HomeMy WebLinkAboutCDP 06-30; TABATA BLACKRAIL ROAD ESTATES; Coastal Development Permit (CDP)ORDER NO. 3013069-27
***** NOTES *****
SPECIAL NOTE:
NOTICE OF CHANGE IN OWNERSHIP RECORDING PROCEDURE
EFFECITVE JULY 1, 1985, PURSUANT TO A NEW STATE LAW (SECTION 480.3 OF THE
REVENUE AND TAXATION CODE), ALL DEEDS AND OTHER DOCUMENTS THAT REFLECT
A CHANGE IN OWNERSHIP, MUST BE ACCOMPANIED BY A PRELIMINARY CHANGE OF
OWNERSHIP REPORT, TO BE COMPLETED BY THE TRANSFEREE.
IF THIS SPEGAL REPORT IS NOT PRESENTED AT THE TIME OF RECORDING, AN
ADDITIONAL RECORDING FEE OF $20.00, AS REQUIRED BY LAW, WILL BE CHARGED.
PRELIMINARY CHANGE IN OWNERSHIP FORMS, INSTRUmONS ON HOW TO
COJ'.1PLETE THEM, AND A NON-EXCLUSIVE LIST OF DOCUMENTS THAT ARE AFFECTED
BY THIS CHANGE1 ARE AVAILABLE FROM THE COUNTY RECORDER'S OFFICE OR THE
OFFICE OF THE COUNTY ASSESSOR.
IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNE010N WITH THIS
TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS fOR
CHECKS DEPOSITED TO ESCROW OR SUBESCROW ACCOUNTS. THE MANDATORY
HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS
ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD
PERIOD FROM TWO TO SEVEN BUSINESS DAYS AFTER THE DATE OF DEPOSITED.
TO FAGLITATE THE ELECTRONIC TRANSFER OF FUNDS TO NORTH AMERICAN TITLE
COMPANY THE FOLLOWING IS PROVIDED FOR YOUR USE:
THE WIRING INSTRUCTIONS FOR
COMERICA BANK ARE AS FOLLOWS:
Camerica Bank
411 West Lafayette
Detroit, Michigan
ACCOUNT #1891528299 ABA #121137522
OUR NO.: 3013069-27
Page 12
ORDER NO. 3013069-27
NOTE NO.1. CONTINUED
BE SURE TO REFERENCE OUR ORDER NUMBER AND TITLE OFACER NAME.
SHOULD THIS OFFICE BE REQUIRED TO WIRE FUNDS OUT AT CLOSE OF ESCROW,
PLEASE BE INFORMED THAT WIRING INSTRUcnONS SHOULD BE RECEIVED AS SOON
AS POSSIBLE, BUT NO LATER THAN THE FOLLOWING TIMES.
WIRES OUTSIDE THE STATE OF CAliFORNIA:
11:00 A.M. ON DATE OF WIRE
WIRES WITHIN THE STATE OF CAUFORNIA:
12:00 P.M. ON DATE OF WIRE
EFFECfIVE JANUARY 1, 1991
A SERVICE CHARGE OF $25.00 WILL BE ASSESSED FOR ALL FUNDS DISBURSED BY
THIS COMPANY BY WIRE.
NOTE NO.2.
PAYOFF REQUIREMENT
IF ANY OF THE DEEDS OF TRUST SHOWN IN THIS PREUMINARY REPORT SECURES A
REVOLVING CREDIT LOAN, THIS COMPANY WILL REQUIRE PRIOR TO CLOSING THAT:
1. THE BORROWER PROVIDE AUTHORIZATION TO THE LENDER TO FREEZE THE
LOAN FROM FURTHER DISBURSEMENTS AND THAT WE BE PROVIDED WITH
PROOF THAT THE ACCOUNT HAS BEEN FROZEN AND THE EFFECflVE DATE OF
THE FREEZE.
2. ALL UNUSED CHECKS, VOIDED CHECKS AND/OR CREDIT CARDS BE
SUBMITTED TO THIS COMPANY.
3. THERE ARE NO OUTSTANDING CHECKS UNPAID.
4. SHOULD THE COMPANY BE UNABLE TO ASCERTAIN THAT ONE OR MORE OF
THE ABOVE HAVE NOT BEEN COMPUED WITH, WE WILL WITHHOLD FROM THE
PROCEEDS THE MAXIMUM AMOUNT OF THE LOAN OBUGATION UNTIL SUCH
TIME AS WE MAY VERIFY THAT THE PAYOFF WAS SUFACIENT TO OBTAIN A
FULL RECONVEYANCE.
Page 13
• ORDER NO. 3{)13069-27
Privacy Policy Notice
(as of July 1, 2001)
We at the North American TItle family of companies take your privaCy very seriously. We do not share
your private information with anyone except as necessary to complete your real property, title insurance
and escrow transaction.
OUR PRIVACY POUGES AND PRACTICES
1. Information we collect and sources from which we collect it: We collect nonpubIic personal
information from you from the following sources:
* Information we receive from you on applications or other forms.
* Information about your transactions with us, our affiliates or others.
* Information from non-affiliated third parties relating to your transaction.
"Nonpublic personal information" is nonpublic information about you that we obtain in connection with
providing a product or service to you.
2. What information we disclose and to whom we disclose it: We do not disclose any nonpubIic personal
information about you to either our affiliates or non-affiliates without your express consent, except as
permitted or required by law. We may disclose the nonpublic personal information we collect, as
described above/ to persons or companies that perform services on our behalf regarding your transaction.
"Our affiliates" are companies with which we share common ownership and which offer real property,
title insurance, or escrow services.
3. <pur security procedures: We restrict access to your non public personal information and only allow
disclosures to persons and companies as permitted or required by law to assist in providing products or
services to you. We maintain physical! electronic! and procedural safeguards to protect your non public
personal information.
4. Your right to access your personal information: You have the right to review your personal information
that we record about you. If you wish to review that information, please contact your local North
American TItle office and give us a reasonable time to make that information available to you. If you
believe any information is incorrect, notify us, and if we agree! we will correct it. If we disagree, we will
advise you in writing why we disagree.
5. Customer acknowledgement: Your receipt of a copy of the preliminary report! commitment! your
policy of insurance, or escrow documents, accompanied by this Notice will cons,titute your
acknowledgement of receipt of this Privacy Policy Notice.
North American Title may also share your information with an insurance institution, credit reporting
agency! insurance regulatory authority, law enforcement, other governmental authority, actuary, or
other research organization for purposes of detecting or preventing fraud, crimes, or
misrepresentations in connection with an insurance or real estate transaction! resolving claims or
service disputes, investigating suspected illegal or unlawful activities! or for conducting actuarial or
research studies.
• Exhibit A
List Of Printed Exceptions And Exclusions (By Policy Type)
1. California Land Title Association Standard Coverage Policy-1990
Exclusions From Coverage
The following mallers are expressly excluded from the coverage of this policy and the Company will nol pay loss or damage, cosl, attorney's fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (includIng but nolllmitEd to bunding or zoning laws. ordinances, or regula!ions) restricting, regulating, prohibiting or relating to (i)
tlJe occupancy, use, or enjoyment of the land; (ii) the character, dImensions or locations of nay 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 an)' parcel of which thE' land Is or was a part; or (iil) environmental protection. or thE' effect of any violation of these laws,
ordinan::es or governmental regulalions, except to the extent that a notice 01 the enforcement thEreof or a notice of a de!ect, !'en or encumbrance resulting from violation or
alleged violation affecting the land has been recorded in the public records al Dale of Policy.
(b) An)' governmental police power nol excluded by (a) above, except to the extent that a nolice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a
violation or a!leged violation affecting the laml has been recorded in the public records iiI Date of Policy.
2. RighI of eminent domain unless nollee of the exercise thereof ha!:' been recorded in the public records at Date of PoU::)', but n::lt excluding from coverage any taking whi::h has
occurred prior to Dale of Policy lIvhich would be bind;ng on the rights of a purchaser for value wilhoul knowledge.
3. Defects, liens, encumbrances, adverse claims. or other mallers:
(a)
(b)
{c)
(d)
(e)
whether or not recorded in the public records at Date of Policy. but crealed, suffered, assumed or agreed to by the insured claimant
no! known to the Company, nol recorded in lhe public records al Date of Policy, but known to the insured claim an! and nol disclosed in .... 'filing 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;
attaching or created subsequent to Date 01 Policy; or
resulting in the loss or damage lNhich would no! have bEEn sustained if the msur€ed claimanl had paId value for the insured mortgage or for the estate or ;nteresllnsured bl,' this
policy.
4. Unenforceability 0; the lien of the insured mortgage because of the mabillty or fa'llure a! Ihe insured a! Date of Poiley. or the inabilJly of any subsequent owner of the
indebtedness, to comply with the applicable doing business laws of the slale in which tl-Jatland is situated.
5. Inval,dity or unenforceability of t~ hen 01 thf insured mortgage. 0' claim thereof, lNhich anses orr. ol the transactIOn eVidenced by the Insured mortgage and is based upon usury
or any consumer credit protection or truth in lendIng law. s Any ciaim, which arises out of the transaction vesting in the insured ttle €slat€ or Inleres! insured by their policy or th" transaction creallng thf mterest of the Insured lender, by
rEason 01 the cperaUon of federal bankruptcy, state Insol_ency or s,miiar credItors' TIghts laws.
EXCEPTIONS FROM COVERAGE -Schedule 8 Part 1
ThiS Policy does no! inSurE agalns! loss or damage (and the Company will not pay costs, al1omeys' fees or expenses] which arise b,' reason of:
1. Taxes or assessments which are nol sholll'11 as ul~lng her,s by the recoros of any ta~Jng aL.1hort)' that levies taxes or assessmEnts on real property or by the publJc records.
Pro~eedlOg by e pub!.c agency VI'hich may result 1'11axes or aSSEssment or notices a! such pro:eed:ngs, ",'hethar 0" n::lt shoVl";} by t"E records of such agency or by the public
records.
2. A11Y facts, rights, j"lerests or claims \'llich are no! shown by t"e public reccrds but lNhi::h could be ascertained by an inspection 01 thE land or W1lch may be asserted by persons
in procession thereof.
S. Easements, liens or encumbrances. or claims thereof, which are not shc",,'n by the public records.
4. D:SCr6PEn::ies. con!llcts in b:lU'1dar), linss, sh~rtEge in afEE. encroachmEnts, or 5ny other fac!s which a correct sun:ey wouid Q;ECIOSe, and which are nol sho\l.'l1 by the publIc
records.
5. (a) Unpatented m;nIng claims; (b) reser~6tiQns or expectations in patents or in Acts authorizing the issuan::e thereof; (c) water rights, claims or title to water, whether or not the
matters expected under (a), (b), or (c) are shown by the public records.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM -1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. An)' law, ordinance or govemmental regulation (Including but not I:mited to building and zoning ord'nances) restricting or regulating or prohibIting the occupancy, use or
enjc}'lTlent of the rand, or reg!.11ating the character, dimensions or location of any i:npr*"vement now or hereafter erected on the land. or prohibiting a separation i'1 o\\o:nership or a
reeu::t!on in the dimensions of area of the land, or the effecl of any violation of any such law, ordinance or govemmental 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 matlers (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Compan:,' and not
!Shc'Nll b)' the public records but known to the hsured claimanl ei1hET CI Date 01 Policy or at the date such claimant acquired an estate or inteTesl insured by this policy and
d;sclosed in writing by the insured claimant to the Compan)' prior to the; dale such i'lsured claimant became an im:ured herEUnder; (c) resulting in no loss or damage to the
insured claimant; (d) atlaching or created subsequent 10 Date of Pelley; or (e) rewllir-g in lass or damage which would n:)1 halle been sustained if the insured c;aimant had paid
value for the estate or interesl insured by this,policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B-1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and no! as an Extended Co"erage Pe];::y tha eyclusions sel fcrth In paragraph 2 abOVE arE used
and the following expectations to coverage appear in the policy.
SCHEDULEB
Thl~ policy does not insure against loss or damage by reason 01 the mailers sf]own in parts one and two foHowing:
Part One:
1. Taxes or assessments which are nat shawn as existing liens by the records of any taxing autl)ority that levies taxes or assessments on reaf property or by the public records.
2. Any facts. right. interests, or claims which are '101 shown by the public records buI ",'!'"ch could be ascertained by an inspeclion oj said land or by making inquiry of persons in
possessions thereof.
3. Easements, claims of easement or encumbrances which are nol shown by the public records
'" Discrepancies, conflicts in boundery lines, shortage in area, enctoachrne'1ts, or any olner facts which a correct survey would d:sclose, end which are nol shown by public record.
5 Unpatented mining claims: resel"\iahans or r,xcepl,ons in patents or in Acls aulhonzing the issuance thereol; weter rights, claims o~lrtle water.
S Any lIen, or right to a lien, fOI s€l"\iices labor or material heretofore or hereafieriumished, imposed by law and not shown by the public record,
4. AMERICAN LAND TITLE ASSOCIATION LOAN POllCY-1970
WITH A.loT.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulaIJon (Including but not limited to buildIng and zonong ordInances) restm:tlng or regulatIng 01 prohit>rtlng the occupancy, use or
enjoyment of the land, or regulaMg the charac:ter, dimenSiOns or Iocahon 01 any Improvement now or hereafter erected on the land. or prohit>rtong a separation in ownership or a
reduction In the dImensiOns or area 01 the land. or the effect of any VIOlatIOn of any such lawordmance or governmental regulatton.
2.
3,
Rights of eminent domain or governmental rights Of. power unless nollce ot the 'exercise 01 such rights appeaA public records al Date of Pohcy.
Defects, liens, encumbrances, adllerse claims, or other matters (a) created, suffered, assumed or agreed 10 by the i!1Sured clamant, (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 claimanl acquired an estate or interest insured by this policy or
acquired the insured mortgage and no! disclosed in wriling by the i!1SUfed claimant to the Company prior to the date such insured claimant became an insured hereunder; (0)
resulting in no loss of damage to the insured claimant; (d) attaching or created subsequent 10 Date of Policy ( e)(cept to the extent i!1Suranoe is afforded herein as to any statuto!},
lien for labor or material or to thE< extent insurance is afforded herein as to assessments for street imprcvements under CO!1Struction or completed at Date of Policy}.
4. Unenforceable of the lien cf the insured mortgage because of failure of the Insured at Date of Policy or of an)' subsequent owner of the indebtedness to comply with applicable·
doing business' laws of the state which the land is sHuated.
5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS
When the American Land title Association Lenders Policy is used as a Standard CO\ierage Pcltey and not as an Extended Coverage Policy. the exclusions set forth in paragraph 4 above
are used and the following exceptions to coverage appear in the policy.
SCHEDULEB
This policy d:>es not insure against loss or damage by reason of the matiers shown in parts one and two following:
Part One:
1. Taxes or assessments which are nol shewn as e).is!ing liens by the records of an)' taxing aUlnorit)' that levies taxes or assessments on real property or by the publio Tecords.
2. Any facts. Tights, interests, or claims which are not sho.vn by the public records bUl which cculd be ascertained by an inspection of said land or by making inqu;l)' of persons in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the publio records.
4. Discrepancies, conflicts in boumlal)' lines, shortage in area, em:roacnmen!s or any other facts which c correct £Orvey would disclose. and which are not shown by publIC record.
5. Unpatented mining claims; reSErvatiOns er expectations in patents or In Acts authorizing the issuance thereof; water right, claims or title to water.
6. Any lien, or nght to c lien, for services laber or material therefore or hereafter furnished, imposed by law and no! shown by the pubhc records.
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
1, (a) Ar,y law, ordinance or govemmental regulation (1r):ludlng but nollrmlted 10 buildlTIg and zoning laws, ordinances, or reguiat,ons) restncting, regulating, prohibiting or relating 10 (i)
the occupancy, use, or enjoyment oj the la'ld; (Ii) the charaCler, dImensions or location of any l'Tlprovemen! now or hereafter erected on the land, (iii) a separation on o"'nersrl!p or
a change in the dm,ensio'ls or area 01 the land or an, parce' o! whIch the land is 0' was ;; part; or (IV) enwonmenta! protectoon, or the effect o! any lIiolation 01 these laws,
ordinances or governmental regulatIOns, e~cept to the extent that a notice of the enforcement thereof or a notice of a defect, hen or encumbrance resultlTI9 form VIolatIon or
alleged Violation affecting the land has been recomed In the pJJbhc records at Date of Pohcy,
3.
4.
5.
6.
7.
(b)
(a)
(0)
(c)
(d)
(e)
(i)
(i')
(iii)
Any gO\!ernmel1tal pohce power not excluded by (a) abolle except to the extent that a nohee of the exercise It'lereo! or a nOhee of a defect, hen or encumbrance resulting from a
violation of alleged v,olatlon affectmg the land has been recorded in the public records at Date of Policy,
Rights of emment d:Jmain unless notice of the exercise thEreof has been recorded in the pubiC records al Dale o! PoJic)', but not excludIng from coverage any taking which has
occurred pnor 10 Date 01 Fahey which woulc:! be bir)dmg on the rights 01 a purchaser lOT ~alue WlthoUl knowledge.
Defects, liens, encumbrances, adverse claIms or other malters;
created, suffered, assumed or agreed to by the insured claimant;
no! known to the CO'11pany, no~ recorded in the publiC recardE aj Date 01 Poliey, bul known to tiJe insured claimant and nol discloses In writing to the COmpE'1), by the i:1sured
claiman! prior to the date the insured clalman! became an insured under this poliey.
Resulting in no loss or damage to the insured claimant;
Attaching or crEated 5ubsEc;uenl to Dale of Poll::~' (except to the extent thEt this policy insures the priority 01 the liEn 01 the insured mortgage o\'er any slaluto!}, lien for ser"ices.
labor or material or the extent i:1surance is afforded herein as to assessments for street improvements under construction or completed as date of policy}; or
ResuWng in losS or damage which would n~l have been sustaIned ilthe insured claimant had paid value for the insured mortgage.
Unenforceable of thE lien of the insured mortgage because of the in5billty or laHure of the insure::! a1 Date of PclJcy, 0, the inabilil)' or failure of any subsequent owner of the
indebtedness, to comply wilh apprcable dO'ng business laws of the state in which the land is situated.
invalidIty or unenforceabi1i:y o! the lien of the Insured mortgage. or claim th6reol. v.11:c:h "rises out of the transaction evidenced by the i!1Su~ed mcrtgage and is based upon usu!}'
or any consumer credit protection or truth in lending law.
Any Statutol)' lien for serviCES. laboT or materials (or the claim of priorit)' of any statU!OI), EEn for services, labor or materials over the lien of the insured mortgage) arising from an
improvement or work rel5te::! to the land which is contracted for and commenced subsequent to Date of PoliCY and is no! fmam::ed in whole or in part by proceeds of the
indebtedness secured b)' the insured mortGage v..ilich at Date of Policy the Insured has advanced or is obligated to adllance.
Any claim, which anses out 01 the transaction creating the interest of the mortgage insured by this poli::)'. b~' reason of the operation of the federal bankruptcy, stete hso1vency, or
similar creditors' rights laws, that Is based on:
The transaction creating the intErest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or
The su!lordinat,on of thE inleres! 01 the insured mortgagee as a result of the applicatio:l of the doctrine of equitable subord,natio'1; or
The transac!1on creating the in!Hest of the i'lsured mortgagee be'ng dEemed a preferentlsllransfer EXcept whEre the preferential transfer re~ult5 from the failure;
(a} to timely record the instrument of transfer; or
(b) of such recordation to impact notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Tl1Ie h5so::e!ion pO'IC)' is used as a Standard CO\,ETcgE Poky and nol as an Exler,ded Coverage Pellc}' the El<clUSiO'ls set f~rth in paragraph 6 above are used
and the fallowing exceptions to coverage appear in the policy.
SCHEDULEB
This policy does not insure a~ainslloss 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 lhe records of any taxing authOrity that levies taxes or assessments on real property or by the publlo records.
2. Any lacts, righi, interest, or claims which are no! shown by the public records but which could be ascerlained bl' an inspection 01 said land or by making inquiry of possessIon
lhereof.
3. Easement. claims of easement or encumbra'1ces which are not shown by Ihe public records.
4. Discrepancies, conflicts in bour>dal)' lines. shortage Jl'l area. encroachments. or any ether facts v.<hich a correct survey would disclose, and which are not shown by public records.
5, Unpatented mining claims; reservations or exception in patents or in Acts aulhonzing the issuance liJereof; waler nghls, claims or title 10 water.
S Any lien, or right to a hen. fo~ services, labor or material theretofore or hereafter furnished, imposed by law and no! shown by the public records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLlCY -1992 EXCLUSIONS FROM COVERAGE
The follOWIng matter are expreSSly excluded from the coverage of this pOlICY and the Company will not pay lass or damage, cost, attomey's lees or expenses which anse by reason of:
1 (a) Any law, ordmance 01 govemmental regu'atlon (lncludmg bul nollrmlted to budding and zonmg laws, ordlnam::es, or regulatIons) restricllng, regulating, prohibltrng or relating to (i)
the occupancy, use, or enjoyment Of the la'1d: (ii) t,>e character, dImenSIOns or locatIon a! any,mprovemenl now or hereafter erected on the land: (iii) B separation in ov.mershlp or
a change in the dime!1Slo!1S or area 01 tne 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 govemmental 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 pohce power not excluded by (a) above, except to the extent Ihat a nohce of the exercise thE<rEol or a nohce of a OBlect, hen or encumbrance resultmg from a
viola 110'1 or alleged violation affeclmg the land has been recorded in the pubhc records at Date of PoliCY.
2, RIghts of eminent domain unless oollce of the exerCISe thereof has been recoroed In the publIC records at Dale of Pohey, but not excluding frorn cO\!erage any takIng which has
occuned pnor to Date of Pohcy whICh would
3.
(a)
(b)
Be binding on the rights of a purchaser for value wit.nowIedge.
Defects. liens. encumbrances. adverse claims or other matters:
Created, suffered assumed or agreed to by the insured claimant;
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) ResuHing in no loss or damage to the insured claimant;
(d) Attaching or creatad subsequent to Date of Policy; or
(e) Resulting in loss or damage which lNOuld no! have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting In the Insured the estate or interest insured by this policy, by reason of the operation of federal
bankruptcy. state insolvency. or similar creditors' rights laws. Thai is based on:
(I) The transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) The transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) To timely record the instrument of transfer, or
(b) Of such recordation to impart notice to a purchaser for value or judgment or lien creditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph
B above are used and the followmg exceptions to coverage appear in the policy:
SCHEDULE B
This policy does nol insure against loss or damage (and the Company will nol pay costs, al1omey's lees or expenses) which arise by reason of:
Part One:
1. Taxes or assessments which are no! shown as existing hens by the records of any laxing authority thal levies taxes or assessments on real property or by the
public records.
2 Any lacts. rights, interests, or claims which are no! shown by the public records but which could be ascertained by an inspection of said land or by making
inqUiry in possession thereof.
3. Easements, claims of easement or encumbrances which are nol shown by1he publIC records
4 Discrepancoes, confhcts In boundary hnes, Shortage in area, encroachments, or any olher facts which a correct survey lNOuld disclose, and whICh are not shown
by publIC records
5. Unpatented mlOing claims; reservations or exceptions 10 patents or in Acts authonzmg the Issuance thereof; waler rights, claims or tille to water.
6. Any lien, or right to a hen, for services, labor or material therelofore or hereafter furnished, imposed by law and not shown by the public records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS
In addition to the Exemptions in Schedule B. you are not insured againslloss, costs. attorney's fees and expenses resulting from:
1. Govemmental policy 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
Land
dlvis;
on
Improvements
on the land
This exclusion does not apply to violation or the enforcement of these matlers which appear in the public records at Policy Date.
This exclusion does nollimit the zoning coverage described items 12 and 13 of Covered TItle Risks.
Environmental protection
2. The right to take the land by condemning it. unless:
• A notice of exercising the right appears in the public records on the Policy Date.
• The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Tille Risks:
4.
5.
• That are created. allowed, or
agreed to by you.
• That are known to you. but not to us, on the Policy Date -unless they appear in the
public records
That result in
no loss to you
Tllat first affect your title after the Policy Date -this does not limit the labor and material lien coverage In Item B
01 Covered Title Risks
Failure to pay value for your title.
Lack of a right:
• To any land outside the area speCifically described and referred to in Item 3 of
Schedule A. or
This excfusion does not limit the access coverage in Item 5 of Covered Tille Risks.
11. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98) EXCLUSIONS
In streets, alleys, or waterways that touch your
land
In additIon to the Exceptions in Schedule B, yoU are not insured against loss. costs attorney's fees and expenses resutling from:
1. Governmental police power, and the existence or violation of any law or govemment regulation. This includes ordinances. laws and regulations concerning:
(a) Building
(b) Zoning
(c) Land use
(d) Improvements on the land
(e) Land division
(I) Environmental protection
ThiS exclusion does not apply to violations or the enlorcement of these matters if notice of the violation or enforcement appears in the Public Records at the
PohcyDate.
ThiS ExclUSion does not hmitthe coverage described in Covered Risk 14, 15. 16, 17, Of 24.
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 apply to
violations of buildlOg codes If notice of the violation appears In the Public Records a\ the Policy Date.
3. The right to take the Land by condemning it, unless:
(a) A notice of exercISing the right appears in the Public Records al the Policy Dale; or
(b) The laking happened before the Policy Date and IS binding on You if You boughllhe Land wilhout KnoWlllQ of lhe taking.
4. Risks:
(a) That are created. allowed, or agreed to by You, whether or nol they appear," the Public Records;
(b) That are Known to You at the Portcy Date, but not 10 Us, unless they appear," the PublIC Records at lhe POltey Date;
(c) That result'" no loss to You, or
(d) That hrst occur after the PoliCy Date -thiS does not hmn the coverage described In Covered RISk 7. B.d, 22, 23, 24, or 25
5 Failure to pay value for Your Tille
6 Lack 01 a nght
(a) To any Land outside the area specifically described and re\ened 10 In paragraph 3 of Schedule A, and
(b) In Slreets. alleys or _terways that touch the land Thos ExckJslon does not limn the coverage descnbed In Covered RISk 11 or 1B