HomeMy WebLinkAboutPA2021-302_20211217_Title Report and Addt.. DocumentsOrder Number: NCS-1098982-ONT1 Page Number: 1
First American Title Insurance Company
First American Title Insurance Company
National Commercial Services
3281 E Guasti Road, Suite 440
Ontario, CA 91761
December 01, 2021
BRANDON MUCHA
Irvine Company Office Properties
110 Innovation Dr
Irvine, CA 92617-3040
Phone: (949)720-2919
Fax: (949)720-2161
Customer Reference: LLA – Fashion Island
Title Officer: Kimberly Delpolito
Phone: (909)510-6202
Fax No.: (877)461-2090
E-Mail:kdelpolito@firstam.com
Buyer:
Owner: The Irvine Company LLC
Property: 451 Newport Center Drive, 453 Newport Center Drive, Newport
Beach, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to
issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and
Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in
Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.
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First American Title Insurance Company
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of
title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title
insurance, a Binder or Commitment should be requested.
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First American Title Insurance Company
Dated as of November 22, 2021 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
To be determined
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
The Irvine Company LLC, a Delaware limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple as to Parcels A and B, an easement as to Parcel C.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $51,490.34, DUE
Penalty: $0.00
Second Installment: $51,490.34, PAYABLE
Penalty: $0.00
Tax Rate Area: 07-041
A. P. No.: 442-021-08
2. General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $13,888.24, DUE
Penalty: $0.00
Second Installment: $13,888.24, PAYABLE
Penalty: $0.00
Tax Rate Area: 07-041
A. P. No.: 442-021-39
3. General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $292,959.91, DUE
Penalty: $0.00
Second Installment: $292,959.91, PAYABLE
Penalty: $0.00
Tax Rate Area: 07-041
A. P. No.: 442-021-37
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First American Title Insurance Company
4.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
5.A perpetual air or flight easement, sometimes referred to as avigation rights, in and to all the air
space above those portions of particular planes or imaginary surfaces that overlie said land for use by
aircraft, present or future, from or to the Orange County Airport, said easements and rights being
more particularly described and defined in and granted to the County of Orange by deed recorded
March 17, 1964 in Book 6965, Page 721 of Official Records, upon the terms, covenants and
conditions therein. The planes above which said easement lies are more particularly described in said
deed and shown on a map therein referred to.
6.Matters in a document entitled "Declaration of Restrictions and Establishment of Easements",
executed by and between The Irvine Company, a West Virginia corporation, Broadway-Hale Stores,
Inc., a Delaware corporation and Adcor Realty Corporation, a New York corporation, recorded
September 3, 1965 as Book 7656, Page 496 of Official Records, including but not limited to
covenants, conditions, restrictions, easements, assessments, liens and charges.
Matters in a document entitled "Amendment in Its Entirety and Restatement of Declaration of
Restrictions and Establishment of Easements", executed by and between The Irvine Company, a
West Virginia corporation, Carter Hawley Hale Stores, Inc., a Delaware corporation (successor in
interest to Broadway-Hale Stores, Inc.), Adcor Realty Corporation, a New York corporation and
Federated Department Stores, Inc., a Delaware corporation, recorded March 26, 1976 as Book
11684, Page 1012 of Official Records, including but not limited to covenants, conditions, restrictions,
easements, assessments, liens and charges.
Document(s) declaring modifications thereof recorded May 9, 1988 as Instrument No. 88-213609 of
Official Records.
7.Terms and provisions of an unrecorded lease dated July 21, 1966, by and between The Irvine
Company, a West Virginia corporation as lessor and Adcor Realty Corporation as lessee, as disclosed
by a Short Form Lease recorded November 17, 1966 as Book 8106, Page 198 of Official Records.
Pursuant to the terms of the Subordination, Non-disturbance and Attornment Agreement:
Between Wells Fargo Bank, National Association, as administrative
agent for itself and other lenders, The Irvine Company LLC,
a Delaware limited liability company
And Macy's West Stores, Inc., an Ohio corporation
Recorded August 29, 2013
Recording No.: Instrument No. 2013000510684 of Official Records
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
8.Terms and provisions of an unrecorded lease dated July 20, 1965, by and between The Irvine
Company, a West Virginia corporation as lessor and Broadway-Hale Stores, Inc. as lessee, as
disclosed by a First Amendment of Lease and Short Form of Lease recorded August 29, 1967 as Book
8355, Page 895 of Official Records.
Pursuant to the terms of a Subordination, Non-disturbance and Attornment agreement:
Between Wells Fargo Bank, National Association, as administrative
agent for itself and other lenders under the loan, The Irvine
Company LLC, a Delaware limited liability company fka the
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First American Title Insurance Company
Irvine Company, a Delaware limited liability company
And Bloomingdale's, Inc., an Ohio corporation
Recorded August 29, 2013
Recording No.: Instrument No. 2013000510682 of Official Records
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
9.An easement for public utilities and incidental purposes, recorded March 7, 1985 as Instrument No.
85-079688 of Official Records.
In Favor of: Southern California Edison Company
Affects: Parcel B
10.An easement for public utilities and incidental purposes, recorded October 15, 1986 as Instrument
No. 86-486266 of Official Records.
In Favor of: Southern California Edison Company
Affects: Parcel B
11.Abutter's rights of ingress and egress to or from Newport Center Drive West except at street
intersections and at driveways, have been dedicated or relinquished on the map of Parcel Map No.
86-399 on filed June 22, 1987 in Book 221, Pages 30 through 36 of Parcel Maps.
12.An easement for traffic signal maintenance and incidental purposes, recorded December 7, 1987 as
Instrument No. 87-675966 of Official Records.
In Favor of: The City of Newport Beach
Affects: Parcel B
13.The effect of a map purporting to show the land and other property, filed February 20, 1991 in Book
131, Page 44 of Record of Surveys.
(Affects Parcel A)
14.An easement for public utilities and incidental purposes, recorded September 3, 1992 as Instrument
No. 92-593905 of Official Records.
In Favor of: Southern California Edison Company
Affects: Parcels A and B
15.Terms and provisions of an unrecorded lease dated May 5, 2004, by and between The Irvine
Company, a Delaware corporation as lessor and Barnes & Noble Booksellers, Inc., a Delaware
corporation as lessee, as disclosed by a Third Amendment to and Restatement of Lease recorded May
25, 2004 as Instrument No. 2004000466017 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
16.Terms and provisions of an unrecorded lease dated July 9, 2007, by and between The Irvine
Company, LLC, a Delaware limited liability company as lessor and Chick's Sporting Goods, Inc., a
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California corporation as lessee, as disclosed by a Lease (Short Form - Memorandum) recorded
August 21, 2007 as Instrument No. 2007000519685 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
17.The terms and provisions contained in the document entitled "Memorandum Providing Notice of the
Effective Date for Development Agreement No. DA2007-002" recorded June 24, 2008 as Instrument
No. 2008000302542 of Official Records.
18.A non-exclusive easement for public utilities and incidental purposes, recorded April 15, 2010 as
Instrument No. 2010000177163 of Official Records.
In Favor of: Southern California Gas Company, a California corporation
Affects: Parcel B
19.An easement for public utilities and incidental purposes, recorded February 10, 2011 as Instrument
No. 2011000076823 of Official Records. In Favor of: Southern California Edison Company, a corporation
Affects: Parcel A
20.Terms and provisions of an unrecorded lease dated July 25, 2011, by and between The Irvine
Company LLC, a Delaware limited liability company as lessor and Mrs. Gooch's Natural Food Markets,
Inc., a California corporation as lessee, as disclosed by a Memorandum of Lease recorded September
22, 2011 as Instrument No. 2011000469416 of Official Records.
Pursuant to the terms of the Subordination Agreement; Acknowledgement of Lease Assignment,
Estoppel, Attornment and Non-Disturbance Agreement:
Between The Irvine Company LLC, a Delaware limited liability
company, Mrs. Gooch's Natural Food Markets, Inc., a
California corporation
And Wells Fargo Bank, National Association, as administrative
agent
Recorded August 29, 2013
Recording No.: Instrument No. 2013000510685 of Official Records
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown
by the public records are not shown herein.
21.A Deed of Trust to secure an original indebtedness of $379,000,000.00 recorded August 29,
2013 as Instrument No. 2013000510681 of Official Records. Dated: August 29, 2013
Trustor: The Irvine Company LLC, a Delaware limited liability company
Trustee: American Securities Company, a California corporation
Beneficiary: Wells Fargo Bank, National Association, as Administrative Agent
Affects: The land and other property.
A document recorded February 5, 2016 as Instrument No. 2016000050779, of Official
Records provides that the Deed of Trust/Mortgage or the obligation secured thereby has been
modified.
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22.The terms and provisions contained in the document entitled "Subordination of Lease and/or Non-
Disturbance and Attornment" recorded March 11, 2019 as Instrument No. 2019000075436 of Official
Records.
23.The terms and provisions contained in the document entitled "Subordination Agreement,
Acknowledgement of Lease Assignment, Estoppel, Attornment and Non-Disturbance Agreement"
recorded November 2, 2021 as Instrument No. 2021000663482 of Official Records.
24.The terms and provisions contained in the document entitled "Subordination Agreement,
Acknowledgement of Lease Assignment, Estoppel, Attornment and Non-Disturbance Agreement"
recorded November 12, 2021 as Instrument No. 2021000697238 of Official Records.
25.A certified copy of a judgment or an abstract thereof, recorded March 4, 2021 as Instrument No.
2021000151096 of Official Records. Court: Superior Court of California, County of Los Angeles
Case No.: SC126761
Debtor: The Irvine Company, LLC
Creditor: Stephanie Van de Motter, Sally Tillotson
Amount: $9,887,607.45, and any other amounts due thereunder.
26.Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181
et seq.) or under similar state laws.
27.Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey.
28.Rights of parties in possession.
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INFORMATIONAL NOTES
ALERT - CA Senate Bill 2 imposes an additional fee of $75 up to $225 at the time of
recording on certain transactions effective January 1, 2018. Please contact your First
American Title representative for more information on how this may affect your closing.
1.According to the latest available equalized assessment roll in the office of the county tax assessor,
there is located on the land a(n) Retail known as 451 Newport Center Drive, 453 Newport Center
Drive, Newport Beach, California.
2.According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
3.This preliminary report/commitment was prepared based upon an application for a policy of title
insurance that identified land by street address or assessor's parcel number only. It is the
responsibility of the applicant to determine whether the land referred to herein is in fact the land that
is to be described in the policy or policies to be issued.
4.Should this report be used to facilitate your transaction, we must be provided with the following prior
to the issuance of the policy:
A.WITH RESPECT TO A CORPORATION:
1.A certificate of good standing of recent date issued by the Secretary of State of the corporation's
state of domicile.
2.A certificate copy of a resolution of the Board of Directors authorizing the contemplated
transaction and designating which corporate officers shall have the power to execute on behalf of
the corporation.
3.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
4.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
B.WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP:
1.A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto
(form LP-2) to be recorded in the public records;
2.A full copy of the partnership agreement and any amendments;
3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
5.Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
C.WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP:
1.A certified copy of the application for registration, foreign limited partnership (form LP-5) and any
amendments thereto (form LP-6) to be recorded in the public records;
2.A full copy of the partnership agreement and any amendment;
3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the
contemplated transaction;
4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
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5. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
D. WITH RESPECT TO A GENERAL PARTNERSHIP:
1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the
California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of
any amendments to such statement (form GP-7), to be recorded in the public records;
2. A full copy of the partnership agreement and any amendments;
3. Requirements which the Company may impose following its review of the above material required
herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
1. A copy of its operating agreement and any amendments thereto;
2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1)
and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5)
to be recorded in the public records;
4. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the
Company or upon which the Company is asked to rely, such document or instrument must be
executed in accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected
pursuant to the terms of a written operating agreement, such documents must be executed by
at least two duly elected or appointed officers, as follows: the chairman of the board, the
president or any vice president, and any secretary, assistant secretary, the chief financial
officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in
the articles of organization and/or duly elected pursuant to the terms of a written operating
agreement, such document must be executed by at least two such managers or by one
manager if the limited liability company properly operates with the existence of only one
manager.
5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise
Tax Board of the State of California.
6. Requirements which the Company may impose following its review of the above material and
other information which the Company may require.
F. WITH RESPECT TO A TRUST:
1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to
the Company.
2. Copies of those excerpts from the original trust documents and amendments thereto which
designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require
herein and other information which the Company may require.
G. WITH RESPECT TO INDIVIDUALS:
1. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title
Insurance Company 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.
*****To obtain wire instructions for deposit of funds to your escrow file please
contact your Escrow Officer.*****
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First American Title Insurance Company
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange, State of California, described as follows:
PARCEL A:
PARCEL 1 AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT N.B.L.L.A. 87-3, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED NOVEMBER 13, 1987 AS
INSTRUMENT NO. 87-640346 OF OFFICIAL RECORDS.
APN: 442-021-08 AND 442-021-39
PARCEL B:
PARCEL 1 AS SHOWN ON EXHIBIT "B" OF LOT LINE ADJUSTMENT NO. L.A. 2008-004, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, RECORDED MARCH 30, 2009 AS
INSTRUMENT NO. 2009000150477 OF OFFICIAL RECORDS.
APN: 442-021-37
PARCEL C:
ALL EASEMENTS, RIGHTS, BENEFITS AND PRIVILEGES (INCLUDING ALL EASEMENTS OF USE, SUPPORT,
ATTACHMENTS, ACCESS, PEDESTRIAN AND VEHICULAR PASSAGE, ENCROACHMENT AND OF ERECTION
AND MAINTENANCE OF UTILITY LINES) IN FAVOR OF AND FOR THE BENEFIT OF THE PARCELS ABOVE,
ALL AS SET FORTH IN (A) THAT CERTAIN AMENDMENT IN ITS ENTIRETY AND RESTATEMENT OF
DECLARATION OF RESTRICTIONS AND ESTABLISHMENTS DATED AS OF MARCH 26, 1976 BY AND
AMONG THE IRVINE COMPANY, A MICHIGAN CORPORATION ("IRVINE"), CARTER HAWLEY HALE
STORES, INC., A DELAWARE CORPORATION ("CHH"), ADCOR REALTY CORPORATION, A NEW YORK
CORPORATION ("ADCOR"), AND FEDERATED DEPARTMENT STORES, INC., A DELAWARE CORPORATION
("FEDERATED"), AND RECORDED MARCH 26, 1976 IN BOOK 11684, PAGE 1012 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA AS AMENDED BY THAT CERTAIN FIRST AMENDMENT TO RESTATED
DECLARATION OF RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS DATED AS OF MARCH 29, 1988
BY AND AMONG IRVINE, CHH, ADCOR, FEDERATED AND THE NEIMAN-MARCUS GROUP, INC., A
DELAWARE CORPORATION (SUCCESSOR IN INTEREST TO CHH AS TO THE "NEIMAN-MARCUS SITE", AS
DEFINED IN SUCH INSTRUMENT), AND RECORDED MAY 9, 1988 AS INSTRUMENT NO. 88-213609 OF
OFFICIAL RECORDS.
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First American Title Insurance Company
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 us 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 govern the manner in
which we may use information we 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 the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may,
however, store such information indefinitely, including the period after which any customer relationship has
ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of 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
procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
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First American Title Insurance Company
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
(a) building;(d) improvements on the Land;(b) zoning;(e) land division; and
(c) land use;(f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 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, 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 21.7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal
bankruptcy, state insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00
Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1.Governmental police power, and the existence or violation of any law or government regulation. This includes building and
zoning ordinances and also laws and regulations concerning:
(a) and use
(b) improvements on the land
(c) and division
(d) environmental protectionThis 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 zoning coverage described in Items 12 and 13 of Covered Title Risks.
2.The right to take the land by condemning it, unless:(a) a notice of exercising the right appears in the public records on the Policy Date
(b)the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3.Title Risks:
(a) that are created, allowed, or agreed to by you
(b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records
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First American Title Insurance Company
(c) that result in no loss to you
(d) that first affect your title 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: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 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 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) that arise by reason
of:
1. (a) Taxes or assessments that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and 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.
PA2021-302
Order Number: NCS-1098982-ONT1 Page Number: 14
First American Title Insurance Company
6.Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1.a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting, or relating to
i.the occupancy, use, or enjoyment of the Land;ii.the character, dimensions, or location of any improvement erected on the Land;
iii.the subdivision of land; or
iv.environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or
limit the coverage provided under Covered Risk 5.
b.Any governmental police power. This Exclusion 1(b) does not modify 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 CoveredRisk 9 and 10); or
e.resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transactionvesting the Title as shown in Schedule A, is
a.a fraudulent conveyance or fraudulent transfer; or
b.a preferential transfer for any reason not stated in Covered Risk 9 of this policy.5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason
of:
1.(a) Taxes or assessments that 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 that are not shown by the Public Records but that could be ascertained by an inspection of the
Land or that may be asserted by persons in possession of the Land.3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by anaccurate 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.
PA2021-302
Order Number: NCS-1098982-ONT1 Page Number: 15
First American Title Insurance Company
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights 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, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); 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. This Exclusion does not
modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by
this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
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