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HomeMy WebLinkAboutDeeds & Easements_13-2001ERECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF REDLANDS Office of the City Clerk P. 0. Box 3005 Redlands, CA 92373 A.P.N.: 169-244-36 (Portion) Order No.: 422657 Above This Line for Recorder's Use Only Escrow No.: 18173-.TB THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY None [ computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ j unincorporated area; [ X ] City of Redlands , and FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged, DANIEL R. FLANIGAN AND ELAM M. FLANIGAN, Trustees of the Flanigan Family Trust, dated February 8, 1999 hereby GRANT(S) to CITY OF REDLANDS, a municipal corporation the following described property in the City of Redlands, County of San Bernardino State of California; Portion of Lot 7, Tract No. 3282, Caballero and Freire Subdivision, and portion of Lots 30 and 31, Block 77, Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. Document Date: JuIy 13, 2001 DANIEL R. FLANIGAN, Trustee of the Flanigan Family Trust, dated February 8, 1999 ELA NE M. FLANIGAN, Trustee of the Flanigan Family Trust, dated February 8; 1999ruary 8, 1999 THIS DOCUMENT IS APPROVED AS TO CONTENT AND FORM, CITY OF REDLANDS, a municipal corporation, By: _ PAT GILBREATH, Mayor Attest: rc�� 6�1.. — LrsVEED Poyzer y Clerk GRANT CONTI UED ON NEXT PAGE ll.f..:l rr..v — 0 A 1 XT1 AV A ni'%17T! -- AAA---- 1L7—A SAN BFRNARIDINO COUNTY ASSESSOR 172 W. THIRD STREET SAN BERNARDINO, CA 92415-0310 Escrow: 18173-JB PRELE%MARY 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. SELLERfIRANSFEROR: DANIEL R. FLANIGAN, Trustee ELAINE M. FLANIGAN, Trustee BUYERffRANSFEREE: CITY OF REDLANDS ASSESSOR'S PARCEL NUMBER(S): 169-244-36 (Portion) and, (if applicable) LEGAL DESCRIPTION: UNIT: LOT: TRACT: PROPERTY ADDRESS: OR LOCATION: 745 East Stuart Avenue (portion) Redlands, CA 92374 Mail Tax Information To. (Name); CITY OF REDLANDS (Address): c/o Torn Fujiwara, Asst Public Works Director P. O. Box 3005 Redlands, CA 92373 FOR RECORDER'S USE ONLY FOR ASSESSOR'S USE ONLY CLUSTER OCI 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 tax roll obligation, please call the San Bernardino County Assessor at (909) 387-6740. PART 1: 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 person(s) 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 [ ]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)? II. 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 [ ]No 3. to a trust from which the property reverts to the grantor within 12 years? [ ]Yes [ ]No I. If this property is subject to a lease, is the remaining lease term 35 years or more including written options: [ ]Yes [ ]No L Is this a transfer from parents to children or from children to parents? [ ]Yes ( ]No IC. 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 1, 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 J K, OR L, PLEASE SIGN AND DATE, OTHERWISE COMPLETE BALANCE OF THE FOR. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date: B. Type of transfer. Please check appropriate item. [ ]Purchase [ ]Foreclosure I ]Girt [ ]Trade or Exchange j ]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 SSE-ASD AH 502-A FRONT 1-8-92 -f-RELIMINARY CHANGE OF OWNERSHIP 'REPORT Escrow: 181734B Please answer, to the best of your knowledge, all applicable questions, sign and date. If a question does not apply, indicate with 'N/A'. PART III: PURCHASE PRICE & TERMS OF SALE A. CASH DOWN PAYMENT or Value of Trade or Exchange (excluding closing cost) Amount $ B. FIRST DEED OF TRUST @ % Interest for Years. Payments/Mo.=$ (Prin. & Int.) Amount $ [ ] FHA [ I Fixed Rate [ ] New Loan [ ] Conventional [ ] Variable Rate [ ] Assumed Existing Loan Balance [ ] VA [ ] All Inclusive D.T. $ Wrapped) [ I Bank or Savings & Loan [ ] Cal -Vet [ I Loan Carried by Seller [ ] Finance Company Balloon Payment [ I Yes [ ] No Due Date Amount $ C SECOND DEED OF TRUST @ % Interest for years. Payments/Mo. = $ (Prin. & Int.) Amount $ [ ] Bank or Savings & Loan [ I Fixed Rate [ ] New Loan [ ] Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment I ] Yes f I No Due Date Amount $ D. OTHER FINANCING - Is other financing involved not covered in (B) and (C) above? [ ] Yes [ I No Amount $ Type (g % Interest for _years. Payments/Mo. _$ (Prin. & Int. only) [ ] Bank or Savings & Loan [ ] Fixed Rate [ I New Loan [ I Loan Carried by Seller [ ] Variable Rate [ ] Assumed Existing Loan Balance Balloon Payment [ ] Yes [ ] No Due Date Amount $ E. IMPROVEMENT BOND [ ] Yes I I 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: [ I Through a broker: [ ] Direct from seller: [ ]Other If purchased through a broker, provide broker's name and phone no.: t 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 / 2 month day month day C. TYPE OF PROPERTY TRANSFERRED: [ ] Single -Family Residence [ ] Agricultural [ ] Timeshare [ ] Multiple -family residence (no. of Units, [ ] Co-op/Own-your-own [ ] Mobilehome [ ] Commercial/Industrial [ ] Condominium [ ] Unimproved lot [ ] Other (Description: D. DOES THE PROPERTY PRODUCE INCOME? ( )Yes ( )No E. IF THE ANSWER TO QUESTION 'D' IS YES, IS THE INCOME FROM: [ I Lease/Rent [ I Contract [ ] Mineral Rights [ I Other -explain F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? [ ] Good [ ] Average [ I Fair I ] 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. that the fgregoing is true, Signed Please Print Name of New Owner/Corporate Officer Phone Number where you are available from 8:00 a.m. - 5:00 p.m. ( ete to the st of my knowledge and belief. Date 7-17- (NOTE: The Assessor may contact you for further information) IF A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS PRESENTED TO THE RECORDER FOR RECORDA71ON WITHOUT THE CONCURRENT FILING OFA PRELIMINARY CHANGE OF OWNERSHIP REPORT, THE RECORDER MAY CH4RGEANADDITIONAL RECORDING FEE OF TWENTY DOLLARS ($20.00). AS-SV25 SBE-ASD AH 502-A BACK 1-8-92 MS 422657 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: 18173 JB Our Order No. 422657 Property Address: 745 STUART AVENUE, 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 JUNE 28, 2001 AT 5:00 P.M. tt- MARGO SWE TITLE OFFICER APPROVED: CITY OF REDLANDS, a municipal corporation By: . 4A�TOG�ILBRE�ATH,Mayor Attest LOII IE POY City Clerk Preliminary Report PAGE I MS 422657 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: (BASE RATE APPLIES) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DANIEL R. FLANIGAN AND ELAINE M. FLANIGAN, TRUSTEES OF THE FLANIGAN FAMILY TRUST DATED FEBRUARY 8, 1999 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: A PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN S. HART, A WIDOWER, BY DEED RECORDED JUNE 24, 1993, AS INSTRUMENT NO. 93-270420, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID PORTION BEING THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AND PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 88, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 89 DEG. 50' 57" EAST, 26.24 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN 1000-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, DESCRIBED IN PARCEL "A" OF DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 483, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY CONTINUATION OF SAID CURVE, FROM A TANGENT BEARING NORTH 62 DEG. 08' 51" WEST, THROUGH AN ANGLE OF 1 DEG. 4V 20", AN ARC DISTANCE OF 29.48 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 DEG. 04' 24" EAST, 13.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS THE NORTHEASTERLY LINE THEREOF. Preliminary Report PAGE 2 MS 422657 PARCEL NO. 2: THAT PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE(S) 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 3, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 88, RECORDS OF SAID COUNTY, SAID LINE BEING ALSO THE WESTERLY LINE OF CHURCH STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 3282, DISTANT SOUTH 0 DEG. 08, 31" EAST, 187.51 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG. 5V 29" WEST, 70.61 FEET; THENCE NORTH 55 DEG. 21' 24" WEST, 160.85 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,600 FEET, THROUGH AN ANGLE OF 6 DEG. 47' 27", A DISTANCE OF 118.52 FEET TO THE SOUTH LINE OF LOT 7 OF SAID TRACT NO. 3282; THENCE WEST ALONG SAID SOUTH LINE OF LOT 7, A DISTANCE OF 26.50 FEET, MORE OR LESS, TO THE EAST LINE OF SHOREY'S SUBDIVISION, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE 386.44 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, NOW THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EAST ALONG SAID LINE, 231 FEET; THENCE NORTH 55 FEET AT RIGHT ANGLES THERETO; THENCE EAST 100 FEET, PARALLEL WITH SAID NORTH LINE TO THE WEST LINE OF CHURCH STREET; THENCE NORTH ALONG SAID WEST LINE OF CHURCH STREET, 178.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 30 AND 31, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF CHURCH STREET, AS SHOWN BY SAID MAP OF TRACT NO. 3282, DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 08' 31" EAST, 204.99 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 44 DEG. 51' 13" WEST, 28.29 FEET; THENCE SOUTH 89 DEG. 50' 57" WEST, 310.30 FEET TO THE EAST LINE OF SHOREY'S SUBDIVISION AS SHOWN BY MAP ON FILE IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. 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 ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. Preliminary Report PAGE 3 NIS 422657 3. AN EASEMENT FOR IRRIGATING DITCHES AND PIPES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 79, PAGE 141, OF DEEDS. AFFECTS: CANNOT BE LOCATED FROM THE RECORD 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM INTERSTATE 10 FREEWAY, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED FROM MARIA JOSEPHINE FREIRE AND VICENTE CABALLERO, TO STATE OF CALIFORNIA, RECORDED MAY 11, 1960, IN BOOK 5133, PAGE 483, OFFICIAL RECORDS. 5. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 31 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $135,000.00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 2, 2001, INSTRUMENT NO, 20010167418, OFFICIAL RECORDS. DATED: APRIL 27, 2001 TRUSTOR: DANIEL R. FLANIGAN AND ELAINE M. FLANIGAN, TRUSTEES OF THE FLANIGAN FAMILY TRUST DATED FEBRUARY 8, 1999 TRUSTEE: REDLANDS ESCROW INC. BENEFICIARY: JOHN S. HART, A WIDOWER TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001: FIRST HALF: $639.22 PAID SECOND HALF: $639.20 PAID CODE AREA: 5002 A.P. NO.: 169-244-36 ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND COMMERCIAL PROPERTY KNOWN AS 745 STUART AVENUE, REDLANDS, CALIFORNIA. Preliminary Report PAGE 4 MS 422657 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: 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 Nance: FIRST AMERICAN TITLE COMPANY Special Trust Account Account Number: 17004 MS/DRS Preliminary Report PAGE 5 EXMBIT "A" A PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN S. HART, A WIDOWER, BY DEED RECORDED JUNE 24, 1993, AS INSTRUMENT NO. 93-270420, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID PORTION BEING THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AND PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE'OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 88, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 89 DEG. 50' 57" EAST, 26.24 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN 1000-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, DESCRIBED IN PARCEL "A" OF DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 483, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY CONTINUATION OF SAID CURVE, FROM A TANGENT BEARING NORTH 62 DEG. 08' 5 1 " WEST, THROUGH AN ANGLE OF 1 DEG. 41' 20", AN ARC DISTANCE OF 29.48 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 DEG. 04' 24" EAST, 13.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS THE NORTHEASTERLY LINE THEREOF. PARCEL NO. 2: THAT PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE(S) 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 3, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 88, RECORDS OF SAID COUNTY, SAID LINE BEING ALSO THE WESTERLY LINE OF CHURCH STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 3282, DISTANT SOUTH 0 DEG. 08' 31" EAST, 187.51 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG. 5V 29" WEST, 70.61 FEET; THENCE NORTH 55 DEG. 21' 24" WEST, 160.85 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000 FEET, THROUGH AN ANGLE OF 6 DEG. 47' 27", A DISTANCE OF 118.52 FEET TO THE SOUTH LINE OF LOT 7 OF SAID TRACT NO. 3282; THENCE WEST ALONG SAID SOUTH LINE OF LOT 7, A DISTANCE OF 26.50 FEET, MORE OR LESS, TO THE EAST LINE OF SHOREY'S SUBDIVISION, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE 386.44 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, NOW THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EAST ALONG SAID LINE, 231 FEET; THENCE NORTH 55 FEET AT RIGHT ANGLES THERETO; THENCE EAST 100 FEET, PARALLEL WITH SAID NORTH LINE TO THE WEST LINE OF CHURCH STREET; THENCE NORTH ALONG SAID WEST LINE OF CHURCH STREET, 178.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 30 AND 31, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF CHURCH STREET, AS SHOWN BY SAID MAP OF TRACT NO. 3282, DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 08' 31" EAST, 204.99 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 44 DEG. 51' 13" WEST, 28.29 FEET; THENCE SOUTH 89 DEG. 50' 57" WEST, 310.30 FEET TO THE EAST LINE OF SHOREY'S SUBDIVISION AS SHOWN BY MAP ON FILE IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. SCALE IN 1110 OF AN INCH I 1-000-345-7334 y si This map may or may not be a uffvuy ol the land depleted hereon. , 7 Fh i AFnW ras k Item lY d a ev o any €l up a for boa to extent Por. 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PaaaP4 First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information 1n order to better serve your needs now and in the future, we may ask you to provide us with terrain information. We understand that you may be concerned about what we will do with such information. -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use to the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First knierican has also adopted broader guidelines that govern, our use of personal information regardless of its source. First American calls these guidelines its Fair Information values, a copy of which can be found on our website at w-ww..rmtam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: + Information we received from you on applications. forms and in other communications to us, whether in writing, in person, by telephone or any other means; + Information about your transactions with us, our affiliated companies, or others; and + Information we receive from a consumer reporting agencv. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We-tx�ay, however, store such infornation indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services. such as appraisal companies, home warranty companies, and escrow companies. Furhermore, we may also provide ail the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing a?reements. Former Customers Eyen if you are no longer our customer, our Privacy Policy will continue to apply to ou. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and endries who need to tmow that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Prig: ac;: Policy and First American's Fair Informarion Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Form No. 1088-1 (Rev. 10/17/92) Exhibit A to Pretminary Rpoort wil Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 SCHEDULE B EXCEPTIONS FROM COVERAGE 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 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 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) Unpatenled 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 following mailers are expressly excluded from the coverage of this policy and the Company will not pay lass 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, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (5) 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 the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the eflecl or 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. 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 prier to Date of Policy which would be binding on the rights at 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) nol known to the Company, not recorded in the public records at Dale of Policy, but known to the 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 foss or damage to the insured claimant; (d) attaching or created subsequent to Dale o1 Policy; or (e) resulting in loss or damage which would not have been sustained it the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenlarceabl lily of the lien 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 stale in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the trarsaction 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 creditors' 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 at the exercise of such rights appears in the public records at Date of Policy. 3. Detects, 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 Dale of Policy or at the dale 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 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 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 paliicy. SCHEDULE B This policy does not insure against loss 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 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 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. Unpatenled 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. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1970 a " 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 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 or area of the land, or the effect of any violation of any such law ordinance or gavernmenlat 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, iiens, 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 or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the data such insured claimant became an insured hereunder; (e) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or compleled at Date of Policy). 4. Unenforceability of the hen at the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the stale in which the 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 to coverage appear in the policy. SCHEDULE D This policy does not insure against loss or damage by reason of the matters shown in parts one and Iwo following Part One 1 Taxes or assessments which are flat shown as existing liens by the records of any taxing authority [hat levies taxes or assessments on real properly or by the public records - 2. Any [acts, 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, confficls 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 theretofore or hereafter 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 Iellowing matters are expressly excluded Irom the coverage of this policy and the Company will not pay toss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but net limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) 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 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 at a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Data of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent [hat a notice at the exercise thereat 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- 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. Defects, iiens, encumbrances, adverse claims or other matters (a) created, suffered, assumed or agreed to by the insured claimant; #b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured cWmant 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 claimant, (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of [he 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 (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4 Unenlorceabilily of the hen 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 applicable ,doing business" laws of the slate in which the land is situated 5. Invalidity or unenforceabi lily 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 lending law_ 6. Any statutory lien for services, 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 the land which is cantracted for and commenced subsequent to Date 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_ 7. Any claim, which arises out of the transaction creating the interest of the mortgagee 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 interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (u) 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 deemed a preferential transfer except where the preferential transfer results from [he failure: (a) to timely record the instrument of transfer, or (b) of such recordation to imparl 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 following exceptions to coverage appear in the policy SCHEDULE B 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 net 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 [acts, 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. d. 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; reservalions or exceptions in patenls or in Acts authorizing the issuance thereof; water rights, claims or title to water. 8. 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, B. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 EXCLUSIONS FROM COVERAGE The following mailers are expressly excluded from the coverage of [his 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 regulations) reslrictirig, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) 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 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, hen 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 [hat a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuhing 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 Dale 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. Defects, liens, encumbrances, adverse claims or other matters: (a) created. suffered, assumed or agreed to by the insured claimant, (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in writing to the Company by [he 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 loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by [his policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by [his 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 fraudulent conveyance or fraudulent transfer; or (ti) 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 not as an Extended 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 net pay costs, attorneys' fees or expenses) which arise by reason of Part One 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. 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 facts which a correct survey would disclose, and which are not shown by public records. Unpalenied mining claims, reservations or exceptions in patents or in Acts authorizing 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, 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' tees and expenses resulting from 1. Governmental police power, and the existence or violation of any law or government regulation This includes building and zoning ordinances and also laws and regulations concerning • land use • 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 hems 12 and 13 of Covered The Risks. 2. The right to lake 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 10 the Policy Date and is binding on you it you bought the land without knowing of the taking. 3. The Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy 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,larP outside the area specifically described and referred to in Ilem 3 of Schedule A, or in slrecis, alleys, or waterways [hat touch your land • This exclusion does not limit the access coverage in llem 5 of Covered Title Risks. MS 422657 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: 18173 JB Our Order No. 422657 Property Address: 745 STUART AVENUE, 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 Iiability be assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested. DATED AS OF JUNE 28, 2001 AT 5:00 P.M. TITLE OFFICER w Preliminary Report PAGE 1 MS 422657 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY TMS REPORT IS: (BASE RATE APPLIES) TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: DANIEL R. FLANIGAN AND ELAINE M. FLANIGAN, TRUSTEES OF THE FLANIGAN FAMILY TRUST DATED FEBRUARY 8, 1999 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: F08200, THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND IS DESCRIBED AS FOLLOWS: A PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN S. HART, A WIDOWER, BY DEED RECORDED JUNE 24, 1993, AS INSTRUMENT NO. 93-270420, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID PORTION BEING THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AND PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 88, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 89 DEG. 50' 57" EAST, 26.24 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN 1000-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, DESCRIBED IN PARCEL "A" OF DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 483, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY CONTINUATION OF SAID CURVE, FROM A TANGENT BEARING NORTH 62 DEG. 08' 51" WEST, THROUGH AN ANGLE OF I DEG. 4V 20", AN ARC DISTANCE OF 29.48 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 DEG. 04' 24" EAST, 13.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS THE NORTHEASTERLY LINE THEREOF. Preliminary Report PAGE 2 MS 422657 PARCEL NO. 2: THAT PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE(S) 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 3, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 88, RECORDS OF SAID COUNTY, SAID LINE BEING ALSO THE WESTERLY LINE OF CHURCH STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 3282, DISTANT SOUTH 0 DEG. 08, 31" EAST, 187.51 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG. 51' 29" WEST, 70.61 FEET; THENCE NORTH 55 DEG. 21' 24" WEST, 160.85 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000 FEET, THROUGH AN ANGLE OF 6 DEG. 47' 27", A DISTANCE OF 118.52 FEET TO THE SOUTH LINE OF LOT 7 OF SAID TRACT NO. 3282; THENCE WEST ALONG SAID SOUTH LINE OF LOT 7, A DISTANCE OF 26.50 FEET, MORE OR LESS, TO THE EAST LINE OF SHOREY'S SUBDIVISION, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE 386.44 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, NOW THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EAST ALONG SAID LINE, 231 FEET; THENCE NORTH 55 FEET AT RIGHT ANGLES THERETO; THENCE EAST 100 FEET, PARALLEL WITH SAID NORTH LINE TO THE WEST LINE OF CHURCH STREET; THENCE NORTH ALONG SAID WEST LINE OF CHURCH STREET, 178.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 30 AND 31, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF CHURCH STREET, AS SHOWN BY SAID MAP OF TRACT NO. 3282, DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 08' 31" EAST, 204.99 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 44 DEG. 51' 13" WEST, 28.29 FEET; THENCE SOUTH 89 DEG. 50' 57" WEST, 310.30 FEET TO THE EAST LINE OF SHOREY'S SUBDIVISION AS SHOWN BY MAP ON FILE IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. 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 ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. Preliminary Report PAGE 3 MS 422657 3. AN EASEMENT FOR IRRIGATING DITCHES AND PIPES AND INCIDENTAL PURPOSES, RECORDED IN BOOK 79, PAGE 141, OF DEEDS. AFFECTS: CANNOT BE LOCATED FROM THE RECORD 4. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE ANY RIGHTS OF INGRESS OR EGRESS TO OR FROM INTERSTATE 10 FREEWAY, SAID RIGHT HAVING BEEN RELINQUISHED BY DEED FROM MARIA JOSEPHINE FREIRE AND VICENTE CABALLERO, TO STATE OF CALIFORNIA, RECORDED MAY 11, 1960, IN BOOK 5133, PAGE 483, OFFICIAL RECORDS. 5, ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 0 A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $135,000,00, AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY, RECORDED MAY 2, 2001, INSTRUMENT NO. 20010167418, OFFICIAL RECORDS. DATED: APRIL 27, 2001 TRUSTOR: DANIEL R. FLANIGAN AND ELAINE M. FLANIGAN, TRUSTEES OF THE FLANIGAN FAMILY TRUST DATED FEBRUARY 8, 1999 TRUSTEE: REDLANDS ESCROW INC. BENEFICIARY: JOHN S. HART, A WIDOWER TAXES FOR PRORATION FOR THE FISCAL YEAR 2000-2001 FIRST HALF: $639.22 PAID SECOND HALF: $639.20 PAID CODE AREA: 5002 A.P. NO.: 169-244-36 ACCORDING TO THE LATEST AVAILABLE EQUALIZED ASSESSMENT ROLL IN THE OFFICE OF THE COUNTY TAX ASSESSOR, THERE IS LOCATED ON THE LAND COMMERCIAL PROPERTY KNOWN AS 745 STUART AVENUE, RE, DLANDS, CALIFORNIA. Preliminary Report PAGE 4 MS 422657 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: 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 MS/DRS Preliminary Report PAGE 5 EXHIBIT "A" A PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN S. HART, A WIDOWER, BY DEED RECORDED JUNE 24, 1993, AS INSTRUMENT NO. 93-270420, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID PORTION BEING THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AND PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 88, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT, NORTH 89 DEG, 50' 57" EAST, 26.24 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN 1000-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, DESCRIBED IN PARCEL "A" OF DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 483, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY CONTINUATION OF SAID CURVE, FROM A TANGENT BEARING NORTH 62 DEG. 08' 51 " WEST, THROUGH AN ANGLE OF I DEG. 41' 20", AN ARC DISTANCE OF 29.48 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 DEG. 04' 24" EAST, 13.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS THE NORTHEASTERLY LINE THEREOF. PARCEL NO. 2: THAT PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE(S) 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 3, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 88, RECORDS OF SAID COUNTY, SAID LINE BEING ALSO THE WESTERLY LINE OF CHURCH STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 3282, DISTANT SOUTH 0 DEG. 08' 31 " EAST, 187.51 FEET ALONG SAID LINE FROM THE NORTHEASTERLY CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG. 5 F 29" WEST, 70.61 FEET; THENCE NORTH 55 DEG. 21' 24" WEST, 160.85 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000 FEET, THROUGH AN ANGLE OF 6 DEG. 47' 27", A DISTANCE OF 118.52 FEET TO THE SOUTH LINE OF LOT 7 OF SAID TRACT NO. 3282; THENCE WEST ALONG SAID SOUTH LINE OF LOT 7, A DISTANCE OF 26.50 FEET, MORE OR LESS, TO THE EAST LINE OF SHOREY'S SUBDIVISION, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE 386.44 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, NOW THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EAST ALONG SAID LINE, 231 FEET; THENCE NORTH 55 FEET AT RIGHT ANGLES THERETO; THENCE EAST 100 FEET, PARALLEL WITH SAID NORTH LINE TO THE WEST LINE OF CHURCH STREET; THENCE NORTH ALONG SAID WEST LINE OF CHURCH STREET, 178.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 30 AND 31, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF CHURCH STREET, AS SHOWN BY SAID MAP OF TRACT NO. 3282, DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 08' 31" EAST, 204.99 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 44 DEG. 51' 13" WEST, 28.29 FEET; THENCE SOUTH 89 DEG. 50' 57" WEST, 310.30 FEET TO THE EAST LINE OF SHOREY'S SUBDIVISION AS SHOWN BY MAP ON FILE IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. SCALE IN 1/10 OF AN iNcO L f 2 3 4 s s 4 y,N sA This map may or may not Ila a survay a£ the rand ftittUd harem. b T,y Flrut kmeti:.:.n orpr atly di=bhn, any Hah;lh•/ for tar., or dama,3s zwMch in C'f rea:s4 frnrn rOIL-Rea on this mop 0;:r9at to eho exient Por. Rancho San Bernardino �% o savor;,3tarsuch Secs or dernega Is u%pms&y provided Wtho lesms M. B. 7�2 J god plovi5ivn5 of the W10 Inauroaw pal . f any, to whlchthis naip O ,1 Isattachad. rISS l_J F —^•6--liltitl Parca} MOP No. 7364, P.M. 74/I5 Par. Felrbanks N %'nson Sub.M8.4/46 Terface Nlla Sub. M.B, 15/6 f9 WAP 145--W-64 PAR 4 MRanry . 1-000-345-7334 Redlands City l69-24 Tcx Role Area .5002 Iyiao' col ,o r7o Q� E r Ir � f 1 Ld F W I70 ?44 r Assessor$ Map a .17 cc RaakfRG PaaaP4 ro-zer des +u^+-� nse�cn.,a Rlrr s5 I nt First An9erican Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such informarion-particu€ar€y any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability Tais Privacy Policy governs our use to the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First _American has also adopted broader guidelines that govern our use of personal information regardless of its source_ First kmerican calls these guidelines its Fair Information values, a copy of which can be found on our websire at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may cvIlect include: • Information we received from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means: • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated parry. Therefore, we will not release your information to nonaffiliated parries except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law, We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate se^ices, such as appraisal companies, home warranty companies, and _scrow companies. Furthermore, we may also provide ail the information we collect, as described above, to companies that perform rnarke=z services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing aureements. Former Customers E :en if you are no longer our customer, our Privacy Policy will continue to app€v ro you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to '.mow that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American`s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Company 323 COURT STREET (P.O. BOX 6327) SAN BERNARDINO, CA 92412 (909) 889-0311 EFFECTIVE SEPTEMBER 15 1999 AT 6:00 A.M. NEW WIRE TRANSFER INSTRUCTIONS TO First American Title Company ONLY IN SAN BERNARDINO COUNTY, CALIFORNLI 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 VW PLEASE REFERENCE: Title Order Number Title Officer's Name (This information MUST BE INCLUDED in wire text.) .., - n,.,...,,., ..:.... �..,.. ,.., .. ;....... .:.,..... --...,...._._._:::o:ia:..,.,,:..,..,...:.....:.:......... _: _:.....:.s:.. ... :......... is TO INSURE RECORDING, THE TITLE OFFICER MUST BE ADVISED BEFORE WIRE IS SENT. Guardian 'Escrow, Inc. 101 East Redlands Blvd., Suite 180 Redlands, CA 92373 (909) 793-3147 FAX (909)798-4606 NOTICE TO BUYERS AND SELLERS Property: 745 East Stuart Avenue (portion), Redlands, CA 92374 Escrow No.: 18173-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. 18173 3B (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. DANIEL R. FLANIGAN, Trustee of the Flanigan Family Trust, dated February 8, 1999 BLAINE M. FLANIGAN, Trustee of the Flanigan Family Trust, dated February 8, 1999 CITY OF REDLANDS By: PA GILBREATH, Mayor Attest: LO IE POY City 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: July 10, 2001 Escrow Officer: Jeri Bray, CSEO Escrow Number: 18173-JB CITY OF REDLANDS, a municipal corporation, (hereinafter referred to as Buyer) agree to purchase from DANIEL R. FLANIGAN AND ELAINE M. FLANIGAN, Trustees of the Flanigan Finaily Trust, dated February 8, 1999, (hereinafter referred to as Seller) the real property set forth herein per the terms, conditions, consideration and instructions hereinafter stated. The Seller and Buyer herein shall deliver these signed escrow instructions to Guardian Escrow, Inc., (hereinafter blown as Escrow Holder). Terms of Transaction I will deposit, prior to close of escrow, the sum of To Complete the Total Consideration of $ 616.00 $ 616.00 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 August 10, 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 $616.00, covering property in the County of San Bernardino , State of California, described as follows: Portion of Lot 7, Tract No. 3282, Caballero and Freire Subdivision, and portion of Lots 30 and 31, Block 77, Rancho San Bernardino, in the City of Redlands, County of San Bernardino, State of California, more particularly described in Exhibit "A" attached hereto and made a part hereof. COMMONLY KNOWN As: Vacant Land (Portion of 745 East Stuart Avenue Redlands, CA) 92374 ASSESSOR PARCEL NUMBER(S): 169-244 36 (Portion) SHOWING TITLE VESTED IN. CITY OF REDLANDS, a municipal corporation SUBJECT ONLY TO: (1) 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. Buyer will furnish new insurance covering subject property satisfactory to the first lender and naming the Seller as second mortgagee; Buyer authorizes payment of premium through this escrow. 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. Seller will furnish a copy of Seller's Trust Agreement together with a Trust Certification as to the status of said trust, copies of which are to be delivered to First American Title Insurance. 4. Prior to close of escrow, Seller will cause to be handed you a partial reconveyance from John S. Hart, releasing the subject property from his deed of trust now of record; which document is to be recorded through this escrow. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowleVent theforegoing. Seller Initials: Buyer Initials Page I Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18173 JB 5. 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. 422657, dated as of dune 28, 2001, covering the subject property. Current Taxes and Exception Items I through 5 , 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. 6. Regardless of Additional Escrow Instructions set forth hereinafter to the contrary, all fees, costs and charges in this escrow will be paid by Buyer, including but -not limited to title policy fee, escrow fee, documentary transfer tax, 1099 reporting fees and costs of preparing, notarizing and recording documents. 7. There are to be no adjustments or pro -rations in this escrow between the parties regarding taxes or other matters. 8 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 full 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 SellerlGrantor'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 recdive 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. S. 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. ADDITIONAL. INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF Afy initials below represent my agreement and acknowledgrne of the foregoing. Seller Initials: Buyer Initials: Page 2 19 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18173-JB 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. 10. 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 instrument$ 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 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 181734B 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 Seiler/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 Execpdon 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, Lender 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 interpieader, you shall ipso facto be fully released and discharged from all obligations further to perform any and all dudes imposed upon you in this escrow. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgmA oflhe foregoing. Seller Initials: _ Buyer Initials: Page 4 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18173 JB In consideration of your undertaking to act hereunder, i agree to pay, when called upon by you so to do, for all services performed for me, together with all charges, expenses, and costs incurred or paid for me by you as customarily allocated, unless the Escrow Instructions set forth hereinabove provide to the contrary. All of the parties to this escrow, jointly and severally, promise to pay promptly on demand, as well as to indemnify you and to hold you harmless from and against all administrative governmental investigations, audit and legal fees, litigation and interpleader costs, damages, judgments, attorneys' fees, arbitration costs and fees, expenses, obligations and liabilities of every hind (collectively "costs") which in good faith you may incur or suffer in connection with or arising out of this escrow, whether said costs arise during the performance of or subsequent to this escrow, directly or indirectly, and whether at trial, or on appeal, in administrative action, or in an arbitration. You are given a lien upon all the rights, titles and interests of the parties and all escrow papers and other property and monies deposited into this escrow to protect your rights and to indemnify and reimburse you. You may deduct from my net proceeds any amount I may owe you in any other matter. If the parties do not pay any fees, costs or expenses due you under the escrow instructions or do not pay for costs and attorneys' fees incurred in any litigation, administrative action and/or arbitration, on demand, they each agree to pay a reasonable fee for any attorney services which may be required to collect such fees or expenses, whether attorneys' fees are incurred before trial, at trial, on appeal or in arbitration. 22. All notices, demands and instructions must be in writing. No notice, demand, instruction, amendment, supplement or modification of these escrow instructions shall be of any effect in this escrow until delivered in writing to you and mutually executed by all parties. All escrow instructions may be executed in counterparts, each of which shall be deemed an original regardless of the data of its execution and delivery. All such counterparts together shall constitute the same document. The parties acknowledge and understand that you, as escrow holder, are not authorized to practice the law nor do you give financial advice. The parties are advised to seek legal and financial counsel and advice concerning the effect of these escrow instructions. The parties acknowledge that no representations are made by you about the legal sufficiency, legal consequences, financial effects or tax consequences of the escrow instructions. 23. Notwithstanding any other provisions in these escrow instructions and in addition to other fees and costs to which you may be entitled, the parties, jointly and severally, agree that if this escrow is not consummated within ninety (90) days of the date set for closing, you are instructed to, and without further instructions, withhold your escrow hold open fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties, jointly and severally, further agree that if you are, for any reason, required to hold funds after close of escrow, you are instructed to, and without further instructions, withhold an escrow fee of $50.00 per month from the funds on deposit with you regardless of who deposited such funds. The parties irrevocably instruct you to automatically cancel this file without further instructions when all funds on deposit have been disbursed. 24. if the conditions of this escrow have not been complied with prior to the expiration of time provided for herein, or any extension thereof, you are nevertheless to complete the escrow as soon as the conditions, except as to time, have been complied with, unless written demand shall have been made upon you not to complete it. Your escrow -holder agency shall terminate six (6) months following the date last set for close of escrow and shall be subject to earlier termination by receipt by you of mutually executed cancellation instructions. If this escrow has not closed or cancelled within the prescribed six-month period, you shall have no further obligations as escrow holder except to disburse funds and documents pursuant to written escrow instructions or to interplead or otherwise dispose of funds and documents in accordance with a validly issued and validly served order from a court of competent jurisdiction. The parties, jointly and severally, agree that if this escrow cancels or is otherwise terminated and not closed, the parties shall pay for any costs and expenses which you have incurred or have become obligated for under these escrow instructions, including, but not limited to, attorneys' fees, arbitration fees acid costs and reasonable escrow fees for die services rendered by you; the parties agree that such costs and expenses shall be paid and deposited in escrow before any cancellation or other termination of this escrow is effective. The parties agree that said charges for expenses, costs and fees may be apportioned between Buyer and Seller in a manner which, in your sole discretion, you consider equitable, and that your decision will be binding and conclusive upon the parties. Upon receipt of mutual cancellation instructions or a final order or judgment of a court of competent jurisdiction with accompanying writs of execution, levies or garnishments, you are instructed to disburse the escrow funds and instruments in accordance with such cancellation instruction, order or judgement and accompanying writ and this escrow shall, without further notice, be considered terminated and cancelled. 25. If any check submitted to you is dishonored upon presentment for payment, you are authorized to notify all parties to the within escrow, their respective real estate brokers/agents and any other person or entity you deem, in your sole discretion, necessary to notify. 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 5 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18173-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 land 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 loan funds to escrow holder, nor with the payoff of any existing loans 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: (1) 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 BY 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. ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF My initials below represent my agreement and acknowledgment of the foregoing. Seller Initials: _ _ Buyer Initials: Rage 6 Guardian Escrow, Inc. Date: July 10, 2001 Escrow No.: 18173-JB Buyer's Signature: CITY OF REDLANDS By: PAT GILBREATH, Mayor ATTEST: d� it Jerk, Cit dlands 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: DANIEL R. FLANIGAN, Trustee of the ELAINE M. FLANIGAN, Trustee of the Flanigan Family Trust, dated Flanigan Family Trust, dated February 8, 1999 February 8, 1999 Address: 649 Valley Vista Drive, Redlands, CA 92373 - - END OF INSTRUCTIONS - - Page 7 Escrow No. 18173-JB (Page 1 of 2 Pages) Exhibit "A" A PORTION OF THAT CERTAIN PARCEL OF LAND CONVEYED TO JOHN S. HART, A WIDOWER, BY DEED RECORDED JUNE 24, 1993, AS INSTRUMENT NO. 93-270420, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. SAID. PORTION BEING THE EAST 10 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AND PORTION OF LOTS 30 AND 31, BLOCK .77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL NO. 1: THAT PORTION OF LOT 7, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE(S) 88, RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE SOUTHERLY LINE OF SAID• LOT, NORTH 89 DEG. 50' 57" EAST, 26.24 FEET TO THE NORTHWESTERLY TERMINUS OF THAT CERTAIN 1000-FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, DESCRIBED IN PARCEL "A" OF DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 11, 1960 IN BOOK 5133, PAGE 483, OFFICIAL RECORDS, IN SAID RECORDER'S OFFICE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY CONTINUATION OF SAID CURVE, FROM A TANGENT BEARING NORTH 62 DEG. 08' 51" WEST, THROUGH AN ANGLE OF I DEG. 41' 20", AN ARC DISTANCE OF 29.48 FEET TO THE WESTERLY LINE OF SAID LOT; THENCE ALONG SAID WESTERLY LINE, SOUTH 0 DEG. 04' 24" EAST, 13.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, OILS, GASES AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, WITHOUT, HOWEVER, THE RIGHT TO DRILL, DIG OR MINE THROUGH THE SURFACE THEREOF. ALSO EXCEPTING AND RESERVING UNTO THE STATE OF CALIFORNIA ANY AND ALL RIGHTS OF INGRESS TO OR EGRESS FROM THE LAND HEREIN CONVEYED OVER AND ACROSS THE NORTHEASTERLY LINE THEREOF. PARCEL NO. 2: THAT PORTION OF LOTS 30 AND 31, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 7 OF',MAPS, PAGE(S) 2, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 3, TRACT NO. 3282, CABALLERO AND FREIRE SUBDIVISION, AS PER PLAT RECORDED IN BOOK 43 OF MAPS, PAGE 88, RECORDS OF SAID COUNTY, SAID LINE BEING ALSO THE WESTERLY LINE OF CHURCH STREET, AS SHOWN ON THE MAP OF SAID TRACT NO. 3282, DISTANT SOUTH 0 DEG. 08' 31 " EAST, 187.51 FEET ALONG SAID LINE FROM THE NORTHEASTERLY mum WE n.: (* 0 EXHIBIT "A" (Continued) Page 2 of 2 Pages CORNER OF SAID LOT 3; THENCE SOUTH 89 DEG. 5 V 29" WEST, 70.61 FEET; THENCE NORTH 55 DEG. 21' 24" WEST, 160.85 FEET; THENCE ALONG A TANGENT CURVE CONCAVE SOUTHWESTERLY WITH A RADIUS OF 1,000 FEET, THROUGH AN ANGLE OF 6 DEG. 47' 27', A DISTANCE OF 118.52 FEET TO THE SOUTH LINE OF LOT 7 OF SAID TRACT NO. 3282; THENCE WEST ALONG SAID SOUTH LINE OF LOT 7, A DISTANCE OF 26.50 FEET, MORE -OR LESS, TO THE EAST LINE OF SHOREY'S SUBDIVISION, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY; THENCE SOUTH ALONG SAID EAST LINE 386.44 FEET, MORE OR LESS, TO THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, NOW THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE EAST ALONG SAID LINE, 231 FEET; THENCE NORTH 55 FEET AT RIGHT ANGLES THERETO; THENCE EAST 100 FEET, PARALLEL WITH SAID NORTH LINE TO THE WEST LINE OF CHURCH STREET; THENCE NORTH ALONG SAID WEST LINE OF CHURCH STREET, 178.31 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF LOTS 30 AND 31, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE WEST LINE OF CHURCH STREET, AS SHOWN BY SAID MAP OF TRACT NO. 3282, DISTANT ALONG SAID WEST LINE, SOUTH 0 DEG. 08' 31" EAST, 204.99 FEET FROM THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 44 DEG. 51' 13" WEST, 28.29 FEET; THENCE SOUTH 89 DEG. 50' 57" WEST, 310.30 FEET TO THE EAST LINE OF SHOREY'S SUBDIVISION AS SHOWN BY MAP ON FILE IN BOOK 13 OF MAPS, PAGE 26, RECORDS OF SAID COUNTY. NOTE: THE ABOVE LEGAL DESCRIPTION IS MADE FOR PRO FORMA PURPOSES ONLY, AND SHALL NOT BE USED TO CONVEY NOR ENCUMBER SAID LAND UNLESS OR UNTIL SAID LEGAL DESCRIPTION IS APPROVED PURSUANT TO THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. �iT1Al, cnlliM.