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HomeMy WebLinkAboutCT 81-16; VISTA SANTA FE UNIT 2; Engineering Applicationi' i , - ! • J--71':3 7 J k/I.B/€3d- SUBDIVISION MAP GUARANTEE REF: C.T. 81-16 UNIT 2 FEE: $100.00 NO. : 57909-1 REV. TITLE INSURANCE COMPANY OF MINNESOTA, A CORPORATION REPRESENTED BY FOUNDERS TITLE COMPANY , GUARANTEES THE CITY OF CARLSBAD IN THE SUM NOT EXCEEDING $1,000.00 THAT ACCORDING to THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO-THE LAND HEREINAFTER DESCRIBED, THE ONLY PARTIES HAVING ANY RECORD TrTL.E INTEREST IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, CERTIFICATES CONSENTING TO THE RECORDATION OF THE SUBDIVISION MAP OF SAID LAND AND OFFERING FOR DEDICATInN ANY STREETS, ROAD, AVENUES, AND OTHER EASEMENTS OFFERED FOR 'DEDICATION BY SAID SUBDIVISION MAP ARE: SE~ ATTACHED EXHIBIT "A" THE TRACT HEREINBEFORE DESCRIBED AS: REFERRED TO IS A SUBDIVISION OF LAND 'i A PARCEL OF LAND BEING PORTIONS OF LOTS 9AN.D 10 OF RANCHO LAS ENCINITAS PER MAP NO. 848, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. DATED: JUNE 11, 1984 TITLE INSURANCE COMPANY OF MINNESOTA REPRESENTED BY FOUNDERS TITLE COMPANY , - __ ---"!""""---------,,--------~-~~=.~ .' -cr-- • EXHI13IT "A" . . .HOMES BY POLYGON, A CALIFORNIA CORPORATION AND DAON· CORPORATION, A DELAWARE CORPORATION, AS RECORD OWNERS. TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION, FORMERLY TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER DEED OF . TRUST RECORDED NOVEMBER 10, ·1983 AS F.iLE NO. 83-409711 OF OFFICiAL RECORDS AND RE-RECORDED MAY 9, 1984 AS FILE NO. R4-172546 OF O~FICIAL RECORDS. MERIT SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA CORPORATION, AS BENEFICIARY UNDER DEED OF TRUST RECORDED APRIL 20, 1984 AS FILE N.O.· 84-145183 OF OFFICIAL RECORDS. . ;, CALIFORNIA LAND TITLE COMPANY, A CALIFORNIA CORPORATION, AS tRUSTEE UNDER DEED OF TRUST RECORDED MAY 7, 1984 AS FILE NO. 84-168286 OF OFFICIAL RECORDS. ; <i , t . " RICK ENGINEERING 5620 FRIARS ROAD FOUNDERS TITLE COMPANY 2835 CAMINO DEL RIO s'oUTH,sUITE 100 SAN DIEGO, CALIFORNIA 92108 '296~8300 PRELIMINARY REPORT SAN DIEGO, CALIFORNIA ATTENTION~ BETSY J"7q~ 7,J !ajIBled- YOUR R~F: TPM 81-16 UNIT 2 OUR NO.: 57909-1 REVISED IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLI:. IN'SURANGE, THE INSURER HEREBY REPORTS THAT IT IS PREPARED TO ISSUE" OR CAUSE'TO BE ISSUED, AS THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBED THE' LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY 'BE SUSTAINED BY REASON OF ANY DEFECT, L I EN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SEt, FORTH IN SCHEDULE 1 AND SCHEDULE 1 (CONTINUED) ATTACHED. COPIES OF THE POLICY 'FORMS SHOULD BE AEAD. 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 AS'SUMED HEREBY. Ii=' IT IS DESIRED tHAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY ,OF TITLE INSURANCE, A BINDER oA COMMITMENT SHOULD BE REQUEStED. DATED: JUNE 11, 1984 AT 7:30 A. M. TITLE' OFFICER FJU ~~ A'ONBEARS~ • SCHEDULE "A" ORDER -NO. 57909-1- R.EVISED THE FORM OF POLICY OF TITLE INSURANCE CONTEMPL,ATED BY THIS REPORT IS: SUBbIVISION GUARANTEE THE ESTATE oR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF lS VESTED IN: HOMES BY POLYGON, A CALIFORNIA CORPORATION, AS to A PORTION AND DAON CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR IN .INTEREST BY MERGER OF LA COSTA LAND COMPANY , AN I L.:L I NO IS CORPORAT I·ON, AS TO tHE REMAINDER THE LAND REFERRED TO IN THIS REPORT IS SITUAtED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING PORTIONS OF LOTS 9 AND 10 OF RANCHO LAS. ENCINITAS PER MAP NO. 848, ON FILE IN tHE OFFICE OF TRE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA .. • OUR NO,. 57909-1 REV. SCHEDULE· "B" PRINTED EXCEPTIONS AND ~XCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR: 1984-85 A LIEN, NOT YEI PAYABLE 2. SUPPLEMENTAL TAXES IF ANY PURSUANT TO CHAPTER 498 OF THE STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 3. A CERT I F I CATE OF COMPL I ANCE AFFECT ING THE HERE I N DE SCR I BED PROPERTY HAS BEEN RECORDED JULY 7, 1981 AS FILE NO. 81-213344 OF OFFICIAL RECORDS. 4. AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, DATED JULY 8, 1981., UN~ON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN 5. 6. 7. EXECUTED BY AND BETWEEN, DAON CORPORATION AND THE CITY OF CARLS·BAD, A MUNICIPAL CORPORATION ~ECORDED : SEPTEMBER 8, 1981 RECORDER'S FILE NO.: 81-286838 OF OFFICIAL RECORDS THE EXACT LOCATION OF SAID AGREEMENT CANNOT BE DET6RM·INED FROM· THE RECORD. ' AN AGREEMENT REGARDING PAYMENI OF A PUBLIC FACILITIES FEE, DATED .. JUNE 1, 1982, UPON THE TERMS, COVENANTS AND CON.oiTlONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN DAON CORPORATION AND THE CITY. OF CARLSBAD RECORDED : JUNE 16, 1982 RECORDER'S FILE NO.: 82-185683 OF OFFICI.AL RECORDS A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY HAS BEEN .' . RECORDED : JULY 2, 1982 RECORDER'S FILE NO.: 82-207276 OF OFFICIAL RECORDS AN AGREEMENT REGARDING DRAINAGE PLAN DATED AUGUST 18, 1982, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN DAON CORPORATION AND THE CITY OF CARLSBAD RECORDED : OCTOBER 25, 1982 RECORDER'S FILE NO.: 82-327302 OF OFFICIAL RECORDS . ' 8 . 9. lO. 11. • AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FgE, DATED DECEMBER 15, 1982, UPON THE TERMS, COVEN-ANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED BY AND BETWEEN DAON CORPORATION AND THE CfTY OF CARLSBAD, A MUNICI~AL CORPORATION RECORDED : JANUARY 7, 1~83 RECORDER'S FILE NO.: 83-006312 OF OFFICIAL RECORDS A REGORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND' DIMENSIONS OF SAID LAND. RECORD OF SURVEY MAP NO. 9293 AN AGREEMENT TO DATED BY AND BETWEEN REGARDING RECORDED RECORDER'S FILE WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 8, 1983 • · N'O. : DAON CORPORATION AND THE CITY OF CARLSBAD PAYMENT OF A PUBLIC FACILITIES fEE SEPTEBER 21, 1983 83~337167 OF OFFICIAL RECORDS A DEED OF TRUST STATED HEREIN ])ArED GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT NOVEMBER 1983 AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED RECORDER'S FILE · , f NO. : $2,120,809.40 . THE POLYGON CORPORATION, A CORPORATION TITLE fNSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION DOAN CORPORATIDN, A DELAWARE CORPORATION NOVEMBER 10, 1983· -83-409711 OF OFFICIAL RECORDS AND RE-RECORDED MAY 9, 1984 AS FILE NO. 84-172546 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO '. f DATED RECORDED : RECORDER'S FILE NO.: TRUSTEEES OF THE CENTRAL STATES, AND. SOUTHWEST AREAS PENS ION FLIND NOVEMBER 7, 1983 NOVEMBER 10, 1983 83-409712 OF OFFICIAL RECORDS SOUTHEAST 12. A DEED OF TRUST STATED HEREIN DATED GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT APR I L 12, 1984 $3,600,000.00 AMOUNT TRUSTOR TRUSTEE BENEFICIARY RECORDED : RECORDER'S FILE NO.: HOMES BY POLYGON, A CALIFORNIA CORPORATION MERIT SERVICE CORPORATI'ON, A CALIFORNIA CORPORATION MERIT SAVINGS AND LOAN ASSOCIATION, A. CALIFORNIA CORPORATION APRIL 20, 1984 84-145183 OF OFFICIAL RECORDS ... I' '. " . . -. ~ . • 13. AN AGREEMENT TO WHICH DATED REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DECEMBER 5, 1983 . BY AND BETWEEN REGARDING RECORDED : RECORDER'S FILE NO.: .. . CITY OF CARLSBAD, A MUNICIPAL CORPORATION, AND POLYGON CORPORATION, A CORPORATION AGREEMENT FOR WAIVER OF PROHIBITION AGAINST THE IMPOSITION OF C.ONDITIONS UPON THE APPROVAL OF AN EXTENSION OF A TENTATIVE SUBDIVISION MAP JANUARY 24, 1'984 84~027684 OF OFFICIAL RECORDS 14. A DEED OF T~UST GIVEN TO SECURE AN INDEBTEDNESS IN tHE AMOUNT STATED HEREIN DATED MARCH 4, 1984 A.MOUNT $356,300.00 TRUSTOR THE POLYGON CORPORATION, A WASHINGTON CORPORATION TRUSTEE CALIFORNIA LAND TITLE BENEFICIARY DEVELOPERS INSURANCE COMPANY, A CALIFORN1A CORPORATION RECORDED : MAY 7, 1984 RECORDER'~ FILE NO.: 84-168286 OF OFFICIAL RECORDS AFFECTS HEREIN DESCRIBED PROPERTY WITH OTHER PROPERTY TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT : 1983-84 9045 255-031-07 $3,282.500.00 $17,964.79 PAID . $17,964.79 PAID . ' " • SUBDIVI~ION'GUARANTEE FEE: $100.00 NO.: .57909 SUBDIVISION: TMg1-16 (UNIT 2) CALIFORNIA LAND TITLE COMPANY OF SAN DIEGO A CORPORATION GUARANTEES THE COUNTY OF SAN DIEGO AND ANY CITY WITHIN WHICH SAID SUBDIVISION IS LOCATED IN A SUME NOT EXCEEDING $1,000.00 THAT ACCORDING TO THOSE PUBLIC RECORDS WHICH, UNDER THE RECORDING LAWS, IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING THE TITLE TO THE LAND INCLUDED WITKIN THE EXTERIOR BOUNDARY SHOWN ON THE MAP OF THE ABOVE REFERENCED SUBDIVISION, THE ONLY PARTIES HAVING ANY RECORD TITLE· INTEREST-IN SAID LAND WHOSE SIGNATURES ARE NECESSARY, UNDER THE REQUIREMENTS OF THE SUBDIVISION MAP ACT, ON THE CERTIFICATES CONSENTING TO THE RECORDATION OF SAID MAP AND OFFERING FOR DEDICATION ANY STREETS, ROADS, AVENUES, AND OTHER EASEMENTS OFFERED FOR DEDICATION BY SAID MAP ARE: SEE EXHIBIT A ATTACHED THE MAP HEREINBEFORE REFERRED TO IS A SUBDIVISION OF: A PARCEL OF LAND BEING PORTIONS OF LOTS 9 AND 10 OF RANCHO LAS ENCINITAS PER MAP NO. 848.,' ON FILE' IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. ~ DATED FEBRUARY 10, 1984. AT 7:30 A.M. SUBDIVISION GUARANTEE CLTA GUARANTEE FORM NO. 14 (REV. 4-10-75) CALIFORNIA LAND TITLE COMPANY OF SAN DIEGO BY ~~(. n? I'"/:;-~'-. ASSISTANT VICEPRE~ , '. .1 EXHIBIT "A" o 1. THE POL~G~N CORPORATION, A WASHINGTON CORPORATION: OWNER 2. TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION, AS TRUSTEE UNDER A DE ED OF TRUST RECORDED NOVEMBE R 10, 19R3 AS FILE NO. 84-409711 OF OFFICIAL RECORDS \ --------PIELIMINAly IEPOIT--------- RICK ENGINEERING 5620 FRIARS RoAD SAN DIEGO, CALIFORNIA Date 2/17/84 Attentiori: BETSY Your No. TPM 81-16 Our No. 57909 Dated as of--,---I-F ... E"",-BI.l..RU""",AI..J.iR-'-Y.L..-1-,-,O,,,,-" __ --'-_, 19.-8.fl, at 7:30 A.M~ In response to the above referenced application for a policy of title insurance, the insurer hereby reports that it is prepared to issue, or cause to be issued, as 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 refer- red to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Condi- tions and Stipulations of said policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Schedule I and Schedule I (continued) attached. 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 r' the issuance of a policy of title insurance ,and no liability is assumed hereby. If it is desired that lia- bility be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. 412: lft:-0~-.. Title OffiCir i:-} , MC CARTY F I NKBONs,R The form of policy of title insurance contemplated by this report is: SUBDIVISION GUARANTEE The estate or interest in the land hereinafter described ,or referred to covered by this Report is: a fee Title to said estate or interest at the date hereof is vested in: THE POLYGON CORPORATION, A WASHINGTON CORPORATION T-1A . -~ -.. " _. I, __ '_ .. '-.. •. _ ... ,' ) .' ~ --.. - :,' " ORDER NO. 57909 The land referred to in this Report is situated in the State of California, County of and is described as follows: SAN DIEeJO 'A PARCEL OF LAND BE ING PORTIONS OF LOTS 9 AND 10 OF RANCHo LAS ENCINITAS PER MAP NO.' '848, ON' FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. At the date hereof exceptions to coverage in addition to the ExceptiOns and Exclusions in said policy form would be as follows: ' 1. GENERAL AND SPECIAL COUNTY AND CITY fAXES 2. FOR THE FISCAL YEAR~ FIRST INSTALLMENT SECOND INSTALLMENT : 1983-84 PAID NOW DUE AND PAYABLE SUPPLEMENTAL TAXES IF ANY PURSUANT TO CHAPTER 498 OF THE STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 3. A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREIN DESCRIBED PROPERTY HAS' BEEN RECORDED JULY 7, 1981 AS FILE NO. 81-213344 OF OFFICI AL RECORDS. page __ d.._ of -..:...&_ Pag~s T-19 -. 4. 5. 6. • AN AGREEMENT REGARDING PUBLIC FACILITIES FEES, o.ATED JULY 8, 1981, UNPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN EXECUTED BY AND BETWEEN, DAON CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION - RECORDED '.: SEPTEMBER 8, 1981 RECO~DER'S FILE NO.: 81-286838 OF OFFICIAL RECORDS AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED JUNE 1, 1982, UPON THE TERMS, COVENANTS AND CONDITIONS CONTAINED THEREIN, EXECUTED' BY AND BETWEEN DAON CORPORATION AND THE CITY ·OF CARLSBAD RECORDED : JUNE 16, 1982 RECORDER'S FILE NO.: 82-185683 OF OFFICIAL ~ECORDS A CERTIFICATE OF COMPLIANCE AFFECTING THE HEREfN DESCRIBtD .PROPERTY HAS BEEN RECORDED . ~ JULY 2, 1982 RECORDER'S FILE NO.: 82-207276 OF OFFICIAL RECORDS AN AGREEMENT REGARDING DRAINAGE PLAN DATED AUGUST 18, 1982,· UPON THE TERMS, COVENANTS AND -CONDITIONS CONTAINED THEREI N, EXECUTED BY AND BETWEEN DAON CORPORATION AND THE CITY OF CARLSBAD RECORDED . : OCTOBER 25, 1982 . RECORDER'S FILE NO.: 82-327302 OF OFFICIAL RECORDS 8. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DATED DECEMBER 15, 1982, UPON THE TERMS, COVENANTS AND CONDIT IONS . CONTAINED THEREIN, EXECUTED· BY A~D BETWEEN DAON CORPORATION AND THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION RECORDED . : JANUARY 7, 1983 RECORDER'S FILE NO.: 83~006312 OF OFFICIAL RECORPS 9. A RECORD OF SURVEY MAP PURPORTING TO SHOW VARIOUS BOUNDARIES AND DIMENSIONS OF SAID LAND. RECORD OF SURVEY MAP NO. 9293 10. AN AGREEMENT TO D-ATED WHICH REFERENCE IS. HEREBY MADE FOR FULL PARTICULARS SEPTEMBER 8, 1983 DAON CORPORATION AND THE CIty OF CARLSBAD BY AND BETWEEN REGARDING RECORDED : RECORDER'S FILE NO.: PAYMENT OF A PUBLIC FACILITIES FEE SEPTEBER 21, 1983 83-337167 OF OFFICIAL RECORDS • • , " • 11. A DEED OF TRUST GIVEN TO SECURE AN INDEBTEDNESS IN THE AMOUNT STATED HEREIN DATED NOVEMBER 1983 AMOUNT $$2,120,809.40 TRUSTOR THE POLYGON CORPORATION, A CORPORATION TRUSTEE TITLE INSURANCE AND TRUST COMPANY, A CALIFORNIA CORPORATION BENEFICIARY t!:>OAN" CORPORATION, A DELAWARE CORPORATI,CiN RECORDED ': mrVEMBER 10, 1-983 ' RECORDER'S FILE NO.: 83-409711 OF OFFICIAL RECORDS THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WAS ASSIGNED BY ASSIGNMENT TO DATED RECORDED : RECORDER'S FILE NO.: 12. THE EFFECT OF: TRUSTEEES OF THE CENTRAL STATES, AND SOUTHWEST AREAS PENSION FUND NOVEMBER 7, 1983 NOVEMBER 10, 1983 83-409712 OF OFFICIAL RECORDS SOUTHEAST AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED :' DECEMBER 5, 1983 BY AND BETWEEN CUOAN CORPORAT ION AND THE CITY OF CARLSBAD REGARDING AGREEMENT BETWEEN DEVELOPER-OWNER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBL Ie FACILITIES FEE RECORDED : JANUARY 21, 1984 RECORDER'S FILE NO.: 84-025423 OF OFFICIAL RECORD,S TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT ,. '. 1983-84 9045 255-031-07' $3,282.500.00 $17,964.79, PAID $17,964.79, UNPAID ."", I' SCHEDULE I e· CALIFORNIA L~ND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1973 SCHEDULE B This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise , ,by reason of the following: ~, Part I 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 ascer- tained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public rec.ords. 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)lJnpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or titfe to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or 'referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (includ- ing but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or here- after erected on the 'land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 8. .Rights of eminent domain or governmental rights of pOlice power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) createc:l, suffered, assumed or agreed to by the Insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not discloseq in writing by the insured claimant to the Company prior to the date such insured claimant became an insured here- .under; (c) resulting in no loss .or damage to the insured claimant; (d) attaching or created subsequent to Date .of Pelicy; .or (e) resulting in less or damage which would net have been sustained if the insured claimant had been.a pur- chaser or encumbrancer fer value without knowledge. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1979 EXCLUSIONS , In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: . T-le 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use improvements on the land land division environmental protection This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date -unless they appeared in the public records. that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks . 4. Failure to pay value for your title. 5. Lack of a right: tQ any land outside the area specifically described and referred to in Item 3 of Schedule A or In streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. .. " - • SCHEDtJLE I (Continued) A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE (AMENDED 10·17·70) SCHEDULE OF EXCLUSIONS FROM COVERAGE -"The following matters are expressly excluded from the coverage of this policy: T-1D 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning Qrdi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit- ing a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any viola- tion of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, su-ffered, assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the-insured mortgage and not disclosed in writing by the insured claim- ant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage te? the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments tor street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtednes$ to comply with applicable "doing business" laws of the state in which the land is situated. - AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 8-1970 - (AMENDED 10·17·70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordi- nances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibit- ing a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exerdse of such rights appear in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attac/:ling or created subsequent to Date of Policy; (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.