HomeMy WebLinkAboutLLA22-0008 Amended Preliminary ReportPage 1 of 15
PRELIMINARY REPORT
To:Title Officer:
TIMIOS TITLE
1058 MANGROVE AVENUE, SUITE 1
CHICO, CA 95926
TITLE OFFICER: RON CAMPBELL
TIMIOS TITLE
1058 MANGROVE AVENUE, SUITE 1
CHICO, CA 95926
ESCROW OFFICER: CHRISTINE CAHILL
PHONE: (530) 924-5277
ESCROW NO: 71-00226289
Property Address:Title No:AMENDED MARCH 15, 2022
041-330-028, 041-330-029, 041-330-064 71-00226288
OROVILLE, CA, 95965
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.
The form of Policy of title insurance contemplated by the report is:
PRELIMINARY REPORT
Issued by: FIRST AMERICAN TITLE INSURANCE COMPANY
Dated as of:Mar 10, 2022 at 8:00 a.m.
The Estate or Interest in the land hereinafter described or referred to covered by this report is:
Fee Simple
Title to said estate of interest at the date hereof is vested in:
LEEN-TABLE MOUNTAIN RANCH LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
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At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be
as follows:
THE FOLLOWING EXCEPTIONS AFFECT PARCEL 1:
1.PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE
FISCAL YEAR 2022-2023 THAT ARE A LIEN NOT YET DUE.
2.GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2021-2022.
FIRST INSTALLMENT:$1,457.00 MARKED PAID
PENALTY:$0.00
SECOND INSTALLMENT:$1,457.00 NOT MARKED PAID
PENALTY:$0.00
ASSESSMENT NO.041-330-029
3.THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE
PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4
RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE
OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR
AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO THE DATE OF
THE POLICY.
4.RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE LAND LYING WITHIN CHEROKEE ROAD
(OROVILLE CONCOW).
5. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED
NOVEMBER 7,1940 AS BOOK 251, PAGE 247 OF OFFICIAL RECORDS.
AFFECTS: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE HEREIN DESCRIBED PROPERTY.
6. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED
MARCH 1,1947 AS BOOK 417, PAGE 43 OF OFFICIAL RECORDS.
AFFECTS: THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE HEREIN DESCRIBED PROPERTY.
7.AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED JUNE
3,1947 AS BOOK 888, PAGE 353 OF OFFICIAL RECORDS.
THE LOCATION OF THE EASEMENT CANNOT BE DETERMINED FROM RECORD INFORMATION.
8.AN EASEMENT FOR PERMANENT TELECOMMUNICATIONS EASEMENT AND INCIDENTAL PURPOSES IN
THE DOCUMENT RECORDED DECEMBER 09, 2013 AS SERIAL NO. 2013-0047132 OF OFFICIAL RECORDS.
AFFECT: AS DESCRIBED IN SAID DOCUMENT.
TERMS AND PROVISIONS CONTAINED IN THE ABOVE DOCUMENT.
9.THERE APPEARS TO BE NO DEED OF TRUST/MORTGAGE(S) FOUND OF RECORD ON SAID PROPERTY. IF
YOU HAVE ANY INFORMATION THAT STATES OTHERWISE, PLEASE CONTACT YOUR CLOSING OFFICER
IMMEDIATELY. WE WILL REQUIRE AN AFFIDAVIT OF DEBTS AND LIENS TO BE EXECUTED BY THE
PARTIES LISTED ON SCHEDULE “A” OF THIS PRELIMINARY REPORT.
10.WITH RESPECT TO LEEN-TABLE MOUNTAIN LLC, A LIMITED LIABILITY COMPANY:
A.A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO;
B.IF IT IS A CALIFORNIA LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS ARTICLES OF
ORGANIZATION (LLC-1) AND ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF
AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) BE RECORDED IN
THE PUBLIC RECORDS;
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C.IF IT IS A FOREIGN LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS APPLICATION FOR
REGISTRATION (LLC-5) BE RECORDED IN THE PUBLIC RECORDS;
D.WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER
DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED
FOR RECORDATION BY THE COMPANY OR UPON WHICH THE COMPANY IS ASKED TO RELY, THAT
SUCH DOCUMENT OR INSTRUMENT BE EXECUTED IN ACCORDANCE WITH ONE OF THE FOLLOWING,
AS APPROPRIATE:
(I)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR
ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH
DOCUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED
OFFICERS, AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT OR ANY VICE
PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER
OR ANY ASSISTANT TREASURER;
(II)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR
MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED
PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT MUST
BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED
LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER.
E.OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE
MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE.
THE FOLLOWING EXCEPTIONS AFFECT PARCEL II:
11.PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE
FISCAL YEAR 2022-2023 THAT ARE A LIEN NOT YET DUE.
12.GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2021-2022.
FIRST INSTALLMENT:$63.41 MARKED PAID
PENALTY:$0.00
SECOND INSTALLMENT:$63.41 NOT MARKED PAID
PENALTY:$0.00
ASSESSMENT NO.041-330-028
13.THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE
PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4
RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE
OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR
AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO THE DATE OF
THE POLICY.
14.A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND
INCIDENTAL PURPOSES
FOR: POLE LINE
RECORDED: NOVEMBER 3, 1932, IN BOOK 61, PAGE 251, OFFICIAL RECORDS.
AFFECTS: THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST,M.D.B. & M
15.THERE APPEARS TO BE NO DEED OF TRUST/MORTGAGE(S) FOUND OF RECORD ON SAID PROPERTY. IF
YOU HAVE ANY INFORMATION THAT STATES OTHERWISE, PLEASE CONTACT YOUR CLOSING OFFICER
IMMEDIATELY. WE WILL REQUIRE AN AFFIDAVIT OF DEBTS AND LIENS TO BE EXECUTED BY THE
PARTIES LISTED ON SCHEDULE “A” OF THIS PRELIMINARY REPORT.
16.WITH RESPECT TO LEEN-TABLE MOUNTAIN LLC, A LIMITED LIABILITY COMPANY:
A.A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO;
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B.IF IT IS A CALIFORNIA LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS ARTICLES OF
ORGANIZATION (LLC-1) AND ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF
AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) BE RECORDED IN
THE PUBLIC RECORDS;
C.IF IT IS A FOREIGN LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS APPLICATION FOR
REGISTRATION (LLC-5) BE RECORDED IN THE PUBLIC RECORDS;
D.WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER
DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED
FOR RECORDATION BY THE COMPANY OR UPON WHICH THE COMPANY IS ASKED TO RELY, THAT
SUCH DOCUMENT OR INSTRUMENT BE EXECUTED IN ACCORDANCE WITH ONE OF THE FOLLOWING,
AS APPROPRIATE:
(I)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR
ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH
DOCUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED
OFFICERS, AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT OR ANY VICE
PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER
OR ANY ASSISTANT TREASURER;
(II)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR
MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED
PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT MUST
BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED
LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER.
E.OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE
MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE.
THE FOLLOWING EXCEPTIONS AFFECT PARCEL III:
17.PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE
FISCAL YEAR 2022-2023 THAT ARE A LIEN NOT YET DUE.
18.GENERAL AND SPECIAL TAXES AND ASSESSMENTS FOR THE FISCAL YEAR 2021-2022.
FIRST INSTALLMENT:$235.75 MARKED PAID
PENALTY:$0.00
SECOND INSTALLMENT:$235.75 NOT MARKED PAID
PENALTY:$0.00
ASSESSMENT NO.041-330-064
19.THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE
PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4
RESPECTIVELY (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE
OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A; OR
AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO THE DATE OF
THE POLICY.
20. A RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND
INCIDENTAL PURPOSES
FOR: POLE LINE
RECORDED: NOVEMBER 4, 1940, IN BOOK 243, PAGE 423,OFFICIAL RECORDS.
REFERENCE SAID DOCUMENT FOR EXACT LOCATION.
21. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND
INCIDENTAL PURPOSES
FOR: ROAD AND PUBLIC UTILITIES PURPOSES
RECORDED: JUNE 30, 1981, IN BOOK 2635, PAGE 450,
OFFICIAL RECORDS.
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REFERENCE IS HEREBY MADE TO THAT CERTAIN RECORD OF SURVEY RECORDED ON JULY 22, 1981, IN
BOOK 78 OF MAPS, AT PAGE(S) 90,BUTTE COUNTY RECORDS, FOR THE EXACT LOCATION.
22.ANY RIGHTS OR CLAIMS BY REASON OF MATTERS THAT MAY BE DISCLOSED BY THAT CERTAIN RECORD
OF SURVEY RECORDED: JULY 22, 1981, IN BOOK 78, OF MAPS, AT PAGE(S) 90, BUTTE COUNTY RECORDS.
23.THERE APPEARS TO BE NO DEED OF TRUST/MORTGAGE(S) FOUND OF RECORD ON SAID PROPERTY. IF
YOU HAVE ANY INFORMATION THAT STATES OTHERWISE, PLEASE CONTACT YOUR CLOSING OFFICER
IMMEDIATELY. WE WILL REQUIRE AN AFFIDAVIT OF DEBTS AND LIENS TO BE EXECUTED BY THE
PARTIES LISTED ON SCHEDULE “A” OF THIS PRELIMINARY REPORT.
24.WITH RESPECT TO LEEN-TABLE MOUNTAIN LLC, A LIMITED LIABILITY COMPANY:
A.A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO;
B.IF IT IS A CALIFORNIA LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS ARTICLES OF
ORGANIZATION (LLC-1) AND ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF
AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) BE RECORDED IN
THE PUBLIC RECORDS;
C.IF IT IS A FOREIGN LIMITED LIABILITY COMPANY, THAT A CERTIFIED COPY OF ITS APPLICATION FOR
REGISTRATION (LLC-5) BE RECORDED IN THE PUBLIC RECORDS;
D.WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER
DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED
FOR RECORDATION BY THE COMPANY OR UPON WHICH THE COMPANY IS ASKED TO RELY, THAT
SUCH DOCUMENT OR INSTRUMENT BE EXECUTED IN ACCORDANCE WITH ONE OF THE FOLLOWING,
AS APPROPRIATE:
(I)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR
ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH
DOCUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED
OFFICERS, AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT OR ANY VICE
PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER
OR ANY ASSISTANT TREASURER;
(II)IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR
MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED
PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT MUST
BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED
LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER.
E.OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE
MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE.
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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.
NOTES:
A.THE INSURANCE CONTEMPLATED BY THIS TRANSACTION SHALL BE ISSUED IN FAVOR TBD OF ITS
SUCCESSORS AND/OR ITS ASSIGNS IN THE AMOUNT OF $.00 PURSUANT TO A DEED OF TRUST FROM
TBD , AND AN OWNER'S POLICY IN THE AMOUNT OF $.00 PURSUANT TO A DEED EXECUTED BY
DEBORAH LEEN, NELS LEEN
B.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:
GRANT DEED RECORDED NOVEMBER 10, 2020 AS INSTRUMENT NO. 2020-0046993
C.NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH
CLTA ENDORSEMENT FORM 100 TO AN ALTA POLICY, WHEN ISSUED.
D.THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 041-330-028, 041-330-029,
041-330-064, IN THE CITY OF OROVILLE, COUNTY OF BUTTE, STATE OF CALIFORNIA.
E.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.
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LEGAL DESCRIPTION
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE UNINCORPORATED AREA OF THE
COUNTY OF BUTTE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL I:
THE EAST HALF OF THE NORTHEAST QUARTER; THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER; THE EAST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHEAST QUARTER; AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
ALL IN SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, M.D.B. & M.
EXCEPTING THEREFROM THOSE PARCELS OF LAND DESCRIBED IN DEED FROM MAGGIE
JOSEPH MEDINA, ET AL, TO THE STATE OF CALIFORNIA, DATED AUGUST 19, 1958, AND
RECORDED DECEMBER 17, 1958, UNDER BUTTE COUNTY RECORDER'S SERIAL NO. 11782
AND
IN DEEDS FROM MAGGIE JOSEPH DEIGO, ET AL, TO THE STATE OF CALIFORNIA, DATED
AUGUST 19, 1958 AND RECORDED FEBRUARY 2, 1959, UNDER BUTTE COUNTY RECORDER'S
SERIAL NOS. 15102 AND 15103.
ALSO EXCEPTING THEREFROM THAT PORTION DEEDED TO THE COUNTY OF BUTTE KNOWN AS
VINTAGE GULCH ROAD, BY DOCUMENT RECORDED JULY 9, 1970, IN BOOK 1623, PAGE 98,
OFFICIAL RECORDS.
PARCEL II:
ALL THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING SOUTH
OF THE PUBLIC ROAD LEADING FROM PENTZ TO CHEROKEE AND DEADWOOD,
AS THE SAME EXISTED IN 1902:
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, M.D.B. & M.
EXCEPTING THEREFROM ALL THAT PORTION DEEDED TO THE STATE OF
CALIFORNIA BY DEED RECORDED SEPTEMBER 7, 1960, IN BOOK 1076, PAGE
22, OFFICIAL RECORDS.
PARCEL III-A:
LOT 2, IN SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, M.D.B. & M.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LOT 2 LYING
NORTHERLY AND EASTERLY OF THE OROVILLE CONCOW ROAD, AS THE SAME
EXISTED ON JULY 1, 1957.
ALSO EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO NAOMI
RUTH HEALD, ET AL, BY DEED RECORDED JUNE 30, 1981, IN BOOK 2635,
PAGE 450, OFFICIAL RECORDS, BEING DESCRIBED AS FOLLOWS:
ALL THAT REAL PROPERTY SITUATED IN LOT 2, SECTION 29, TOWNSHIP 21
NORTH, RANGE 4 EAST, M.D.B. & M., AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 29 FROM
WHICH THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 01 DEG.
24' 16" EAST 607.25 FEET, SAID POINT BEING ON THE NORTHERLY
BOUNDARY OF THE SPRING VALLEY MINING AND IRRIGATION CO., PLACER
Page 8 of 15
MINE AND THE SOUTHEAST CORNER OF LOT 2, SECTION 29; THENCE WESTERLY
ALONG SAID SOUTH LINE OF SAID LOT 2 SOUTH 80 DEG. 07' 45" WEST 54.08
FEET; THENCE NORTH 61 DEG. 17' 15" WEST 236.48 FEET; THENCE SOUTH 84
DEG. 27' 45" WEST, 138.14 FEET; THENCE SOUTH 72 DEG. 49' 45" WEST
597.99 FEET; THENCE NORTH 79 DEG. 32' 15" WEST 222.05 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 66 DEG. 27' 24" EAST, 168.65
FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 150 FEET, A CENTRAL ANGLE OF 16 DEG. 04' 58", THE ARC
LENGTH OF WHICH IS 42.10 FEET; THENCE NORTH 82 DEG. 32' 22" EAST
338.80 FEET; THENCE ALONG A TANGENT CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 350 FEET, A CENTRAL ANGLE OF 20 DEG. 35' 52"
THE ARC LENGTH OF WHICH IS 125.82 FEET; THENCE NORTH 61 DEG. 56'
30" EAST 51.62 FEET; THENCE ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 350 FEET, A CENTRAL ANGLE OF 41
DEG. 27' 18", THE ARC LENGTH OF WHICH IS 253.23 FEET; THENCE
NORTH 20 DEG. 29' 12" EAST 61.41 FEET TO A POINT IN THE
CENTERLINE OF CHEROKEE ROAD, SAID POINT BEING THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY THE RADIUS POINT OF WHICH BEARS NORTH
20 DEG. 29' 12" EAST; THENCE EASTERLY ALONG SAID CURVE HAVING A
RADIUS OF 200 FEET, A CENTRAL ANGLE OF 18 DEG. 18' 34" THE ARC
LENGTH OF WHICH IS 63.91 FEET; THENCE CONTINUING EASTERLY ALONG
SAID CENTERLINE SOUTH 87 DEG. 49' 22" EAST 236.32 FEET TO THE
EAST LINE OF SAID SECTION 29; THENCE SOUTHERLY ALONG SAID EAST
LINE SOUTH 01 DEG. 24' 16" EAST, 362.33 FEET TO THE POINT OF
BEGINNING.
PARCEL III-B:
AN EASEMENT FOR ROAD, PUBLIC UTILITY AND STORAGE PURPOSES,
TOGETHER WITH OVERHEAD PRIVILEGES IN LOT 2, SECTION 29, TOWNSHIP
21 NORTH, RANGE 4 EAST, M.D.B. & M., AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 29 FROM
WHICH THE SOUTHEAST CORNER OF SAID SECTION 29 BEARS SOUTH 01 DEG.
24' 16" EAST, 607.25 FEET, SAID POINT BEING ON THE NORTHERLY
BOUNDARY OF THE SPRING VALLEY MINING AND IRRIGATION CO., PLACER
MINE AND THE SOUTHEAST CORNER OF LOT 2, SECTION 29; THENCE
WESTERLY ALONG SAID SOUTH LINE OF SAID LOT 2 SOUTH 80 DEG. 07'
45" WEST 54.08 FEET; THENCE NORTH 61 DEG. 17' 15" WEST 236.48
FEET TO THE TRUE POINT OF BEGINNING FOR SAID EASEMENT; THENCE
SOUTH 84 DEG. 27' 45" WEST, 138.14 FEET; THENCE SOUTH 72 DEG. 49'
45" WEST 597.99 FEET; THENCE NORTH 79 DEG. 32' 15" WEST 222.05
FEET; THENCE LEAVING SAID SOUTH LINE NORTH 66 DEG. 27' 24" EAST
168.65 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 150 FEET, A CENTRAL ANGLE OF 16 DEG. 04' 58"
THE ARC LENGTH OF WHICH IS 42.10 FEET; THENCE NORTH 82 DEG. 32'
22" EAST 338.80 FEET; THENCE ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 350 FEET A CENTRAL ANGLE OF 20
DEG. 35' 52" THE ARC LENGTH OF WHICH IS 125.82 FEET; THENCE NORTH
61 DEG. 56' 30" EAST 51.62 FEET; THENCE ALONG A TANGENT CURVE CONCAVE
NORTHWESTERLY, HAVING A RADIUS OF 350 FEET, A CENTRAL ANGLE OF 41 DEG
27' 18" THE ARC LENGTH OF WHICH IS 126.61 FEET; THENCE SOUTHEASTERLY TO
THE TRUE POINT OF BEGINNING.
SAID EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO LOT 2, IN
SECTION 29, TOWNSHIP 21 NORTH, RANGE 4 EAST, M.D.B. & M.
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EXCEPTING THEREFROM ALL THAT PORTION OF SAID LOT 2, LYING
NORTHERLY AND EASTERLY OF THE OROVILLE CONCOW ROAD, AS THE SAME
EXISTED JULY 1, 1957.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED BY DEED FROM
SPRING VALLEY MINERALS, INC. TO NAOMI RUTH HEALD, ET AL, RECORDED
JUNE 30, 1981, IN BOOK 2635, PAGE 450, OFFICIAL RECORDS.
APN: 041-330-029, 041-330-028, 041-330-064
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EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (02-03-10)
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;(d)improvements on the Land;
(b)zoning;(e)land division; and
(c)land use;(f)environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19,20,23 or27.
2.The failure of Your existing structures,or any part of them,to be constructed inaccordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3.Theright to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17.
4.Risks:
(a)that are created,allowed,or agreed to by You,whether or not theyare recorded in the Public Records;
(b)that are Known to You at the Policy Date,but not to Us,unless they are recordedin 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 coveragedescribed in Covered Risk7,8.e.,25,26,27 or 28.
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 11 or 21.
7.Thetransfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer orconveyance under federal bankruptcy,state
insolvency,or similar creditors'rightslaws.
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.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16:1%of Policy Amount or $2,500.00 (whichever is less)$10,000.00
Covered Risk 18:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 19:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00
Covered Risk 21:1%of Policy Amount or $2,500.00 (whichever is less)$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
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 building and zoning
ordinances and also laws and regulations concerning:
(a)and use
(b)improvements on the land
(c)and division
(d)environmental protection
This exclusion does not apply to violations or the enforcement of these matters whichappearin the public recordsat Policy Date.
This exclusion does not limit the zoning coverage described in Items12 and 13 of Covered Title Risks.
2.Theright to take theland by condemningit,unless:
(a)a notice of exercising the right appears in the public records onthe Policy Date
(b)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:
(a)that are created,allowed,or agreed to by you
(b)that are known to you,but not to us,on the Policy Date --unlessthey appeared in thepublic records
(c)that result in no loss to you
(d)that first affect your title after the Policy Date --thisdoes not limit the labor andmaterial lien coverage in Item 8 of Covered Title
Risks
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 Item 3 of Schedule AOR
(b)in streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 ofCovered Title Risks.
Page 11 of 15
2006 ALTA LOAN 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 orlimit the coverage provided under Covered Risk 6.
2.Rights ofeminent domain.This Exclusion does not modify or limit the coverage providedunder Covered Risk 7 or 8.
3.Defects,liens,encumbrances,adverse claims,orother 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 anInsured 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, 13, or 14); or
(e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for theInsured Mortgage.
4.Unenforceability of the lien of the InsuredMortgage becauseof the inability or failure of an Insured to comply withapplicable doing-
business laws ofthe 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.
6.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.
7.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
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:
1.(a)Taxes or assessments that arenot 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 recordsof 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 completeland 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 materialnot shownbythe public records.
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 orlimit the coverage provided under Covered Risk 6.
2.Rights ofeminent domain.This Exclusion does not modify or limit the coverage providedunder Covered Risk 7 or 8.
3.Defects, liens, encumbrances, adverse claims, or other matters
Page 12 of 15
(a)created, suffered, assumed, or agreed to by the Insured Claimant;
(b)not Known to the Company,not recorded in the Public Records at Dateof 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 anInsured 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 9 or 10); or
(e)in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.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.
5.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:
1.(a)Taxes or assessments that arenot 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 recordsof 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 completeland 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 materialnot shownbythe public records.
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 ofeminent domain.This Exclusion does not modify or limit the coverage provided underCovered Risk 7 or 8.
3.Defects,liens,encumbrances,adverse claims,orother 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 Dateof 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 anInsured 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 sustainedif the Insured Claimant hadpaid valuefor the Insured Mortgage.
4.Unenforceability of the lien of the InsuredMortgage becauseof the inability or failure of an Insured to comply withapplicable doing-
business laws ofthe 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 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.
7.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.
8.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.
Page 13 of 15
9.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.
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY –1990
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys’ fees or expenses) which arise by reason of:
1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real
property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings,
whether or not shown by the records of such agency or by the public records.
2.Any facts,rights,interest,or claimswhich are not shown bythe public recordsbut 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 factswhich acorrectsurvey 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.
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 change in the dimensionsor
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 orother matters:
(a)whether or not recorded in 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 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 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 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 of insolvency or similar creditors’ rights laws.
Page 14 of 15
PRIVACY INFORMATION
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now an 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. We agree that you have 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 sources, 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 our information. We restrict access to nonpublic personal
information about you to those individuals and entitles 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
Business Relationships
First American Financial Corporation’s site and it’s 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 site 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 harddrive.
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.
Fair Information Values
FairnessWe 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.
Page 15 of 15
The map attached, if any, may or may not be a survey of the land depicted hereon. Timios Title and it’s
Underwriters 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.
MAP