Hersman, H.S.
THIS IUDEIJTURE, Made this 5th day of March, in the year
of our Lord One Thousand lano Hundred and :3eventeen, Between
H. S. m~HSMA.N, of the County of :3anta Clata, State of California,
the part~, of the first part, and the CITY OF GILlWY, a 1.1"lU1icipal
Corporation, of the County of Santa Clara, State of California,
the party of the second part,
'iiITN~SSETH:
That the- said party of the first part, for and in
Consideration of the agreements, covenants and conditions
hereinafter contained on the part and 1)ehalf of tho said party -
of the second part to be kept and performed, d,oes hereby grant,
bargain, sell, convey and confirm unto the said party of the
second part, and its succossors, the following real property,
situate, in the City of Gilroy, County of Santa Clara, state of
California, bounded and described as follows:-
3cfirming at a point in the i:Jasterly line of lilonterey street
where the same is intersected by the SOl1therl~T line of Lot lio. 1
in Block 3 and 4 i;orth Hange 1 l:ast of the C i t;y of Gilroy, as
said Lot is shown on Hap 1Jo. 6 ancl its amendments, accompanying
.-
the report of the ,Ueferees in the partition sui t of Henry Liller
et al Vs. l,lassey j;homas et al in the ;:3"uperior Court of the
County of Santa Clara, state of California, and running thence
lJortherly and along the l::asterly line of Llontere;y Street, Eighteen
feet; thence ~asterly and. 11 t right angles to l:onterey Street,
One hundred sixty-nine feet to line of land of Southern iacific
11.ailroad Co.; thence Southerly rmd along the last LOT t Lned line,
Eighteen feet to the Southerly line of said Lot No.1,
,'thence __
'.7esterly and along the Southerly line of said Lot Ho. 1, Cno
.
Hundred sixty-nine feet to the place of beginning.
f " 1
.
1
.
The party of the second part in consideration thereof does
hereby agree that said premises shall be used for park purposes
and none other, and does hereby promise and, agree to cause sa,id
premises to be parked and planted to trees, shrubs, ornamental
plants and lawn and to cause said premises to be maintained at
all times hereafter as a park ancL in a well cared for, neat and
--.
orderly condition, and it is understood that if the party of the
second part should fail to cause said premises to be parked and
planted to trees, shrubs, ornamental plants and lawn, 'within one
year from date hereof, and should said premises at any time cease
to be kept in a well cared for, neat and orderly condition and
used for park purposes, then this grant shall terminate,and the
property hereby conveyed to the party of the second part shall
revert and be the property of the party of the first part, his ~_
heirs and assigns.
IN \IITilESS WH1!}RB01!', the prtrties hereto have hereunto caused
their names to be subscri bed the cla:'l and year herein first wri tten.
JiL'~~_
_.. - '-'_-~'_,._-_.__._...._-.,-_.,--~-------
.
State of California, ~
Ym::::o::.~::::. ::::.d .:~ b'~: :~,I~it!:~~~~..~o~.:~:
:~:~~~:~~ ":~~:~: ~1~::::~~;~~~~;;(2:7'~ ':o:~:':~"o, :~"O",l~~~~",~~: ~::: ~ ~:~~ ~~: _ _ :~~:: ~:::: ~ ~_::~
, ('\.l--~
-------------------------------------------------.------------------------------------------- ---..-------
known to me to be the person _u___described in, whose name~_._ subscribed
to, and who executed the annexed instrument, and _n henn acknowledged to me that
unhe_n_executed the sameu__n_n______n_n ____u__nnnnnn ______nnnnu__
.
'~co._~-
--:'J--
'....
.:;,'
<.t..f
~
:'-~,
',it
.
A
p::j
r-=l
A
../ "i' .t!'-
~
~
F4
('j)
p:,
r"::j
&:
.
0)
.
;Il
o
(-I
.
:>-i
o
~
H
Cl
P:t
o
:>-i
8
H
o
-....;~""~
.
.
t:-
rl
())
rl
~)
~
1
..
r~
roo,
j-L{
[-I ...
~.
A
2Qj i,
O,:!: i, "I
-~,!. ,I
c:a l~-! ! ..
~ ~ i~l, >
II'"! 'i," .) ! iC
~ >~: on ..I
I C I -0 IL.ci.I
, :; (('j, !j Z
i -i eJ ~
== ~ b1l>>
.E] '~'I'
i...... l c5.....
'-a . (.,.)
1Mi ·
Cl
.....I
cr:
cr:
LLI
c::l ....i
N <
I- Co)
L&.. >-
o
a:
.....
c::l
I~, ~ h
? 'I 'I
I
@ CHICAGO TITLE COMPANY
Date: December 21,2000
Gilroy Chamber of Commerce and attn: Susan Valenta
7471 Monterey Street
Gilroy, California 95020
Order No.: 853974 - JW
Property: 7780 Monterey Street, Gilroy, California 95020
RE:
In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith
our Preliminary Report for your review.
Should you have any questions in connection with this or any other matter concerning the
above referenced order, please do not hesitate to contact our office.
Thank you for choosing Chicago Title Company.
Title Department:
CHICAGO TITLE COMPANY
110 West Taylor Street
San Jose, CA 95110
PHONE: (408) 292-4212
@
Escrow Department:
CHICAGO TITLE COMPANY
7881 Church Street #0
Gilroy, California 95020
(408) 842-8211 fax: (408) 842-4317
TITLE OFFICER
Jan Wallace
ESCROW OFFICER
81PEL -.09/16/97bk
@
CHICAGO TITLE COMPANY
PRELIMINARY REPORT
Dated as of: December 13, 2000 at 7:30 AM
Order No.: 853974 - JW
Regarding:
7780 Monterey Street
Gilroy, California
CHICAGO 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 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 the attached list.
Copies of the Policy forms are available upon request.
Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the
attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters
which are not covered under the terms of the title insurance policy and should be carefully considered. It is
important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens, defects, and encumbrances affecting title to the land.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF
FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF iT IS
DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER
OR COMMITMENT SHOULD BE REQUESTED.
The form of policy of title insurance contemplated by this report is:
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98)
Visit Us On The Web: westerndivision. eft. eom
Title Department:
CHICAGO TITLE COMPANY
110 West Taylor Street
San Jose, California 95110
(408) 292-4212
@
Escrow Department:
CHICAGO TITLE COMPANY
7881 Church Street #D
Gilroy, California 95020
(408) 842-8211 fax: (408) 842-4317
TITLE OFFICER
Jan Wallace
ESCROW OFFICER
PFP u08/05/99bk
SCHEDULE A
Order No:
853974 VW
Your Ref:
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
City of Gilroy, A Municipal Corporation of the State of California
3. The land referred to in this report is situated in the State of California, County of SANTA CLARA
and is described as follows:
SEE ATTACHED DESCRIPTION
PREA .10/31/97bk
Order No: 853974
-vw
1
DESCRIPTION
All that certain Real Property in the City of Gilroy, County of Santa Clara,
State of California, described as follows:
PARCEL ONE:
Beginning at the point of intersection of the Southerly line of Martin Lane with
the Easterly line of Monterey Street and running thence Southerly and along the
Easterly line of Monterey Street 50 feet; thence at right angles Easterly 169
feet to the Westerly line of lands of Southern Pacific Railroad Co., thence
Northerly and along the Westerly line of land of Southern Pacific Railroad Co.
77.48 feet to the Southerly line of Martin Lane and thence Westerly and along the
Southerly line of Martin Lane 171.34 feet to the place of beginning, being Lot
No. 1 in Block 3 and 4 North Range 1 East of the City of Gilroy.
PARCEL TWO:
Beginning at the Northwesterly corner of Lot No. 2 in Block 3 and 4 North Range 1
East of the City of Gilroy, the same being the common corner for Lots 1 and 2 of
Blocks 3 and 4 North Range 1 East of the City of Gilroy in the Easterly line of
Monterey Street and running thence Southerly and along the Easterly line of
Monterey Street, 50 feet; thence Easterly and at right angles to the Easterly
line of Monterey Street, 169 feet; thence Northerly and parallel to the Easterly
line of Monterey Street, 50 feet, and thence Westerly 160 feet to the place of
beginning, and being the Northerly part, (Rectangular in Shape) of Lot No. 2 in
Block 3 and 4 North Range 1 East of the City of Gilroy.
DESCRSO.. 12/04/91 AA
SCHEDULE B
Page 1
Order No:
853974 VW
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:
A 1. Property not Assessed Taxes for the Fiscal Year 2000/2001 by reason that
the vestee herein is a Governmental Agency.
B 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.
C 3. Covenants, Conditions and Restrictions in the Deed.
Executed By:
Recorded:
H. S. Hersman
September 25, 1917 in Book 460 at Page 303 of Deeds
Said Deed recites as follows:
The party of the second part in consideration thereof does hereby agree
that said premises shall be used for park purposes and none other, and
does hereby promise and agree to cause said premises to be parked and
planted to trees, shrubs, ornamental plants and lawn and to cause said
premises to be maintained at all times hereafter as a part and in a well
cared for, neat and orderly condition, and it is understood that if the
party of the second part should fail to cause said premises to be parked
and planted to trees, shrubs, ornamental plants and lawn, within one year
from date hereof, and should said premises at any time cause to be kept
in a well cared for, near, and orderly condition and used for park
purposes, then this grant shall terminated, and the property hereby
conveyed to the party of the second part shall revert and be the property
of the party of the first part, his heirs and assigns.
Affects the Southerly 18.00 feet of Parcel One
NOTE: Section 12956.1 of the Government Code provides the following: If
this document contains any restriction based on race, color, religion,
sex, familial status, marital status, disability, national origin, or
ancestry, that restriction violates state and federal fair housing laws
and is void, and may be removed pursuant to Section 12956.1 of the
Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not
be construed as restrictions based on familial status.
D 4. Any Assessment or Bond which may hereinafter become a lien on said land
by reason of proposed improvement District No. 1
For:
Emergency Medical Services
PRES.10/31/97bk
Order No:
Page 2
SCHEDULE B
( continued)
853974
Your Ref:
vw
F
G
H
I
J
As disclosed by a Map of the proposed boundaries of said improvement
District
Recorded:
September 29, 1999 in Book 34 of Maps of Assessment
Districts at Page 23 Of Official Records
15002393
Instrument No.:
5. The herein referred to property appears to be free and clear of any Deeds
of Trust or Mortgages. Please confirm if this is the case.
END OF SCHEDULE B
NOTE 1 The land referred to in this Preliminary Report was identified in
the order application only by street address or assessor's parcel number.
This land has been located on the attached map. The use of a street
address or assessor's parcel number creates an uncertainty as to the
correct legal description for the land involved in your transaction.
Please review the map. Is the correct land located on the map? If your
transaction involves other land or more land or less land than that located
on the map you should immediately advise your title officer or escrow
officer.
NOTE 2: Title of the vestee herein was acquired by deed recorded prior to
six months from the date hereof.
NOTE 3: 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 4: If a 1970 ALTA Owner's or Lender's or 1975 ALTA Leasehold Owner's
or Lender's policy form has been requested, the policy, when approved for
issuance, will be endorsed to add the following to the Exclusions From
Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the interest of the
mortgage insured by this policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights laws, that is
based on:
(i) the transaction creating the interest of the insured mortgagee being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a
result of the application of the doctrine of equitable subordination;
PRELlMBC.9/23/93bk
Page 3
SCHEDULE B
(continued)
Order No:
853974
vw
Your Ref:
or
(iii) the transaction creating the interest of the insured mortgagee 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.
Owners Policy Exclusion:
Any claim, which arises 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 by this policy being
deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction 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.
K
NOTE 5: Our ALTA loan policy, when issued, may include the attachment of
a CLTA 116 or CLTA 116.2 endorsement which reflects that there is located
on said land a residential unit designated as 7780 Monterey Street, GIlroy
California.
L
NOTE 6 : Basic Rate Applicable
RG/jd
PRELlMBC-9(23(93bk
I
~
ui
~ J
.
I
~ I
.
<< 8!
,s
.. ~I
a
..
~
..
<<
fir')
",0
....
a:
. ~ ~
>- ::l
J '"
J '"
o <<
C\J 0::,.. I
~!~
flit;;
""_10/
'~ ~
u ...
- ~ ~
::; ~
I-
.'
....
;(
(.3 3
It .
.... ~
:, , ~
,~ 3 ~
q ~
'--'S~.____.____.!
G
Itl
Z
$F/... '$,,: I
--- .----. - - , -'- "<'.OJ ---. -. r--
.. I , " _ I
I 11."...., "'I "II, IItl Ii l-
I I : ~ ..... ""; t:J
I Sf I- -'"r-: : l
I i It hi',
I ~~L" ,~f J
I Ie' ".'ON..,.
~'I 'OI~ :
I S'! ~ ~!'
//1/7--- --c :
~ II
~ ~
I / /
-1--==::/
~---"
... ~'" I
"
''''''~''-:---..~~.
...,~ I.,..U.-J,..s
'HO'SN~lIl lQl )IJIJ~d NIIJHlnos
~
...
:z-
~
B
'" Of)
~
~
--- - --- ------ - -- -.J..-__
'l' :!1
I
--I_
I
~ :
ill
a
0
rlJ ~ J.,. -
'"' II<
2
:I
..
~
't
I
-4-__
,
I
,
fir, ~:
(\I ~
---------
.L_-..-.___
...--
G-
'0,
:::
O~Otllf\f1
.is
~I
''''
II
..
It
-- .l:I:I~ls _,
..
Jll,
V)
,.. , .. .., A I ~ ~
: 15 ~ ~
011: "'" t "I == l
/ '1 ,'"
"~'";l~: ~ '1__
'n,
!-.
I
,.,
II)
l-
I
r.;
'"
Q
<r
i
I-
@C7l
aJ~
::r:
~
<r
::>
o
..
.:ZJ y:)
j- \"
E:
vj .~~: 73' .s
~ 'J ~1
~~ ..? (,
'~~t~~ ,:;':~ f~~
c'~. ,. - -
"("_J '_._ .,<._.
c (" r~~
..s~ ,-;:, :;...
C_'
'''-
o ..,' '.
UH~
~: ~ t C;- .-
CJ -_..;.:
~ ~:; -:~;
,.:~
':.>
Cl
i..)
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
I .#
CALIFORNIA LAND TITLE ASSOCIA nON STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of thiS policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting.
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land: (Ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been reco~ded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in Writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy:
(c) resulting in no loss or damage to the insured claimant:
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage or the estate 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 the Inability or failure of
any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land is situated,
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth.in-Iending law,
6. Any claim, which arises out of the transaction vestmg in the Insured the estate or mterest insured by thiS policy or the transaction creating the interest
of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B. PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the publiC records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by the public records.
2, Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the lanu 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 disclose, and which are
not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records,
AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
, EXCLUSIONS
In addition to the exceptions in Schedule S, you are not insured against loss, costs, attorney's fees and expenses resultmg from:
This includes building and zoning
Governmental police power, and the existence or violation of any law or government regulation,
ordinances and 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 matters which appear in the public records at Policy Date
This exclusion does not limit the zoning coverage described m Items 12 and 13 of Covered Title Risks
2, The right to take the land by condemning it, unless:
. a notice of exercising the fight appears in the public records on the Policy Date
. the taking happened prior to the Policy Date and is bindmg on you if you bought the land without knowing of the taking
3 Title Risks:
. that are created, allowed, or agreed to by you
. that are known to you, but not to us, on the Policy Date. unless they appeared in the public records
. that result in no loss to you
. that first affect your title after the Policy Date. this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4, Failure to pay value for your title.
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 limit the access coverage in Item 5 of Covered Title Risks,
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from:
1. Someone claiming an interest in your land by reason of:
A. Easements not shown in the public records
B, 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 of Covered
Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from:
A. The forced removal of any Additional Dwelling Unit, or,
B. The forced conversion of any Additional Dwelling Unit back to its original use.
if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government
regulation.
CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OFTITLE INSURANCE (5/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation, This includes ordinances, laws and regulations
concerning:
a. building c. Land use e, Land division
b. zoning d. improvements on the Land f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public
Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
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 apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3, The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking.
4, Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear 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, B.d, 22, 23, 24 or 25,
5. Failure to pay value forYour 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.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH AL T A 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 matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
1, (a) Any law, ordinance or governmental regulation (including but not limited to building and ZOrling laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,
2, Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3, Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (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 Policy); or
(e) resulting in loss or damage which would not have been sustained If the insured claimant had paid value for the Insured mortgage
4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of
any subsequent owner of the Indebtedness, to comply with applicable dOing bUSiness laws of the state in which the land IS situated
5, Invalidity or unenforceabillty of the lien of the Insured mortgage, or claim thereof. which arises out of the transaction evidenced by the insured
mortgage and is based upon usury or any consumer credit protection or truth In lending law
6, Any statutory lien for services, labor or materials (or the claim or prionty of any statutory lien for services, labor or materials over the 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 Policy
and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has
advanced or is obligated to advance
7. Any 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 being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(Iii) the transaction creatmg the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results
from the failure:
(a) to timely record the mstrument 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 issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following 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 proceedings, whether or not shown by the records of such
agency or by the public records
2. Any facts, rights, interests or claims which are not shown by the publiC records but which could be ascertained by an mspection of the land or by making
inquiry of 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 disclose, and which are
not shown by the public records
5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records
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, attorneys' fees or
expenses which arise by reason of:
(b)
Any law, ordinance or governmental regulation (Including but not limited to bUilding and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except
to the extent that a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from a Violation or alleged Violation
affecting the land has been recorded in the public records at Date of POliCY,
Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged Violation affecting the land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy. but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
Defects. liens, encumbrances. adverse claims or other matters:
created, suffered, assumed or agreed to by the insured claimant:
not known to the Company, not recorded in the public records at Date of Policy. but known to the Insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
resulting in no loss or damage to the insured claimant;
attaching or created subsequent to Date of Policy; or
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,
1. (a)
2
3.
(a)
(b)
(c)
(d)
(e)
4.
Any claim, which arises 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
(II) the transaction 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 issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following 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 proceedings, whether or not shown by the records of such
agency or by the public records,
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making
inquiry of 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 disclose. and which are
not shown by the public records
5, (a) Unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records