CLTA Preliminary Report Form Order Number: NHSC-7104231 (mk) (Rev. 11/06) Page Number: 1
Updated - 11/10/2025 - Amended
First American Title™
First American Title Company
4140 Temescal Canyon Rd, Ste 301
Corona, CA 92883
Gus Dahleh
331 Poinsettia Ave
Corona Del Mar, CA 92625
Customer Reference: Tract 16794
Order Number: NHSC-7104231 (mk)
Title Officer: Michael Keough
Phone: (951)256-5827
Fax No.:
E-Mail: [email protected]
Property: APNs 0261-011-08, 13 & 14
San Bernardino, CA
PRELIMINARY REPORT
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.
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.
Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law.
First American Title
Order Number: NHSC-7104231 (mk)
Page Number: 2
the insura ce and no upiy i assume ey is read li fore assure or aliena or rice one insurance, a Binder or Commitment should be requested.
First American Title
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Dated as of October 28, 2025 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
Subdivision Guarantee
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:
DIAR LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE AS TO PARCELS A, C AND E; AN EASEMENT AS TO PARCELS B AND D 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 2025-2026, a lien not yet due or payable.
2. The lien of defaulted taxes for the fiscal year 2023-2024, and any subsequent delinquencies.
Tax Rate Area: 007010
A. P. No.: 0261-011-08-0-000
Amount to redeem: $35,400.91
Valid through: November 2025
Amount to redeem: $35,818.03
Valid through: December 2025
Please contact the tax office to verify the payoff amount.
The lien of defaulted taxes for the fiscal year 2023-2024, and any subsequent delinquencies.
Tax Rate Area: 007010
A. P. No.: 0261-011-13-0-000
Amount to redeem: $29,068.31
Valid through: November 2025
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Order Number: NHSC-7104231 (mk)
Page Number: 4
Amount to redeem: $29,410.76
Valid through: December 2025
Please contact the tax office to verify the payoff amount.
4. The lien of defaulted taxes for the fiscal year 2023-2024, and any subsequent delinquencies.
Tax Rate Area: 007010
A. P. No.: 0261-011-14-0-000
Amount to redeem: $4,607.87
Valid through: November 2025
Amount to redeem: $4,661.77
Valid through: December 2025
Please contact the tax office to verify the payoff amount.
5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.
6. The land described in this report lies between the lines of the surveys made for the United States and known as the Perrin and the Cikler Surveys. The company assumes no risk of loss or expense or defense or claims or action based upon assertions of ownership or interest.
An easement for Pole lines and incidental purposes, recorded in Book 527 of Deeds, Page 4.
In Favor of: Interstate Telegraph Company
Affects: as described therein
The effect of a map purporting to show the land and other property, filed Book 18, Page 36 of Record of Surveys.
9. An easement for Ingress, egress and public utilities and incidental purposes, recorded May 18, 1970 as Book 7444, Page 790 of Official Records.
In Favor of: Colleen Rosemary Godwin, a married woman, as her sole and separate property and Leonard D.
Luce, a married man, as his sole and separate
property, each as to an equal undivided interest
Affects: The Southeast 30 feet of Parcel A
10. An easement for Street and highway and incidental purposes, recorded February 20, 1974 as Book 8371, Page 475 of Official Records.
In Favor of: The City of San Bernardino
Affects: The Easterly 44 feet of Parcel E
11. An easement for Street and highway and incidental purposes, recorded March 08, 1974 as Book 8383, Page 925 of Official Records.
In Favor of: The City of San Bernarding
Affects: Parcel C
12. The terms and provisions contained in the document entitled Agreement and Covenants Running with Land recorded June 12, 1980 as Instrument No. 80-135191 of Official Records.
First American Title
:
Order Number: NHSC-7104231 (mk)
Page Number: 5
(Affects Parcels C and D)
13. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.
14. Intentionally Deleted
Notice of pendency of action recorded October 25, 2022 as Instrument No. 2022-0352082 of Official Records.
Court: United States District Court of California for the Central District Case No.: 8:22-CV-01941
Plaintiff: New York Innovative Builders, LLC, a New York limited liability company
Defendant: PACIFIC COAST INTERNATIONAL GROUP, LLC, a California limited liability company; NEW YORK INNOVATIVE BUILDERS LLC, a California limited liability company; ABERDEEN
DEVELOPERS, LLC; a California limited liability company; INVICTUS GLOBAL GROUP, LLC: a Wyoming limited liability company; BURTON CONSTRUCTION & MANAGEMENT, INC., a
California corporation; ADPULPUS VITAE, LLC, a Wyoming
limited liability company, OXBOW SB44, LLC, a California limited liability company; OMAR RONALD ALJAZZAR, an individual; GUS DAHLEH, an individual; KYNDRA MAYO, an individual; CHARLES YI, an individual; PETER BURTON, an individual; JELMAR
PASCO, an individual; KEVIN KIM, an individual; ERIC CERNICH, an individual; and DOES 1-20, inclusive.
Purpose: Affecting the possession of and Title to real property (Affects Parcel A)
Withdrawal or Expungement of Lis Pendens recorded December 20, 2022, Instrument No. 2022- 0403317; December 20, 2022 as Instrument No. 2022-0403320 and December 20, 2022 as Instrument No. 2022-0403321, All, Official Records. Approval from the Underwriting as an ementin First American must be obtained before the Lis Pendens will be removed First American Title
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Notice of pendency of action recorded October 25, 2022 as Instrument No. 2022-0352086 of Official Records.
Court: United States District Court of California for the Central District Case No.: 8:22-CV-01941
Plaintiff: New York Innovative Builders, LLC, a New York limited liability Defendant: PACIFIC COAST INTERNATIONAL GROUP, LLC, a California limited liability company; NEW YORK INNOVATIVE BUILDERS LLC, a California limited liability company; ABERDEEN
DEVELOPERS, LLC; a California limited liability company; INVICTUS GLOBAL GROUP, LLC: a Wyoming limited liability company; BURTON CONSTRUCTION & MANAGEMENT, INC., a
California corporation; ADPULPUS VITAE, LLC, a Wyoming
limited liability company, OXBOW SB44, LLC, a California limited liability company; OMAR RONALD ALJAZZAR, an individual; GUS DAHLEH, an individual; KYNDRA MAYO, an individual; CHARLES YI, an individual; PETER BURTON, an individual; JELMAR
PASCO, an individual; KEVIN KIM, an individual; ERIC CERNICH, an individual; and DOES 1-20, inclusive.
Purpose: Affecting the possession of and Title to real property (Affects Parcel C)
17. Notice of pendency of action recorded October 25, 2022 as Instrument No. 2022-0352088 of Official Records.
Court: United States District Court of California for the Central District Case No.: 8:22-CV-01941
Plaintiff: New York Innovative Builders, LLC, a New York limited liability company
Defendant: PACIFIC COAST INTERNATIONAL GROUP, LLC, a California limited liability company; NEW YORK INNOVATIVE BUILDERS LLC, a California limited liability company; ABERDEEN
DEVELOPERS, LLC; a California limited liability company; INVICTUS GLOBAL GROUP, LLC: a Wyoming limited liability company; BURTON CONSTRUCTION & MANAGEMENT, INC., a
California corporation; ADPULPUS VITAE, LLC, a Wyoming
limited liability company, OXBOW SB44, LLC, a California limited liability company; OMAR RONALD ALJAZZAR, an individual; GUS DAHLEH, an individual; KYNDRA MAYO, an individual; CHARLES YI, an individual; PETER BURTON, an individual; JELMAR
PASCO, an individual; KEVIN KIM, an individual; ERIC CERNICH, an individual; and DOES 1-20, inclusive.
Purpose: Affecting the possession of and Title to real property (Affects Parcel E)
18. Intentionally Deleted
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19. DEPARTENT-CODE ENFOREEMENT DIVISION SEAR BATE PROSE SERVICES
ABERDEEN DEVELOPERS, LLC
Amount: $773.00
Recorded: July 01, 2025 as Instrument No. 2025-151774 of Official Records.
(Affects PARCEL A)
20. Lien for FIRE HAZARD ABATEMENT in favor of SAN BERNARDINO COUNTY LAND USE SERVICES
DEPARTMENT-CODE ENFORCEMENT DIVISION FIRE HAZARD ABATEMENT PROGRAM Against: ABERDEEN DEVELOPERS, LLC
Amount: $669.00
Recorded: July 01, 2025 as Instrument No. 2025-151775 of Official Records.
(Affects PARCEL E)
21. Lien for FIRE HAZARD ABATEMENT in favor of SAN BERNARDINO COUNTY LAND USE SERVICES
DEPARTMENT-CODE ENFORCEMENT DIVISION FIRE HAZARD ABATEMENT PROGRAM Against: ABERDEEN DEVELOPERS, LLC
Amount: $669.00
Recorded: July 01, 2025 as Instrument No. 2025-151776 of Official Records.
(Affects Parcel C)
22. Any easements and/or servitudes affecting easement parcel(s) B AND D herein described.
23. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
24. Water rights, claims or title to water, whether or not shown by the Public Records.
25. Rights of parties in possession.
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INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.
General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $6,454.18, DEFAULTED
Penalty: $645.42
Second Installment: $6,454.16, DEFAULTED
Penalty: $655.42
Tax Rate Area: 007010
A. P. No.: 0261-011-08-0-000
(Affects PARCEL A)
General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $5,308.99, DEFAULTED
Penalty: $530.90
Second Installment: $5,308.96, DEFAULTED
Penalty: $540.90
Tax Rate Area: 007010
A. P. NO.: 0261-011-13-0-000
(Affects PARCEL E)
3. General and special taxes and assessments for the fiscal year 2024-2025.
First Installment: $848.40, DEFAULTED
Penalty: $84.84
Second Installment: $848.39, DEFAULTED
Penalty; $94.84
Tax Rate Area: 007010
A. P. NO.: 0261-011-14-0-000
(Affects PARCEL C)
4. The property covered by this report is vacant land.
5. 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 First American Title
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A document recorded April 15, 2025 as INSTRUMENT NO. 2025-0081125 of Official Records.
From: PACIFIC COAST INTERNATIONAL GROUP, LLC, A CALIFORNIA LIMITED
LIABILITIES COMPANY
To: ABERDEEN DEVELOPERS, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY
A document recorded SEPTEMBER 05, 2025 as INSTRUMENT NO. 2025-0215149 of Official Records.
From: ABERDEEN DEVELOPERS, LLC
To: DIAR LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
We find no outstanding voluntary liens of record affecting subject property. Disclosure should be made concerning the existence of any unrecorded lien or other indebtedness which could give rise to any possible security interest in the subject property.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except tr he 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.
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LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
Parcel A: (APN: 0261-011-08-0-000)
That portion of Government Lot 1, Section 1, Township 1 North, Range 5 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof, described as Commencing at the Northeast corner of said Section 1; Thence North 89°48'15" West, 44.35 feet along the Northerly line of said Section 1 to the Northeast corner of parcel no. 1, described in the order and decree of settlement, dated June 29, 1949, a certified copy of which was recorded in book 2425, page 594 of official records of San Bernardino County, California; Thence South 24°37'44" West, 690.00 feet along the Easterly line of said parcel no. 1, as described in the order and decree of settlement to the true point of beginning; Thence North 63°57'00" West, 749.18 feet; Thence North 01°53'00" East, 301.63 feet to a point in the North line of said Section 1; Thence North 89°48'15" West along said North line 334.28 feet to the Northwest corner of said Lot 1; Thence South 01°53'00" West along the West line of said Lot 1, 484.27 feet; Thence South 63°57'00" East 982.98 feet; Thence North 24°37'44" East, 312.50 feet to the true point of beginning.
Parcel B:
A non-exclusive easement 30.00 feet in width for the purpose of ingress, egress and public utility purposes, the Easterly line of said strip of land being described as follows:
Commencing at the Northeast corner of Section 1, Township 1 North, Range 5 West, San Bernardino Meridian, in the County of San Bernardino, State of California; Thence North 89°48'15" West, 44.35 feet along the Northerly line of said Section 1 to the Northeast corner of parcel 1, described in the order and decree of settlement, dated June 29, 1949, a certified copy of which was recorded in book 2425, page 594 of official records of San Bernardino, California; Thence South 24°37'44" West, 1002.50 feet along the Easterly line of said parcel 1, described in the order and decree of settlement, to the true point of beginning; Thence continuing South 24°37'44" West, 195.29 feet along the Easterly line of said parcel 1 as described in the order of decree of settlement to a point of terminus on the Northerly line of the Rancho Muscupiabe. The Westerly line of said strip of land shall be prolonged or shortened so as to terminate in the Northerly line of the Rancho Muscupiabe and in a line bearing North 63°57'00" West through the true point of beginning.
Parcel C: (APN: 0261-011-14-0-000)
Parcel(s) 1 of Parcel Map no. 1784, in the City of San Bernardino, as shown by map on file in book 24, pages 11 of parcel maps, in the office of the county recorder of San Bernardino County, California.
Parcel D:
A non-exclusive easement 30.00 feet in width for the purpose of ingress, egress and public utility purposes, the Easterly line of said strip of land being described as follows:
Commencing at the Northeast corner of Section 1, Township 1 North, Range 5 West, San Bernardino Meridian, in the County of San Bernardino, State of California; Thence North 89°48'15" West, 44.35 feet First American Title
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along the Northerly line of said Section 1 to the Northeast corner of parcel 1 described in the order and decree of settlement dated June 29, 1949, a certified copy of which was recorded in book 2423, page 594 of official records of San Bernardino, California; Thence South 24°37'44" West, 690.00 feet along the Easterly line of said parcel as described in the order and decree of settlement of the true point of beginning; Thence continuing South 24°37'44" West, 507.79 feet along the Easterly line of said parcel 1 as described in the order and decree of settlement to a point of terminus on the Northerly line of Rancho Muscupiabe, the Westerly line of said strip of land, shall be prolonged or shortened so as to terminate in the Northerly line of Rancho Muscupiabe and in a line bearing North 63°57'00" West through the true point of beginning.
Parcel E: (APN: 0261-011-13-0-000)
Parcel(s) 2 of Parcel map no. 1784, in the City of San Bernardino, as shown by map on file in book 24, pages 11 of parcel maps, in the office of the county recorder of San Bernardino County, California.
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NOTICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.
First American Title
Order Number: NHSC-7104231 (mk)
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EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE [(07-01-2021) v. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits, or relates to:
the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; ili. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power.
C. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
created, suffered, assumed, or agreed to by You;
not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; resulting in no loss or damage to You;
attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount Shown in Schedule A or $2,500 $10,000 (whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 19: 1% of Policy Amount Shown on Schedule A or $5,000 $25,000 (whichever is less)
Covered Risk 21: 1% of Policy Amount Shown on Schedule A or $2,500 $5,000 (whichever is less)
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ALTA OWNER'S POLICY [(07-01-2021) V. 01.00]
CLTA STANDARD COVERAGE OWNER'S POLICY [(02-04-22) V. 01.00]
EXCLUSIONS FROM COVERAGE
The following matters are 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:
any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, the occupancy, use, or enjoyment of the Land;
the character, dimensions, or location of any improvement on the Land; the subdivision of land; or
iv. environmental remediation or protection.
b.
C.
not Known to the Company, not recorded in the Public Records at the 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;
resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or C. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7. The 2021 CLTA Standard Coverage Owner's Policy will include the Western Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
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. 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 unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, First American Title
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uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights rise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, an asements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Publi 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:
(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 ii) the subdivision of land; c
(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;
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 (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 Regional Standard Coverage Exceptions listed below as numbers 1 through 7.
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 by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, 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 at Date of Policy.
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, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
First American Title