CLTA Preliminary Report Form

(Rev. 11/06)

Order Number: 0131-622210ala Page Number: 1

First American Title Company 4750 Willow Road, Suite 100 Pleasanton, CA 94588

 

File No.: 0131-622210ala (DL)
This report has been amended/updated to reflect the following matters:

[] [] [] [] [ X ] [ X ] [ ] [ X ] [ ]

No changes made to the report other than the Effective Date

Property address has been revised Vesting has been revised
Legal Description has been revised Taxes have been updated

Original item number(s) 1 have been removed New item number(s) have been added Original item number(s) 1 have been revised Other:

First American TitlePage 1 of 16

CLTA Preliminary Report Form Order Number: 0131-622210ala

(Rev. 11/06)

Page Number: 2

Updated

First American Title Company4750 Willow Road, Suite 100 Pleasanton, CA 94588

Diane Burton (925)738-4050 (866)648-7806 dburton@firstam.com

Dennis Lucey (925)356-7006

DLucey@firstam.com

Lenders please contact the Escrow Officer for email address for sending loan documents.

1700 Oak Park Blvd Pleasant Hill, CA 94523

PRELIMINARY REPORT

 

Escrow Officer: Phone:
Fax No.: E-Mail:

Title Officer: Phone:
Fax No.: E-Mail:

E-Mail Loan Documents to: Property:

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 and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached.

The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. 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.

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Dated as of November 22, 2017 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:

THE COUNTY OF CONTRA COSTA, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA 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. Intentionally Deleted

  2. General and special taxes and assessments for the fiscal year 2017-2018 are exempt.

  3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

  4. An easement for ingress and egress and incidental purposes, recorded October 23, 1925 in Book 7, Page 426 of Official Records.

    In Favor of: East Bay Municipal Utility District Affects: As described therein

    The location of the easement cannot be determined from record information.

  5. The terms and provisions contained in the document entitled "Declaration of Restrictions"

    recorded February 14, 1950 as Book 1505, Page 451 of Official Records.

    Document(s) declaring modifications thereof recorded February 5, 1952 in Book 1887, Page 321 of Official Records.

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Order Number: 0131-622210alaPage Number: 3

Order Number: 0131-622210alaPage Number: 4

  1. An easement for roadway, utility and incidental purposes, recorded July 9, 1959 in Book 3408, Page 564 of Official Records.

    In Favor of: A. Steffensen Affects: Parcel Two

    The location of the easement cannot be determined from record information.

  2. A lease dated May 1, 1984, executed by The County of Contra Costa, a political subdivision as lessor and Board of Retirement of the Contra Costa County Employees Retirement Association, organized and existing under the County Employees Retirement Law of 1937 as lessee, recorded May 17, 1984 as Instrument No. 84-68050 in Book 11795, Page 288 of Official Records.

    Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.

    Affects: The land and other property.

  3. A lease dated May 1, 1984, executed by Board of Retirement of the Contra Costa County Employees Retirement Association, organized and existing under the County Employees Retirement Law of 1937 as lessor and County of Contra Costa, a political subdivision as lessee, recorded May 17, 1984
    as Instrument No. 84-68051 in Book 11795, Page 307 of Official Records.

    Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.

    Affects: The land and other property.

  4. A lease dated September 1, 1985, executed by County of Contra Costa, a political subdivision as lessor and Contra Costa County Public Facilities Corporation as lessee, recorded September 18, 1985 as Instrument No. 85-127179 in Book 12513, Page 518 of Official Records.

    Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.

    Affects: The land and other property.

  5. A lease dated September 1, 1985, executed by Contra Costa County Public Facilities Corporation as lessor and County of Contra Costa, a political subdivision as lessee, recorded September 18, 1985 as Instrument No. 85-127180 in Book 12513, Page 539 of Official Records.

    Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records.

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Affects: Parcel Three and other property

Affects: The land and other property.

11. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 12. Rights of parties in possession.

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Order Number: 0131-622210alaPage Number: 5

Order Number: 0131-622210alaPage Number: 6

Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.

  1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 1700 Oak Park Boulevard, Pleasant Hill, California.

  2. According to the public records, there has been no conveyance of the land within a period of twenty- four months prior to the date of this report, except as follows:

    None

  3. We find no open deeds of trust. Escrow please confirm before closing.

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.

 

INFORMATIONAL NOTES

 

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LEGAL DESCRIPTION

Real property in the City of Pleasant Hill , County of Contra Costa, State of California, described as follows:

PARCEL ONE:
PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS:

BEGINNING ON THE NORTH LINE OF THE 7.68 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM EL DORADO ASSOCIATES, INCORPORATED TO GEORGE R. MCNUTT, RECORDED JANUARY 10, 1955 INVOLUME 2454 OF OFFICIAL RECORDS, AT PAGE 5, DISTANT THEREON SOUTH 89° 07’ 47" EAST, 300.54FEET FROM THE NORTHWEST CORNER THEREOF; THENCE FROM SAID POINT OF BEGINNING, SOUTH0° 13’ 30" WEST, PARALLEL WITH THE WEST LINE OF SAID 7.68 ACRE PARCEL, 585.56 FEET TO THE NORTH LINE OF OAK PARK BOULEVARD; THENCE EASTERLY, ALONG SAID NORTH LINE, ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 4030 FEET, THE CENTER OF WHICH BEARSSOUTH 4° 30’ 06" WEST, AN ARC DISTANCE OF 266.89 FEET TO THE WEST LINE OF THE 9.853 ACRE PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION ENTERED SEPTEMBER 25, 1951 UNDER ACTION NO. 50816 IN THE LOCAL SUPERIOR COURT ENTITLED MT. DIABLO UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COUNTY, PLAINTIFF VS. EL DORADO ASSOCIATES, INCORPORATED, ET AL, DEFENDANTS, - A CERTIFIED COPY OF WHICH ORDER WAS RECORDEDSEPTEMBER 25, 1951, IN VOLUME 1826 OF OFFICIAL RECORDS AT PAGE 173; THENCE NORTH 0° 52’13" EAST, ALONG SAID WEST LINE, 611.23 FEET TO THE NORTH LINE OF SAID 7.68 ACRE PARCEL;THENCE NORTH 89° 07’ 47" WEST, ALONG SAID NORTH LINE, 272.2 FEET TO THE POINT OFBEGINNING.

PARCEL TWO:
PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTER LINE OF SANTA BARBARA ROAD ON THE EAST LINE OF THE TRACT OF LAND DESIGNATED ON THE MAP ENTITLED "EL DORADO PARK UNIT NO. 4, CONTRA COSTA COUNTY, CALIFORNIA", WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ON APRIL 1, 1952 IN VOLUME46 OF MAPS, AT PAGE 16; THENCE FROM SAID POINT OF BEGINNING SOUTH 1° 42’ 47" WEST ALONGTHE EAST LINE OF SAID EL DORADO PARK TRACT, 30 FEET TO THE SOUTH LINE OF SAID SANTABARBARA ROAD, THENCE SOUTH 88° 17’ 13" EAST ALONG THE DIRECT EXTENSION SOUTH 88° 17’ 13"EAST OF SAID SOUTH LINE, TO THE EAST LINE OF THE 4 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM GEORGE R. MCNUTT TO ROBERT A. STEFENSEN RECORDED FEBRUARY 13, 1958 INVOLUME 3118 OF OFFICIAL RECORDS, AT PAGE 365; THENCE NORTH 1° 04’ 04" EAST ALONG SAID EAST LINE, 30 FEET TO THE NORTH LINE OF SAID 4 ACRE PARCEL BEING THE DIRECT EXTENSIONSOUTH 88° 17’ 13" EAST OF THE CENTER LINE OF SAID SANTA BARBARA ROAD; THENCE NORTH 88° 17’ 13" WEST ALONG SAID NORTH LINE BEING ALONG SAID EXTENDED LINE 228.07 FEET TO THE POINT OF BEGINNING.

EXCEPTING FROM PARCEL TWO: THAT PORTION THEREOF LYING WITH SANTA BARBARA ROAD.

PARCEL THREE:

PORTION OF THE RANCHO LAS JUNTAS, DESCRIBED AS FOLLOWS:

BEGINNING AT THE MOST EASTERLY TERMINUS OF THE CENTER LINE OF SANTA BARBARA ROAD ON THE EAST LINE OF THE TRACT OF LAND DESIGNATED ON THE MAP ENTITLED "EL DORADO PARK,

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Order Number: 0131-622210alaPage Number: 7

Order Number: 0131-622210alaPage Number: 8

UNIT NO. 4, CONTRA COSTA COUNTY, CALIFORNIA" WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ON APRIL 1, 1952 IN VOLUME46 OF MAPS, AT PAGE 16; THENCE FROM SAID POINT OF BEGINNING SOUTH 88° 17’ 13" EAST ALONG THE DIRECT EXTENSION SOUTH 88° 17’ 13" EAST OF THE CENTER LINE OF SAID SANTA BARBARAROAD, 500.33 FEET TO THE WEST LINE OF THE 9.853 ACRE PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION ENTERED SEPTEMBER 25, 1951 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA, ENTITLED MT. DIABLO UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COUNTY PLAINTIFF VS. EL DORADO ASSOCIATES, INCORPORATED, ET AL, DEFENDANTS - A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 25, 1951 IN VOLUME1826 OF OFFICIAL RECORDS, AT PAGE 173; THENCE NORTH 1° 42’ 47" EAST ALONG SAID WEST LINE,30 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED AS PARCEL ONE IN THE DEED FROM EL DORADO ASSOCIATES INCORPORATED, ET AL TO MT. DIABLO UNIFIED SCHOOL DISTRICT OF CONTRA COSTA COUNTY, DATED APRIL 21, 1950 AND RECORDED MAY 22, 1950 INVOLUME 1561 OF OFFICIAL RECORDS AT PAGE 377; THENCE NORTH 1° 42’ 47" EAST ALONG THE WEST LINE OF SAID MT. DIABLO UNIFIED SCHOOL DISTRICT PARCEL (1561 OR 377), 120 FEET;THENCE NORTH 88° 17’ 13" WEST, 252.53 FEET; THENCE WESTERLY AND SOUTHERLY ALONG THEARC OF A CURVE TO THE LEFT WITH A RADIUS OF 150 FEET TANGENT TO THE LAST COURSETHROUGH A CENTRAL ANGLE OF 47° 20’ 31" A ARC DISTANCE OF 123.94 FEET; THENCE SOUTH 44° 22’ 16" WEST TANGENT TO THE LAST CURVE, 94.37 FEET; THENCE SOUTHERLY AND WESTERLYALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 100 FEET TANGENT TO THE LASTCOURSE THROUGH A CENTRAL ANGLE OF 47° 20’ 31" AN ARC DISTANCE OF 82.63 FEET TO THE POINTOF BEGINNING.

EXCEPTING FROM PARCEL THREE: THAT PORTION THEREOF LYING WITHIN SANTA BARBARA ROAD. APN: 149-271-014-8

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Order Number: 0131-622210alaPage Number: 9

 

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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.

First American TitlePage 10 of 16

Order Number: 0131-622210alaPage Number: 10

Order Number: 0131-622210alaPage Number: 11

EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)

CLTA 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 or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (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 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.

  1. 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.

  2. Defects, liens, encumbrances, adverse claims or other matters:

    1. (a)  whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured

      claimant;

    2. (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;

    3. (c)  resulting in no loss or damage to the insured claimant;

    4. (d)  attaching or created subsequent to Date of Policy; or

    5. (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.

  3. 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.

  4. 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.

  5. Any claim, which arises out of the transaction vesting in the insured the estate of 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 - 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 land or which may be asserted by persons in possession thereof.

  3. Easements, liens or encumbrances, or claims thereof, 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.

  6. Any lien or right to a lien for services, labor or material not shown by the public records.

    CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

    EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:

a. building; b. zoning; c. land use;

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Order Number: 0131-622210alaPage Number: 12

d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

  1. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

  2. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

  3. Risks:

    a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
    b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
    d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

  4. Failure to pay value for Your Title.

  5. Lack of a right:

    a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
    This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

  6. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws.

  7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

  8. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

    LIMITATIONS ON COVERED RISKS

Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

 

Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21:

Your Deductible Amount

1% of Policy Amount Shown in Schedule A or $2,500 (whichever is less)

1% of Policy Amount Shown in Schedule A or $5,000 (whichever is less)

1% of Policy Amount Shown in Schedule A or $5,000 (whichever is less)

1% of Policy Amount Shown in Schedule A or $2,500 (whichever is less)

2006 ALTA LOAN POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE

Our Maximum Dollar Limit of Liability $10,000

$25,000 $25,000 $5,000

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 that arise by reason of:

  1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

    (i) the occupancy, use, or enjoyment of the Land;
    (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
    (iv) environmental protection;

    or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
    (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

  2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

  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;

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Order Number: 0131-622210alaPage Number: 13

(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.

  1. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.

  2. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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.

  3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is
    (a) a fraudulent conveyance or fraudulent transfer, or
    (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.

  4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

The above policy form 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 Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs,

attorneys' fees or expenses, that arise by reason of:

[PART I

[The above policy form 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 Exceptions from Coverage:

  1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or

    that may be asserted by persons in possession of the Land.

  3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

  4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and

    complete land survey of the Land and 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.

  6. Any lien or right to a lien for services, labor or material not shown by the public records.

    PART II

In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]

2006 ALTA OWNER'S POLICY (06-17-06)

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 that arise by reason of:

  1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

    (i) the occupancy, use, or enjoyment of the Land;
    (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
    (iv) environmental protection;

    or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
    (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

  2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

  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;

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Order Number: 0131-622210alaPage Number: 14

(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

  1. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
    (a) a fraudulent conveyance or fraudulent transfer, or
    (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

  2. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

The above policy form 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 Exceptions from Coverage:

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form 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 Exceptions from Coverage:

  1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.

  3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

  4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and

    complete land survey of the Land and 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.

  6. Any lien or right to a lien for services, labor or material not shown by the Public Records.

  7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.]

    ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)

    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 that arise by reason of:

  1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

    (i) the occupancy, use, or enjoyment of the Land;
    (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
    (iv) environmental protection;

    or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
    (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.

  2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

  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 (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
    (e) resulting in loss or damage that 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 an Insured to comply with applicable doing-business laws of the state where the Land is situated.

  5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

  6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the

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Order Number: 0131-622210alaPage Number: 15

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 modify or limit the coverage provided in Covered Risk 11.

  1. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of

    Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

  2. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with

    applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

  3. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the

    lien of the Insured Mortgage, is
    (a) a fraudulent conveyance or fraudulent transfer, or
    (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

  4. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

  5. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

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Order Number: 0131-622210alaPage Number: 16

Privacy Information
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability

This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values.

Types of Information

Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
 Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and
 Information we receive from a consumer reporting agency.

Use of Information

We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

Former Customers

Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security

We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Information Obtained Through Our Web Site

First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet.
In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site.
There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.

Business Relationships

First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.

Cookies

Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive.
FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience.

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Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy.
Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections.
Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.

Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)

 

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