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074
CLTA Preliminary Report Form – Modified (11/17/06) Page 1 516 Burchett St.
Glendale, CA 91203
Title Officer: Eddie LasMarias
Title Phone: (818) 662-6733
Title Email: [email protected]
Title Order No.: 10253017-GLT-U33
Issuing Policies of Commonwealth Land Title Insurance Company ORDER NO: 10253017
EXP Realty
3811 Bedford Canyon Road #101
Corona, CA 92883
Attn.: Annette Fraley
Proposed Lender:
Proposed Loan Amount:
Loan No.:
PROPERTY: 2824 Lenwood Road, Barstow, CA 92311
UPDATED PRELIMINARY REPORT AMENDMENT NO. 1 REVISED
In response to the application for a policy of title insurance referenced herein, Pacific Coast Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 Attachment One.
Copies of the policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company, a Nebraska Corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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.
Pacific Coast Title Company Commonwealth Land Title Insurance Company Countersigned:
By:
Authorized Officer or Agent
CLTA Preliminary Report Form – Modified (11/17/06) Page 2 UPDATED PRELIMINARY REPORT AMENDMENT NO. 1 REVISED
EFFECTIVE DATE: May 20, 2022 at 7:30 a.m.
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy
CLTA Standard Coverage Policy
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:
ANIL K. MOHAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF.
CLTA Preliminary Report Form – Modified (11/17/06) Page 3
PRELIMINARY REPORT PACIFIC COAST TITLE COMPANY
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
LEGAL DESCRIPTION
EXHIBIT A
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BARSTOW, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL(S) 2 OF PARCEL MAP NO. 14561, IN THE CITY OF BARSTOW, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 177 OF PARCEL MAPS, PAGE(S) 73 THROUGH 75 INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES, LYING BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY.
APN: 0421-313-46-0-000
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 4
AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023.
2. Property taxes, including any personal property taxes and any assessments collected with taxes, are paid.
For proration purposes the amounts were:
Tax Identification No: 0421-313-46-0-000
Fiscal Year: 2021-2022
1st Installment: $5,537.19
2nd Installment: $5,537.16
Exemption: $0.00
Code Area: 009-028
3. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District.
4. The lien of supplemental or escaped assessments of property taxes, if any, pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy.
5. Water rights, claims or title to water, whether or not disclosed by the public records.
6. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN THE BOUNDARIES OF ANY ROAD, STREET OR HIGHWAY.
7. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording No: IN BOOK 6138 PAGE 994, Official Records
Affects: INTERSTATE 15
Recording No: IN BOOK 6292 APGE 45, Official Records
Recording No: IN BOOK 6346 PAGE 691, Official Records
8. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: PUBLIC UTILITIES
Recording no.: IN BOOK 6951 PAGE 188, Official Records
Affects: A PORTION OF SAID LAND
No representation is made as to the present ownership of said easement.
9. All easements, offers and dedications as shown on the official map Tract of: PARCEL MAP NO. 14561
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 5
10. An easement for the purpose shown below and rights incidental thereto as set forth in a document Purpose: INGRESS, EGRESS, UTILITY AND SIGN
Recorded: MAY 23, 1991
Recording no.: 91-177238, Official Records
Affects: A PORTION OF SAID LAND
No representation is made as to the present ownership of said easement.
Recording Date: October 25, 1994
Recording No: 94-434326, Official Records
Recording Date: October 25, 1994
Recording No: 94-434327, Official Records
11. Matters contained in that certain document
Entitled: SETTLEMENT AGREEMENT
Recording Date: October 25, 1994
Recording No.: 94-434326, Official Records
Reference is hereby made to said document for full particulars.
12. Matters contained in that certain document
Entitled: AGREEMENT
Recording Date: October 25, 1994
Recording No.: 94-434327, Official Records
Reference is hereby made to said document for full particulars.
13. A notice that said Land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document
Recording Date: December 20, 1994
Recording No: 94-500444, Official Records
Redevelopment Agency: CITY OF BARSTOW
14. A notice that said Land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document
Recording Date: October 25, 2007
Recording No: 2007-0600666, Official Records
Redevelopment Agency: CITY OF BARSTOW
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 6
15. Matters contained in that certain document
Entitled: USE AND DEED RESTRICTION AGREEMENT
Dated: February 24, 2014
Executed by: KA BARSTOW, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY; AND KA SHORES
GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Recording Date: August 15, 2014
Recording No.: 2014-0296992, Official Records
Reference is hereby made to said document for full particulars.
16. A deed of trust to secure an indebtedness in the amount shown below, Amount: $569,692.00
Dated: July 31, 2014
Trustor/Grantor: ANIL K MOHAN
Trustee: TITLE365 COMPANY
Beneficiary: ALASKA USA FEDERAL CREDIT UNION
Loan No.: 001
Recording Date: August 15, 2014
Recording No.: 2014-0296994, Official Records
17. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $569,692.00
Assigned to: ALASKA USA FEDERAL CREDIT UNION
Assigned By: ANIL K MOHAN
Recording Date: August 15, 2014
Recording No.: 2014-0296995, Official Records
18. A deed of trust to secure an indebtedness in the amount shown below, Amount: $469,000.00
Dated: May 24, 2016
Trustor/Grantor: ANIL K. MOHAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY Trustee: FIRST AMERICAN TITLE COMPANY
Beneficiary: ENTERPRISE FUNDING CORPORATION, A CALIFORNIA CORPORATION Loan No.: 687-024-5005
Recording Date: June 2, 2016
Recording No.: 2016-0216998, Official Records
An assignment of the beneficial interest under said deed of trust which names:
Assignee: UNITED STATES SMALL BUSINESS ADMINISTRATION
Loan No.: 687-024-5005
Recording Date: June 2, 2016
Recording No.: 2016-0216999, Official Records
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 7
19. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $469,000.00
Assigned to: ENTERPRISE FUNDING CORPORATION
Assigned By: ANIL K. MOHAN, A MARRIED MAN A AS HIS SOLE AND SEPARATE PROPERTY Recording Date: June 2, 2016
Recording No.: 2016-0217002, Official Records
20. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document
Entitled: LEASE SUBORDINATION AGREEMENT
Lessor: ANIL K. MOHAN, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY lessee: ANIL K. MOHAN DBA SUBWAY BARSTOW AND ANMONE RESTAURANTEURS, INC. DBA
SWEETOPIA BARSTOW
Recording Date: June 2, 2016
Recording No.: 2016-0217003, Official Records
The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein.
An agreement which states that this instrument was subordinated to the document or interest shown as an Item No. 22.
By Agreement Recorded: June 2, 2016, 2016-0217003, Official Records
21. Matters contained in that certain document
Entitled: THIRD PARTY LENDER AGREEMENT
Dated: May 14, 2016
Executed by: ALASKAUSA FEDERAL CREDIT UNION AND ENTERPRISE FUNDING CORPORATION Recording Date: June 10, 2016
Recording No.: 2016-0229156, Official Records
Reference is hereby made to said document for full particulars.
22. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s),
Party(s): VESTEES HEREIN
The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file.
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 8
23. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.
24. The Company will require that a full copy of any unrecorded lease referred to herein be furnished to the Company, together with all supplements, assignments and amendments for review.
The Company reserves the right to add additional items or make further requirements after review of the requested documentation.
25. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
26. An inspection of said Land has been ordered; upon its completion the Company reserves the right to except additional items and/or make additional requirements.
END OF ITEMS
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 9 NOTES
1. Note: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued.
2. REQUIREMENT::Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Commercial/Industrial Land, known as 2824 Lenwood Road, Barstow, CA 92311 to an Extended Coverage Loan Policy.
3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
5. Note: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for the processing and recordation of the reconveyance of each Deed of Trust being paid off through this transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff Demand Statement (''Demand''). In addition, an assignment or authorized release of that fee, from the Beneficiary to the Trustee of record, must be included. An example of the required language is as follows:
''The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid off in full.''
In the event that the reconveyance fee and the assignment, release or transfer thereof are not included within the demand statement, then Pacific Coast Title Company may decline to process the reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance with the requirements of the revised statute.
6. 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 face 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.
7. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 10
WIRE INSTRUCTIONS
When funds are wired to Pacific Coast Title Company, please use the instructions below:
Bank Name & Address Wire Routing Information
Nano Banc, 7700 Irvine Center Drive,
Suite 700, Irvine, CA 92618
ABA (Routing) Number: 122245251
Account Number: 6100101033
Account Name: Pacific Coast Title Company
Credit: Pacific Coast Title Company - GLT
Reference: 10253017
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company, a Nebraska corporation.
Funds received by this Company via wire transfer may be disbursed upon receipt. Funds received by this company via cashier’s check or tellers check may be disbursed on the next business day after the day of deposit. If escrow funds (including shortage checks) are disbursed to this company other than by wire transfer, cashier’s check or teller’s check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or loan payoff officer.
Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1) of the following:
A We have received confirmation of the respective incoming wire.
B. Collection of a deposited check.
PAYOFF INFORMATION
NOTE: This Company DOES require current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows:
If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the amended demand, at the discretion of the escrow.
NOTE: to avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted to the Company prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a) Sign and return the Equity Line/Credit Line Affidavit provided with the report, b) Request that the account be frozen.
Settlement:
a) Obtain a statement from the lender that no advances have been made after the issuance of the demand for payoff, and
b) Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed may be held for up to 10 working days if the above requirements are not met.
END OF NOTES
Eddie LasMarias / ELM
CLTA Preliminary Report Form – Modified (11/17/06) Page 11
PACIFIC COAST TITLE COMPANY
PRIVACY NOTICE
Pacific Coast Title Company, (“PCT”) respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by PCT. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Pacific Coast Title Company and you. See also No Representations or Warranties below.
This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by PCT, including collection through any PCT website and any online features, services and/or programs offered by PCT (collectively, the “Website”). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than PCT.
How Information is Collected
The types of personal information PCT collects may include, among other things (collectively, “Personal Information”): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver’s license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions.
In the course of our business, we may collect Personal Information about you from the following sources:
Applications or other forms we receive from you or
your authorized representative;
Information we receive from you through the Website;
Information about your transactions with or services
performed by us, our affiliates, or others; and
From consumer or other reporting agencies and public
records maintained by governmental entities that we
either obtain directly from those entities, or from our affiliates or others.
Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website.
Cookies. From time to time, PCT or other third parties may send a “cookie” to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below.
Web Beacons. Some of our web pages and electronic
communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below.
Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.
Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above.
Through these technologies, the third party may have access to and use non-personalized information about your online usage activity.
You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you.
You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. You can opt-out via the Consumer Choice Page at
www.aboutads.info.
For those in the U.K., you can opt-out via the IAB UK's industry opt-out at www.youronlinechoices.com.
You can configure your web browser (Chrome, Firefox,
Internet Explorer, Safari, etc.) to delete and/or control the use of cookies.
More information can be found in the Help system of your browser. Note:
If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again.
Use of Personal Information
Information collected by PCT is used for three main purposes:
To provide products and services to you or one or more third party service providers (collectively, “Third Parties”) who are obtaining services on your behalf or in connection with a transaction involving you.
To improve our products and services that we perform for you or for Third Parties.
To communicate with you and to inform you about PCT’s, PCT’s affiliates and third parties’ products and services.
When Information Is Disclosed By PCT
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
To agents, brokers, representatives, or others to
provide you with services you have requested, and to
enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in
connection with an insurance transaction;
To third-party contractors or service providers who
provide services or perform marketing services or
other functions on our behalf;
To law enforcement or other governmental authority
in connection with an investigation, or civil or criminal subpoenas or court orders; and/or
CLTA Preliminary Report Form – Modified (11/17/06) Page 12 To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled,
paid or released prior to a title or escrow closing.
In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of PCT, its users or the public.
We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and nonPersonal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industrystandard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law.
We also reserve the right to disclose Personal Information and/or nonPersonal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of PCT, our users or others.
We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the PCT business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.
Information From Children
We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR
HER PARENT OR LEGAL GUARDIAN.
Parents should be aware that PCT’s Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. PCT encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet.
Privacy Outside the Website
The Website may contain various links to other websites, including links to various third party service providers. PCT is not and cannot be responsible for the privacy practices or the content of any of those other websites.
Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them.
European Union Users
If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing PCT with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice.
Choices With Your Personal Information
Whether you submit Personal Information to PCT is entirely up to you. You may decide not to submit Personal Information, in which case PCT may not be able to provide certain services or products to you.
You may choose to prevent PCT from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of PCT.
As described above, there are some uses from which you cannot opt-out.
Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by PCT to the extent that provision of your Personal Information is required to apply for an open position.
If PCT collects Personal Information from you, such information will not be disclosed or used by PCT for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use.
You may opt out of online behavioral advertising by following the instructions set forth above under the above section “Additional Ways That Information Is Collected Through the Website,” subsection “Third Party Opt Out.”
Access and Correction
To access your Personal Information in the possession of PCT and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities).
CLTA Preliminary Report Form – Modified (11/17/06) Page 13 To obtain this information on behalf of PCT, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Additionally, because we may collect your Personal Information from time to time, California’s Online Privacy Protection Act requires us to disclose how we respond to “do not track” requests and other similar mechanisms.
Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices.
PCT Compliance with California Online Privacy Protection Act For some websites which PCT or one of its companies owns, such as the Customer CareNet (“CCN”), PCT is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows:
First and Last Name
Property Address
User Name
Password
Loan Number
Social Security Number - masked upon entry
Email Address
Three Security Questions and Answers
IP Address
The information you submit is then transferred to your mortgage loan servicer by way of CCN.
The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer.
CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application.
All sections of the PCT Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer.
No Representations or Warranties
By providing this Privacy Notice, Pacific Coast Title Company does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Pacific Coast Title Company and/or the Website are provided “as is” and “as available” for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Pacific Coast Title Company makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Pacific Coast Title Companyand your exclusive remedy with respect to the use of any product or service provided by Pacific Coast Title Company including on or accessed through the Website, will be the re-performance of such service found to be inadequate.
Your Consent To This Privacy Notice
By submitting Personal Information to PCT, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.
If you have additional questions or comments, please let us know by sending your comments or requests to:
Pacific Coast Title Company
1111 East Katella Avenue, #120
Orange, CA 92620
Attn.: Executive Vice President
[email protected]
Copyright © 2015. Pacific Coast Title Company All Rights Reserved.
EFFECTIVE AS OF: MAY 1, 2015
PRELIMINARY REPORT
ESCROW NO.: TITLE NO.: 10253017-GLT-U33
CLTA Preliminary Report Form – Modified (11/17/06) Page 14 Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer’s right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.
FNF Underwritten Title Companies Underwritten by FNF Underwriters CTC – Chicago Title Company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC – Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company FNTIC – Fidelity National Title Insurance Company FNTCCA – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company
DISASTER LOANS (CTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFITABLE ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church’s obligation the charge for an owner’s policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender’s policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.
Attachment One (06-05-14)
CLTA Preliminary Report Form – Modified (11/17/06) Page 15
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation
(including but not limited to building or zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions
or location of any improvement now or hereafter
erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any
violation of these laws, ordinances or governmental
regulations, except to the extent that a notice of the
enforcement thereof or a notice of a defect, lien, or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
(b) Any governmental police power not excluded by (a)
above, except to the extent that a notice of the
exercise thereof or notice of a defect, lien or
encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the
public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed
to by the insured claimant;
(b) not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date
the insured claimant became an insured under this
policy;
(c) resulting in no loss or damage to the insured
claimant;
(d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have
been sustained if the insured claimant had paid value
for the insured mortgage or for the estate or interest
insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing
business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the
transaction evidenced by the insured mortgage and is
based upon usury or any consumer credit protection or
truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate 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 I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or 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 which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public
records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, 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.
ATTACHMENT ONE
(CONTINUED)
Attachment One (06-05-14)
CLTA Preliminary Report Form – Modified (11/17/06) Page 16 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
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, 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.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
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 or $2,500.00 $10,000.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000.00 $25,000.00 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A or $5,000.00 $25,000.00 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown in Schedule A or $2,500.00 $5,000.00 (whichever is less)
ATTACHMENT ONE
(CONTINUED)
Attachment One (06-05-14)
CLTA Preliminary Report Form – Modified (11/17/06) Page 17 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
Except as provided in Schedule B - Part II, 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:
PART I
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:
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.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
ATTACHMENT ONE
(CONTINUED)
Attachment One (06-05-14)
CLTA Preliminary Report Form – Modified (11/17/06) Page 18 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 Covered Risk 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 transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or
attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:
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:
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 in 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 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) 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.
ATTACHMENT ONE
(CONTINUED)
Attachment One (06-05-14)
CLTA Preliminary Report Form – Modified (11/17/06) Page 19 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:
1. (a) Any law, ordinance, 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.
10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances
STATEMENT OF INFORMATION
CONFIDENTIAL INFORMATION FOR YOUR PROTECTION
Completion of this statement expedites your application for title insurance, as it assists in establishing identity, eliminating matters affecting persons with similar names and avoiding the use of fraudulent or forged documents. Complete all blanks (please print) or indicate “none” or “N/A.” If more space is needed for any item(s), use the reverse side of the form. Each party (and spouse/domestic partner, if applicable) to the transaction should personally sign this form.
ORDER NO: 10253017-- TITLE NO.: 10253017-GLT-U33
NAME AND PERSONAL INFORMATION
Date of Birth:
First Name Middle Name Last Name Maiden Name
(if none, indicate)
Home Phone Business Phone Birthplace
Social Security No. Driver’s License No.
List any other name you have used or been known by
State of residence I have lived continuously in the U.S.A. since Are you currently married? If yes, complete the following:
Date and place of marriage
Spouse: Date of Birth:
First Name Middle Name Last Name Maiden Name
(if none, indicate)
Home Phone Business Phone Birthplace
Social Security No. Driver’s License No.
List any other name you have used or been known by
State of residence I have lived continuously in the U.S.A. since Are you currently a registered domestic partner? If yes, complete the following:
Domestic Partner: Date of Birth:
First Name Middle Name Last Name Maiden Name
(if none, indicate)
Home Phone Business Phone Birthplace
Social Security No. Driver’s License No.
List any other name you have used or been known by
State of residence I have lived continuously in the U.S.A. since
CHILDREN
Child Name: Date of Birth: Child Name: Date of Birth:
Child Name: Date of Birth: Child Name: Date of Birth:
(If more space is required, use reverse side of form)
RESIDENCES (LAST 10 YEARS)
Number & Street, City, State, Zip From (date) to (date) Number & Street, City, State, Zip From (date) to (date) (If more space is required, use reverse side of form)
OCCUPATIONS/BUSINESSES (LAST 10 YEARS)
Firm or Business name Address From (date) to (date)
Firm or Business name Address From (date) to (date)
(If more space is required, use reverse side of form)
STATEMENT OF INFORMATION (Continued)
ORDER NO: 10253017-- TITLE NO.: 10253017-GLT-U33
SPOUSE’S/DOMESTIC PARTNER’S OCCUPATIONS/BUSINESSES (LAST 10 YEARS) Firm or Business name Address From (date) to (date)
Firm or Business name Address From (date) to (date)
(If more space is required, use reverse side of form)
PRIOR MARRIAGE(S)
Any prior marriages for either spouse? If yes, complete the following:
Prior spouse’s (Party A) name: Prior Spouse of Party A:
Marriage ended by: Death Divorce Date of Death/Divorce
Prior spouse’s (Party B) name: Prior Spouse of Party B: Spouse Marriage ended by: Death Divorce Date of Death/Divorce
(If more space is required, use reverse side of form)
PRIOR DOMESTIC PARTNERSHIP(S)
Any prior domestic partnerships for either person? If yes, complete the following:
Prior partner’s name: Prior Partner:
Partnership ended by: Death Dissolution Nullification Termination Date of Death/Dissolution/etc.
Prior partner’s name: Prior Partner:
Partnership ended by: Death Dissolution Nullification Termination Date of Death/Dissolution/etc. (If more space is required, use reverse side of form)
INFORMATION ABOUT THE PROPERTY
Buyer intends to reside on the property in this transaction: Yes No Owner to complete the following items
Street Address of Property in this transaction: 2824 Lenwood Road, Barstow, CA 92311 The land is unimproved ____; or improved with a structure of the following type: A Single or 1-4 Family ____ Condo Unit ____ Other ____ Improvements, remodeling or repairs to this property have been made within the past six months: Yes _____ No _____ If yes, have all costs for labor and materials arising in connection therewith been paid in full? Yes _____ No _____ Any current loans on property? If yes, complete the following:
Lender Loan Amount Loan Account #
Lender Loan Amount Loan Account #
******************************************************************************************************************** The undersigned declare, under penalty of perjury, that the foregoing is true and correct.
Executed on , at
Signature Signature
(Note: If applicable, both spouses/domestic partners must sign.)
THANK YOU