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Resolution Number 05-10-18-03RESOLUTION NO. 05-10-18-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING LOT 217, TRACT 12954, LOCATED ON RANCHO VIEJO ROAD, IDENTIFIED AS ASSESSOR PARCEL NUMBER 650-592-02, AS SURPLUS WHEREAS, the City is Fee Simple Owner of Lot 217 of Tract 12954 (Assessor Parcel Number 650-592-02) located on Rancho Viejo Road, San Juan Capistrano, California; and, WHEREAS, the property was acquired as public and institutional designation for the purpose of relocating the Fire Station on Del Obispo; and, WHEREAS, the City has identified the property no longer necessary for the relocation of the fire station. community or cultural center; and, WHEREAS, the City wishes to sell the real property, identified in Exhibit A attached hereto and incorporated herein, in accordance with Government Code Section 54221, at. seq. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby declare Lot 217 of Tract 12954 as "surplus property" and directs staff to proceed to dispose of the real property in accordance with its rules and procedures. PASSED, APPROVED, AND ADOPTED this 18`h day of October 2005. ATTEST: MONAHAN, CITY CLERK will iK, O. 10-18-2005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do hereby certify that the foregoing Resolution No. 05-10-18-03 was duly adopted by the City Council of the City of San Juan Capistrano at a Regular meeting thereof, held the 18th day of October 2005, by the following vote: AYES: COUNCIL MEMBERS: Allevato, Bathgate, Soto, & Swerdlin NOES: COUNCIL MEMBER: Mayor Hart ABSENT: COU CIL IG MBER: None AR ARET R. MONAHAN, City Clerk Form No. 1068.2 ALTA Plain Language Commitment Commitment No„ O -SA -1199344 Page Number: 1 FIRST AMERICAN TITLE INSURANCE COMPANY INFORMATION The Title Insurance Commitment Is a legal contract between you and the company. It Is issued to show the basis on which we will Issue a Title Insurance Policy to you. The Policy will Insure you against certain risks to the land title, subject to the limitations shown In the policy, The Company will give you a sample of the Policy form, If you ask, The Commitment Is based on the land title as of the Commitment Date. Any changes In the land title or the transaction may affect the Commitment and the Policy, The Commitment is subject to Its Requirements, Exceptions and Conditions. This Information Is not part of the title Insurance commitment. TABLE OF CONTENTS Agreement to Issue Policy Schedule A Page 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-1- Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. F1r5tAmer1can TWO EXHIBIT A Form No. 1068.2 ALTA Plaln Language Commitment COMMITMENT FOR TITLE INSURANCE Issued by First American Title Company Agreement to Issue Policy We agree to Issue a policy to you according to the terms of this Commitment. Commitment No.: O -SA -1199W Page Number: 2 When we show the policy amount and your name as the proposed Insured In Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown In this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy Is Issued and then our obligation to you will be under the Policy. Our obligation under this Commitment Is limited by the following; The Provisions in Schedule A. The Requirements in Schedule B-1, The Exceptions In Schedule B-2, The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. FlrstAmerlcan Title Forth No. 1068.2 ALTA Plain Language Commitment 1 Commitment No,: O -SA -1199344 Page Number: 3 SCHEDULE A 1. Commitment Date: September 26, 2003 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Loan Policy $[7] Proposed Insured: Lel 3, (A) The estate or Interest In the land described In this Commitment Is: A fee. (B) Title to said estate or Interest at the date hereof Is vested In: The City of San Juan Capistrano 4. The land referred to In this Commitment Is described as follows: FbytAmerlcan Title Form No, 1068^2 ALTA Plain Language Commitment ! 'Commitment No,: 0.9A-1199344 Page Number 4 Real property in the City of San Juan Capistrano, County of Orange, State of California, described as follows; LOT 217 OF TRACT N0, 12954, AS SHOWN ON A MAP RECORDED IN BOOK 597, PAGES 1 TO 34 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, APN:650-592-02 and 650-592-01 FlrstAmerlean Title Form No. 1066-2 ALTA Plain Language Commitment SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: I Commitment No.: O -SA -1199344 Page Number: 5 (A) Pay the agreed amounts for the Interest In the land and/or the mortgage to be Insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the Interest in the land and/or the mortgage to be Insured must be signed, delivered and recorded, (D) You must tell us in writing the name of anyone not referred to In this Commitment who will get an Interest In the land or who will make a loan on the land, We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): Nos. 20, 30 and 31 (F) Other: None (G) You must give us the following Information: 1. Any off record leases, surveys, etc, 2. Statement(s) of Identity, all parties. 3. Other: None Flat Amerkan Title Form No. 1068.2 ALTA Plaln Language Commltment SCHEDULE B SECTION TWO EXCEPTIONS Commidnent No,: O -SA -1199344 Page Number: 6 Any policy we Issue will have the following exceptions unless they are taken care of to our satisfaction, The printed exceptions and exclusions from the coverage of the policy or policies are set forth In Exhibit A attached. Copies of the policy forms should be read. They are available from the office which Issued this Commitment. 2. 3. 4. 91 7. General and special taxes for the fiscal year 2003-2004, are unsegregated at this time, APN(s): 650-592-02 TRA No.: 23-039 General and special taxes for the fiscal year 2003.2004, are unsegregated at this time. APN(s): 650-592-01 TRA No.: 23.012 The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. An easement for either or both pole lines, conduits and Incidental purposes, recorded December 1, 1949 as Book 1933 Page 402 of Official Records, In Favor of: San Diego Consolidated Gas and Electric Company Affects: A portion of Lots 216 and 217. A portion of said easement was quitclalmed by a Quitclaim of Easement recorded January 17, 1989 as Instrument No, 89-253832 of Official Records. An easement for line or lines, or wood poles or steel towers, etc., for the transmission and distribution of electricity and for telephone and Incidental purposes, recorded as Book 1065 Page 56 of Official Records, In Favor of: San Diego Consolidated Gas and Electric Company Affects: A portion of the Land An easement for either or both pole lines, conduits and Incidental purposes, recorded January 21, 1941 as Book 1074 Page 407 of Official Records. In Favor of: San Diego Consolidated Gas and Electric Company Affects) A portion of the Land An easement for either or both pole lines, conduits and Incidental purposes, recorded December 1, 1949 as Book 1933 Page 398 of Official Records. In Favor of: San Diego Consolidated Gas and Electric Company Affects: A portion of the Land FlrstAmerlcan Mie Form No, 1068-2 Commltment No.; O -SA -1199344 ALTA Plain Language Commitment Page Number: 7 8, An easement for guy poles and incidental purposes, recorded November 26, 1957 as Book 4116 Page 141 of Official Records. In Favor of: San Diego Consolidated Gas and Electric Company Affects: A portion of the Land 9, The fact that the ownership of said land does not Include any rights of Ingress or egress to or from the State Highway, sold rights having been relinquished by the Deed from Alice N, Bucheim to the State of California, recorded April 15, 1958 In Book 4255 page 564 of Official Records, provided, however, that the remaining property shall abut upon and have access,as hereafter provided, to said frontage road which will be connected to said freeway only at such points as may be established by public authority, and provided further, that said last mentioned remaining property shall have access to EI Horno street by means of a crossing under said freeway, 10. An easement for relocation of a pipeline and incidental purposes, recorded September 17, 1959 as Book 4886 Page 105 of Official Records. In Favor of: State of California Affects: The Land 11, An easement for Ingress, egress, pipe line and Incidental purposes, recorded March 14, 1963 as Book 6466 Page 628 of Official Records. In Favor of: County of Orange, for and in behalf of Orange County Waterworks District No. 4 Affects: A portion of the Land 12. An easement for Ingress, egress, pipe line and incidental purposes, recorded March 15, 1966 as Book 7869 Page 15 of Official Records. In Favor of: The County of Orange, for and In behalf of Orange County Water Works District No. 4 Affects: A strip of Land 20.00 feet In width, affecting a portion of the Land 13, Abutter's rights of Ingress and egress to or from highway and/or freeway have been relinquished In the document recorded November 16, 1966 as Book 8104 Page 565 of Official Records, 14. An easement for a line or lines, or wood poles or steel towers, and wires and/or cable suspended thereon and supported thereby, and underground conduits, cables, vaults, and manholes, for the transmission and distribution of electricity and for all other and Incidental purposes, recorded July 25, 1967 as Book 8320 Page 514 of Official Records. In Favor of: San Diego Consolidated Gas and Electric Company Affects: A portion of said Lots 1,, 2, 218, 219 and 220 and Golf Club Drive 15, Abutter's rights of Ingress and egress to or from highway and/or freeway have been relinquished In the document recorded April 17, 1972 as Book 10085 Page 70 of Official Records. FhstAmertcan TWe Form No. 1068.2 ALTA Plain Language Commitment Commitment No,: O-SA•1199344 Page Number: 8 16. An easement for Waterline, utility and Incidental purposes, recorded November 30, 1979 as Book 13414 Page 1660 of Off lclaI Records. In Favor of: Capistrano Acres Mutual Water Company, a California Corporation Affects: A portion of the Land 17. An easement for water line and utility and Incidental purposes in the document recorded November 30, 1979 as Book 13914 Page 1662 of Official Records. 18. The terms and provisions contained in the document entitled "Agreement" recorded January 3, . 1980 as Book 13456 Page 1426 of Offlclal Records, 19. The terms and provisions contained In the document entitled "Reimbursement Agreement" recorded December 3, 1981 as Book 14310 Page 1355 of Official Records. 20. A deed of trust to secure an original indebtedness of $14,500,000.00 recorded March 16, 1987 as Instrument No. 87-140669 of Official Records, Dated: March 16, 1987 Trustor: The Fairway Land Company, a Corporation Trustee: Centralfed Financial Services, Inc. Beneflciary: Central Savings and Loan Association, a Corporation A document recorded August 27, 1987 as Instrument No. 87.487977 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. According to the public records, the beneficial interest under the deed of trust was assigned to Baccarat Electronics, Inc, by assignment recorded February 4, 1988 as Instrument No. 88.53033 of Official Records. A document recorded July 3, 1996 as Instrument No. 96-338928 of Official Records provides that Baccarat Electronics, Inc. was substituted as trustee under the deed of trust. Said deed of trust affects the undeiying property, 21. The terms and provisions contained In the document entitled "Reimbursement Agreement for Construction of Rancho Viejo Road" recorded October 7, 1987 as Instrument No. 87-565077 of Official Records. 22, The terms and provisions contained in the document entitled "Surety Agreement for Grading, Landscaping and On -Site Improvements (Including Golf Course)" recorded October 7, 1987 as Instrument No. 87-565078 of Official Records. 23. The terms and provisions contained in the document entitled "Subdivision Improvement Agreement" recorded October 7, 1987 as Instrument No, 87-565079 of Official Records, 24, The dedication to the City of San Juan Capistrano of the Sanitary Sewer System and Appurtenances and the storm drain system and appurtenances, as shown on the Improvement Plans for said Tract, First Amerlean Tide Form No. 1068-2 'Commitment No,: O•SA•1199344 ALTA Plain Language Commitment Page Number 9 25, Abutter's rights of Ingress and egress to or from Rancho Viejo Road have been dedicated or relinquished on the filed Map, 26. The recital on the Map of said Tract that Lot 217 Is for public Institutional purposes. 27, The terms and provisions contained In the document entitled "Certificate of Correction" recorded March 7, 1988 as Instrument No. 88.101888 of Official Records, 28. The terms and provisions contained In the document entitled "Certificate of Correction" recorded March 8, 1988 as Instrument No. 88-105141 of Official Records. 29. An irrevocable offer to dedicate to Capistrano Valley Water District a Domestic Water System and all appurtenances as shown on said Tract, as set forth In an Instrument recorded June 29, 1988 as Instrument No. 88-311177 of Official Records, 30. The effect of a deed of trust to secure an original Indebtedness of $32,875,000.00 recorded November 2, 1988 as Instrument No, 88-564176 of Official Records. Dated: August 16, 1988 Trustor: Marbella Development Company, a California General Partnership Trustee: First American Title Insurance Company, a California Corporation Beneficiary: Baccarat Electronics, Inc., a California Corporation At the date of recording of said Instrument, the parties therein had no record Interest In the therein described land, nor have they since acquired any such Interest. A document recorded July 3, 1996 as Instrument No. 96-338924 of Official Records provides that Baccarat Electronics, Inc, was substituted as trustee under the deed of trust. 31. The effect of a financing statement recorded December 5, 1988 as Instrument No. 88-630950 of Official Records. Debtor: Marbella Development Company Secured party: Baccarat Electronics, Inc. At the date of recording of said Instrument, the parties therein had no record Interest in the herein described land, nor have they since acquired any such Interest. 32. The terms and provisions contained in the document entitled "Agreement Establishing Slope Displacement Warranty Program" recorded December 27, 1988 as Instrument No, 88-672800 of Official Records, FlrstAmerlcan Tide Form No. 1066-2 ALTA Plain Language Commitment INFORMATIONAL NOTES Commitment No,: O -SA -1199344 Page Number: 10 1. This report Is preparatory to the Issuance of an ALTA Loan Policy, The property covered by this report is vacant land, 2. According to the public records, there has been no.conveyance of the land withln a period of twenty-four months prior to the date of this report, except as follows; None 3. Basic rate applies. FIrstAmer/can Title Form No. 1068.2 ALTA Plain Language commitment VaUl I Z P-1 A .1114 E S�. I Commitment No.: 0 -SA -U99344 Page Number 11 First American Title Company, Demand/ Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB Santa Ana Branch 421 North Main Street Santa Ana, California 92701 ABA 122241255 Credit to First American Title Company Account No. 15040 Reference Title Order Number O -SA -1199344, and Title Officer Jeff Paschal Please wire the day before recording. Also, notify the Title Officer of your intent to wire. 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. FlrstAmerlcan Title Form No. 1066-2 ALTA Plain Language Commitment CONDITIONS Commitment No.: O -SA -1199344 Page Number 12 1, DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security Instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land Is located, 2. LATER DEFECTS The Exceptions In Schedule B - Section Two may be amended to show any defects, liens or encumbrances that appear for the first time In the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section One are met. We shall have no liability to you because of this amendment, 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this Information and did not tell us about It in writing, 4. LIMITATION OF OUR LIABILITY Our only obligation Is to Issue to you the Policy referred to In this Commitment, when you have met Its Requirements. If we have any liability to you for any loss you Incur because of an error In this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted In good faith to: comply with the Requirements shown In Schedule B - Section One or eliminate with our written consent any Exceptions shown In Schedule B - Section Two. We shall not be liable for more than the Policy Amount shown In Schedule A of this Commitment and our liability Is subject to the terms of the Policy form to be Issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and Is subject to Its terms. FlrstAmerlcan Title Form No. 1068-2 Commitment No.: O -SA -1199344 ALTA Plain Language Commibnent Page Number: 13 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (arid the Company will not pay costs, attomeys'fees or expenses) which arise by reason of: I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes orassessmentson real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the publicrecords but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession thereof, 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c)water rights, dalms or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay IM 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 (1) 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 Isor 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 vlolation 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 vlolation or alleged violation affecting the land has been recorded In the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking Which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured claimant,, (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured dalmant had paid value for the Insured mortgage or for the estate or Interest Insured by this polity, 4. Unenforceablllty 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 Insolvency or similar creditors' rights laws. 2, AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant,, (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy and not disclosed in writing by the Insured claimant to the Company prior to. the date such Insured claimant became an Insured hereunder•, (c) resulting In no loss or damage to the Insured claimant; (d) attaching or FlrstAmerlon Title Form No, 1068-2 ALTA Plain Language Commitment Commitment No.: O -SA -1199344 Page Number: 14 created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM S - 1970 WM REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULE E This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public. records. 5. Unpatented mining claims; reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights, Claims or We to water, 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, Imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE I. Any law, ordinance or governmental regulation (Including but not limited to bullding and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or endooyyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohlblting a separation In ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. _ Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of -Policy, 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant, (b) not known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest Insured by this policy or acquired the Insured mortgage and not disclosed In writing by the Insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder, (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Data of Policy (except to the extent insurance Is afforded herein as to any statutory lien for labor or material or to the extent Insurance Is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy). 4. Unenforceabillty of the lien of the Insured mortgage because of failure of the Insured at date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state In which the land Is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth In paragraph 4 above are used and the following exceptions to coverage appear In the policy. SCHEDULE E This policy does not Insure against loss or damage by reason of the matters shown In parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons in possession thereof. 31 Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other, facts which a correct survey would disclose, and which are not shown by public records. s. Unpatented mining calms; reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water, 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. Flrst/lmerkan Title N� Mis {oma m �m 8 gp 3r g zQmp A A C C o 0. a t N O i R Description: Orange,CA Assessor Map 650.59 Selected Pages 1 Page 0 Order: 777 Comment: Ii, Form N6.1068-2 ''Commitment No.: O -SA -1199844 ALTA Plain Language Commitment Page Number: 16 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation in ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordlnances 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. Tdghts 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 DateofPolicy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded In the public recalls at Date of Policy, but created, suffered, assumed or agreed to by the Insured daimant; (b) not known to the Company, not recorded In the public retards at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent Insurance Is afforded herein as to assessments for street Improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not Have been sustained If the Insured claimant had paid value for the Insured mortgage. 4. Unenforceablllty of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable "doing business" laws of the state In which the land Is situated, 5. Invalidity or unenforceabllity of the lien of the Insured mortgage, or dalm thereof, which arises out of the transaction evidenced by the Insured mortgage andis based upon usury or any consumer credit protection or truth In lending law, 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arlsing from an Improvement or work related to the land which Is contracted for and commenced subsequent to Date of Policy and Is not financed In whole or In part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Policy the Insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (1) the transaction creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (II) the subordination of the Interest of -the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (III) the transaction creating the Interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation. to Impart notice to a purchaser for value or a judgment or lien creditor, 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the following exceptions to coverage appear In the policy. SCHEDULE B This policy does not Insure against loss or damage (and the Company wlll 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 allthorlty that levies taxes or assessments on real property or by the public records, 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4, Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FlatAmerlcan Mie Form No. 3068-2 ALTA Plain Language Commitment EXCLUSIONS FROM COVERAGE Commitment No.: O -SA -1199344 Page Number: 16 The following matters are expressly excluded from the coverage of this polity and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (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 (1) 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 (N) 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 govemmental 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 exerdse thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained N the Insured claimant had paid value for the estate or Interest insured by this policy. 4. Any claim, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that Is based on: (I) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (a) the transaction citing the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer; or (b) of such recordation to Impart notice to a purchaser for value or a Judgment or lien creditor, 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 3.992 WITH REGIONAL EXCEPTIONS When the American land Title Association policy Is. Used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 8 above are used and the following exceptions to coverage appear In the policy. - SCHEDULES This policy does not Insure against lass or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One; I . Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. - 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. S. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the Issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, Imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 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: * land use " land division * Improvements on the land * environmental protection This exclusion does not apply to vlolations or the enforcement of these matters which appear In the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. FlrstAmerlcan Rue Form No. 1068-2 ALTA Plain Language Commitment 'Commitment No,: O -SA -1199344 Page Number 17 2. The right to take the land by condemning It, unless: * a notice of exerdsing the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and Is binding on you If you bought the land without knowing of the taking, 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared In the public records * that result In no loss to you * that first affect your tide after the Policy Date - this does not limit the labor and material lien coverage In Item 8 of Covered Title Risks 4. Failure to pay value for your title, _ 5. Lack of a right: * to any land outside the area specifically described and referred to In Item 3 of Schedule A, or * In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (]Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions In Schedule 3, you are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation, This Includes ordinances, laws and regulations concerning; a, building b, zoning c. land use d. Improvements on the land e. land division f. environmental protection This excluslon does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears In the Public Records at the Policy Date. This exclusion does not limit the coverage described In Covered Risk 14, 15, 16, 17 or 24. 2, The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at the Policy Date. 3, The right to take the Land by condemning It, unless: a, a notice of exercising the right appears In the Public Records at the Pollcy Date; or b, the taking happened before the Policy Date and Is binding on You If You bought the Land without Knowing of the taking, 4, Risks; a. that are created, allowed, or agreed to by You, whether or not they appear In the Public Records; -- b. that are Known to You at the Policy Date, but not to Us, unless they appear In the Public Records at the Policy Date; c. that result In no loss to You; or d, that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25, S. Failure to pay value for Your Title. 6, Lack of a right; a, to any Land outside the area spedncaly 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 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: FlatAmerlcan Title Form No, 1068-2 Commitment No.: O -SA -1199344 ALTA Plain Language Commitment Page Number: 18 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) -- restricting, regulating, prohibiting or relating to (1) 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 noticeofthe enforcement thereof or a notice of a dsfe4 lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded In the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the Public Records at Date of Policy, but not excluding - from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge, 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage t0 the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting In loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceablllty of the Iden of the Insured Mortgage because of the Inability or failure of the Insured at Date of Policy, or the Inablllty 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, - - S. Invalidity or unenforceability of the Iden of the Insured Mortgage, or daim thereof, which arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury, except as provided In Covered Risk 27, or any consumer credit protection or truth In lending law. 6. Real property taxes or assessments of any governmental authority which become a Iden on the Land subsequent to Date of Policy, This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of Invalidity, unenforceability or lack of priority of the Iden of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by this policy. This exclusion does not limit the coverage provided In Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all Interest charged thereon; over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: -- (a) The time of the advance; or (b) The time a modification Is made to the terms of the Insured Mortgage which changes the rate of Interest charged, If the rate of Interest Is greater as a result of the modification than R would have been before the modification, This exclusion does not limit the coverage provided In Covered Risk 8. 9, The fallure of the residential structure, or any portdon thereof to have been constructed before, on or after Date of Policy In accordance with applicable building codes. This exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at Date of Policy. SCHEDULE B - This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection L1en Endorsement incorporated Into this Policy following Item 28 of Covered Risks: NONE. 13, SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the polity. SCHEDULE B This policy does not Insure against loss or damage (and thoCompany will not pay costs, attomeys' fees or expenses) which arise by reason of: Part One: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records, 2. Any facts, rights, Interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land or by making Inquiry of persons In possession thereof. 3. Easements, cairns of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. FlrstAmerlon Title Form No. 1068.2 ALTA Plain Language Commitment Commitment No.: O -SA -1199344 Page Number: 19 5. Unpatented mining claims; reservations or exceptions In patents or In acts authorizing the Issuance thereof; water rights, claims or title to water, 6, Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. Part Two: I. The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection lien Endorsement Incorporated Into this Policy following Item 28 of Covered Risks: None. - First American Title The First American Corporation First American Title Company Privacy Policy 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 u; 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 parent company, The First American Corporation, 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 which you provide to us. It does not govem the manner In which we may use Informationwe 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, a copy of which can be found on our website at www.firstam.com. 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 lite 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 appralsal 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 progedural safeguards that comply with federal regulptions to guard your nonpublic personal information.