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HomeMy WebLinkAboutContracts & Agreements_187-2019Form No 1402 06 ALTA Owner's Policy (6 17 06) 1100302P050600 Policy Page 1 Policy Number 966720 OWNER'S POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of 1 Title being vested other than as stated in Schedule A 2 Any defect in or lien or encumbrance on the Title This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery fraud, undue influence, duress, incompetency, incapacity, or impersonation, (ii) failure of any person or Entity to have authorized a transfer or conveyance, (iii) a document affecting Title not properly created executed, witnessed, sealed, acknowledged, notarized, or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified, expired, or otherwise invalid power of attorney, (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law, or (vii) a defective judicial or administrative proceeding (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid (c) 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 The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land 3 Unmarketable Title 4 No right of access to and from the Land 5 The violation or enforcement of any law ordinance permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy use or enjoyment of the Land, (b) the character, dimensions, or location of any improvement erected on the Land, (c) the subdivision of land, or (d) environmental protection if a notice, descnbing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice 6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice 7 The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge 9 Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer consbtuted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors rights laws or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor 10 Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions First American Title insurance Company fl��neR°6 i tzili w e R ;,�;ff•n JefirP,ici Rctir ,,,n 14e4?.s+s-o-pv Form No 1402.06 Policy Page 2 ALTA Owner's Policy (6 17 06) Policy Number 966720 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 CO 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 Risks 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 Tide 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 CONDITIONS 1 DEFINITION OF TERMS The following terms when used in this policy mean (a) Amount of Insurance" The amount stated in Schedule A as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions (b) Date of Policy" The date designated as "Date of Policy" in Schedule A (c) "Entity" A corporation, partnership, trust, limited liability company, or other similar legal entity (d) Insured The Insured named in Schedule A (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin, (8) successors to an Insured by dissolution, merger, consolidation distribution, or reorganization, (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly owned by the same person or Entity, or if the grantee is a trustee or beneficiary of a trust created by a wntten instrument established by the Insured named in Schedule A for estate planning purposes (4) (e) (f) (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured 'Insured Claimant" An Insured claiming toss or damage Knowledge" or "Known" Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title (g) Land The land descnbed in Schedule A, and affixed improvements that by law constitute real property The term Land' does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy (h) 'Mortgage" Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law "Public Records" Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge With respect to Covered Risk 5(d), "Public Records shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the distnct where the Land is located (j) Title" The estate or interest described in Schedule A (k) "Unmarketable Title" Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase lease or lend if there is a contractual condition requiring the delivery of marketable title (i) 2 CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title This policy shall not Continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land or (ii) an obligation secured by a purchase money Mortgage given to the Insured 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice 4 PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this polity that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage 5 DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured This obligation is limited to only those stated causes of action alleging matters insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action It shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy (b) The Company shall have the right, in addition to the options contained in First American Titre Insurance Company Form No 1402 06 Policy Page 3 ALTA Owner's Policy (6 17 06) Policy Number 966720 Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured The Company may take any appropriate action under the terms of this policy whether or not it shall be liable to the Insured The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy If the Company exercises its rights under this subsection it must do so diligently (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order 6 DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is prejudiced by the failure of the Insured to furnish the required cooperation the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend prosecute or continue any litigation, with regard to the matter or matters requiring such cooperation (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage Further if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission in writing for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim 7 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy other than to make the payment required in this subsection, shall terminate, inc€uding any liability or obligation to defend, prosecute or continue any litigation (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (u), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation 8 DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance, or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10% and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions 9 LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title ail as insured in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured (b) In the event of any litigation including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title as insured The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company (c) 10 REDUCTION OF INSURANCE, REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment 11 LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title and the amount so paid shall be deemed a payment to the Insured under this policy 12 PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days 13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss First American Title Insurance Company Form No 1402.06 Policy Page 4 ALTA Owner's Policy (6 17 06) Policy Number 966720 (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds notwithstanding any terms or conditions contained in those instruments that address subrogation rights 14 ARBITRATION Either the Company or the Insured may demand that the clam or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules") Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Insured ansing out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy AB arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding upon the parties Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction 15 LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy, this policy shall be construed as a whole (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance 16 SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid but ail other provisions shall remain in full force and effect 17 CHOICE OF LAW, FORUM (a) Choice of Law The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this poircy In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law (b) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction 18 NOTICES, WHERE SENT Any nobce of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at 1 First American Way, Santa Ana, CA 92707, Attn Claims Department POLICY OF TITLE INSURANCE First American Title Insurance Company Form No 1902.06 Policy Page 5 ALTA Owner's Policy (6 17 06) Policy Number 966720 SCHEDULE A First American Title Insurance Company Name and Address of the issuing Title Insurance Company First American Title Insurance Company 3281 E Guests Road, Suite 440 Ontario, CA 91761 File No • NCS-966720-ONT1 Policy No. 966720 Address Reference 302 West Colton Avenue, Redlands, CA 92374 Amount of Insurance $60,000 00 Premium $458 00 Date of Policy August 22, 2019 at 4 29 P.M. 1. Name of Insured' Bakti Luminta and Yunita Hera Wati, husband and wife as point tenants 2 The estate or interest in the Land that is insured by this policy is Fee Simple 3 Title is vested in Bakti Luminta and Yunita Hera Wati, husband and wife as joint tenants 4 The Land referred to in this policy is described as follows Real property in the City of Redlands, County of San Bernardino, State of California, described as follows LOT 1 IN BLOCK A OF VALLEY VIEW ADDITION, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 OF MAPS, PAGE(S) 14 RECORDS OF SAID COUNTY First American Title Insurance Company Form No 1402.06 Policy Page 6 ALTA Owner's Policy (6 17 06) Policy Number 966720 SCHEDULE B File No NCS-966720-ONT1 Policy No 966720 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' Part One 1 (a) Taxes or assessments that are not shown as existing Hens 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 Part Two 1 General and special taxes and assessments for the fiscal year 2019 2020, a lien not yet due or payable 2 The lien of supplemental taxes, if any, assessed pursuant to Chapter 3 5 commencing with Section 75 of the California Revenue and Taxation Code 3 An Agreement executed by Robert Bedew, et ux , Stanley C Allen and Mrs Rosa Waghers, recorded May 06, 1913 in Book 529, Page 29, of Deeds, relating to sewer pipelines and laterals, and an Agreement that expense of constructing and maintaining same shall be herein in equal shares by said parties 4. An easement for public utilities and incidental purposes in the document recorded January 19, 1955 in Book 3549, Page 286 of Official Records First American Title Insurance Company Form No 1402 06 Policy Page 7 ALTA Owner's Policy (6 17 06) Policy Number 966720 5 An easement for irrevocable roadway and incidental purposes, recorded March 27, 2009 as Instrument No 2009-0130419 of Official Records In Favor of City of Redlands, a Municipal Corporation Affects As described therein 6 Any facts, rights, interests or claims which would be disclosed by a correct ALTA/NSPS survey 7 Rights of parties in possession First American Titre Insurance Company Form No 1402.06 Policy Page 8 ALTA Owner's Policy (6 17 06) Policy Number 966720 First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future we may ask you to provide us with certain information We understand that you may be concerned about what we will do with such information particularly any personal or financial Information We agree that you have a nght to know how we will utilize the personal information you provide to us Therefore together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information Applicability This Privacy Policy governs our use of the information that you provide to us It does not govem the manner in which we may use information we have obtained from any other source such as information obtained from a public record or from another person or entity First American has also adopted broader guidelines that govern our use of personal information regardless of its source First Amencan calls these guidelines its Fair Information Values Types of Information Depending upon which of our services you are utilizing the types of nonpublic personal information that we may collect include. • Information we receive from you on applications, forms and in other communications to us whether in writing In person, by telephone or any other means, • Information about your transactions with us, our affiliated companies, or others, and • Information we receive from a consumer reporting agency Use of Information We request Information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party Therefore, we will not release your information to nonaffiliated parties except (1) as necessary for us to provide the product or service you have requested of us, or (2) as permitted by law We may, however store such information indefinitely, including the period alter which any customer relationship has ceased Such inrornation may be used for any internal purpose such as quality control efforts or customer analysis We may also provide all of the types of nonpublic personal Information listed above to one or more of our affiliated companies Such affiliated companies include financial service providers such as title insurers property and casualty Insurers, and trust and investment advisory companies, or companies Involved In real estate services such as appraisal companies, home warranty companies and escrow companies Furthermore we may also provide all the Information we collect, as described above, to companies that perform marketing services on our behalf on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements Former Customers Even if you are no longer our customer our Privacy Policy will continue to apply to you Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your infornabon We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy Issues on the Internet We believe it is important you know how we treat the information about you we receive on the Internet In general you can visit First Arnencan or its affiliates Web sites on the World Wide Web without telling us who you are or revealing any information about yourself Our Web servers collect the domain names, not the e-mail addresses, of visitors This information is aggregated to measure the number of visits average time spent on the site, pages viewed and similar information First American uses this reformation to measure the use of our site and to develop ideas to Improve the content of our site There are times, however, when we may need information from you, such as your name and email address When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information Usually the personal information we colied is used only by us to respond to your inquiry process an order or allow you to access specific account/profile information If you choose to share any personal information with us, we will only use it in accordance with the polities outlined above Business Relationships First American Financial Corporation's site and its affiliates sites may contain links to other Web sites, While we try to link only to sites that share our high standards and respect for privacy we are not responsible for the content or the privacy practices employed by other sites Cookies Some of First American's Web sites may make use of 'cookie' technology to measure site activity and to customize information to your personal tastes A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive EirstAm.mm uses stored cookies The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience Fair Infarrnatron Values Fairness We consider consumer expectations about their pnvacy in all our businesses We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy Public Record We believe that an open public record creates significant value for society enhances consumer choice and creates consumer opportunity We actively support an open public record and emphasize its importance and contribution to our economy Use We believe we should behave responsibly when we use information about a consumer in our business We will obey the laws governing the collection use and dissemination of data Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate Where passible we will take reasonable steps to correct inaccurate information When, as with the public record, we cannot correct inaccurate information we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy We will instruct our employees on our fair information values and on the responsible cotlectton and use of data We will encourage others in our industry to collect and use Information in a responsible manner Security We will maintain appropriate facilities and systems to protect against unauthonzed access to and corruption of the data we maintain Form 50 PRIVACY (9/1/10) Page 1. of 1 Privacy Information (2001 2010 First American Financial Corporation) First American Title Insurance Company