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HomeMy WebLinkAbout20190829_Title Report13245 RIVERSIDE DR. #450 SHERMAN OAKS, CA 91423 PHONE NO. (800) 794-8094 ESCROW OF THE WEST (6770) TITLE OFFICER: LOUIE MAARFI / DEBBIE LEE / RALPH KHELIL 9440 SANTA MONICA BLVD., SUITE 310 E-MAIL: TITLEUNIT11@PROVIDENTTITLE.COM BEVERLY HILLS, CA 90210 ORDER NO.: 11400083 ATTN: GAIL HERSHOWITZ YOUR REFERENCE NO: 030517-GH PROPERTY ADDRESS: 2104 E OCEAN FRONT, NEWPORT BEACH, CA 92661 PRELIMINARY REPORT DATED AS OF APRIL 26, 2019 AT 7:30 A.M. PROVIDENT TITLE COMPANY, HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A FIRST AMERICAN TITLE INSURANCE COMPANY POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE B ATTACHED. 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 SCHEDULE B OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. LOUIE MAARFI / DEBBIE LEE / RALPH KHELIL TITLE OFFICER I~ PROVIDENTm,; __ , PA2019-097 ORDER NO.: 11400083 PAGE 2 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (2006) HOMEOWNER’S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE ISSUED BY PROVIDENT TITLE COMPANY AS AGENT FOR: FIRST AMERICAN TITLE INSURANCE COMPANY SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: H. LEON BROOKS AND ROCHELLE BROOKS, TRUSTEES OF THE BROOKS FAMILY TRUST DATED APRIL 29, 1981 3. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL OF LOT 2, BLOCK E OF TRACT NO. 518, AS PER MAP RECORDED IN BOOK 17, PAGES 33 THROUGH 36 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 7.57 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER, AS MEASURED ALONG SAID NORTHEASTERLY LINE; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 2, SAID POINT OF BEING 6.84 FEET SOUTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID LOT, AS MEASURED ALONG SAID SOUTHWESTERLY LINE. ASSESSOR’S PARCEL NUMBER: 048-282-39 PA2019-097 ORDER NO.: 11400083 PAGE 3 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2019-2020, WHICH ARE A LIEN NOT YET PAYABLE. B. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR 2018-2019 1ST INSTALLMENT: $8,259.47 PAID 2ND INSTALLMENT: $8,259.47 PAID CODE NO.: 07-001 TAX PARCEL NO.: 048-282-39 C. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT (OR BOND) NO.: 119 SERIES: 86 FOR: UNDERGRUND UTILITIES BOND ISSUED: 11/13/2002 ORIGINAL AMOUNT: $ 0.00 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. FAILURE TO PAY SAID TAXES PRIOR TO THE DELINQUENCY DATE MAY RESULT IN THE ABOVE ASSESSMENT BEING REMOVED FROM THE COUNTY TAX ROLL AND SUBJECTED TO ACCELERATED JUDICIAL BOND FORECLOSURE. D. SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. ASSESSMENTS FOR COMMUNITY FACILITY DISTRICTS (MELLO-ROOS) AFFECTING SAID LAND WHICH EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS AND ARE COLLECTED WITH THE REGULAR REAL ESTATE TAXES SO LONG AS SUCH TAXES ARE PAID CURRENT. NOTE: THE MAP ATTACHED HERETO IS NEITHER A PLAT NOR A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREIN. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. PA2019-097 ORDER NO.: 11400083 PAGE 4 2. ANY EASEMENT OR CLAIM OF EASEMENT BASED UPON PRESCRIPTION OR BY IMPLIED DEDICATION TO THE PUBLIC OVER SAID LAND OR ANY PART THEREOF, FOR ACCESS OF ADJOINING BEACH OR BODY OF WATER FOR RECREATION PURPOSES. 3. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT SOME PORTION OF SAID LAND IS TIDE OR SUBMERGED LAND, OR IS LAND THAT HAS BEEN CREATED BY ARTIFICIAL MEANS, OR IS LAND THAT HAS ACCRETED TO SUCH PORTION SO CREATED. 4. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING ANY COVENANT, CONDITION AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS" AS SET FORTH IN THE DOCUMENT RECORDED: IN BOOK 1212, PAGE 489 OF OFFICIAL RECORDS NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. 5. THE EFFECT OF A MAP AS DISCLOSED BY AN INSTRUMENT RECORDED DECEMBER 19, 1961 IN BOOK 5949, PAGE 775 OF OFFICIAL RECORDS. 6. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $2,300,000.00 DATED: 9/28/2018 TRUSTOR: H. LEON BROOKS AND ROCHELLE BROOKS, TRUSTEES OF THE BROOKS FAMILY TRUST DATED APRIL 29, 1981 TRUSTEE: PRLAP, INC. BENEFICIARY: BANK OF AMERICA, N.A. RECORDED: OCOBER 16, 2018 AS INSTRUMENT NO. 18-375103 7. ANY INVALIDITY OR DEFECT IN THE TITLE OF THE VESTEES IN THE EVENT THAT THE TRUST REFERRED TO IN THE VESTING PORTION OF SCHEDULE A IS INVALID OR FAILS TO GRANT SUFFICIENT POWERS TO THE TRUSTEE(S) OR IN THE EVENT THERE IS A LACK OF COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE TRUST INSTRUMENT. 8. THE RIGHTS, IF ANY, OF PARTIES IN POSSESSION OF SAID LAND. END OF SCHEDULE B PA2019-097 ORDER NO.: 11400083 PAGE 5 NOTES AND REQUIREMENTS FOR OUR WIRING INSTRUCTIONS PLEASE CONTACT THE TITLE UNIT SPECIAL NOTE: THE POLICY TO BE ISSUED MAY CONTAIN AN ARBITRATION CLAUSE. WHEN THE AMOUNT OF INSURANCE IS LESS THAT THE AMOUNT, IF ANY SET FORTH IN THE ARBITRATION CLAUSE, ALL ARBITRABLE MATTERS SHALL BE ARBITRATED AT THE OPTION OF EITHER THE COMPANY OR THE INSURED AS THE EXCLUSIVE REMEDY BY THE PARTIES. SPECIAL NOTE: IF A COUNTY RECORDER, TITLE INSURANCE COMPANY, ESCROW COMPANY, REAL ESTATE BROKER, REAL ESTATE AGENT OR ASSOCIATION PROVIDES A COPY OF A DECLARATION, GOVERNING DOCUMENT OR DEED TO ANY PERSON, CALIFORNIA LAW REQUIRES THAT THE DOCUMENT PROVIDED SHALL INCLUDE A STATEMENT REGARDING ANY UNLAWFUL RESTRICTIONS. SAID STATEMENT IS TO BE IN AT LEAST 14-POINT BOLD FACER TYPE AND MAY BE STAMPED ON THE FIRST PAGE OF ANY DOCUMENT PROVIDED OR INCLUDED AS A COVER PAGE ATTACHED TO THE REQUESTED DOCUMENT. SHOULD A PARTY TO THIS TRANSACTION REQUEST A COPY OF ANY DOCUMENT REPORTED HEREIN THAT FITS THIS CATEGORY, THE STATEMENT IS TO BE INCLUDED IN THE MANNER DESCRIBED. SPECIAL NOTE: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662, EFFECTIVE JANUARY 1, 1994 AND BY AMENDMENT EFFECTIVE JANUARY 1, 2003, PROVIDES THAT THE SELLER IN ALL SALES OF CALIFORNIA REAL ESTATE MAY BE REQUIRED TO WITHHOLD 3 AND 1/3RD % OF THE TOTAL SALES PRICE A CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. SPECIAL NOTE: UNLESS OTHERWISE DIRECTED IN WRITING, PROVIDENT TITLE COMPANY AUTOMATICALLY ISSUES THE ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (2-03-10) ON ALL QUALIFIED RESIDENTIAL PROPERTY SALE TRANSACTIONS. SPECIAL NOTE: THE ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (1-1-08) CONTAINS EXCEPTIONS AS TO OFF RECORD MATTERS IN ADDITION TO SPECIFIC DEDUCTIBLE AMOUNTS AND SPECIFIC LIABILITY MAXIMUMS FOR COVERED RISKS OF SAID POLICY THAT HAVE BEEN FILED AND APPROVED BY THE VARIOUS DEPARTMENTS OF INSURANCE WHERE THE FORMS HAVE BEEN FILED. PLEASE CONSULT WITH YOUR ESCROW OR TITLE OFFICER IF YOU HAVE QUESTIONS REGARDING THE POLICY. Note No. 1: YOUR ORDER FOR TITLE WORK CALLS FOR A SEARCH OF PROPERTY THAT IS IDENTIFIED BY A STREET ADDRESS ONLY OR BY SUCH OTHER UNCONFIRMED DATA. BASED ON OUR RECORDS, WE BELIEVE THAT THE LAND DESCRIPTION AND ITS OWNERSHIP IN THIS REPORT REPRESENTS THE PARCEL THAT YOU REQUESTED. IN ORDER TO PREVENT COSTLY ERRORS AND TO BE CERTAIN THAT THE CORRECT PARCEL OF LAND IS BEING CONSIDERED, WE REQUIRE THAT WRITTEN APPROVAL OF THE LEGAL DESCRIPTION AND THE VESTING IN THIS REPORT BE SENT TO US. IF WE DO NOT RECEIVE SUCH CONFIRMATION BEFORE CLOSE OF ESCROW, WE WILL CONSIDER THIS DEEMED APPROVAL OF THE DESCRIPTION AND OWNERSHIP OF SAID LAND AS SHOWN IN OUR REPORT. Note No. 2: WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES Note No. 3: THIS COMPANY WILL REQUIRE A COPY OF THE TRUST INSTRUMENT CREATING THE TRUST AND ALL AMENDMENTS THERETO OF THE ENTITY SHOWN IN THE VESTING PORTION OF SCHEDULE A, TOGETHER WITH A WRITTEN VERIFICATION BY ALL TRUSTEES THAT THE COPY OF THE TRUST IS A TRUE AND CORRECT COPY OF THE TRUST, AS IT MAY HAVE BEEN AMENDED, THAT IT IS IN FULL FORCE AND EFFECT AND THAT IT HAS NOT BEEN REVOKED OR TERMINATED. PA2019-097 ORDER NO.: 11400083 PAGE 6 Note No. 4: THIS COMPANY IS REQUIRING THAT THE FOLLOWING "OWNERS DECLARATION/AFFIDAVIT" BE COMPLETED BY THE OWNER OF THE ESTATE DESCRIBED OR REFERRED TO IN SCHEDULE A, IMMEDIATELY PRIOR TO THE CLOSE OF THIS TRANSACTION AND RETURNED TO US FOR OUR APPROVAL. THE PURPOSE OF THE DECLARATION IS TO PROVIDE THIS COMPANY WITH CERTAIN INFORMATION THAT CANNOT NECESSARILY BE ASCERTAINED BY MAKING A PHYSICAL INSPECTION OF THE LAND. PLEASE CONTACT US IN THE EVENT YOU REQUIRE ASSISTANCE IN COMPLETING SAID DECLARATION. PA2019-097 ORDER NO.: 11400083 PAGE 7 OWNER'S DECLARATION/AFFIDAVIT I, the undersigned, under penalty of perjury according to California Law, do state as follows: 1. I am one of the owners of the real property legally described in that certain Preliminary Title Report issued by Provident Title Company under its above referenced title order number (hereafter referred to as Preliminary Title Report), dated . 2. I am not aware of any mortgages or deeds of trust outstanding against the described property, other than those shown on the Preliminary Title Report, EXCEPT: 3. I am not aware of any mechanics' liens, state or federal tax liens, or land contracts affecting the described property, other than those shown on the Preliminary Title Report, EXCEPT: 4. I am not aware of any leases, easements, rights of way, encroachments, boundary disputes, or rights of others to use the described property, other than those shown on the Preliminary Title Report, EXCEPT: 5. To the best of my knowledge, there is no work of improvement presently under way on the described property, nor has there been any such work performed within the past six months, EXCEPT: 6. I am not aware of any litigation or any other claim adverse to the title to the described property which is not shown in the Preliminary Title Report, EXCEPT: 7. To the best of my knowledge there is no one in possession or entitled to possession of said property other than the vestee shown in said Preliminary Title Report, EXCEPT: 8. This information is being supplied to Provident Title Company with the understanding that it may be considered in the issuance of any policy(ies) of title insurance, binder(s), commitment(s), guarantee(s), endorsement(s) or preliminary title report(s) on the described property. Signed this day of , at under penalty of perjury as prescribed by California Law. Declarant Declarant Address Address PA2019-097 13245 RIVERSIDE DR. #450 SHERMAN OAKS, CA 91423 PHONE NO. (800) 794-8094 LENDERS SUPPLEMENTAL REPORT ATTENTION: YOUR NO. TO FOLLOW OUR NO. 11400083 THE REFERENCED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN FORM POLICY AS FOLLOWS: 1. NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA POLICY, WHEN ISSUED. 2. THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS 2104 E OCEAN FRONT, NEWPORT BEACH, CA 92661 3. THERE ARE NO CONVEYANCES AFFECTING SAID LAND RECORDED WITHIN TWENTY FOUR (24) MONTHS OF THE DATE OF THIS REPORT. PA2019-097 ORDER NO.: 11400083 EXHIBIT “A” ALL OF LOT 2, BLOCK E OF TRACT NO. 518, AS PER MAP RECORDED IN BOOK 17, PAGES 33 THROUGH 36 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 7.57 FEET SOUTHEASTERLY FROM THE MOST NORTHERLY CORNER, AS MEASURED ALONG SAID NORTHEASTERLY LINE; THENCE SOUTHWESTERLY IN A DIRECT LINE TO A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 2, SAID POINT OF BEING 6.84 FEET SOUTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID LOT, AS MEASURED ALONG SAID SOUTHWESTERLY LINE. ASSESSOR’S PARCEL NUMBER: 048-282-39 PA2019-097 PA2019-097 PROVIDENT TITLE COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Provident Title Company. We may collect nonpublic personal information about you from the following sources:  Information we receive from you, such as on applications or other forms.  Information about your transactions we secure from our files, or from our affiliates or others.  Information we receive from a consumer reporting agency.  Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements:  Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.  Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. PA2019-097 Rev. 11-7-04 CONDITIONS AND STIPULATIONS ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12/02/13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of 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; 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 Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: * For Covered Risk 16, 18, 19, and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16 1% of Policy Amount Shown in Schedule A $10,000.00 (Subdivision Law Violation): or $2,500.00 (whichever is less) Covered Risk 18 1% of Policy Amount Shown in Schedule A $10,000.00 (Building Permit): or $5,000.00 (whichever is less) Covered Risk 19 1% of Policy Amount Shown in Schedule A (Zoning): or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21 1% of Policy Amount Shown in Schedule A $5,000.00 (Encroachment of Boundary or $2,500.00 (whichever is less) Walls or Fences): PA2019-097 Rev. 11-7-04 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. (a). 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests or claims 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) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. PA2019-097