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HomeMy WebLinkAboutDeeds & Easements_4-2001EFIRST AMEMICAN TITLE RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF REDLANDS Office of the City Clerk P. O. Box 3005 Redlands, CA 92373 A.P.N.: 171-089-13 Recorded in Official Records, County of San Bernardino, Larry Walker, Recorder Doc No. 20010362671 3.00pm 08/09/01 1 2 3 4 5 s 7 a 9 0 PG FEE APF GIMS PR CPY CRT CPY ADD NM PEN PR PCDq 0 NON ST LN SYY CIT-CD TRANS TAY DA CHgG EXAM Zip. ga07 es Sub / Reo GRANT DEED THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY none [ ] computed on full value of property conveyed, or [j computed on full value less value of liens or encumbrances remaining at time of sale, ] unincorporated area; [ ] City of Redlands , and Order No.: 4226' FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, TROY C. DITT, a married man hereby GRANT(S) to CITY Or, RE, DLANDS, a municipal corporation the following described property in the City of Redlands, County of San Bernardino State of California; Lot 15 TIMMON' S FIRST ADDITION, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, Page 76, in the Office of the County Recorder of said County, Except therefrom the westerly 10 feet, measured along the north line of said lot, and the easterly line being parallel to the westerly line of said lot. Docurn-nt Date: .Tune 15, 2001 T OY . D1TT GRANT DEED CONTINUED ON NEXT PAGE Mail Tax Statements to: SAME AS ABOVE or Address Noted Below A.P.N.: 171-09-13 CONTINUATION OF GRANT DEED STATE OF CALIFORNIA )SS COUNTY OF E3e4wr-8 ) On 7UMe 7-4 before me, Ay"`t JJ) L307A j pj4J 7_ Notary Public personally appeared - eoy a. ►'ri personally known to me (or proved to me on the basis of satisfactory evidence) to be the L "rs n(s) whose ULnie(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same i— i jW—rher/their authorized ca aci (ies) and that by hislher/their signatur�e(s) on the instrument the2erson(s) or the entity upon behalf of which the ep rson(s) acted, executed cite instrument. r WITNESS my !rand and official seal. F"ar t,Tt tAMR BRYANT Comm. # 1180881 0 NOTARY PUBLIC-CALIFORNIA Orange Cavnty "°` Comm. ExPes April 14, 2002 ""a CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property, described on the Grant Deed conveyed to the City of Redlands from Troy C. Ditt dated June 15, 2001, is hereby accepted and the Grantee consents to recordation thereof by its duly authorized officer. Date: June 26, 2001 t!D idson, ity Manager NIS 422673 First American Title Insurance Company 323 Court Street (P.O. Box 6327) San Bernardino, CA 92412 (909) 889-0311 FAX (909) 384-8464 GUARDIAN ESCROW 101 E. REDLANDS #180 CENTENNIAL PLAZA REDLANDS, CA 92373 ATTENTION: JERI BRAY Your Reference: 18184 JB Our Order No. 422673 Property Address: 21 CHURCH STREET, REDLANDS In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception 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 Exhibit "A" found inside the preliminary report jacket. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. DATED AS OF MAY 29, 2001 AT 5:00 P.M. M.ARGO SWE TITLE OFF.CER RECEIPT OF A COPY OF THIS REPORT IS ACMOWLEDGED: AttestCITY OF REDLANDS, a municipal corporation ,�i.e. ,•� orr�e Poi , City Clerk / By: _ Preliminary Report PAT GILBREATH, Mayor PAGE 1 MS 422673 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: (SHORT TERM RATE APPLIES) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS: LOT 15 TIMMON'S FIRST ADDITION IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 76, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 10 FEET, MEASURED ALONG THE NORTH LINE OF SAID LOT, AND THE EASTERLY LINE BEING PARALLEL TO THE WESTERLY LINE OF SAID LOT. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, 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 EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, RECORDED IN BOOK 29, PAGE 65, OF DEEDS. SAID EASEMENT IS FOR WATER PIPE LINE PURPOSES AND CANNOT BE LOCATED FROM THE RECORD. 4. RIGHTS OF THE PUBLIC OVER ANY PORTION OF SAID LAND LYING WITHIN THE BOUNDARIES OF ANY ROAD, STREET OR HIGHWAY. Preliminary Report PAGE 2 MS 422673 5, A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $92,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 14, 2000, INSTRUMENT NO. 20000015212, OFFICIAL RECORDS. DATED: JANUARY 5, 2000 TRUSTOR: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: POMONA FINANCIAL SERVICE, INC. BENEFICIARY: PFF BANK & TRUST I A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $11,500.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 14, 2000, INSTRUMENT NO. 20000015213, OFFICIAL RECORDS. DATED: JANUARY 7, 2000 TRUSTOR: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: GATEWAY TITLE COMPANY BENEFICIARY: FLORENCE BAKER, A WIDOW ACCORDING TO THE PUBLIC RECORDS, THE BENEFICIAL INTEREST UNDER THE DEED OF TRUST HAS BEEN ASSIGNED TO LYDIA WHITE, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, BY MESNE ASSIGNMENTS. TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001: FIRST HALF: $622.96 PAID SECOND HALF: $622.95 PAID CODE AREA: 5002 A.P. NO.: 171-089-13 ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND A MULTI -FAMILY RESIDENCE KNOWN AS 21 CHURCH STREET, REDLANDS, CALIFORNIA. Preliminary Report PAGE 3 MS 422673 ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT EXCEPT AS FOLLOWS: 04]w WIRE TRANSFER INSTRUCTIONS TO FIRST AMERICAN TITLE COMPANY Receiving Bank: FIRST AMERICAN TRUST COMPANY, 421 N. MAIN ST., SANTA ANA, CA 92701 Federal Routing No: 122241255 Account Name: FIRST AMERICAN TITLE COMPANY Special Trust Account Account Number: 17004 MS/DRS Preliminary Report PAGE 4 EXHIBIT "A" LOT 15 TIMMON'S FIRST ADDITION IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 76, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 10 FEET, MEASURED ALONG THE NORTH LINE OF SAID LOT, AND THE EASTERLY LINE BEING PARALLEL TO THE WESTERLY LINE OF SAID LOT. :TKIS gAP IS =FuNPo$Er r}. Redlands Town Pla#, M:B. ���p AO YAES FOR r _ Redlands City s"` . Tax Rate Area msP III or may not 6s a ecxwy of tha land defsisted hams. 5 0 0 2 • axprMIV diml.&I7 s any nahalty for lou of damage mtdt fI reamrco an tWa map exrapt to are IIIOlvao C ovlerd 7a 4e! themeden44rga la e7�reaaly provided l7y tl,a tame 9 1 + 14 lttaehod. aleurarra. padpy. Ff any. 7u rahich tf,1� map - - rri5 0171 — 08 1 J. — js' , 2� 13 4e u 7s 2r , ss.r sFo... 1s s316 re 4s a 45.r 1 i,s ,4s sl Q s _ __•_ ----- _ 18T ��k S `s• s � �a3 - � � ,{ � � Oa =27 06 � � E qrp 1 $ 9 'O- „O - 9 4+. � ; ., p3 = 06 ut 17 '. rs.s ' r FORIL01 -28- --__ OOg cf, OS 14 $ i!! 4 4 4 1311 11r ;7.,4 I/ •r.,�'-��' 10 ; 11 j 12 13 14 � 1 71 29 "`_" 1,1 1,5 20 I4s08 �•h dI I = 617) 13 N. 1990 4s.1r j �y Oa ~ 4 j 09 6 5 .4 3 2 z�?r. 1 ��.% J�44 , <o , ,o F is 6(U 1 - i"T-3p----- I us nsp9 I , , _ I sr 's.•3 2 1 I l� 30 95 1 ' =Y1 = 1 % 9 03 3 sn �7 i 20 le 17 19 Oi f !ir p 7 'rs� �! - Or - I - 0 15 -31 --rf--_-- ,3 2fa FO rl r O J - I F� Il 17.7 79f 7L5 ''ls ' 40 4e �� O! ' so �4 - - - - 12 22 - - - 1 10 r' , 4a n s� � rO,1er.� 's - ! 15 1e '132 1] �ylp+ a1 n 13 1 fi -11 1 ' 16 ii 47 37 r5 4a 4a 41 41 w 4e 1 ve4a rs a 4o r 7+ ,s; IS rr 40 �l 40 u ,a , I - 4a ,e - pd 09 � ' I � 06 - _ 10 4 11^ ij_ f3_ 7S -8 9 10 11 12 13 T4 e10 r I a1 02- 03 Gi- i OS O6 p7 a8 - p9 J 1p ' fl 13 + 0 0 0 O,O'O O to ,1 I 4 p5 r- 11 12 4 4 5 6 ' 7 B q i 17 r 1! 4s ,O _to , 1� 2 3 13; i4� 70 71; [c r 43 41 �'te 1 15 40 41 11 1%4 1 ;I 4e 41 4- le 55 '19641 40 9 /0 41 4eL 1 r0 'F 70 , q.tr � 7 6, 5 4 3 2 1 + 7 6 5 f 3 r 2 �`1. ^, 4e ,- to ,o sa.s, — x 06 , i 4 29' 28 27 ' 26 r +1.e1 , rss4 , 4o- ,a 1 1 a7 as p+— asg a7 v1 `p� p3 gs p7 25 24 23 a 22 21 20 ; 19 18 ' 19 ' 16 W - 1!1 71 rot 41 41 17 41 41 11161.4 17.e rs 1 a 41 a ,a r i, '.sr�,o-la <e 7sss ---------------- 10011 Revised Yap of Arcadia,- Y.B. 13/37 Timmons' First Add., M.B. 8.76 Pin. 2nd Preliminary gap Of Redlands, Y.B. 5/2 REVISED Assessor's Ma FI 011/10/96OflpB/90� Pi Book_0171 Paq 08 091231ge PE EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEFRONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, allomeK fees or expenses) which arise by reason,ok 1, Taxes or assessments which are not shown as existing liens by the records of any ta)arrg authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in faxes or assessments, or notice 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 reeds but which could be ascertained by an inspection of [he land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary fines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (5) reservations or exceptions in patents or In Acts authorizing the issuance tharepf; (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. 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, atomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning fawn, ordinances, or regulations) restricling, regulating, prohibiting or relating to (i) the occupancy, use, or enjoymem of the land; (11) to character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of those laws, ordinances or govefnunental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dace of Policy, but rot excluding from coverage any taking which has occurred prior to Dale of Policy which would the binding on the rights of a purchaser for value without howiedge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known 10 the Company, not recorded in the public records at Date of Policy, but known to the insured claimard 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; (4) attaching or created subsequent to Date of Pol€cy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage of for the estate or interest insured by this pollcy. 4. Uremforce-ability, of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business` laws of the state in which the land Is situated. 5. Irmildity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in tending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by their polity of the transaction creating the interest of the insured fender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance of governmental regulation (including 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 hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, of the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police pow 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, suffered, assumed or geed to by the insured claimant; (b) not !mown to the Company and no 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 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) attaching or created subsequent to Date of Policy; or (e) resulting In loss of damage which would not have been sustained if the insured claimant had paid value for the estate or interest Insured by this policy. 3. AMERICAN LAND TITRE ASSOCIATION OWNER'S POLICY FORM B -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Ehdended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does riot insure against loss or damage by reason of the matters shown in parts one and two following: Part one: t. Faxes or assessments which are not shown as existing tiers by the records of any !thing authority trot bevies taxes or assessments or real properly of by the public records. 2. Any facts, rights, interests, of claims which are no shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other WA which a correct survey would disclose, and which are not shown by public records. 5. Unpalented mining claims; reservalions or exceptions in gents or,in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or fight to a lien, for services, labor or material heretofore or taseaffer furnished, imposed by law and not shown by the public records. ` 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 € WITH A.L.T,A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and toning 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 hereafter erected on the land, or prohibiting a separatlort in ownership or a reduclion in the dimensions or 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 exercise of such rights appears 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) rot known to the Company and not shown by the public retards 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 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) attaching or created subsequent to Date of Policy (except Ic the extent insurance is afforded herein as to arty statutory lien for labor or material or to the extent Insrrartce is afforded herein as to assessments far 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 indebtedness to compty with applicable "doing business' laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Leaders Policy is used as a Standard Coverage Policy 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. SMEDULE 8 This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part Dne: Taxes or assessments which are not shown as existing liens by the records of arty taxing authority that levies taxes or assessments on real property or by the public records. Any facts. rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other (acts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims: reservations or exceptions in patents or in Acts authorizing the issuance dhereot; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay foss or damage, costs, allomeyV fees or expenses which arise by reason of: 1. (a) Any law, ordinance of governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land: (fi) the character, dimensions or -location of arty improvement now or hereafter erected on the land; (€€€) a separation in ownership or a change in the dimensions or area of the land or arty parcel of which the land is or was a part: or (iv) environmental protection, or the effect of any violation of ltrese laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation at alleged violation affecting the land has been recorded in the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date at Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, rot recorded in the public retards at Dale of Policy, but kx wn 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 (except to the extent that this policy insures the priority of the lien at the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction of completed at date of policy); or (e) resulting in loss or damage which would not have been sustained it the Insured claimant had pa€d value for fire insured mortgage. Unenforceability of the lien at the insured mortgage because of the inability or [allure of the irsrmed at Date of Policy, or the Inability or failure of any subsequent Owner of the indebtedness, to comply with applicable 'doing business' laws of the state in which the land is situated. Invalidity or unenlorceability of the lien of the insured mortgage, or claim thereof, which arises Out of the transaction evrdenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim at priority of any statutory lien for services, labor or materials aver the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Dale of Policy and is not financed In whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of ithe operation of federal bankruptcy, stale insolvency, or similar creditors' rights laws, that Is lased on: (1) the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer: or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deer* 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 a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title A,ssacialion policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth In paragraph 6 above are used and the fohowing exceptions to coverage appear in the policy. SCHEDULE B This policy does Rol insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as bxfsling liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are riot shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof, 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpalented mining claims: reservations or exceptions in patents or in Acts authoriziq the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material Ihefeiotore or hereafter furnished, Imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any Jaw, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) resbicling, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (iff) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. L Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Dale of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known 10 the Company, not recorded in the public records a1 Dale of Policy, but known to tlx: insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting in lass or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 1. Any claim, which arises out of the transaction vesting in IN Insured the estate or irderest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a Iraudulent corwepance 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 a 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 flat as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions ID coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (arid the Company will not pay costs, attorneys' fees or expenses) which arise by reason or. Part On: Taxes or assessments which are not shown as existing liens by the records of any taxing authority thal levies taxes or assessments on real property or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry at persons in possession thereof, Easements, claims of easement or encumbrances which are not shown by the public records. 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 public records. Unpalented mining claims; reservalions or exceptions in patents or In Acts aulfwrift the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imbed by law and not shown by the public records. 10. AMERICAN LAND TiTLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY -1987 EXCLUSIONS In addition 10 the Exceplions In Schedule B, you are not insured against loss, costs, attormeye fees and expenses resulting from: 1. Governmental police power, and the exislence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulalions concerning: • land use • Jand division • Improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described In hems 12 and 13 o1 Covered Title Risks. 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 an you if you bought the lard without knowing of the taking. 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 • Brat result in no loss to you • that first affect your title after the Policy Dale - this does not limit the labor and material lien coverage in Item 8 of 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, of • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. PRELEMNARY CHANGE OF OWNERSEEW REPORT Escrow: 18184-JB Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with 'NIA'. PART III: PURCHASE PRICE & TERMS OF SALE A. CASH DOWN PAYMENT or Value of Trade,or Exchange (excluding closing cost) C. iLa Amount $ FIRST DEED OF TRUST @ % Interest for wears. Payments/Mo.=$ (Prin. & Int.) Amount $ [ ] FHA [ ] Fixed Rate ( ] New Loan [ ] Conventional [ ] Variable Rate ( ] Assumed Existing Loan Balance ( ] VA [ ] All Inclusive D.T. $ Wrapped) [ ] Bank or Savings & Loan ( I Cal -Vet [ ] Loan Carried by Seller [ ] Finance Company Balloon Payment [ ] Yes [ ] No Due Date Amount $ SECOND DEED OF TRUST interest for years [ ] Bank or Savings & Loan [ ] Fixed Rate [ I Loan Carried by Seller [ ] Variable Rate Balloon Payment ( ] Yes [ ] No Due Date Payments/Mo.=$ (Prin. & Int.) Amount $ [ ] New Loan [ ] Assumed Existing Loan Balance Amount $ OTHER FINANCING - Is other financing involved not covered in (B) and (C) above? [ Type % interest for Years. Payments[Mo.=$ [ ] Bank or Savings & Loan [ ] Fixed Rate [ ] Loan Carried by Seller [ ] Variable Rate Balloon Payment[ I Yes [ ] No Due Date ] Yes [ I No Amount $ _(Prin. & Int. only) [ ] New Loan [ ] Assumed Existing Loan Balance Amount $ E. IMPROVEMENT BOND j ] Yes [ ] No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, include real estate commission if paid). Total Items A through E $ G. PROPERTY PURCHASED: [ ] Through a broker: [ ] Direct from seller: ( ]Other If purchased through a broker, provide broker's name and phone no.: i a Please explain any special terms or financing and any other information that would help the assessor understand purchase price and terms of sale. PART IV: PROPERTY INFORMATION A. IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (other than a mobilehome subject to local property tax)? [ ] Yes ( ] No If 'Yes', enter the value of the personal property included in the purchase price $ (Attach itemized list of personal property). B. IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? [ ] Yes [ )No If 'Yes', enter date of occupancy / 2 or intended occupancy 1 2 month day month day C. TYPE OF PROPERTY TRANSFERRED: j ] Single -Family Residence [ ] Agricultural ( ] Timeshare Multiple -family residence (no. of Units: ) [ ] Co-op/Own-your-own [ 1 [ ] Mobilehome [ ] Commercial/Industrial [ ] Condominium j ] Unimproved lot [ ] Other (Description: D. DOES THE PROPERTY PRODUCE INCOME? ( )Yes ( )No E. IFTHE ANSWER TO QUESTION 'D' IS YES, IS THE INCOME FROM: [ ] Lease/Rent ( ] Contract j ] Mineral Rights [ ] Other -explain F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF -SALE? [ ] Good [ ] Average [ ] Fair [ ] Poor Enter here, or on an attached sheet, any other information that would assist the Assessor in determining value of the property such as the physical condition of the property, restrictions, etc. t�` the foregoi ng i� true, correct and complete to the best of my knowledge and belief. Signed Please Print Name of New Owner/Corporate Officer Pat Gilbreath Phone Number where you are available from 8:00 a.m. - 5:00 p.m. r Date June 21, 2001 (NOTE: The Assessor may contact you for further information) City Clerk IF A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS PRESENTED TO THE RECORDER FOR RECORDATION WITHOUT THE CONCURRENT FILING OF A PRELIMINARY CHANGE OF OWNERSHIP REPORT THE RECORDER MAY CHARGE AN ADDITIONAL RECORDING FEE OF TWENTY DOLLARS ($20.00). AS-SV25 SBE-ASD AH 502-A BACK 1-8-92 SAN BERNARDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO, CA 92415-0310 Escrow: 18184-JB PRELE IINARY CHANGE OF OWNERSHIP REPORT THIS REPORT IS NOT A PUBLIC DOCUMENT (To be completed by transferee (buyer prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code.) This report is not a public document. SELLER/TRANSFEROR: TROY C. DIT1' BUYER/TRANSFEREE: CITY OF REDLANDS ASSESSOR'S PARCEL NUMBER(S): 171-089-13 and,(if applicable) LEGAL DESCRIPTION: UNIT: LOT: 15 TRACT: PROPERTY ADDRESS: OR LOCATION: 21 Church Street Redlands, CA 92374 Mail Tax Information To: (Name): CITY OF REDLANDS (Address): c/a Tom Fujiwara, Asst Public Works Director P. 0. Box 3005 Redlands, CA 92373 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY CLUSTER OC1 OC2 DT INT RC SP$ DTT$ !#PCL A preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's office for the county where the property is located; this particular form may be used in all counties of 58 California. The property which you acquired may be subject to a supplemental assessment in an amount to be determined by the San Bernardino County Assessor. For further information on your supplemental tar roll obligation, please call the San Bernardino County Assessor at (909) 387-6740. PART I: TRANSFER INFORMATION Please answer all questions [ ]Yes [ ]No A. Is this transfer solely between husband and wife? (addition of a spouse, death of a spouse, divorce settlement, etc.) [ ]Yes [ ]No B. Is this transaction only a correction of the name(s) of the persons) holding title to the property? (For example,a'name change upon marriage.) [ ]Yes [ ]No C. Is this document recorded to create, terminate, or reconvey a lender's interest in the property? [ ]Yes I ]No D. Is this transaction recorded only to create, terminate, or reconvey a security interest (e.g. consigner)? [ ]Yes [ ]No E. Is this document recorded to substitute a trustee under a deed of trust, mortgage, or similar document? [ ]Yes [ ]No F. Did this transfer result in the creation of a joint tenancy in which the seller (transferor) remains as one of the joint tenants? [ ]Yes [ ]No G. Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: [ ]Yes [ ]No 1. to a trust for the benefit of the grantor, or grantor's spouse? [ ]Yes [ ]No 2. to a trust revocable by the transferor? [ ]Yes I ]No 3. to a trust from which the property reverts to the grantor within 12 years? [ ]Yes I ]No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options: [ ]Yes [ ]No J. Is this a transfer from parents to children or from children to parents? [ ]Yes [ ]No K. Is this transaction to replace a principal residence by a person 55 years of age or older? [ ]Yes [ ]No L. Is this transaction to replace principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? If you checked yes to J, K, or L, an applicable claim form must be filed with the County Assessor. Please provide any other information that would help the Assessor to understand the nature of the transfer. IF YOU HAVE ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS EXCEPT a, K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FORM. PART H: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date: B. Type of transfer. Please check appropriate item. [ ]Purchase [ ]Foreclosure [ ]Gift [ ]Trade or Exchange [ ]Merger, Stock, or Partnership Acquisition [ ]Contract of Sale - Date of Contract [ ]Inheritance - Date of Death ( ] Other (please explain): [ ]Creation of a Lease [ ] Assignment of a Lease [ ]Termination of a Lease Date Lease Began Original term in years (including written options) Remaining term in years (including written options) C. Was only a partial interest in the property transferred? [ ]Yes [ ]No If 'Yes' indicate the percentage transferred: AS-SV25 SBE-ASD AH 502-A FRONT 1-8-92 Guardian Escrow, _Inc. 101 Fast Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909) 798-4606 CITY OF REDLANDS c/o Tom Fujiwara, Asst Public Works Director P. O. Box 3005 Redlands, CA 92373 RE: 21 Church Street, Redlands, CA 92374 Dear Ladies and Gentlemen: 6161617 7 -Vol 0�p°rtmeptS� 0'�7 Date : June 15, 2OEtI= ` u� 0 E5'"�� Escrow No. : 18184-JB Thank you for selecting Guardian Escrow, Inc., to process your escrow. The enclosed items are required in your escrow and are forwarded for your review. Providing, of course, these items met with your approval: Sign and Return: Escrow Instructions Notice and Disclosure Notice to Buyers and Sellers Copy of Grant Deed for approval as to content and form Copy of Preliminary Report for approval Complete in full, sign and return:: Preliminary Change of Ownership Report Please Furnish the Following: Certificate of Acceptance For your information and review: Copy of Preliminary Report Your prompt response will be appreciated. All documents should be signed EXACTLY as your name(s) appear. Should your name(s) be misspelled, sign them correctly and advise us in writing when you return these papers. We appreciate the opportunity to be of service to you in this transaction. Please do not hesitate to call should you have any questions. Guardian Escrow, Inc. Wn�lCanager EO G jb Guardian Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 NOTICE AND DISCLOSURE Property: 21 Church Street, Redlands, CA 92374 Escrow No.: 18184-JB In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a Buyer may be required to withhold an amount equal to 3 1/3% of the sales price, in the case of a disposition of California real property interest by either: 1. A Seller who is an Individual with a last known street address outside of California or when the disbursement instructions authorized the proceeds to be sent to a financial intermediary of the Seller, OR, 2. A Seller who is a Corporation, which has no permanent place of business in California. For failure to withhold, the Buyer may become subject to a penalty in an amount equal to the greater of Ten Percent (10%) of the amount required to be withheld or Five Hundred Dollars ($500.00). However, notwithstanding any other provision included in the California statutes referenced above, no Buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The Total Consideration of subject property is $100,000.00 or less, OR 2. The Seller executes a written certificate, under the penalty of perjury, certifying that the Seller is a resident of California, or if a Corporation, has a permanent place of business in California, OR 3. The Seller, who is an Individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the Seller's principal residence (as defined in Section 1034 of the Internal Revenue Code.) The undersigned parties acknowledge that the Escrow Holder is required to provide to Buyer(s) written notification of California withholding requirements. This notification instructs Buyer(s) to withhold 3 1/3% of the Total Consideration of the California real property herein, when CAL-FIRPTA is applicable. The Buyer(s) acknowledge that it is his responsibility to instruct the Escrow Holder to withhold 3 1/3 % of the Total Consideration from the Seller(s) proceeds when CAL-FIRPTA is applicable. The Seller(s) acknowledge that if all of the above conditions are met, the Seller(s) may apply for a Withholding Certificate to waive all or a portion of the withhold requirement. The Seller(s) can apply for the Withholding Certificate at the address provided below. If the Withholding Certificate to waive has been received prior to the close of escrow, the withhold amount will be waived at the close of escrow. FRANCHISE TAX BOARD - WITHHOLDING AT SOURCE UNIT P.O. BOX 651, SACRAMENTO, CA 95812-0651 (888)792-4900 If the Withholding Certificate has not been received prior to the close of escrow, the parties shall sign an instruction to escrow to withhold proceeds pending the Seller's receipt of the Certificate. The funds will be held by Escrow Holder for a period of not more than 45 days after the close of escrow. If the Withholding Certificate has not been received within the 45 day time limit, the withhold amount shall be forwarded to the State of California. If the Withholding Certificate is received either prior to the close of escrow or prior to the expiration of the 45 day holding period, the withhold amount shall be disbursed pursuant to the direction of the Withholding Certificate. If the Certificate waives the whole withhold amount, the Seller will receive the complete withhold amount; if the Certificate waives a portion of the withhold, the Seller will receive a portion of the amount and that portion required by the State will be forwarded to the State of California. In any event, if all of the above withhold conditions are met and instructions are received from the Buyer to withhold, this escrow will not close unless the instructions to withhold is signed by both Buyer and Seller or a Withholding Certificate waiving the Withhold has been delivered to the Escrow Holder by the Seller prior to the close of escrow. TROY C. DITT CITY OF REDLANDS, a municipal corporation By:__ PAT GILBREATH, May r Attest: Loy e Pry , City Clerk Guardian ESCrOw, Inc. 1 p1 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 NOTICE TO BUYERS AND SELLERS Property: 21 Church Street, Redlands, CA 92374 Escrow No.: 18184-JB 1. THE UNDERSIGNED BUYERS AND SELLERS HEREBY ACKNOWLEDGE BEING ADVISED THAT CALIFORNIA STATE LAW REQUIRES THAT THIS ESCROW NOT CLOSE, NOR DOCUMENTS BE RECORDED, UNTIL ALL FUNDS REQUIRED OF THE PARTIES (INCLUDING NEW LOAN PROCEEDS) HAVE BEEN COLLECTED, AS DEFINED BY LAW. IN ORDER TO MAINTAIN COMPLIANCE, WE SUGGEST THAT THE MOST EFFICIENT METHOD OF DEPOSITING FUNDS IS TO TRANSFER BY WIRE. CASHIER'S CHECKS DRAWN ON A CALIFORNIA BANK WILL, IN MOST CASES, BE ELIGIBLE FOR "NEXT -DAY" CLOSING. ANY OTHER CHECK INSTRUMENTS, SUCH AS OFFICIAL CHECKS, BANK CHECKS, ETC., PURSUANT TO DEPARTMENT OF CORPORATIONS GUIDELINES, WILL BE TREATED AS PERSONAL CHECKS AND MUST BE CLEARED TO THE SATISFACTION OF GUARDIAN ESCROW, INC., WHICH CLEARANCE IS ESTIMATED TO TAKE FROM 3 TO 5 BUSINESS DAYS. 2. TO MINIMIZE DELAYS IN DOCUMENT RECORDING AND THE CLOSING OF YOUR ESCROW: a. Whenever the amount of funds required for closing is $100,000.00, or more, the closing funds should be transferred by wire directly to our bank as follows: City National Bank 5601 East Slauson Avenue Commerce, CA 90040 Routing Number: 122016066 Account Number: 013007691 FOR DEPOSIT TO GUARDIAN ESCROW, INC., REDLANDS TRUST ACCOUNT CREDIT TO ESCROW NO. 18184-JB (MAKE CERTAIN WIRE TRANSFER REFERENCES NAME OF DEPOSITOR) b. Whenever the amount of funds required for closing is less than $100,000.00, the closing funds should either be wired to our account, as above instructed, or deposited to escrow in the form of a California Bank Cashiers Check payable to Guardian Escrow, Inc. (Please be reminded that not all bank checks are Cashiers Checks). 3. PER DIEM INTEREST WILL BE CHARGED BY SELLER'S LENDER UNTIL THE DATE LENDER RECEIVES THE PAYOFF FUNDS (OR AS OTHERWISE DIRECTED BY LENDER'S DEMAND STATEMENT). PER DIEM INTEREST WILL BE CHARGED BY THE BUYER'S LENDER FROM THE DATE THE LENDER FUNDS THE LOAN. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THE ABOVE NOTICE. CITY OF REDLANDS, a municipal TROY C. DITT corporation `,�� By: PAT GILBREA 11, Mayor Attest L r e Poyze ty Clerk Guardian Escrow, Inc, 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909) 798-4606 TO: Guardian Escrow, Inc. SALE ESCROW INSTRUCTIONS Date: June 15, 2001 Escrow Officer: Jeri Bray, CSEO Escrow Number: 18184-JB CITY OF REDLANDS, a municipal corporation, (hereinafter referred to as Buyer) agree to purchase from TROY C. DITT, (hereinafter referred to as Seller) the real property set forth herein per the terms, conditions, consideration and instructions hereinafter stated. The Seiler and Buyer herein shall deliver these signed escrow instructions to Guardian Escrow, Inc., (hereinafter known as Escrow Holder). Terms of Transaction I will deposit into escrow the sutra of To Complete the Total Consideration of 149,500.00 $ 149,500.00 Furthermore, I/We, the undersigned Buyer, will execute and deliver any instruments and/or funds which this escrow requires of the Buyer to show title as called for, all of which you are instructed to use on or before July 16, 2001, provided you hold a Policy of Title insurance issued through First American Title Insurance (the title company selected by the parties), with the usual title company's exceptions, with a liability of not less than $149,500.00, covering property in the County of San Bernardino , State of California, described as follows: Lot 15 TEMMON'S FIRST ADDITION, in the City of Redlands, County of San Bernardino, State of California, as per plat recorded in Book 8 of Maps, Page 76, in the Office of the County Recorder of said County. Except therefrom the westerly 10 feet, measured along the north line of said lot, and the easterly line being parallel to the westerly line of said lot. COMMONLY KNOWN As: 21 Church Street, Redlands, CA 92374 ASSESSOR PARCEL NUMBER(S): 171-089-13 SHOWING TITLE VESTED IN: CITY OF REDLANDS, a municipal corporation SUBJECT ONLY TO: (I) Current property taxes. (2) A lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of California. (3) Assessments and Bonds, if any, including all liens of assessment pursuant to the provisions of the Mello -Roos Community . Facilities Act, not delinquent, unpaid balance to be assumed by Buyer. (4) Any covenants, conditions, restrictions, reservations, rights, rights of way and easements of record, or in deed to file, and any exception of water, minerals, oil, gas, and kindred substances, on or under said land, now of record, or in deed to file. ESCROW INSTRUCTIONS 1. Escrow is not to be concerned with any fire or other hazard insurance covering subject property. 2. Prior to close of escrow, Buyer will hand you Certificate of Acceptance, which is to be attached to the Grant Deed when delivered for recording. 3. The undersigned Buyer and Seller acknowledge having received, read and approved a copy of the preliminary report issued by First American Title Insurance in its Order No. 422673, dated as of May 29, 2001, covering the subject property. Current Taxes and Exception Items 2, 3 and 4 , as set forth in the report, are specifically approved to remain of record and may show in the policy of title insurance to be issued in conjunction with this escrow. 4 Regardless of Additional Escrow Instructions set forth hereinafter to the contrary, costs in this escrow will be paid as ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ Buyer Initials: Page IA!f�) Guardian Escrow, Inc. Date: June 15, 2001 Escrow No.: 18184-JB follows: a. Buyer will deposit funds sufficient for payment, and will pay all fees, costs and charges in this escrow, including but not limited to, title policy fee, escrow fee, documentary transfer tax (if any) and costs of preparing, notarizing and recording documents, EXCEPTING any costs involved with removing liens and encumbrances of record; and b. Seller will pay, and you are to charge Seller's account accordingly, for at close of escrow, demands from holders of encumbrances and/or liens of record, together with any costs required to secure reconveyances and releases of such encumbrances and liens to place title in the condition called for hereinabove. 5. There are to be no adjustments or pro -rations in this escrow between the parties regarding taxes or other matters. 6 In the event Buyer or Seller utilize "facsimile" transmitted signed documents (via Panafax, Telefax, Nefax, etc.), Buyer and Seller hereby agree to accept same and instruct you as escrow holder to rely upon such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to provide to you, within 72 hours of transmission, any such documents bearing the original signatures. Buyer and Seller further acknowledge and agree that any promissory note, document required by a third party in conjunction with this escrow, or document in this escrow which is to be recorded in an office of the County Recorder, must be the original of such document, bear original signature(s) and be deposited with escrow holder prior to close of this escrow. ADDITIONAL ESCROW INSTRUCTIONS 1. All funds received in this escrow shall be deposited with a State or National bank with other escrow funds. Make disbursements by your check; checks not presented for payment within six months after date are subject to service charges in accordance with your schedule in effect from time to time. Make all adjustments and pro -rations on the basis of a 30-day month. "Close of Escrow" is the date instruments are recorded. All documents and funds due the respective parties herein are to be mailed to the addresses set out below their respective signatures unless otherwise instructed. Our signatures on any documents and instructions pertaining to this escrow indicate our unconditional approval of same. Whenever provision is made herein for the payment of any sum, the delivery of any instrument or the performance of any act "outside of escrow", you as escrow holder shall have no responsibility therefor and shall not be concerned therewith. Documentary Transfer Tax is to be computed on fail value of property conveyed (or full value less remaining encumbrances, if applicable) and will be paid by Seller/Grantor unless otherwise stated. 2. The parties to this escrow are made aware that escrow holder has no obligation to verify signatures of any of the parties involved. 3. You shall not be responsible for the following: (1) the sufficiency or correctness as to form, manner 'of execution or validity of any documents deposited in this escrow; (2) the identity, authority, or right of any person executing the same, either as to documents of record or those handled in the escrow; or (3) the failure of any party to comply with any of the provisions of any agreement, contract or other instrument filed or deposited in this escrow or referred to in those escrow instructions. Your duties shall be limited to the safekeeping of money and documents received by you as escrow holder and for the disposition in compliance with the written instructions accepted by you in this escrow. You shall not be required to take any action regarding the collection, maturity, or apparent outlaw of any obligations deposited with you unless otherwise instructed in writing. Your liability as escrow holder shall be confined to the things specifically provided for in my written instructions in this escrow. 4. Where the assignment of any insurance policy from Seller/Grantor to Buyer/Grantee is concerned, Seller/Grantor guarantees to you any insurance policy handed you in this escrow is policy in force, the policy has not been hypothecated and that all necessary premiums have been paid. You are authorized to execute on behalf of the parties assignments of interest in any insurance policy (other than title insurance policies) called for in this escrow, you are authorized to transmit for assignment any insurance policy to the insurance agent requesting that the insurer consent to such assignment, to request that a loss payee clause or such other endorsements as may be required be issued, and to forward such policy to the lenders and entitled parties. You shall not be responsible for verifying the acceptance of the request for assignment and policy of insurance by the insurance company. The parties mutually agree that you will make no attempt to verify the receipt of the request for assignment by the issuing insurance company. All parties are placed on notice that if the insurance company should fail to receive the assignment, the issuing company may deny coverage for any loss suffered by Buyer. It is the obligation of the insured or the insured's representative to verify the issuing company's acceptance of the assignment of the policy. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PAIN' HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ Buyer Initials: Page 2 Guardian Escrow, Inc. Date: June 15, 2001 Escrow No.: 18184-JB 5. You are not to be held responsible in any way whatsoever for any personal property tax which may be assessed against any former or present owner of the subject property described in these escrow instructions, nor for the corporation or license tax of any corporation as a former or present owner. 6. If it is necessary, proper or convenient for the consummation of this escrow, you are authorized to deposit or have deposited funds or documents, or both, handed you under these escrow instructions with any duly authorized sub -escrow agent, including, but not limited to, any bank, trust company, title insurance company, title company, savings and loan association, or licensed escrow agent, subject to your order at or before close of escrow in connection with closing this escrow. Any such deposit shall be deemed a deposit under the meaning of these escrow instructions. 7. The parties to this escrow have satisfied themselves outside of escrow that the transaction covered by this escrow is not in violation of the Subdivision Map Act or any law regulation land division, zoning ordinances or building restrictions which may affect the land or improvements that are the subject of this escrow. You, as escrow holder, are relieved of all responsibility and liability in connection with such laws, ordinances, restrictions or regulations and are not to be concerned with any of their enforcement. 8. If any form of Purchase Agreement or amendment or supplement (collectively "Purchase Agreement") is deposited in this escrow, it is understood that such document shall be effective only as between the parties signing the Purchase Agreement. You, as escrow holder, are not to be concerned with the terms of any Purchase Agreement and are relieved of all responsibility for the enforcement of its terms. Your only duty is to comply with the instructions set forth in the escrow instructions. You are not responsible for interpreting or acting on any provision of any Purchase Agreement on which these escrow instructions may be based, and you shall not rely on any knowledge or understanding you may have of any such Purchase Agreement in ascertaining or performing your duties as escrow holder. In connection with any loan transaction, you are authorized to deliver a copy of any Purchase Agreement, supplement or amendment deposited with you, to the lender. You are authorized and instructed to furnish to any broker or lender identified with this transaction, or anyone acting on behalf of such lender, any information concerning this escrow, copies of all instructions, amendments and statements upon request. 9. You shall make no physical inspection of the real property or personal property described in any instruments deposited in, or which is the subject of this escrow. You have made no representations or warranties concerning any such real property or personal property and are not to be concerned with nor liable for the condition of real property or personal property. IQ The parties authorize the recordation of any instrument delivered through this escrow if necessary or proper for the issuance of the required policy of title insurance or for the closing of this escrow. Funds, instructions or instruments received in this escrow may be delivered to, or deposited with, any title insurance company or title company to comply with the terms and conditions of this escrow. 11. If the date by which any party's performances are due shall be other than your regular business day, such performances shall be due on your next succeeding business day. 12. You shall conduct no lien or title search of personal property regarding the sale or transfer of any personal property through this escrow. Should the parties desire that you conduct a lien or title search of personal property, the parties requesting the same shall deliver separate and specific written escrow instructions to you along with an agreement to pay your additional escrow fees. 13. You shall not be responsible in any way whatsoever nor are you to be concerned with any question of usury in any loan or encumbrance, whether new or of record, which may arise during the processing of this escrow. 14. The parties agree to deliver to you all documents, instruments, escrow instructions and funds required to process and close this escrow in accordance with its terms. 15. You are instructed to provide title to the subject real property in the condition identified in the escrow instructions by the parties, which title condition shall be evidenced by that shown in the policy of title insurance secured from the title company selected by the parties, on which you may rely. You are not responsible for the contents or accuracy of any beneficiary demands and/or beneficiary statements delivered to you by the existing lienholders. You are not to be responsible in any way whatsoever nor to be concerned with the terms of any new loan or the content of any loan documents obtained by any party in connection with this escrow except to order such loan documents into the escrow file, transmit the loan documents to Buyer for execution and transmit the executed loan documents to lender. The parties understand and agree that you are not involved nor concerned with the approval and/or processing of any loan or the contents and effect of loan documents prepared by a lender. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 3 `� 1 Guardian ESCPOW, Inc. Date: June 15, 2001 Escrow No.: 18184-JB 16. Any pro -ration of rentals is to be based on rental statement handed you by the Seller/Grantor. You are to consider that Seller/Grantor will collect all rents which fall due prior to the close of escrow, unless he instructs you in writing to the contrary. No adjustment against the Buyer/Grantee on uncollected rents is to be made. Any pro -ration of taxes is to be based on latest tax statement available. You are not responsible for any personal property tax and/or supplemental taxes which may be assessed to the Seller/Grantor or any former owner of the property described herein, nor for the corporation or license tax of any corporation as former owner. If this escrow provides for the transfer of water stock at close of escrow, unless otherwise stated herein, all encumbrance holders at close of escrow shall be named as .pledgee, as their interests appear, and said stock, upon reissue after close of escrow, is to be delivered to the first pledgee, and if no pledgee to the new record owner. 17. The parties expressly indemnify and hold you harmless against third -party claims for any fees, costs or expenses where you have acted in good faith, with reasonable care and prudence and/or in compliance with these escrow instructions. 18. The Federal Tax Reform Act of 1986, as amended, and the California Revenue & Taxation Code, require certain transactions to be reported to the Internal Revenue Service and the California State Franchise Tax Board. In those transactions Seller will furnish a correct tax identification number to you so you can report this transaction as required by law. Seller understands that Seller may be subject to civil or criminal penalties for failure to do so. If requested, you are authorized to furnish the Buyer with a copy of Seller's completed State of California Franchise Tax Board Withholding Exemption Certificate and Nonresident Waiver Request for Real Estate Sales Form 597-W, or other applicable State of California Franchise Tax Board Withholding Exception Certificate furnished by Seller. 19. The parties agree that you have the responsibilities of an Escrow Holder only and there are no other legal relationships established in the terms and conditions of the escrow instructions. In connection with this escrow: (1) you shall have no duty or responsibility of notifying any of the parties to this escrow of any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property; (2) you shall have no responsibility or duty to disclose any benefit, including, but not limited to financial gain, realized by any person, firm or corporation involving any of the subject real property or personal property; and (3) you shall have no responsibility or duty to disclose any profit realized by any person, firm or corporation including, but not limited to, any real estate broker, real estate sales agent and/or a party to any other escrow, in connection therewith, although such other transaction may be handled by you in this escrow or in another escrow transaction. If, however, you are instructed in writing by any party, Leader or other entitled person to disclose any sale, resale, loan, exchange or other transaction involving any of the subject real property or personal property or any profit realized by any person, firm or corporation to any party to this escrow, you shall do so without incurring any liability to any party. You shall not be liable for any of your acts or omissions done in good faith nor for any claims, demands, losses or damages made or suffered by any party to this escrow, excepting such as may arise through or be caused by your willful neglect or gross misconduct. 20. Parties acknowledge that pursuant to the California Revenue & Taxation Code a Change of Ownership Report is required by the county recorder to be completed and affixed to any documents submitted for recording which evidence a conveyance of title. The Change of Ownership Reports shall be furnished by you to the applicable parties for completion and execution. Parties are aware that if forms are not completed in full, signed and returned to you prior to closing, penalties will be assessed by the county recorder. If any Change of Ownership Report is not filed after the close of escrow within the time limits set forth by the county recorder, or the report is rejected by the county recorder for any reason, severe penalties will be assessed. Escrow holder's responsibility with regard to the Preliminary Change of Ownership Report(s) is limited to its delivery of same, as deposited by the parties, to the title company named in this escrow. For information and assistance in completing the Change of Ownership form, Buyer may contact the County Recorder and Assessors offices in the county in which the subject property is located. 21. The parties shall cooperate with you in carrying out the escrow instructions they deposit with you and completing this escrow. The parties shall deposit into escrow, upon request, any additional funds, instruments, documents, instructions, authorizations, or other items that are necessary to enable you to comply with demands made on you by third parties, to secure policies of title insurance, or to otherwise carry out the terms of their instructions and close this escrow. Should you, before or after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any actions or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorneys' fees suffered or incurred by you, arising out of, connected with, or incidental to this escrow, including but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations further to perform any and all duties imposed upon you in this escrow. ADDMONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF Aly initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: Buyer Initials: Page 4 "t g„ 'Guar(Han Escrow,, hie. Date: June 15, 2001 Escrow No.: 18184-JB 26. The parties agree to release you from any and all liability of any kind or nature and to indemnify you from any loss, damages, claims, judgments or costs of any kind or nature resulting from or related to the release or discharge of hazardous or toxic wastes on the subject property whether it occurred in the past or present or may occur in the future which release or discharge is in violation of law, in excess of any state and federal standards, permit requirements and/or disclosure requirements existing at this time or which may exist at a future time. The parties represent that they made their own assessment of the condition of the subject property and have not relied on any of your representations in making the assessment. The parties are advised to seek independent legal and technical environmental expert advice in assessing the risks associated with potential hazardous or toxic wastes. 27. All parties to this escrow understand and agree that the title company named in these escrow instructions has been selected by the parties. All parties understand and agree Guardian Escrow, Inc. assumes no responsibility for any loss or delay encountered in the delivery of the Ioan funds to escrow holder, nor with the payoff of any existing Ioans and encumbrances, by the said title company; Guardian Escrow, Inc., is hereby held to be harmless as to any such loss or delay. 28. All parties acknowledge being advised that Jeri Bray: (1) is an escrow officer and the general manager of Guardian Escrow, Inc., and (2) is an officer and stockholder of Guardian Escrow, Inc., and Inland Brookside Services, Inc., each California corporations. 29. In these escrow instructions, wherever the context so requires, the masculine gender includes the feminine and/or neuter and the singular number includes the plural. 30. The legal descriptions(s), street address(es), if any, and assessor parcel number(s) set forth in this escrow have been furnished by the Seller/Grantor and approved by the Buyer/Grantee, on which you may rely. 31. You are authorized to destroy or otherwise dispose of any and all documents, papers escrow instructions, correspondence and records or other material constituting or pertaining to this escrow at any time after five (5) years from the date of: (I) the close of escrow: (2) the date of cancellation: or (3) the date of the last activity; all without liability and without further notice to the parties. GUARDIAN ESCROW, INC., A CALIFORNIA CORPORATION IS LICENSED AS AN ESCROW AGENT $Y THE DEPARTMENT OF CORPORATIONS OF THE STATE OF CALIFORNIA. ALL PARTIES TO THIS TRANSACTION, JOINTLY AND SEVERALLY, ACKNOWLEDGE RECEIPT OF A COMPLETE COPY OF THE WITHIN ESCROW INSTRUCTIONS AND BY OUR SIGNATURES SET FORTH BELOW, ACKNOWLEDGE THAT WE HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, IN THEIR ENTIRETY. Buyer's Signature: CITY OF RED Sa municipal corp tion By:_,C/� ` PAT GILBREATH, Mayor ATTEST: it Clerk, Ci y , f edlands Address: c/o Tom Fujiwara, Asst Public Works Director, P. O. Box 3005 Redlands, CA 92373 The foregoing terms, provisions, conditions and instructions are hereby approved and accepted in their entirety and concurred in by me. I will hand you necessary documents called for on my part to cause title to be shown as set out herein, which you are authorized to deliver when you hold or have caused to be applied to funds set forth herein within the time as herein provided. You are authorized to pay on my behalf, my recording fees, charges for evidence of title as called for whether or not this escrow is consummated, except those the buyer agreed to pay. You are hereby authorized to pay bonds, assessments, taxes, and any liens of record, including prepayment penalties, if any, to show title as called for. Seller's Signatures: TROY C. DTTT Address: 2095 Balmoral Place, Costa Mesa, CA 9627 - - END OF INSTRUCTIONS - - Page 6 Form No. 1068-1 (Rev. 10/0/9?) Exhibit A, to Preliminary Report i lor I M 1.11 UL - j EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B 011110 i@1&111 iQT[1111ITh 211 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys` fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real properly or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. L Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the mailers excepted under (a), (b), or (c) are shown by the public records. EXCWSIONS FROM COVERAGE The leltowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' tees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (W) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enlercement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Delecls, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resutting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lion of the insured mortgage because of the inability or failure of the insured at Dale of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unanforceability, of the hen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar crediloW rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B -1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including 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 hereafter erected on the land, or prohibiting 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 exercise of such rights appears in the public records at Dale 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 insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the dale such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent 10 Dale of Policy; or (e) resulting in foss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 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 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULED This policy does not insure against foss or damage by reason of the matters shown in parts one and two following: Part One: 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 properly or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a, lien, for,services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. NIS 422673 First American Title Insurance Company 323 Court Street (P.O. Box 6327) San Bernardino, CA 92412 (909) 889-0311 FAX (909) 384-8464 GUARDIAN ESCROW 101 E. REDLANDS #180 CENTENNIAL PLAZA REDLANDS, CA 92373 ATTENTION: JERI BRAY Your Reference: 18184 JB Our Order No. 422673 Property Address: 21 CHURCH STREET, REDLANDS In response to the above referenced application for a policy of title insurance, this company Hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as wi 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 Exhibit "A" found inside the preliminary report jacket. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. DATED AS OF MAY 29, 2001 AT 5:00 P.M. TITLE OFFICER A Preliminary Report PAGE 1 I►�i F.�y�►�hx3 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: (SHORT TERM RATE APPLIES) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HE, IS VESTED IN: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY THE ESTATE OR INTEREST IN THE LAND HEREINAIi I'ER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: I160210 THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS: LOT 15 TIMMON'S FIRST ADDITION IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 76, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 10 FEET, MEASURED ALONG THE NORTH LINE OF SAID LOT, AND THE EASTERLY LINE BEING PARALLEL TO THE WESTERLY LINE OF SAID LOT. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2001-2002, 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 EASEMENT FOR THE HEREINAFTER SET FORTH SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, RECORDED IN BOOK 29, PAGE 65, OF DEEDS. SAID EASEMENT IS FOR WATER PIPE LINE PURPOSES AND CANNOT BE LOCATED FROM THE RECORD. 4. RIGHTS OF THE PUBLIC OVER ANY PORTION OF SAID LAND LYING WITHIN THE BOUNDARIES OF ANY ROAD, STREET OR HIGHWAY. Preliminary Report PAGE 2 MS 422673 61 A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $92,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 14, 2000, INSTRUMENT NO. 20000015212, OFFICIAL RECORDS. DATED: JANUARY 5, 2000 TRUSTOR: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: POMONA FINANCIAL SERVICE, INC. BENEFICIARY: PFF BANK & TRUST 6. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF $11,500.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED JANUARY 14, 2000, INSTRUMENT NO. 20000015213, OFFICIAL RECORDS. DATED: JANUARY 7, 2000 TRUSTOR: TROY C. DITT, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY TRUSTEE: GATEWAY TITLE COMPANY BENEFICIARY: FLORENCE BAKER, A WIDOW ACCORDING TO THE PUBLIC RECORDS, THE BENEFICIAL INTEREST UNDER THE DEED OF TRUST HAS BEEN ASSIGNED TO LYDIA WHITE, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, BY MESNE ASSIGNMENTS. TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001: FIRST HALF: $622.96 PAID SECOND HALF: $622.95 PAID CODE AREA: 5002 A.P. NO.: 171-089-13 ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND A MULTI -FAMILY RESIDENCE KNOWN AS 21 CHURCH STREET, REDLANDS, CALIFORNIA. Preliminary Report PAGE 3 NIS 422673 ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF SIX MONTHS PRIOR TO THE DATE OF THIS REPORT NONE WIRE TRANSFER INSTRUCTIONS TO FIRST AMERICAN TITLE COMPANY Receiving Bank: FIRST AMERICAN TRUST COMPANY, 421 N. MAIN ST., SANTA ANA, CA 92701 Federal Routing No: 122241255 Account Name: FIRST AMERICAN TITLE COMPANY Special Trust Account Account Number: 17004 MSIDRS Preliminary Report PAGE 4 EXHIBIT "A" LOT 15 TIMMON'S FIRST ADDITION IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 8 OF MAPS, PAGE 76, RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 10 FEET, MEASURED ALONG THE NORTH LINE OF SAID LOT, AND THE EASTERLY LINE BEING PARALLEL TO THE WESTERLY LINE OF SAID LOT. THIS MAP IS FOR 7HE PUPPOSf Of AD VALOREM TAXAT;lOH OHLY� Ph. Redlands Town Plot, .,M;B. 5/10 i f y Redlands C .... ... Tax Rate, Area This mtp may Or MaY net bo a sumoy of tho land daPictod homon. 5002' First AmOdonn axprowls, discialm, Any liabillcy for 10-3 a, daM406 which may r6ault from rolianco on thia map a�cupq to Tho Gxtc�j coverage forsuch toes of damu2o, l9exPrassly pro-AdLd bythe rormc onclPrOvIal naafthathioin$tirancePOIIC.V,�i�ny.towhTchth����;s is attachado JAN. 1990 0171 - 0 8 C-R-T R-A L- 27 1.0 Is.? : W 25 40 to 1 15 -4 u 13 0 7 1 D 1 45 0 14 25 2 535 y #PS 1� — — — - — — — — - - �27 17 (B 18 084 ---- (D 03 'As 4 05 _8 0 its r 19 5 q POR @ 10 12 13 1 29 ---- -:2 40 14 f J1119, k: 0@2 a X, 20 4 40 is 2 145 @ 2 1 A I Z7 8 1: 30 D3 21 3 4D 20 A V it's 22 As Is — AD p5i,7 3 2 7D ID, - to —�4 A4 E— N% — I L --S-T R-E H AD 40 1 AD .......... A 4 D to ;to ;10 A 5. 4 to AD 22 87 @ 10 i I M = nz @ 9 9 :10 (D: 8 12 13 14 i — I @ @ @ @ 12 A 13 12 to 40 a In 40 0.4 2 3 4 5 36 7 8 10 11 12 13 14 AD AD AD 7 go 40 10 61�4 3D �l 30 11 t5,4? 44 ; AD 33.sl 28 27 26 2 to 4 4 6 ' 7 D 8 j41 18Dt4l 41 As z Do A ?3 AD AD AD 7 A 6 0 ?2 =' 1 42 40 Jo 'o AD A AD 1. AD to 'D As to A D A �o to 4 3 4 29� 4208 1 2 to AD I . 27 2 25 2 4: 2 3 1: �22 21 20 19 101 77 1 _A 03 1 18 1=7 16 A 2 A Z. 40 AD 4 D (AD. 44s 1 40 is I AD AD J." ( 73 " 44S 39 40 40 21 ss L (i� S e d mO P 0 f A I C 0 If i a M 13 / 3 7 Timmons' Firsi A4d., U.B. 8.76 Ptn- 2�d Preiiininory mop Of Redlonds, M.B. 5/2 (�D REVISED 01103190 Assessor's Mop 1 1/10136 PE Book 0171 Page 08 19IM198 PE F First American Title Company 323 COURT STREET (P.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 EFFECTIVE SEPTE, MBER 15, .1999 AT 6:00 A.M. NEW WIRE TRANSFER INSTRUCTIONS TO First Amefican Title Company ONLY IN SAN BERNARDINO COLN .M CALIFORNIA: 0 .............. Receiving Bank: FIRST AMERICAN TRUST COMPANY Santa Ana Branch 421 N. Main St. Santa Ana, CA 92701 ABA 122241255 Account Name: FIRST AMERICAN TITLE COMPANY Special Trust Account Account Number: 17004 - rlawr 0 PLEASE REFERENCE: -i"Pt ide Order Number OWA" I Title OTTIcer s Name (This information MUST BE INCLUDED in wire text.) .... .. .... ... L VC jam TO INSURE RECORDING1 THE TITLE OFFICER MUST BE ADVISED BEFORE WIRE IS SENT. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1 Any law, ordinance or governmental regulation (inclu&g but not Vmited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoynoint of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land. or prohibiting a separation in ownership or a reduction in [he dimensions or area of the land, or [he effect of any violation of any such law ordinance or governmental regulation, 2. Righis of eminent domain or governmental rights of police power unless notice of [he exercise of such rights appears in the puVc records at Date of policy. 3. Defects. flens, encumbrances, adverse claims, or other matters (a) cfeated, vitered, assumed ot agreed to by the insured claimant, tb) not known to [he Company and not Shown by the public records buI 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 claimant to the Company prior to the dale such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the exlept insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as In assessments for street improvements under construction or completed at Dale of Policy). 4. Ureniorceability of the lien of [he insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to compiy wilb applicable 'doing business" laws of [he slate in which [he land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions [a coverage appear in the policy. SCHEDULE B This policy does not insure against toss or damage by reason of the matters shown in parts one and two following� Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments off real property or by the public records. 2. Any facts, fights, interests, or Calms which are not shown by the public records but which could be ascertained by an inspection of said land or by making �flofuiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records, 5� Unpalented mining clalms� reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title 10 water. 6� Any lien, or right to a lien, for services, labor or material theretofore or herealler furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay less or damage. costs. attorneys' fees or expenses which arise by reason of� 1, (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, tegulati[rig, prohibiting or relating to (i� the occupancy, use, or enjoyment of the land. Jii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of [he land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violalion of these laws, or&iances or governmental regulations, except to [he extent that a notice of the enforcement [hereof or a Police of a defect, lien or encumbrance resulting from a violation or afleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 Poljcy� 2. Rights of eminent domain unless notice of [he exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any la0g which has occurred prior to Dale of Policywhich would be binding on [he rights of a purchaser for value without knowledge. Defects, liens, encumbrances, adverse claims or other matters� (a) created. sulleied, 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 &closed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy, (c) resulting in no loss or damge to the insured clalmant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services. labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy)� or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4. Unenforceabilily of the lien of thu instired mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of anysubsequeni owner of [he irdebledness. to comply with applicable 'doing business" laws of the state in which the land is situated. 5. Invalidity or unerflomeability of the lien of the insured mortgage, or claim thereof, Mich arises out at [he transaction evidenced by the insured mortgage and is based upon usury or any consumer ciedit protection or truth in lending law, 6. Any staltilery lien for seMces, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to [he land which is conlracted for and commenced subsequent to Date of Policy and is not financed in whole or in pan by proceeds of the indebtedness secured by the insured mortgage which at Dale of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this paRcy, by reason of [he operation of federal bankruptcy, slate insolvency, or similar creditors' rights laws. that is based on: (i) [he transaction creal�rg Me interest of [he insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (if) [he subordination of [he interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) [he transaction creating the inte�esl of the insured mortgagee being deemed a preferential transfer except where the prefemnlial 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 a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN 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 6 above are used and the followlig exceptions to coverage appear in the policy� SCHEDULE B This policy does not insure against less or damage (and the Company will not pay costs, allorfleyV fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which a�e not shown by the public records. 4. Discrepancies, coflflicls in boundary lines, shortage in area, encroachMERIS, or any other facts which a correct survey would disclose, and which are flat shown by public recwds. 5. Unpaterded mining claims; reservations or exceptions in patents or in Acts authorizing the issuance the:eol; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or henealter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys! fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or r8gulaffons) restricting. regulating, prohibiting or relating to (1) Me occupancy, use, arenjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (fit) a separation in ownership or a change in the dimensions or area of the land or any parcel of which [he land is or was a part: or (iv) environmental protection, or the effiect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged Ylolation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent 1hat a notice of the exefclse 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. 2. Rights ol eminent domair? unless rolice of the exe(cise [hereof has been recorded in the public records at Date of Policy. but no[ excluding from coverage any taking Won has occurred prior to Dale of Policywhich would be binding on [he rights of a purchaser for value without knowledge. 3. Deiecls. liens. encumbrances, adverse claims or other matters - (a) cfeated. 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 [he insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claiman4 (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if [he insured claimant had pa�d 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 Ibis policy, by reason of the operation of federal bankruptcy, state insolvency, o; similar credilors' rights laws. that is based on: (1) [he transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent Vansler; or (ii) [he transaction creating [lie estate or interest insured by this policy being deemed a preferential transfer except where the preferential Vansfer results from the [allure: (a) In timely record the instrument of transfer, or (b) of Such fecordation to impart notice to a purchaser for value or a �udgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When [he American Land Title Association policy is used as a Standard Coverage Policy and not as an Uended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy, SCHEDULE B This policy does not insure against loss or damage (and [he Company will not pay costs, attorneys' fees or expenses) which arise by reason of! Part One: 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. 2. Any lacts, rights, interests, or claims Mich are not shown by the pubRc records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession [hereof. 3, Easements, claims of easement or encumbrances which are not shown by the public records, 4� Discrepancies, conflicts in boundary lives, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpalonled mining claims; reservations or exceptions in patents or in Acts autho;izing the issuance thereof: water rights, claims or title to water. 6. Any lien, or right to a lien. for services, labor or material theretofore 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 Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes buPrIng and zoning ordinances and also laws and regulations concemllig: land use - land division improvements on the land - environmental protection This exclusion does not apply to violations or the enforcement of these mailers which appear in the public records at Policy Date, This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risk& 2, The right to take the land by condemning it, unles& a notice of exercising the right appears in the public records on the Policy Date ]he taking happened prior to [he Policy Date and is binding an you if you bought the land without knowing of the taking. 3. Title Risksi 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 ft result in no loss to you that first affect your title after the Policy Dale - ibis does not limit [he labor and material lien coverage in Item 8 of Covered Tiffe Risks Failure to pay value for your title. Lack of a right: to ant land outside the area speciRcally described and referred to in Item 3 at Schedule A, or in streets, allWs,,)r waterways [hat touch your land This exclusion does not lirilit the access coverage in Item 5 of Covered Title Risks,