HomeMy WebLinkAboutMISC24-0009 PTRPage 1 of 11
PRELIMINARY REPORT
To:Title Officer:
TIMIOS OROVILLE
TIMIOS TITLE
3044 OLIVE HIGHWAY
OROVILLE, CA 95966
TITLE OFFICER: RON CAMPBELL
TIMIOS TITLE
3044 OLIVE HIGHWAY
OROVILLE, CA 95966
ESCROW OFFICER: Tamara Miller
PHONE: (530) 298-6763
ESCROW NO: 71-00243776
Property Address:Title No:
2193 STANLEY DR 71-00243775
OROVILLE, CA, 95966-9545
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:
ALTA STANDARD OWNER’S POLICY 2021
ALTA LOAN POLICY 2021
Issued by: FIRST AMERICAN TITLE INSURANCE COMPANY
Dated as of:Sep 09, 2024 at 8:00 a.m.
The Estate or Interest in the land hereinafter described or referred to covered by this report is:
Fee/Easement
Title to said estate of interest at the date hereof is vested in:
JOSE M. DIAZ OCEGUEDA AND ARACELY DIAZ, HUSBAND AND WIFE AS JOINT TENANTS WITH RIGHT OF
SURVIVORSHIP
Page 2 of 11
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be
as follows:
1.PROPERTY TAX INFORMATION, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED
FOR THE FISCAL YEAR 2024-2025 ARE CURRENTLY NOT AVAILABLE. WE WILL PROVIDE AMOUNTS AND
STATUS PRIOR TO CLOSING.
2.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.
3.THE HEREIN DESCRIBED PROPERTY LIES WITHIN THE BOUNDARIES OF THE SOUTH FEATHER WATER &
POWER AGENCY (FORMERLY OROVILLE-WYANDOTTE IRRIGATION DISTRICT) ASSESSMENT DISTRICT
AND IS SUBJECT TO ALL TAXES, ASSESSMENTS AND OBLIGATIONS THEREOF. ANY AND ALL
ASSESSMENTS ARE COLLECTED WITH COUNTY TAXES. FURTHER INFORMATION MAY BE OBTAINED BY
CONTACTING:
SOUTH FEATHER WATER & POWER AGENCY (FORMERLY OROVILLE-WYANDOTTE IRRIGATION DISTRICT)
2310 OROVILLE-QUINCY HIGHWAY
OROVILLE, CA 95966
(530) 533-4578
M-F 8:00AM –5:00PM
IN ADDITION THERE MAY BE A CHARGE FOR THE INSTALLATION OF A BACKFLOW DEVICE.
4.COVENANTS AND CONDITIONS CONTAINED IN THE GRANT DEED, RECORDED JUNE 9, 1975, IN BOOK 1992,
PAGE 244, OFFICIAL RECORDS.
5. THE RIGHT TO CONSTRUCT, PLACE, INSPECT, MAINTAIN, REPLACE, REMOVE AND USE FACILITIES OF THE
TYPES STATED HEREIN AND OTHER INCIDENTAL PURPOSES
IN FAVOR OF: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CALIFORNIA CORPORATION
FACILITIES: UNDERGROUND CONDUITS, PIPES AND MANHOLES
RECORDED: APRIL 13, 1977, IN BOOK 2161, PAGE 457, OFFICIAL RECORDS.
AFFECTS: WITHIN THE EXISTING 60 FOOT PRIVATE ROAD RUNNING IN A GENERAL WEST-EAST
DIRECTION.
6. ROAD MAINTENANCE AGREEMENT AND OTHER INCIDENTALS EXECUTED BY: NICHOLAS R. STANLEY,
JR. AND JULIA K. STANLEY RECORDED: JULY 19, 1979, IN BOOK 2423, PAGE 22, OFFICIAL RECORDS.
AMENDMENTS TO SAID ROAD MAINTENANCE AGREEMENT RECORDED SEPTEMBER 10, 1980, IN BOOK
2548, PAGE 432, OFFICIAL RECORDS AND RECORDED NOVEMBER 12, 1980, IN BOOK 2568, PAGE 123,
OFFICIAL RECORDS.
7. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE STATED HEREIN, AND
INCIDENTAL PURPOSES FOR: INGRESS AND EGRESS RECORDED: SEPTEMBER 10, 1980, IN BOOK 2548, PAGE
424, OFFICIAL RECORDS.
8. A NON-EXCLUSIVE RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE
STATED HEREIN, AND INCIDENTAL PURPOSES FOR: ROAD AND PUBLIC UTILITIES RECORDED:
SEPTEMBER 10, 1980, IN BOOK 2548, PAGE 425, OFFICIAL RECORDS.
AFFECTS: STANLEY DR.
9.EASEMENTS AND SET BACK LINES AS SHOWN OR DEDICATED BY PARCEL MAP RECORDED: NOVEMBER
12, 1980, IN BOOK 79 OF MAPS, AT PAGE(S)
Page 3 of 11
10.A NON-EXCLUSIVE RIGHT OF WAY AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSE
STATED HEREIN, AND INCIDENTAL PURPOSES AS RESERVED FOR: ROAD AND PUBLIC UTILITIES
RECORDED: OCTOBER 13, 1981, IN BOOK 2665, PAGE 39, OFFICIAL RECORDS.
AFFECTS: STANLEY DR. AND ROCK HAVEN CT.
11. AGRICULTURAL STATEMENT OF ACKNOWLEDGEMENT FOR RESIDENTIAL DEVELOPMENT, EXECUTED
BY: DAVID E. JETT, ET AL RECORDED: NOVEMBER 4, 1981, IN BOOK 2671, PAGE 223, OFFICIAL RECORDS.
12.TERMS AND PROVISIONS AND RESTRICTIONS AS CONTAINED IN THE SECOND DWELLING UNIT DEED
RESTRICTION RECORDED NOVEMBER 5, 2007AS INSTRUMENT NO. 2007-0051894 OF OFFICIAL RECORDS.
13.MOBILEHOME INSTALLATION ON A FOUNDATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FROM THE BUTTE COUNTY BUILDING DEPARTMENT, DATED AUGUST 12, 2008,
RECORDED DECEMBER 2, 2010 BUTTE COUNTY RECORDER'S INSTRUMENT NO. 2010-0041902
14.A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW.
AMOUNT: $100,000/00
DATED:AUGUST 10, 2023
TRUSTOR: JOSE M. DIAZ OCEGUEDA AND ARACELY DIAZ, HUSBAND AND WIFE AS JOINT TENANTS
TRUSTEE: TIMIOS TITLE, A CALIFORNIA CORPORATION
BENEFICIARY:EZEQUIEL LARA, TRUSTEE OF THE EZEQUIEL LARA LIVING TRUST, DATED 10/19/2022
RECORDED:AUGUST 11, 2023 AS INSTRUMENT NO.2023-0020988 OF OFFICIAL RECORDS.
NOTES: IF THIS DEED OF TRUST OR MORTGAGE IS TO BE ELIMINATED IN THE POLICY OR POLICIES
CONTEMPLATED BY THIS REPORT/COMMITMENT, WE WILL REQUIRE ALL OF THE FOLLOWING PRIOR TO
THE RECORDATION OF ANY DOCUMENTS OR THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE:
I. ORIGINAL NOTE AND DEED OF TRUST OR MORTGAGE.
II. PAYOFF DEMAND STATEMENT SIGNED BY ALL PRESENT BENEFICIARIES OF THE DEED OF TRUST OR
MORTGAGE.
III. REQUEST FOR RECONVEYANCE OR RELEASE SIGNED BY ALL PRESENT BENEFICIARIES OF THE DEED
OF TRUST OR MORTGAGE.
15. THE POLICY CONTEMPLATED BY THIS REPORT/COMMITMENT WILL NOT INSURE THE TITLE TO ANY
MOBILE OR MANUFACTURED HOME THAT MAY BE LOCATED ON THE LAND.
16.WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS.
Page 4 of 11
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 OF TBD, 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 JOSE
M DIAZ OCEGUEDA, ARACELY DIAZ
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 APRIL 4, AS INSTRUMENT NO. 2023-0009326 OF OFFICIAL RECORDS.
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 2193 STANLEY DR, 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.
F.NOTE TAXES FOR PRORATION PURPOSES ONLY FOR THE FISCAL YEAR 2023-2024.
FIRST INSTALLMENT: $1,934.63 MARKED PAID
SECOND INSTALLMENT:$1,965.63 MARKED PAID
TAX RATE AREA: 092-007
ASSESSMENT NO.: 026-050-047
NOTE TAXES FOR PRORATION PURPOSES ONLY FOR THE FISCAL YEAR 2023-2024.
FIRST INSTALLMENT: $220.07 MARKED PAID
SECOND INSTALLMENT: $220.07 MARKED PAID
TAX RATE AREA: 092-007
ASSESSMENT NO.: 910-028-634
FEE NO.: 026-050-047
Page 5 of 11
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:
PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP, RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, ON
NOVEMBER 12, 1980, IN BOOK 79 OF MAPS, AT PAGE(S) 76.
PARCEL II:
A RIGHT OF WAY FOR ROAD PURPOSES 60 FEET IN WIDTH ACROSS A PORTION OF
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP
18 NORTH, RANGE 4 EAST, M.D.B. & M., LYING NORTHERLY OF AND ADJACENT TO
THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 5,
DISTANT NORTH 0° 40' WEST, 1150.68 FEET FROM THE CENTER OF SAID SECTION
5; THENCE SOUTH 53° 55' WEST, 490.22 FEET; THENCE SOUTH 44° 06' WEST,
239.10 FEET; THENCE SOUTH 88° 34' WEST, 70.92 FEET TO A POINT IN THE
EAST LINE OF PALERMO ROAD.
EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN THE BOUNDS OF PARCEL
I, DESCRIBED HEREIN.
APN: 026-050-047
Page 6 of 11
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 7 of 11
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 8 of 11
(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 9 of 11
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 10 of 11
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 11 of 11
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