HomeMy WebLinkAboutTR 30496 (3) Order Number: 2201811
Page Number: 1
Updated #2
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First American Title
3625 Fourteenth Street
Riverside, CA 92501
Nancy Trojan
Pardee Construction Company
10880 Wilhsire Boulevard, Suite # 1900
Los Angeles, CA 90024
Phone: (310) 475-3525
Fax:
Customer Reference: Tent. Tract Map No. 30496
Order Number: 2201811
Buyer:
Owner: Pardee Construction Company
Property:
Lake Elsinore, California
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance,this 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 Polity or Policies are set forth in Exhibit A attached.Copies of the Policy
forms should be read.They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this
report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered
under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not
list all liens,defects,and encumbrances affecting title to the land.
This report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a
Binder or Commitment should be requested.
First American Title
Order Number: 2201811
Page Number: 2
Dated as of October 16, 2003 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To Be Determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
Pardee Homes, a California corporation,
formerly known as Pardee Construction Company
as to Parcel A; and
The City of Lake Elsinore,
as to Parcel B
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $9,330.79, PAYABLE
Penalty: $933.08
Second Installment: $9,330.79, PAYABLE
Penalty: $953.08
Tax Rate Area: 005-052
A. P. No.: 363-210-001-2
(Portion of Community Facilities District included)
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $4,647.37, PAYABLE
Penalty: $464.74
Second Installment: $4,647.37, PAYABLE
Penalty: $484.74
Tax Rate Area: 005-052
A. P. No.: 363-210-002-3
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Order Number: 2201811
Page Number: 3
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $68,032.00, PAYABLE
Penalty: $6,803.20
Second Installment: $68,032.00, PAYABLE
Penalty: $6,823.20
Tax Rate Area: 005-052
A. P. No.: 363-210-003-4
(Portion of Community Facilities District included)
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $9,559.36, PAYABLE
Penalty: $955.94
Second Installment: $9,559.36, PAYABLE
Penalty: $975.94
Tax Rate Area: 005-052
A. P. No.: 363-210-006-7
(Portion of Community Facilities District included)
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $18,459.04, PAYABLE
Penalty: $1,845.90
Second Installment: $18,459.04, PAYABLE
Penalty: $1,865.90
Tax Rate Area: 005-052
A. P. No.: 363-210-007-8
(Portion of Community Facilities District included)
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $1,180.21, PAYABLE
Penalty: $118.02
Second Installment: $1,180.21, PAYABLE
Penalty: $138.02
Tax Rate Area: 005-052
A. P. No.: 363-210-009-0
(Portion of Community Facilities District included)
(Portion of Bond amount included)
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Order Number: 2201811
Page Number: 4
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $30.95, PAYABLE
Penalty: $3.10
Second Installment: $30.95, PAYABLE
Penalty: $23.10
Tax Rate Area: 005-052
A. P. No.: 363-210-010-0
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $44,315,32, PAYABLE
Penalty: $4,431.53
Second Installment: $44,315.32, PAYABLE
Penalty: $4,451.53
Tax Rate Area: 005-052
A. P. No.: 363-210-011-1
(Portion of Community Facilities District included)
(Portion of Bond amount included)
General and special taxes and assessments for the fiscal year 2003-2004.
First Installment: $19,723.18, PAYABLE
Penalty: $1,972.32
Second Installment: $19,723,18, PAYABLE
Penalty: $1,992.32
Tax Rate Area: 005-052
A. P. No.: 363-200-017-6
(Portion of Community Facilities District included)
(Pursuant to Government Code 66493 of the State of California the Subdivision Map Act requires
that during the period from January 1 through October 1 when real property taxes are an
assessed lien not yet due and payable that a tax bond be filed with the clerk of the board of
supervisors to secure payment of said taxes. A tax bond estimate should be requested from this
office at least two months prior to the date scheduled for recordation of the map.)
2. The lien of special tax for the following municipal improvement bond, which tax is collected with
the county taxes.
District: Elsinore AD 93-1
3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. EVMWD 98-1 Temescal, as
disclosed by Notice of Special Tax Lien recorded January 6, 1999 as instrument no. 1999-4548 of
Official Records.
4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the
California Government Code for Community Facilities District No. 2001-1, as disclosed by Notice
of Special Tax Lien recorded June 26, 2001 as instrument no. 2001-289260 of Official Records.
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Order Number: 2201811
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5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
6. Rights of the public in and to that portion of the land lying within public roads.
7. An easement for ditch or pipeline and incidental purposes, recorded September 3, 1901 as in
book 124 page 250 of Deeds, Records of
Riverside County, California.
In Favor of: Temescal Water Company
Affects: Cannot be located from the records
8. Covenants, conditions, restrictions and easements in the document recorded March 23, 1912 in
book 347 page 127 of Deeds, Records of Riverside County, California, which provide that a
violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust
made in good faith and for value, but deleting any covenant, condition or restriction indicating a
preference, limitation or discrimination based on race, color, religion, sex, handicap, familial
status, national origin, sexual orientation, marital status, ancestry, source of income or disability,
to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the
United States Codes or Section 12955 of the California 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.
9. An easement for slopes, walls, wing walls, culberts or bridges and incidental purposes,
recorded May 24, 1949 in book 1078 page 585 of Official Records.
In Favor of: County of Riverside, State of California
Affects: a portion adjacent Railroad Canyon Road
10. An easement for pipeline and incidental purposes, recorded June 28, 1957 in book 2111 page
278 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
11. An easement for ditches, pipelines, and other apparatus for the distribution of water for domestic
and irrigation purposes and incidental purposes, recorded March 4, 1964 as instrument no. 27383
and January 15, 1965 as instrument no. 5629, both of Official Records of Riverside County,
California.
In Favor of: Temescal Water Company
Affects: Cannot be located from the records
12. An easement for public utilities and incidental purposes, recorded December 31, 1970 as
instrument no. 131520 of Official Records.
In Favor of: California Water and Telephone Co.
Cannot be determined from record information
11 An easement for transmission lines and access for maintenance, repair and replacement and
incidental purposes, recorded September 8, 1975 as instrument no. 109592 of Official Records.
In Favor of: Temescal Utility company
Affects: a portion of said land
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Order Number: 2201811
Page Number: 6
14. An easement for construction, reconstruction, replacement, repair, maintenance and use of a
pipeline(s) for sanitary sewer purposes, together with the right of ingress and egress and
incidental purposes, recorded May 4, 1983 as instrument no. 86223 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
15. An easement for water and sewer pipelines and incidental purposes, recorded November 17,
1989 as instrument no. 403225 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
16. An easement for road purposes and incidental purposes, recorded March 30, 1990 as instrument
no. 113909 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
17. An easement for sewer and pipelines and incidental purposes, recorded April 18, 1990 as
instrument no. 140077 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
18. The terms and provisions contained in the document entitled "Development Agreement"
recorded July 19, 1990 as instrument no. 265632 of Official Records.
19. An easement for street right of way and incidental purposes, recorded August 20, 1990 as
instrument no. 308164 of Official Records.
In Favor of; City of Lake Elsinore
20. An easement for slope and drainage and incidental purposes, recorded August 20, 1990 as
instrument no. 308165 of Official Records.
In Favor of: City of Lake Elsinore
A partial quitclaim of a portion of said easement was recorded August 1, 1991 as
instrument no. 262483 of Official Records.
21. An easement for slope and drainage purposes and incidental purposes, recorded January 14,
1991 as instrument no. 14054 of Official Records.
In Favor of: City of Lake Elsinore
22. An easement for street right of way and incidental purposes, recorded January 14, 1991 as
instrument no. 14055 of Official Records.
In Favor of: City of Lake Elsinore
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Order Number: 2201811
Page Number: 7
23. An easement for sanitary sewer and incidental purposes, recorded February 19, 1991 as
instrument no. 54109 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
A Quitclaim Deed of a portion of said easement recorded August 21, 2000 as instrument
no. 2000-326135 of Official Records.
24. An easement for reservoir for domestic water and incidental purposes, recorded May 16, 1991 as
instrument no. 163364 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
25. An easement for reservoirs for domestic and reclaimed water and incidental purposes,
recorded May 16, 1991 as instrument no. 163365 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
26. An easement for sewer and water pipelines and incidental purposes, recorded May 21, 1991 as
instrument no. 168457 of Official Records,
In Favor of: Elsinore Valley Municipal Water District
27. An easement for drainage and incidental purposes, recorded February 6, 1992 as instrument no.
42262 of Official Records.
In Favor of: City of Lake Elsinore
28. An easement for slope and drainage and incidental purposes, recorded February 28, 1992 as
instrument no. 67775 of Official Records.
In Favor of: City of Lake Elsinore
29. An easement for access road and incidental purposes, recorded July 19, 2000 as instrument no.
2000-278925 of Official Records.
In Favor of: Elsinore Valley Municipal Water District
30. The terms and provisions contained in the document entitled "SS 50 Finance Agreement"
recorded November 6, 2000 as instrument no.
2000-443390 of Official Records.
Document(s) declaring modifications thereof recorded September 20, 2001 as instrument no.
2001-456864 of Official Records.
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31. An easement for public utilities and incidental purposes, recorded March 20, 2001 as instrument
no. 2001-113617 of Official Records.
In Favor of: Southern California Edison Company
Affects: a portion of said land
32. An easement for access road, pipeline for water storage, transmission and incidental purposes,
recorded April 16, 2003 as instrument no. 2003-268010 of Official Records.
In Favor of: Elsinore Valley Municipal Water District, a public agency
Affects: The land
33. Prior to issuing a Subdivision Guarantee, we require that a copy of the final map be provided to
our office for review at least one month prior to scheduled approval by the governing body.
34. This report is preparatory to the issuance of a Subdivision Guarantee and is intended solely for
the use of those parties directly involved in the preparation and checking of said map.
INFORMATIONAL NOTES
1. This report is preparatory to the issuance of an ALTA Loan Policy. The property covered by this
report is vacant land.
2. Basic rate applies.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
First American Title
Order Number; 2201811
Page Number: 9
WIRE INSTRUCTIONS
for
First American Title Company,Sub-Escrow Deposits
Riverside County, California
First American Trust Company
Santa Ana Branch
421 North Main Street
Santa Ana, California 92701
ABA 122241255
Credit to First American Title Company Special Trust Account
Account No. 18012
Reference Title Order Number 2201811, and Title Officer Tom Roberts
Please wire the day before recording. Also, notify the Title Officer of your intent to wire.
First American Title
Order Number: 2201811
Page Number: 10
LEGAL DESCRIPTION
Real property in the City of Lake Elsinore, County of Riverside, State of California, described as
follows;
TENTATIVE TRACT NO. 30496 BITING A SUBDIVISION OF THE FOLLOWING:
PARCEL A:
SECTION 11, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN,
ACCORDING TO THE OFFICIAL PLAT THEREOF;
EXCEPTING THEREFROM RAILROAD CANYON ROAD, AS CONVEYED TO THE COUNTY OF
RIVERSIDE, BY DEED RECORDED MAY 24, 1949 IN BOOK 1078 PAGE 585 OF OFFICIAL
RECORDS;
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY BOUNDARY OF A COUNTY ROAD AS CONVEYED
TO THE COUNTY OF RIVERSIDE, BY DEED RECORDED MAY 24, 1949 IN BOOK 1078 PAGE 585
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, FROM WHICH POINT THE
NORTHEAST CORNER OF SAID SECTION 11 BEARS NORTH 53° 59' EAST, A DISTANCE OF
4,249.40 FEET;
THENCE ALONG SAID SOUTHERLY BOUNDARY LINE ON AN 1,130 FOOT RADIUS CURVE LEFT
(THE LONG CHORD OF WHICH BEARS SOUTH 84° 12' EAST, 265.30 FEET)A DISTANCE OF
265.90 FEET;
THENCE SOUTH 250 20.' 30" WEST, 586.82 FEET;
THENCE NORTH 64° 39' 30" WEST, 250.00 FEET;
THENCE NORTH 250 20' 30" EAST, 498.08 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM ALL THOSE PORTIONS INCLUDED WITHIN THE BOUNDARIES OF
THE FOLLOWING TRACT MAPS RECORDED IN THE RECORDS OF RIVERSIDE COUNTY,
CALIFORNIA.
TRACT NO. 23848-3 IN BOOK 229 PAGES 47 - 50;
TRACT NO. 23848-4 IN BOOK 298 PAGES 93 - 97;
TRACT NO. 23848-5 IN BOOK 300 PAGES 24 - 30;
TRACT NO. 23848-6 IN BOOK 298 PAGES 98 - 101;
TRACT NO. 23848-9 IN BOOK 305 PAGES 73 - 80;
TRACT NO. 23848-10 IN BOOK 305 PAGES 81 -89;
TRACT NO. 23848-11 IN BOOK 308 PAGES 73 - 81.
ALSO EXCEPTING THEREFROM THOSE PORTIONS ONVEYED TO THE ELSINORE VALLEY
MUNICIPAL WATER DISTRICT, A PUBLIC AGAENCY BY DEED RECORDED APRIL 18, 2003 AS
INSTRUMENT NO. 2003-268009 OF THE OFFICIAL RECORDS.
PARCEL B:
(RAILROAD CANYON ROAD)
A PORTION OF THE NORTH HALF OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 4 WEST, SAN
BERNARDINO BASE AND MERIDIAN, WHICH IS INCLUDED WITHIN A STRIP OF LAND 60 FEET
IN RIGHT ANGLE WIDTH, BEING 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
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Order Number: 2201811
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CENTER LINE:
BEGINNING AT A POINT ON THE WEST BOUNDARY OF SECTION 11,TOWNSHIP 6 SOUTH,
RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, FROM WHICH POINT THE
NORTHWEST CORNER OF SAID SECTION BEARS NORTH 000 05' 10" EAST, A DISTANCE OF
2342.53 FEET;
THENCE ON A 3000 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01- 2T
15" FOR A DISTANCE OF 71.78 FEET;
THENCE NORTH 73 ° 03' 00" EAST, A DISTANCE OF 611.27 FEET;
THENCE ON A 1000 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 42°
17' 30" FOR A DISTANCE OF 738.13 FEET;
THENCE SOUTH 6439' 30" EAST, A DISTANCE OF 168.46 FEET;
THENCE ON A 1100 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 55° 06,
00" FOR A DISTANCE OF 1057.84 FEET;
THENCE ON AN 800 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 38° 03'
00" FOR A DISTANCE OF 531.28 FEET;
THENCE NORTH 220 11' 30" EAST, 704.07 FEET;
THENCE ON A 2000 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 82°
03' 00" FOR A DISTANCE OF 699.88 FEET,
THENCE NORTH 42 DEGREES 14' 30" EAST, 256.45 FEET;
THENCE ON A 2000 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 12° 00'
00" FOR A DISTANCE OF 418.88 FEET;
THENCE NORTH 30 DEGREES 14' 30" EAST, 66.14 FEET TO A POINT ON THE NORTH
BOUNDARY OF THE NORTHEAST QUARTER OF SAID SECTION 11, FROM WHICH POINT THE
NORTHEAST CORNER OF THE NORTHEAST OF SAID SECTION 11 BEARS SOUTH 890 49' 20"
EAST, A DISTANCE OF 1320.66 FEET.
THE SIDE LINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGATED OR
SHORTENED SO AS TO TERMINATE AT THE WEST BOUNDARY OF THE NORTHWEST QUARTER
AND THE NORTH BOUNDARY OF THE NORTHEAST QUARTER OF SAID SECTION 11, TOWNSHIP
6 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN
APN: 363-210-001-2 and 363-210-002-3 and 363-210-003-4 and 363-210-006-7 and 363-210-
007-8 and 363-210-009-0 and 353-210-010-0 and 363-210-011-1 and 363-200-017-6
First American Ttle
Order Number: 2201811
Page Number: 12
NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
First American Title
Order Number: 2201811
Page Number: 13
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS(BY POLICY TYPE)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against lass 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 notice 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 pubic records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,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.
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 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) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant;
(b) not known to the Company,not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of 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 unen€orceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by their 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.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or
prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or
hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions of area of the land,or the 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 public records at
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or
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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.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 2 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
I. faxes 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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public
records.
4.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH A.L.T.A.ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or
prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location or any improvement now or
hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the 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 public records at
Date of Policy.
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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such
claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the
insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent insurance is afforded herein as to any statutory
lien for 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).
4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the
indebtedness to comply with applicable"doing business"laws of the state in which the land is situated.
5.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association Lenders Policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following:
Part One
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.
2, Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to
water.
6. Any lien, or right to a lien,for services,labor or material theretofore or hereafter furnished,Imposed by law and not shown by the public
records.
First American Title
Order Number: 2201811
Page Number: 15
6.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH A.L.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 zoning laws,ordinances,or regulations)
restricting, regulating,prohibiting or relating to(i)the occupancy, use,or enjoyment of the land; (li)the character,dimensions or location of
any improvement now or hereafter erected on the land; (Ili)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(lv)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)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(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 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 the applicable"doing business"laws of the state in which the land is
situated.
5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services,labor or materials(or the claim of priority 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 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.
7.AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 6 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said
land or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof,water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public
records.
B.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
First American Title
Order Number: 2201811
Page Number: 16
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 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;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 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.
9.AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Polity and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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:
Part One:
I. 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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to
water.
6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public
records.
10.AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL.
TITLE INSURANCE POLICY-2987
EXCLUSIONS
In addition to the Exceptions in Schedule S,you are not insured against loss,costs,attorneys'fees and expenses resulting from:
1. Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning
ordinances and also laws and regulations concerning:
*land use *land division
*improvements on the land *environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
First American Title
Order Number: 2201811
Page Number: 17
2. The right to take the land by condemning it,unless:
*a notice of exercising the right appears in the public records on the Policy Date
*the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Title Risks:
*that are created,allowed,or agreed to by you
*that are known to you, but not to us,on the Policy Date-unless they appeared in the public records
*that result in no loss to you
*that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
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.
11.EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE-1998
Covered Risks 14(Subdivision Law Violation).15(Building Permit).16(Zoning)and 18(Encroachment of boundary walls or fences)are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
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 b.zoning
c. land use d.improvements on the land
e.land division 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 7,8.d,22,23,24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a.to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A;and
b. in streets,alleys,or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk it or 18.
12.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
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:
First American Title
Order Number: 2201811
Page Number: 18
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 recorded in the Public Records at Date of Policy.This exclusion
does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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.This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this 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(this paragraph does not limit the coverage provided under Covered Risks 8,16, 18,
19,20,21,22,23,24,25 and 26);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 unenforoeability 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,except as provided in Covered Risk 27,or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.This
exclusion does not limit the coverage provided under Covered Risks 7,8(e)and 26.
7. Any claim of invalidity,unenforceabiiity or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or Interest covered by this policy.This
exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy,and all interest charged
thereon,over liens,encumbrances and other matters affecting title,the existence of which are Known to the Insured at:
(a)The time of the advance;or
(b)The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged,if the rate of interest
is greater as a result of the modification than it would have been before the modification.
This exclusion does not limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure,or any portion thereof to have been constructed before,on or after Date of Policy 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 Date of Policy.
SCHEDULE 8
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. The following existing statutes,reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: NONE.
13.SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY(10/13/01)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
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:
Part One:
I. 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.
2. Any facts,rights,interests,or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements,claims of easement or encumbrances 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 public records.
First American Title
Order Number: 2201811
Page Number: 19
5, Unpatented mining claims;reservations or exceptions in patents or in ads authorizing the issuance thereof;water rights,claims or title to
water,
b. Any lien,or right to a lien,for services,labor or material theretofore or hereafter fumished,imposed by law and not shown by the public
records.
Part Two:
1. The following existing statutes,reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: None.
First American Title