleged Violation affecllr~ ''1e land has been recorded In the public records at Date of Policy, 2 Rights of eminent domaIn unless notice of the exercise thereof has been recorded In the pUblic records at Date of PoliCy, but not eXCluding from coverage any taking which has occurred prror to Date of Policy whicr, would be binding on the rights of a purchaser for value Without knowledge, 3, Defects. liens. encumbrances. adverse claims or other maners: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclOSed in writing to the Compa'ny by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or Interest insured by thiS policy, 4, Any claim, which anses out of the transaction vesting In the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy. state insolvency. or similar creditors' rights laws, that is based on: (I) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (il) the transacliOn creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to a purChaser for value or a judgment or lien creditor. .~ The above policy forms may be laauec:l to afford elther Standard Coverage or Extendec:l Cover.ge. In addition to the above Exclusions from Coverage, the Exceptions from CoV8nlge in a Standard Cov8nlge policy will also Include the following General exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. PrOCeedings by a public agency which may result in taxes or assessments. or notices of such proceedinga, whether or not shown by the records of such agency or by the public records. 2. Any facts. rights, interests or claims which are not shown by the public records but which coulc:l be ascertained by an inspection of the land or by makino inquiry of persons in possession thereof. 3. Easements. liens or encumDranc:ea, or claims thereof. which are not shown by the public records. 4, Discrepancies. contln in boundary lines. shortage in area. encroachments. or any other facts which a correct survey woulc:l disclose. and which are not shown by the public r8COfda, , 5. (a) Unpatented mining c:taima; (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 matf8ra excepted under (a), (b) or (c) are shown by the public records. Ib) 2 3, (a) (b) (C) (d) (e) 4, S. 6. LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY _ 1990 EXCLUSIONS FROM COVERAGE The 'Ollowlng "1anerS a'e ~';lresSly exclL;ced 'rom the coverage of thIS poliCY and the Company wIll not pay loss or damage, costs, attorneys" fees or expenses whlcn anse ::Jy reason of' 1 la, Any law, ordinance or gover'l"'ental regulation (including but not limited to bUilding and zonIng laws, ordinances, or regulations) resttlctlng. regulating, prOhIO'I;ng or relaling 10 II) the occupancy, use, or enjoyment of the land: (II) the Character, dimenSions or location of any improvement now or hereafter erected on the land: (III) a separatIon In ownerShip or a change In the dimensions or area of the land or any parcel of which the land IS or was a part: or flV) environmental protection, or the eHect of any VIolation 01 these laws. ordinances or governmental regulatIons. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resultIng from a VIOlation or alleged Violation affecting the land has been reCOrded In the public records at Date of Policy, Any governmental police pOwer not excluded by (a) above, exce~: :~ I. ,e extent that a notIce of the exerCise thereof or a notice of a defect. hen or encumbrance resulting from a Violation or alleged Violation aHectlng the land has been recorded In the pUbhc records at Date of Pohcy, Rights of eminent domain unless notice of the exerCise thereof has been recorded in the pubhc records at Date of Policy, but not eXCluding Irom coverage any taking which has occurred prior to Date 01 Pohcy which would be binding on the rights 01 a purChaser lor value Without knOWledge. Defects, hens. encumbrances, adverse claims or other matters: whether or not recorded in the pubhc records at Date 01 Policy. but created, suffered, aSsumed or agreed to by the insured claimant: not known to the Company. not recorded In the pUblic records at Date 01 Policy. but known to the insured claimant and not diSClOSed in writing to the Company by the Insured claimant prior to the date the insured cla,mant became an insured under this POlicy; resulting In no loss or damage to the Insured claimant; attaChIng or created SubSeQuent to Date of Pohcy; or resulting In loss or damage WhICh would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or Interest Insured by thIS policy, Unenforceablhty of the lien of the Insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subSeQuent owner of the Indebtedness, to COmply With applicable dOing business laws of the state In which the land is situated, Invalidity or unenforceabllity 01 the lien 01 the insured mortgage. or claim thereof. which arises out of the transaction evidenced by the inSUred mortgage and IS based upon usury or any consumer credit protection or truth-in-Iending law. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender. by reason of the operatIon of federal bankruptcy. state insolvency or SImilar creditors' rights laws. EXCEPTIONS FROM COVERAGE ThiS policy does not insure against loss or damage (and the Company WIll not pay costs. attorneys' fees or expenses) which arise by reason of: 1, Taxes or assessments which are not shown as existing liens by the records Of any taxIng authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessmenlS, or notIces of such proceedings. whether or not shown by the records of such agency or by the public records. 2. Any facts. rights. interests or claims which ate not shown by the pUblIC 'KordS but which could be ascertained by an inspection of the lana or which may be assertecl by persons in PN....ion thereof. 3. Easements. liens or enc:umbrancea. or c:Iaima ~f. which are not snown by the public records. 4, Discrepancies. conflicts in boundary lines. shortage in area. encroacnments, or any other facts which a correct survey would disclose. and which are not shown by the public rec:orde. 5. (a) Unpatentect mining claima; (b) ,...,.,ations or exceptions In patents or In Acts authorizing the issuance thereof; (c) water rights. claims or title to water. whether or not the mauer. excepted under (a). (b) or (c) are snown by the public recorda. Reorder Form No. 12599 (Rev, 2193) "'-'"'~'" '.:'" 'i ,",' ~... .~. ',' .. ;"";~~ '~""'N AMERICAN LAND TITlE ASSOCIATION LOAN POLICy (10-17-92) WITH AL TA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH AL T A ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following marters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, anorneys' fees or expenses which anse by reason of: 1 (a) Any law, ordinance or governmental regulation (including but not limited to bUilding and zoning laws. ordinances, or regulations) restriCting, regulating, prOhlOltlng or relating to (,) the occupancy, use, or enjoyment of the land; (ii) the character. dimenSions or lOCation of any Improvement now or hereafter erected on the land; (ill) a separat,on In ownership or a change ,n the dimenSions or area of the land or any parcel of WhICh the land IS or was a part; or (IV) environmental prOtection, or the effect of any violation of these laws, ordinances or governmental regulations. except 10 the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a Violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, exce;:-..... the extent that a notice of the exerCise thereof or a notice of a defect, lien or encumbrance resulting from a viola lion or alleged violation affecling the land has been recorded In the public records at Date of Policy, 2, Rights of eminent domam unless notice of the exerCise thereof has been recorded In the public records at Date of POlicy, but not eXChJding from coverage any taking which has OCcurred prior to Date of Policy which would be binding on the rights of a purChaser for value Without knowledge. 3, Defects, liens. encumbrances. adverse claims or other maners: (a) created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of POlicy. but known to the insured claimant and not diSClosed in writing to the Company by the insured cllllimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) anaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the Insured mortgage over any statutory lien for services. labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Po/icy); or Ie) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of POlicy, or the inability or failure of any subsequent owner of the indebtedness, to COmply with applicable domg business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. S, Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services. labor or materials over tt)e lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Polley and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insUred has advanCed or is obligated to advance. 7, Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state inSOlvency, or similar creditors' rights laws, that IS based on: (i) .the transaction creating the interest of the insured mortgagee betng deemed a fraudulent COl'lVeyance or fraudUlent transfer; or (ii) the Subordination of the interest of the insured mortgagee as a result of the appIicaIion of the doctrine of equitable Subordination; or (iii) the transaction creating the interest of the insured mortgagee betng deemed a prefet..,llil/ transfer except where the preM,entiaI transfer reeuIIa from the failure: (a) to timely record the instrument of transfer: or (b) of such recordation to impart notice to purchaser tor value or a Judgment or lien creditor. The above policy forma may be '-'ed to afford ..... Standard ~ M Extended eov.r.g.. In IIddIIIon to the above Excluslone from Coveqp. the exceptio... from eov.r.g.ln.......... Coverage policy wilt ..~ Include the foIowllllg Qeneqj Ex~ This policy does not insure .-Ioea or damage (and the Company WIN not ~y costs. attorneya' fees or expenses) which arise by reason of: 1, Taxes or assessments which .. not shown .. existing liens by the records of any taxing authority that IevIea taxes or lIIMISments on real property or by the public records. Proceedings by a PUblic agency wtUc:h may ,...", in taxes or assessments, or notices of such plOChdItlgl. whether or not shown by the records of such agency or by the public records. 2. Any facts. rights. interests or clairrl8 which are not shown by the public records but which COUld be aac:ertained by M inspection of the land or by maklng inquiry of persons in possessjon thereof. 3. Easements, liens or encumbrances, or Claims thereof. which are not shown by the public recorda. 4. Discrepancies. conflicts in boundary Ii".., shortage in aru. encroachments. or any other facta wtUc:h a correct survey woutd disclose, and which are not shown by the public records. , 5. (a) Unpatented mining claims; (b) reservations or exceptions in ~tents or in Acts authorizing the iaauance ~f; (c) water rights. clairrl8 or title 10 water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records. EXCEPTIONS FROM COVERAGE i'" -:/, In addition to the except'ons ,n SChedule 8, you are nor Insured against loss, costs, attorney's fees and expenses resulting from: ThiS Includes bUilding and zoning AMERICAN lAND TiTlE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS 1 Governmental POlicy POwer and the eXistence or VIOlation of any law or government regulation, orClnances ana also laws and regulations concerning: . land use . Improvements on the land · land diVISion . enVironmental protection ThiS exclUSion does not apply to the ViOlations or the enforcement of these mallers which appear In the public records at POlicy Date, ThiS exclUSion does not limit the zoning coverage desCribed In Items 12 and 13 of Covered Tille Risks, 2 The "gnt to take the land by condemning It. unless: . a notice of exerCISing the right appears In the pUblic records on the POlicy Date . the taking happened prior to the POlicy Date and is binding on you If you bought the land Without knowing of the taking 3, Title Risks: · that are created, allOWed, or agreed to by you · that are known to you, but not to us, on the Policy Date - unless they appeared in the public records · that result in no loss to you · that first affect your title after the Policy Date. this does not limit the labor and material lien coverage in Item 8 of Covered Tille RiSks 4 Failure to pay value for your tlt/e, 5 Lack of a right: · to any land outSide the area specifically described and referred to in item 3 of Schedule A. or · In streets, alleys, or waterways that touch your land ThiS exclUSion does not/lmlt the access coverage In Item 5 of Covered Title Risks. In addition 10 the ExclUSIons. you are not insured against loss. costs, attorneYs' fees and expenses resulting from: EXCEPTIONS FROM COVERAGE 1, Someone claiming an Interest in your land by reason of: A. Easements not shown in the public records 8, Boundary diSputes not shown in the public records C, Improvements owned by your neighbor plaCed on your land 2, If, in addition to a single family residence. your eXisting structure consists of one or more Additional Dwelling Units, Item 12 01 Covered Title Risks does not insure you against loss. costs. attorneys' fees, and expenses resulting from: A. The forCed removal of any Additional Dwelling Umt. or, B. The forCed conversion of any Additional Dwelling Unit back to its original use, if said AdditioNl OweIling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation, r- 8"_- oC' ... ~IO or<> gco ~u ~~ 0.. ' .. ~ 0 "=0 :;~~ ~ ... 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