PreliminaryReport 10 Audrey Ln

Embed Size (px)

Citation preview

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    1/18

    Order No. 520-1583719-60

    Page 1

    Orange Coast Title Company of Northern California1475 South Bascom Avenue, Ste 210

    Campbell, CA 95008(408) 371- 1700 Fax (408) 371 -5213

    PRELIMINARY REPORT

    BANC Home Loans Escrow Officer: Lucie Huynh

    100 N. Milpitas Blvd. ste. # 140Milpitas, CA 95035 Escrow No.:

    Attention: Luong Le Your no.:Property address: 10 Audrey Lane, Pleasant Hill, CA 94523 Order no.: 520-1583719-60

    Dated: June 23, 2014

    In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of Northern California 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 describingthe 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 inExhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forthin the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusiveremedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Po licies of Title Insurancewhich establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.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 B of this reportcarefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under theterms 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 the condition of title and may not list allliens, 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 titleinsurance 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.

    Dated as of June 12, 2014 at 7:30 AM

    _____________________________________________________

    Lucie Huynh, Escrow OfficerPh: 408-371-1700Email: [email protected]

    The form of policy of title insurance contemplated by this report is:

    A.L.T.A. Short Form Residential Loan Policy (12-03-12)

    NOTE: The premium for a policy of Title Insurance, if issued, will be based on:

    A liability of TBD

    Subject to any filed rate increases and/or changes in the liability.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    2/18

    Order No. 520-1583719-60

    Page 2

    Schedule A

    The estate or interest in the land hereinafter described or referred to covered by this report is:

    Fee

    Title to said estate or interest at the date hereof is vested in:

    Johnny Chiem and Valerie Chiem, Trustees of the Chiem Family Trust dated October 25, 2000, subject to paragraph no(s). 7, 8 and 10of Schedule B.

    The land referred to in this report is situated in the County of Contra Costa, State of California, and is described as follows:

    Lot 38 as shown on the Map entitled, "El Rancho Diablo No. 1, Contra Costa County, Calif.", filed on December 13, 1949 in theOffice of the County Recorder of said County in Book 38 of Maps, Pages 41 and 42.

    Excepting therefrom that portion described in the Deed to the City of Pleasant Hill, recorded October 4, 1966, Book 5217, Page 287,Series No. 70949, Official Records.

    Assessor's Parcel Numbers(s): 153-122-009

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    3/18

    Order No. 520-1583719-60

    Page 3

    Schedule B

    At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy formwould be as follows:

    1 General and Special taxes for the fiscal year 2014-2015, including any assessments collected with taxes. A lien not yet payable.

    First installment due and payable November 1, 2014, delinquent if not paid by 12/10/14Second installment due and payable February 1, 2015, delinquent if not paid by 4/10/15

    2 The following taxes have all been paid and are reported for proration purposes only. General and Special taxes for the fiscalyear 2013-2014.Total amount $ 4426.16 1st installment $ 2213.08 2nd installment $ 2213.08 Code area 12-029Parcel No. 153-122-009-1 Exemption $Not Shown

    3 Mello Roos assessments, collected and included within the taxes shown above:Fund Description Amount7591-EI MT Diablo Mello Roos 67.00

    4 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue andtaxation code of the state of California

    5 Water rights, claims or title to water, whether or not disclosed by the Public Records.

    A) Covenants, Conditions and Restrictions, if any, appearing in the Public Records, deleting therefrom any restrictionsindicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status ornational origin.

    B) Easements or servitudes appearing in the Public Records.C) Leases, grants, exceptions or reservations of minerals or mineral rights appearing in the Public Records.

    D) Loss or damage by reason of any violation, variation, encroachment or adverse circumstances affecting the title thatwould have been disclosed by an accurate survey.

    E) Future Homeowner Association assessments.

    6 "NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should haveknowledge of any outstanding obligation, please contact your Title Officer immediately for further review.

    If you have no knowledge of an open Deed of Trust affecting the subject property, please complete the attached Affidavitand return it to your Title Officer immediately".

    7 An action commenced, notice of whichRecorded: 11/29/2012 as Instrument No. 2012-0304008-00 , Official RecordsCourt: Superior Court of CaliforniaCase no.: 012-02760Judicial District: County of Contra CostaPlaintiff: Kevin ChiemDefendant: Johnny Chiem and Valerie Chiem, Individually and as Trustee's of the Chiem Family Trust

    dated October 25, 2000, and Does 1 through 10Purpose of action: Amended Notice of Pending Action

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    4/18

    Order No. 520-1583719-60

    Page 4

    8 An action commenced, notice of whichRecorded: 3/04/2013 as Instrument No. 2013-0055505-00 , Official RecordsCourt: Superior Court of CaliforniaCase no.: 12-CV-02760Judicial District: County of Contra CostaPlaintiff: Kevin ChiemDefendant: Johnny Chiem and Valerie Chiem, Individually and as Trustees of the Chiem Family Trust

    dated October 25, 2000, and DOES 1-10Purpose of action: Notice of Pendency of Action

    9 An Abstract of JudgmentRecorded: 5/23/2014 as Instrument No. 2014-0084510-00 , Official Records.Entered: 4/25/2014Case no.: L14-00454Court: Superior Court of CaliforniaJudicial District: County of Contra CostaAmount: $ 13,370.04 plus interest and costs.In favor of: Capital One Bank (USA), N.A.Against: Kevin Chiem

    Attorney for judgment creditor or mailing address: Name: Elizabeth A. BleierAddress: 16130 Ventura Blvd, Suite 620

    Encino, CA 91436

    10 The effect of a conveyance of said landFrom: Kevin Chiem, a Married Man as his Sole and Separate PropertyTo: Johnny Chiem and Valerie Chiem, Trustees of the Chiem Family Trust dated October 25,

    2000Recorded: 9/10/2012 , as Instrument No. 2012-0219438-00 , Official Records.

    Prior to close of this transaction we will require evidence of the validity of the above conveyance. The documentationappropriate to establish the validity of said conveyance will vary according to circumstances. Therefore this office must becontacted to determine what documentation will be acceptable to this company.

    11 "The Company will require the execution of a Trust Certification at closing, pursuant to California Probate Code Section18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached.

    Name of Trust: Chiem Family Trust dated October 25, 2000

    The Company reserves the right to add additional items or make further requirements after review of the requested TrustCertification, and any related documents, prior to recording.

    In the event of the death or incapacity of one or more of the named trustees, a full copy of the Trust, and any amendments ormodifications thereto, must be submitted to Company for immediate review".

    End of Schedule B

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    5/18

    Order No. 520-1583719-60

    Page 5

    NOTES AND REQUIREMENTS SECTION

    Note No. 1

    California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003, provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price asCalifornia State Income Tax, subject to the provisions of the law as therein contained.

    NOTE NO. 2 PAYOFF INFORMATION:

    Note: this company does require current beneficiary demands prior to closing.If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:

    A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.The amount of this hold will be over and above the verbal hold the lender may have stipulated.

    B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amendeddemand, at the discretion of the escrow.

    C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy ofthe servicing agreement prior to close.

    Note No. 3

    If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periodsfor checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checksrequire a hold period from three to seven business days after the day deposited.

    Notice Regarding Your Deposit of Funds

    California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior todisbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Companyvia cashiers checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If fun ds aredeposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by theCompany will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financialinstitution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from thefinancial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and theCompany shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefitreceived by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by suchfinancial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of suchloans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additionalcompensation of the Company for its services in connection with the escrow or sub-escrow. If funds are to be deposited with OrangeCoast Title Company of Northern California by wire transfer, they should be wired to the following bank/account:

    Wiring Instructions for This Office: Community Bank of the Bay

    1750 BroadwayOakland, CA 94612

    Account Name: Orange Coast Title Company of Northern CaliforniaAccount No.: 365000520

    ABA Routing No.: 121142407Reference Title Order No. 520-1583719-60

    and Lucie Huynh, Escrow Officer

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    6/18

    Order No. 520-1583719-60

    Page 6

    Orange Coast Title Company of Northern California1475 South Bascom Avenue, Ste 210

    Campbell, CA 95008(408) 371- 1700 Fax (408) 371 -5213

    BANC Home Loans

    100 N. Milpitas Blvd. ste. # 140Milpitas, CA 95035

    Attention: Luong LeBorrower: Chiem

    Lenders supplemental report

    The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order toreflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows:

    A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. Thisreport discloses nothing, which would preclude the issuance of said American land title association loan policy of titleinsurance with endorsement no. 100 attached thereto.

    B. The improvements on said land are designated as:

    A single family residence

    10 Audrey Lane, in the City of Pleasant Hill, County of Contra Costa, State of California.

    C. The only conveyance(s) affecting said land recorded within 24 months of the date of this report are as follows:

    Grantor:

    Kevin Chiem, a Married Man as his Sole and Separate Property

    Grantee: Johnny Chiem and Valerie Chiem, Trustees of the Chiem Family Trust dated October25, 2000

    Recorded: 9/10/2012 as Instrument No. 2012-0219438-00, Official Records.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    7/18

    Order No. 520-1583719-60

    Page 7

    Attention

    Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are nomarkings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. Thatlegal description page immediately follows this page.

    Thank you for your support of Orange Coast Title Company of Northern California . We hope that this makes your job a littleeasier.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    8/18

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    9/18

    Order No. 520-1583719-60

    Page 9

    CLTA Preliminary Report Form Exhibit B (06-03-11)

    CLTA STANDARD COVERAGE POLICY 1990EXCLUSIONS FROM COVERAGE

    e o ow ng matters are express y exc u e rom t e coverage o t s po cy an t e ompany w not pay oss or amage, costs, attorneys ees or expenses w c ar se y reason o :1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of theland; (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

    as 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, orencumbrance 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 thata notice of the exercise thereof or not ice 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.

    . g ts o em nent oma n un ess not ce o t e exerc se t ereo as een recor e n t e pu c recor s at ate o o cy, ut not excu ng rom coverage any ta ng w c as occurre pr o r to ate o o cy w c woue 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 theCompany, 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 insurednder 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 claimantad paid value for the insured mortgage or for the estate or interest insured by this policy.. nen o rcea ty o t e en o t e nsure mortgage ecause o t e na ty or a ure o t e nsu re at at e o o cy, o r t e na ty o r a u re o any su sequen t owner o t e n e t e ness, to comp y w t t e app ca e

    doing business laws of the state in which the land is situated.. nva ty or unen o rcea ty o t e en o t e nsu re mortgage, o r ca m t ereo , w c ar ses out o t e t ransact on ev ence y t e nsure mortgage an s ase upon usury or any consumer cre t protect on or tru t

    in lending law.6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy,state insolvency or similar creditors' rights laws.

    EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART IThis policy does not insure against loss or damage (and the Co mpany will not pay cost s, attorneys' fees or expenses) which arise by reason o f:

    . axes or assessments w c are not s own as ex st ng ens y t e recor s o any tax ng aut or ty t at ev es taxes or assessments on rea property or y t e pu c recor s. rocee ngs y a pu c agency w c may resu tin taxes or assessments, or not ices of such proceedings, whether or not shown by the records of such agency or by the public records.

    . ny act s, r g t s, n teres ts , o r ca ms w c a re no t s own y t e pu c r eco r s u t w c cou e asce rt a ne y an nspect on o t e an or w c may e asserte y persons n possesson t ereo .

    . asements, ens or encum rances, or c a ms t ereo , w c are not s own y t e pu c recor s.

    . screpanc es, con cts n oun ary nes, s ortage n area, encroac ments, or any ot er acts w c a correct survey wo u sc o se, an w c are not s own y t e pu c recor s.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

    y the public records.. ny en or r g t to a en or servces, a or or mater a not s own y t e pu c recor s.

    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, b. zoning, c.land use d. improvements on the Land, e.land division; and ,f.

    environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.3. The right 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, o r agreed to by You, whether or not they recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at thePolicy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e, 25, 26, 27, or 28.5. 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 thecoverage described in Covered Risk 11 or 21.7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under fe deral bankruptcy, state insolvency, or similar creditors rights laws.

    LIMITATIONS ON COVERED RISKSour nsurance or t e o ow ng ove re s s s m te on t e wner s overage tatement as o ows:

    or overe s , , , an our e uct e mount an ur a x m um o ar m t o a t y s own n c e u e .e e uct e amount s an ma x mum o ar m ts s own on c e u e a re as o ows :

    Your Deductible Amount Our Maximum Dollar Limit of LiabilityCovered Risk 16: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 10,000 Covered Risk 18: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000 Covered Risk 19: 1 % of Policy Amount shown in Schedule A or $ 5,000 (whichever is less) $ 25,000 Covered Risk 21: 1 % of Policy Amount shown in Schedule A or $ 2,500 (whichever is less) $ 5,000

    ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)EXCLUSIONS

    n a t o n to t e xcept o ns n c e u e , you are not nsure aganst oss, costs, attorneys ees, an expenses resu t ng rom:. overnmenta po ce power, an t e ex stence or v o at on o any aw or government re gua ton. s ncu es u ng an zonng o r nances an a so aws an r egua tons concer n ng: an use mprovements on t e

    land * land division * environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoningcoverage described in Items 12 and 13 o f Covered Title Risks.. e r g t t o t a e t e an y con emn ng t, uness: a not ce o exerc s ng t e r g t appear s n t e pu c r ecor s on t e o cy at e t e t a ng appene pror to t e o cy ate an s n ng on you you oug t t e

    land without knowing of the taking. t e s s: t at are create , a owe , or agree to y you t at are nown to you, ut not to us, on t e o cy ate -- un ess t ey appeare n t e pu c recor s t at resu t n no oss to you t at rst a ect your t t e a terhe Policy Date -- this does not limit the labor and material lien coverage in It em 8 of Covered Title Risks. a ure to pay va ue or your t t e.

    5. Lack of a right: *to any land outside the area specifically described and referred to in Item 3 of Schedule A OR *in st reets, alleys, o r waterways that touch your land. This exclusion does not limit t he access coverage inItem 5 of Covered Title Risks.

    2006 ALTA LOAN POLICY (06-17-06)EXCLUSIONS FROM COVERAGE

    The following matters are expressly excluded from the coverage of t his policy, and the Company will not pay loss o r damage, costs, attorneys' fees or expenses which arise by reason o f:1. (a) Any law, ordinance 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. ThisExclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.3. Defects, liens, encumbrances, adverse claims or other matters:(a)created, suffered, assumed or agreed to by t he Insured Claimant; (b)not know n to the Company, not recorded in t he public records at Date of Policy,ut 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 tohe Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does no t modify or limit t he coverage provided under Covered Risk 11, 13 or 14);or(e) resulting in loss or damage that would notave been sustained if the Insured Claimant had paid value for the Insured Mortgage.

    4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state in which 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 orruth in lending law.

    6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or s imilar creditors rights laws, t ha t the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent co nveyance or fraudulentransfer, 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. ThisExclusion does not modify or limit the coverage provided under Covered Risk 11 (b):

    EXCEPTIONS FROM COVERAGEThis 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 are not shown as existing liens by t he records of any taxing aut hority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that mayesult in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

    2.Any facts, rights, interests or claims which are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) wat er rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) areshown by the Public Records.6. Any lien or right to a lien for services, labor or material not shown by the public records.

    2006 ALTA OWNERS POLICY (06 -17-06)

    EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of t his policy, and t he Company will not pay loss o r damage, costs, attorneys' fees, or expenses that arise by reason of:

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    10/18

    Order No. 520-1583719-60

    Page 10

    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)he character, dimensions, or location of any improvement erected on t he Land; (iii) the subdivision o f land; or (IV) environ mental protection; or the effect of any violation o f these laws, ordinances, or governmentalegulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under

    Covered Risk 6.2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date ofPolicy, 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 ordamage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this do es not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss ordamage that would not have been sustained if the Insured Claimant had paid value for t he 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 fraudulentransfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this po licy.

    5. Any lien on the T itle for real estate taxes or assessments imposed by go vernmental authority and created or attaching between Date of Policy and the dat e of recording of the deed or other inst rument of transfer in the PublicRecords 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 alsoinclude the following Exceptions from Coverage:

    EXCEPTIONS FROM COVERAGEThis policy does not insure against lo ss or damage (and the Company will not pay costs, attorneys fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by t he records of any taxing authority t hat levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agencyhat may result in taxes or assessments, o r notices of such proceedings, whether or not shown by the records of such agency o r 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 b y an accurate and complete land survey of t he Land and that 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) areshown by the Public Records.6. Any lien or right to a lien for services, labor or material not shown by the public records.

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

    EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of t his 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, permit, or governmental regulation (including but not limited to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) thecharacter, dimensions or location of any improvement erected on t he Land; (iii) the subdivision o f the land; or (iv) environm ental protection, or the effect of any violation of these laws, ordinances or governmental regulationsThis Exclusion 1(a) does not modify or limit the coverage provided under Covered Risks 5, 6, 13(c), 13(d), 14, and 16.(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided

    nder Covered Risks 5, 6, 13(c), 13(b), 14, and 16.2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.3. Defects, liens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agr eed to by the Insured Claimant; (b) not Known to the Company, not recorded in t he Public Records at Date ofPolicy, 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 ordamage 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 Risks 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26);or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for t he Insured Mortgage.4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured to comply with applicable doing-business laws of the state in which the Land is situated.5. Invalidity or unenforceability in w hole or in part of t he lien of the Insured Mortgage that arises out of the transaction e videnced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truthin lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.

    6. Any claim of invalidity, u nenforceability or lack of priority of t he lien of the Insured Mort gage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedul e 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 in accordance with applicable building codes. This Exclusion does not

    odify or limit the coverage provided in Covered Risk 5 or 6..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

    rovided in Covered Risk 5 or 6.9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that t h e transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulentransfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    11/18

    Order No. 520-1583719-60

    Page 11

    Orange Coast Title Company of Northern CaliforniaPRIVACY 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 us with certain information. We understand thatyou may be concerned about what we will do with such information particularly any personal or financial information. We agreethat you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted thisPrivacy 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 govern the manner in which we may useinformation we have obtained from any other source, such as information obtained from a public record or from another person orentity.

    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 we receive from providers of services to us, such as appraisers, appraisal management companies, real estateagents and brokers and insurance agencies (this may include the appraised value, purchase price and other details aboutthe property that is the subject of your transaction with us).

    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 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 haverequested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after whichany customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts orcustomer analysis.

    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 tononpublic personal information about you to those individuals and entities who need to know that information to provide products orservices to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will behandled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguardsthat comply with federal regulations to guard your nonpublic personal information.

    Opting Out

    We may also share the information we collect about you within our family of companies (our Affiliated Companies). We may a lso provide this information to companies that perform marketing or other services on our behalf, or on behalf of our AffiliatedCompanies (Service Providers). However, we will not share this information with our Affiliated Companies or our ServiceProviders if you choose to opt out, in writing. To opt out, please use the form entitled Reque st Not to Share Nonpublic PersonalInformation, which is attached hereto. This form provides instructions on how to request us not to share information with t hird

    parties.

    Please be aware that Orange Coast Title Company of Northern California and its Affiliated Companies maintain high standards tosafeguard nonpublic, personal information, and do not rent or sell such information. Please note, however, that unless you opt out inwriting, our Affiliated Companies and Service Providers will have access to the information in our files.

    Other Important Information

    We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the newPrivacy Policy and the ability to opt out (as required by law) before the new policy becomes effective.

    REQUEST NOT TO SHARE NONPUBLIC PERSONAL INFORMATION

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    12/18

    Order No. 520-1583719-60

    Page 12

    Please read the following information carefully.

    Orange Coast Title Company of Northern California may share nonpublic, personal information we collect about you within ourfamily of companies (our Affiliated Companies). We may also provide this information to companies that perform marketing o rother services on our behalf, or on behalf of our Affiliated Companies (Service Providers). By sharing this information, we can

    better understand your service needs. We can then send you notification of new products and services offered by Orange Coast TitleCompany of Northern California, its Affiliated Companies or its Service Providers that you may not otherwise know about.

    However, you may prohibit the sharing of non-public personal information within our Affiliated Companies, or with any third partiesat any time. If you would like to limit disclosures of non-public, personal information about you as described herein, please check theappropriate box or boxes to indicate your privacy choices, and return this form to us at the address below.

    ______ Please do not share personal information about me with non-affiliated third parties.

    ______ Please do not share personal information about me with any of your AffiliatedCompanies except as necessary to effect, administer, process, service or enforce atransaction requested or authorized by me.

    ______ Please do not contact me with offers of products or services by mail.

    ______ Please do not contact me with offers of products or services by e-mail.

    ______ Please do not contact me with offers of products or services by telephone.

    ________________________________ ________________________________ Name Company Name

    ________________________________ ________________________________Address Address

    ________________________________ ________________________________City, State, Zip City, State, Zip

    ________________________________ ________________________________Phone Number Phone Number

    ________________________________ ________________________________E-mail address E-mail address

    Orange Coast Title Company of Northern California1475 South Bascom Avenue, Ste 210

    Campbell, CA 95008(408) 371- 1700 Fax (408) 371 -5213

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    13/18

    Order No. 520-1583719-60

    Page 13

    Orange Coast Title Company of Northern California910 Campisi Way, Suite 2B

    Campbell, CA 95008

    OWNERS AFFIDAVIT

    State of California } S.S. Order No.: 520-1583719-60County of ___________________

    The undersigned, ________________________________________________________________________________, (owners name) being first duly sworn, depose and say as follows:

    1. That the undersigned is/are the owner(s) of certain real property situated in the City of Pleasant Hill, County of Contra Costa andState of California, commonly known as 10 Audrey Lane and more particularly described in Schedule A attached hereto (theProperty):

    2. That within the last ninety (90) days, including the date hereof, no person, firm or corporation has furnished any labor, services ormaterials in connection with the construction or repair of any buildings, fixtures or improvements on the Property, EXCEPT (ifwork has been performed or materials furnished within the last (90) days, please explain fully and state whether payment for thesame has been made in full): _________________________________________________________.

    3. That there are no present tenants, lessees or other parties in possession or who have a right to possession of said Property,EXCEPT: (if none, state None) __________________________________________________________________________.

    4. That the undersigned has/have no knowledge of any taxes or special assessments which are not shown as existing liens by the public records other than as follows: ________________________________________________________________________.

    5. That the taxes for Installment ___ of fiscal year ______ are paid. Installment ___ of fiscal year ______ is not yet due.

    6. That the undersigned has/have no knowledge of, nor has/have the undersigned created, any violations of any covenants,restrictions, agreements, conditions or zoning ordinances affecting the Property.

    7. That Property is free of all liens, taxes, encumbrances and claims of every kind, nature and description whatsoever, except for thefollowing mortgages or deeds of trust; _______________________________________________________________________and except for real estate and personal property taxes for Installment ___ of fiscal year ______ and subsequent years.

    8. That there are no mechanics, materialmens or laborers liens against the above described Property, nor is any party entitle d toassert any mechanics, materialmens or laborers liens against the Property.

    9. That there are no unrecorded leases or agreements affecting the Property, other than the Agreement of Sale between theundersigned and ____________________________________________ as purchasers of the Property dated _______________.

    10. That there are no open, unexercised options to purchase or rights of first refusal to purchase the Property.

    11. That no judgment or decree has been entered in any court of this State or the United States against the undersigned and whichremain unsatisfied, EXCEPT ______________________________________________________________________________.

    12. The undersigned further state(s) that he/she/they are each familiar with the nature of an oath; and with the penalties under the lawsof the state for making false statements in any instruments of this nature. The undersigned further certify(ies) that they have read,this affidavit, or have had it read to them, and understand its context.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    14/18

    Order No. 520-1583719-60

    Page 14

    13. That I/WE have made this Affidavit for the purpose of inducing Orange Coast Title Company of Northern California to issue oneor more policy(ies) of title insurance insuring interests in the Property, and that said title company is relying on the statements setforth in this Affidavit in issuing said policies, free and harmless from and against any and all actions, causes, of action, loss, cost,expense, or damages that may be brought against or suffered or incurred by Orange Coast Title Company of Northern Californiaor its underwriters, in relying on the truth and accuracy of the statements contained herein.

    By: Name:

    By: Name:

    State of California } S.S.County of _______________On _______________________________, before me, ___________________________________________________________,

    personally appeared _______________________________________________________________________________________

    _______________________________________________________________________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed thisinstrument.

    I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andcorrect.

    WITNESS MY HAND and OFFICIAL SEAL

    Signature: ____________________________

    (Notary Seal)

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    15/18

    Order No. 520-1583719-60

    Page 15

    Exhibit A

    Lot 38 as shown on the Map entitled, "El Rancho Diablo No. 1, Contra Costa County, Calif.", filed on December 13, 1949 in theOffice of the County Recorder of said County in Book 38 of Maps, Pages 41 and 42.

    Excepting therefrom that portion described in the Deed to the City of Pleasant Hill, recorded October 4, 1966, Book 5217, Page 287,Series No. 70949, Official Records.

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    16/18

    Order No. 520-1583719-60

    Page 16

    Orange Coast Title Company of Northern California910 Campisi Way, Suite 2B

    Campbell, CA 95008

    CONFIRMATION OF CONVEYANCE(Low or No Consideration Transfer)

    I/We ________________________________________________________________Declare as Follows:

    14. That I/We am/are the grantor(s) named in a certain grant deed or quit claim deed recorded as Instrument No. __________________________, in the County of _________________, State of California.

    15. That I/We did execute said conveyance on or about the date indicated.16. That said Deed is valid and in full force and effect and that I/We claim no ownership interest in the property described

    therein.17. That I/We hereby acknowledge, confirm, and ratify the above described conveyance.18. That I/We did convey and transfer said property to the grantees and I/We am/are due no other consideration for my/our

    interest in the transferred property.19. That I/We am/are making this declaration for the purposes of inducing Orange Coast Title Company of Northern California

    to issue certain policies of title insurance, insuring title to said land, and that Orange Coast Title Company of NorthernCalifornia is not willing to insure title to said land if my/our interest was not transferred free from any remaining agreementsor consideration.

    I/We declare under penalty of perjury that the foregoing is true and correct and that this declaration is made this ________________Day of ________________, _______, at ______________________, California.

    BY: _________________________________ Social Security # ________________

    BY: _________________________________ Social Security # ________________

    State of California }S.S.County of Contra CostaOn _______________________________, before me, ___________________________________________________________,

    personally appeared ______________________________________________________________________________________

    _______________________________________________________________________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that byhis/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed thisinstrument.

    I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andcorrect.

    WITNESS MY HAND and OFFICIAL SEAL

    Signature: ____________________________(Notary Seal)

    DO NOT USE THE SAME NOTARY AS USED TO EXECUTE THE DEED OR QUITCLAIM

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    17/18

    Order No. 520-1583719-60

    Page 17

    CERTIFICATION OF TRUST

    PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5

    I (We) _________________________________________________________________________________________, trustee(s) confirm the following facts:1. The _______________________________________________________ (Name of Trust) is currently

    in existence and was created on _________________________________ (Date of Creation of Trust).2. The settler(s) of the trust are as follows: _______________________________________________3. The currently acting trustee(s) of the trust is (are):

    _______________________________________________________________________________4. The power of the trustee(s) includes:

    (a) The powers to sell, convey and exchange [ ] YES [ ] NO (check one)(b) The powers to borrow money and encumber the trust property with a deed of trust or mortgage

    [ ] YES [ ] NO (check one)5. The trust is: (check the applicable box)

    (a) revocable [ ];(b) irrevocable [ ] and the following party (ies), if any, is (are) identified as having the power torevoke the trust: ______________________________________________________________________________

    6. The trust: (check the applicable box)(a) does have multiple trustees [ ];(b) does not have multiple trustees [ ]; If the trust has multiple trustees, the signatures of all thetrustees or of any ___________ of the trustees is required to exercise the powers of the trust.

    7. The trust identification number is as follows: __________________ (Social Security No./Employee ID)8. Title to trust assets shall be taken in the following fashion:

    _________________________________________________________________________________________________ _______________________________________________________________________

    The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner,which would cause the representations, contained herein to be incorrect. The certification is being signed by all currentlyacting trustee(s) and is being executed in conformity with the provision of California Probate Code Section 18100.5,Chapter 530, Statutes of 1993.

    Document Date: _________________________

    by: ____________________________________ by: ___________________________________

    State of CaliforniaCounty of _______________ } S.S.On _______________________________, before me, ____________________________________________________,

    personally appeared ________________________________________________________________________________

    _________________________________________________________________________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that byhis/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed thisinstrument.

    I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andcorrect.

    WITNESS MY HAND and OFFICIAL SEAL

    Signature: ____________________________

    (Notary Seal)

  • 8/12/2019 PreliminaryReport 10 Audrey Ln

    18/18