HomeMy WebLinkAboutMOD-0806-2021 Title Report4
• � E Homeowner's Policy of Title Insurance
F'w�4 ;7irst American Ttle For a One -To -Four Family Residence
ISSUED BY
W
First American Title Insurance Company
Eagle Policy POLICY NUMBER
OWNER'S INFORMATION SHEET
Your Title Insurance Policy is a legal contract between You and Us.
It applies only to a one -to -four family residence and only if each insured named in Schedule A is a Natural Person. If
the Land described in Schedule A of the Policy is not an improved residential lot on which there is located a one -to -four
family residence, or if each insured named in Schedule A is not a Natural Person, contact Us immediately.
The Policy insures You against actual loss resulting from certain Covered Risks. These Covered Risks are listed
beginning on page 2 of the Policy. The Policy is limited by:
• Provisions of Schedule A
• Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions On Page 3
• Exclusions on page 4
• Conditions on pages 4, S and 6.
You should keep the Policy even if You transfer Your Title to the Land. It may protect against claims made against You
by someone else after You transfer Your Title.
IF YOU WANT TO MAKE A CLAIM, SEE SECTION 3 UNDER CONDITIONS ON PAGE 4.
The premium for this Policy is paid once. No additional premium is owed for the Policy.
This sheet is not Your insurance Policy. It is only a brief outline of some of the important Policy features. The Policy
explains in detail Your rights and obligations and Our rights and obligations. Since the Policy — and not this sheet — is
the legal document,
YOU SHOULD READ THE POLICY VERY CAREFULLY.
If You have any questions about Your Policy, contact:
First American Title Insurance Company
1 First American Way
Santa Ana, California 92707
Homeowner's Policy of Title Insurance for a One -to -Four Family Residence
TABLE
OF CONTENTS
Page
page
OWNER'S COVERAGE STATEMENT
2
CONDITIONS
COVERED RISKS
2 & 3
1.
Definitions
4
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
3
2.
Continuation of Coverage
4
SCHEDULE A
Insert
3.
How to Make a Claim
4 & 5
Policy Number, Date and Amount
4.
Our Choices When We Learn of a Claim
5
Deductible Amounts and Maximum Dollar Limits of Liability
5.
Handling a Claim or Legal Action
5
Street Address of the Land
6.
Limitation of Our Liability
5 & 6
1. Name of Insured
7.
Transfer of Your Rights to Us
6
2. Interest in Land Covered
8.
This Policy is the Entire Contract
6
3. Description of the Land
Insert
9.
Increased Policy Amount
6
SCHEDULE B - EXCEPTIONS
4
10.
Severability
6
EXCLUSIONS
11.
Arbitration
6
12.
Choice of Law
6
5026100 (7-1-14) 1Page 1 of 9 1 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2
♦ M c +
First American 71de
Eagle Policy
Homeowner's Policy of Title Insurance
For a One -To -Four Family Residence
ISSUED BY
First American Title Insurance Company
POLICY NUMBER
As soon as You Know of anything that might be covered by this Policy, You must notify Us promptly in
writing at the address shown in Section 3 of the Conditions.
OWNER'S COVERAGE STATEMENT
This Policy insures You against actual loss, including any costs, attorneys' tees and expenses provided under this Pollcy. The loss must
result from one or more of the Covered Risks set forth below. This Policy covers only Land that is an improved residential lot on which there
is located a one -to -four family residence and only when each insured named in Schedule A is a Natural Person.
Your insurance is effective on the Policy Date. This Policy covers Your actual loss from any risk described under Covered Risks if the event
creatiny the risk exists on the Policy Date or, to the extent expressly stated in Covered Risks, after the Policy Date.
Your insurance is limited by all of the following:
• The Policy Amount
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A
• The Exceptions in Schedule B
• Our Duty To Defend Against Legal Actions
The Exclusions on page 4
• The Conditions on pages 4, 5 and 6
COVERED RISKS
The Covered Risks are:
1. Someone else owns an interest in Your Title.
2. Someone else has rights affecting Your Title because of leases, contracts, or options.
3. Someone else claims to have rights affecting Your Title because of forgery or impersonation.
4. Someone else has an Easement on the Land.
5. Someone else has a right to limit Your use of the Land.
6. Your Title is defective. Some of these defects are:
a. Someone else's failure to have authorized a transfer or conveyance of your Title.
b. Someone else's failure to create a valid document by electronic means.
c, A document upon which Your Title is based is invalid because it was not properly signed, sealed, acknowledged, delivered or
recorded.
d. A document upon which Your Title is based was signed using a falsified, expired, or otherwise invalid power of attorney.
e. A document upon which Your Title is based was not properly filed, recorded, or indexed in the Public Records.
t. A defective judicial or adrninislydlive piuceeding.
7. Any of Covered (disks 1 through 6 occurring after the Policy Date.
8. Someone else has a lien on Your Title, including a:
a. lien of real estate taxes or assessments imposed on Your Title by a governmental authority that are due or payable, but unpaid;
b. Mortgage;
c. judgment, state or federal tax lien;
d. charge by a homeowner's or condominium association; or
e. lien, occurring before or after the Policy Date, for labor and material furnished before the Policy Date.
9. Someone else has an encumbrance on Your Title.
10. Someone else claims to have rights affecting Your Title because of fraud, duress, incompetency or incapacity.
11. You do not have actual vehicular and pedestrian access to and from the Land, based upon a legal right.
12. You are forced to correct or remove an existing violation of any covenant, condition or restriction affecting the Land, even if the
covenant, condition or restriction is excepted in Schedule B. However, You are not covered for any violation that relates to:
a. any obligation to perform maintenance or repair on the Land; or
b. environmental protection of any kind, including hazardous or toxic conditions or substances
unless there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists. Our liability for this
Covered Risk is limited to the extent of the violation stated in that notice.
13. Your Title is lost or taken because of a violation of any covenant, condition or restriction, which occurred before You acquired Your
Title, even if the covenant, condition or restriction is excepted in Schedule B.
5026100 (7-1-14) JPage 2 of 9 1 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-1
COVERED RISKS (Continued)
14. The violation or enforcement of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; or
f. environmental protection,
if there is a notice recorded in the Public Records, describing any part of the Land, claiming a violation exists or declaring the intention
to enforce the law or regulation. Our liability for this Covered Risk is limited to the extent of the violation or enforcement stated in that
notice.
15. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 14 if there is a notice
recorded in the Public Records, describing any part of the Land, of the enforcement action or intention to bring an enforcement action.
Our liability for this Covered Risk is limited to the extent of the enforcement action stated in that notice.
16. Because of an existing violation of a subdivision law or regulation affecting the Land:
a. You are unable to obtain a building permit;
b. You are required to correct or remove the violation; or
c. someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan
on it.
The amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability
shown in Schedule A.
17. You lose Your Title to any part of the Land because of the right to take the Land by condemning it, if:
a. there is a notice of the exercise of the right recorded in the Public Records and the notice describes any part of the Land; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
18. You are forced to remove or remedy Your existing structures, or any part of them - other than boundary walls or fences - because any
portion was built without obtaining a building permit from the proper government office. The amount of Your insurance for this
Covered Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
19. You are forced to remove or remedy Your existing structures, or any part of there, because they violate an existing zoning law or
zoning regulation. If You are required to remedy any portion of Your existing structures, the amount of Your insurance for this Covered
Risk is subject to Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
20. You cannot use the Land because use as a single-family residence violates an existing zoning law or zoning regulation.
21. You are forced to remove Your existing structures because they encroach onto Your neighbor's land. If the encroaching structures are
boundary walls or fences, the amount of Your insurance for this Covered Risk is subject to Your Deductible Amount and Our Maximum
Dollar Limit of Liability shown in Schedule A.
22. Someone else has a legal right to, and does, refuse to perform a contract to purchase the Land, lease it or make a Mortgage loan on it
because Your neighbor's existing structures encroach onto the Land.
23. You are forced to remove Your existing structures which encroach onto an Easement or over a building set -back line, even if the
Easement or building set -back line is excepted in Schedule B.
24. Your existing structures are damaged because of the exercise of a right to maintain or use any Easement affecting the Land, even if the
Easement is excepted in Schedule B.
25. Your existing improvements (or a replacement or modification made to them after the Policy Date), including lawns, shrubbery or trees,
are damaged because of the future exercise of a right to use the surface of the Land for the extraction or development of minerals,
water or any other substance, even if those rights are excepted or reserved from the description of the Land or excepted in Schedule B.
26. Someone else tries to enforce a discriminatory covenant, condition or restriction that they claim affects Your Title which is based upon
race, color, religion, sex, handicap, familial status, or national origin.
27. A taxing authority assesses supplemental real estate taxes not previously assessed against the Land for any period before the Policy
Date because of construction or a change of ownership or use that occurred before the Policy Date.
28. Your neighbor builds any structures after the Policy Date -- other than boundary walls or fences -- which encroach onto the Land.
29. Your Title is unmarketable, which allows someone else to refuse to perform a contract to purchase the Land, lease it or make a
Mortgage loan on it.
30. Someone else owns an interest in Your Title because a court order invalidates a prior transfer of the title under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
31. The residence with the address shown in Schedule A is not located on the Land at the Policy Date.
32. The map, if any, attached to this Policy does not show the correct location of the Land according to the Public Records.
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS
We will defend Your Title in any legal action only as to that part of the action which is based on a Covered Risk and which is not excepted or
excluded from coverage in this Policy. We will pay the costs, attorneys' fees, and expenses We incur in that defense.
We will not pay for any part of the legal action which is not based on a Covered Risk or which is excepted or excluded from coverage in this
Policy.
We can end Our duty to defend Your Title under section 4 of the Conditions.
This policy is not complete without schedules A and B.
5026100 (7-1-14) IPage 3 of 9 1 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-
EXCLUSIONS
In
1.
addition to the Exceptions in Schedule B, You are not insured against lost,, costs, attorneys' fees, and expenses resulting from:
Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14,
The failure of Your Pxisting structures, or any part of them, to be constructed
Exclusion does not limit the coverage described in Covered Risk 14 or 15.
The right to take the Land by condemning it. This Exclusion does not limit the
Risks•
15, 16, 18, 1.9, 20, 23 or 27.
in accordance with applicable building codes. This
coverage described in Covered Risk 17.
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
Failure to pay value for Your Title.
Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. In streets, alleys, ut waLeiways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,
state insolvency, or similar creditors' rights laws.
Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
CONDITIONS
DEFINITIONS
a. Easement - the right of someone else to use the Land
for a special purpose.
b. Estate Planning f_ntity — a legal entity or Trust
established by a Natural Person for estate planning.
c. Known - things about which You have actual
knowledge. The words "Know" and "Knowing" have
the same meaning as Known.
d. Land - the land or condominium unit described in
paragraph 3 of Schedule A and any improvements on
the Land which are real property.
e. Mortgage - a mortgage, deed of trust, trust deed or
other security instrument.
f. Natural Person - a human being, not a commercial or
legal organization or entity. Natural Person includes a
trustee of a Trust even if the trustee is not a human
being
g. Policy Date - the date and time shown in Schedule A.
If the insured named in Schedule A first acquires the
interest shown in Schedule A by an instrument
recorded in the Public Records later than the date and
Little shown in Schedule A, the Policy Date is the date
and time the instrument is recorded.
h. Public Records - records that give constructive notice
of matters affecting Your Title, according to the state
statutes where the Land is located.
i. Title - the ownership of Your interest in the Land, as
shown in Schedule A.
j. Trust - a living trust established by a Natural Person
for estate planning.
k. We/Our/Us - First American Title Insurance Company.
1. You Your - the insured named in Schedule A and also
those identified in Section 2.b. of these Conditions.
2. CONTINUATION OF COVERAGE
a. This Policy insures You forever, even after You no
longer have Your Title. You cannot assign this Policy
to anyone else.
b. This Policy also insures:
(1) anyone who inherits Your Title because of Your
death;
(2) Your spouse who receives Your Title because of
dissolution of Your marriage;
(3) the trustee or successor trustee of Your Trust or
any Estate Planning Entity created for You to whom
or to which You transfer Your Title after the Policy
Date;
(4) the beneficiaries of Your Trust upon Your death; or
(5) anyone who receives Your Title by a transfer
effective on Your death as authorized by law.
c. We may assert against the insureds identified in Section
2.b. any rights and defenses that We have against any
previous insured under this Policy.
3. HOW TO MAKE A CLAIM
a. Prompt Notice Of Your Claim
(1) As soon as You Know of anything that might be
covered by this Policy, You must notify Us promptly
in writing.
(2) Send Your notice to First American Title
Insurance Company, Attn: Claims National
Intake Center, 1 First American Way, Santa
Ana, California 92707. Phone: 888-632-
1642. Please include the Policy number shown in
Schedule A, and the county and state where the
Land is located. Please enclose a copy of Your
policy, if available.
(3) If You do not give US prompt notice, Your coverage
will be reduced or ended, but only to the extent
Your failure affects Our ability to resolve the claim
or defend You.
b. Proof Of Your Loss
(1) We may require You to give Us a written statement
signed by You describing Your loss which includes:
(a) the basis of Your claim;
(b) the Covered Risks which resulted in Your loss;
(c) the dollar amount of Your loss; and
(d) the method You used to compute the amount
of Your loss.
5026100 (7-1-14) IPage 4 of 9 1ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-
CONDITIONS (Continued)
S.
(2) We may require You to make available to Us
records, checks, letters, contracts, insurance
policies and other papers which relate to Your
claim. We may make copies of these papers.
(3) We may require You to answer que°;lions about
Your claim under oath.
(4) If you fail or refuse to give Us a statement of
loss, answer Our questions under oath, or make
available to Us the papers We request, Your
coverage will be reduced or ended, but only to
the extent Your failure or refusal affects Our
ability to resolve the claim or defend You.
OUR CHOICES WHEN WE LEARN OF A CLAIM
a. After We receive Your notice, or otherwise learn, of a
claim that is covered by this Policy, Our choices
include one or more of the following:
(1) Pay the claim;
(2) Negotiate a settlement;
(3) Bring or defend a legal action related to the
claim;
(4) Pay You the amount required by this Policy;
(5) End the coverage of this Policy for the claim by
paying You Your actual loss resulting from the
Covered Risk, and those costs, attorneys' fees
and expenses incurred up to that time which We
are obligated to pay;
(6) End the coverage described in Covered Risk 16,
18, 19 or 21 by paying You the amount of Your
insurance then in force for the particular Covered
Risk, and those costs, attorneys' fees and
expenses incurred up to that time which We are
obligated to pay;
(7) End all coverage of this Policy by paying You the
Policy Amount then in force, and those costs,
attorneys' fees and expenses incurred up to that
time which We are obligated to pay;
(8) Take other appropriate action.
b. When We choose the options in Sections 4.a. (5), (6)
or (7), all Our obligations for the claim end, including
Our obligation to defend, or continue to defend, any
legal action.
c. Even if We do not think that the Policy covers the
claim, We may choose one or more of the options
above. By doing so, We do not give up any rights.
HANDLING A CLAIM OR LEGAL ACTION
a. You must cooperate with Us in handling any claim or
legal action and give Us all relevant information.
b. If You fail or refuse to cooperate with Us, Your
coverage will be reduced or ended, but only to the
extent Your failure or refusal affects Our ability to
resolve the claim or defend You.
c. We are required to repay You only for those
settlement costs, attorneys' fees and expenses that
We approve in advance.
d. We have the right to choose the attorney when We
bring or defend a legal action on Your behalf. We can
appeal any decision to the highest level. We do not
have to pay Your claim until the legal action is finally
decided.
e. Whether or not We agree there is coverage, We can
bring or defend a legal action, or take other
appropriate action under this Policy. By doing so, We
do not give up any rights.
6. LIMITATION OF OUR LIABILITY
a. After subtracting Your Deductible Amount if it applies,
We will pay no more than the least of:
(1) Your actual loss;
(2) Our Maximum Dollar Limit of Liability then in force
for the particular Covered Risk, for claims covered
only under Covered Risk 16, 18, 19 or 21; or
(3) the Policy Amount then in force.
and any costs, attorneys' fees and expenses that We are
obligated to pay under this Policy.
b. If We pursue Our rights under Sections 4.a.(3) and 5.e.
of these Conditions and are unsuccessful in establishing
the Title, as insured:
(1) the Policy Amount then in force will be increased by
10% of the Policy Amount shown in Schedule A,
and
(2) You shall have the right to have the actual loss
determined on either the date the claim was made
by You or the date it is settled and paid.
c. (1) If We remove the cause of the claim with
reasonable diligence after receiving notice of it, all
Our obligations for the claim end, including any
obligation for loss You had while We were
removing the cause of the claim.
(2) Regardless of 6.c.(1) above, if You cannot use the
Land because of a claim covered by this Policy:
(a) You may rent a reasonably equivalent
substitute residence and We will repay You for
the actual rent You pay, until the earlier of:
(i) the cause of the claim is removed; or
(ii) We pay You the amount required by this
Policy. If Your claim is covered only
under Covered Risk 16, 18, 19 or 21, that
payment is the amount of Your insurance
then in force for the particular Covered
Risk.
(b) We will pay reasonable costs You pay to
relocate any personal property You have the
right to remove from the Land, including
transportation of that personal property for up
to twenty-five (25) miles from the Land, and
repair of any damage to that personal property
because of the relocation. The amount We will
pay You under this paragraph is limited to the
value of the personal property before You
relocate it.
d. All payments We make under this Policy reduce the
Policy Amount then in force, except for costs, attorneys'
fees and expenses. All payments We make for claims
which are covered only under Covered Risk 16, 18, 19 or
21 also reduce Our Maximum Dollar Limit of Liability for
the particular Covered Risk, except for costs, attorneys'
fees and expenses.
e. If We issue, or have issued, a Policy to the owner of a
Mortgage that is on Your Title and We have not given
You any coverage against the Mortgage, then:
(1) We have the right to pay any amount due You
under this Policy to the owner of the Mortgage, and
any amount paid shall be treated as a payment to
You under this Policy, including under Section 4.a.
of these Conditions;
(2) Any amount paid to the owner of the Mortgage
shall be subtracted from the Policy Amount then in
force; and
5026100 (7-1-14) 113age 5 of 9
ALTA Homeowner's Policy of Title Insurance (Rev.
CONDITIONS (Continued)
(3) If Your claim is covered only under Covered Risk
8. THIS POLICY IS THE ENTIRE CONTRACT
16, 18, 19 or 21, any amount paid to the owner
This Policy, with any endorsements, is the entire contract
of the Mortgage shall also be subtracted from Our
between You and Us. To determine the meaning of any part
Maximum Dollar Limit of Liability for the particular
of this Policy, You must read the entire Policy and any
Covered Risk.
endorsements. Any changes to this Policy must be agreed to
f. If You do anything to affect any right of recovery You
in writing by Us. Any claim You make aqainst Us must be
may have against someone else, We can subtract from
made under this Policy and is subject to its terms.
Our liability the amount by which You reduced the
9. INCREASED POLICY AMOUNT
value of that right.
The Policy Amount then in force will increase by ten percent
7. TRANSFER OF YOUR RIGHTS TO US
(10%) of the Policy Amount shown in Schedule A each year
a. When We settle Your claim, We have all the rights and
for the first five yearn following the Policy Date shown in
remedies You have against any person or property
Schedule A, up to one hundred fifty percent (150%) of the
related to the claim. You must not do anything to
Policy AITIOWL shown in Schedule A. The increase each year
affect these rights and remedies. When We ask, You
will happen on the anniversary of the Pulicy Date shown in
must execute documents to evidence the transfer to
Schedule A.
Us of these rights and remedies. You must let Us use
10. SEVERABILITY
If any part of thls Policy is held to be leyally unenforceable,
Your name in enforcing these rights and remedies.
both You and We ran still enforce the rest of this Policy.
b. We will not be liable to You if We do not pursue these
11. ARBITRATION
rights and remedies or if We do not recover any
a. If permitted in the state where the Land is located, You
amount that might be recoverable.
or We may demand arbitration.
c. We will pay any money We collect from enforcing
b. The law used in the arbitration is the law of the state
these rights and remedies in the following order:
where the Land is located.
(1) to Us for the costs, attorneys' fees and expenses
c. The arbitration shall be under the Title Insurance
We paid to enforce these rights and remedies;
Arbitration Rules of the American Land Title Association
("Rules'). You can get a copy of the Rules from Us.
(2) to You for Your loss that You have not already
d. Except as provided in the Rules, You cannot join or
collected;
consolidate Your claim or controversy with claims or
(3) to Us for any money We paid out under this Policy
controversies of other persons.
on account of Your claim; and
e. The arbitration shall be binding on both You and Us.
(4) to You whatever is left.
The arbitration shall decide any matter in dispute
d. If You have rights and remedies under contracts (such
as indemnities, guaranties, bonds or other policies of
between You and Us.
f. The arbitration award may be entered as a judgment in
insurance) to recover all or part of Your loss, then We
the proper court.
12. CHOICE OF LAW
have all of those rights and remedies, even if those
The law of the state where the Land is located shall apply to
contracts provide that those obligated have all of Your
this policy.
rights and remedies under this Policy.
In Witness Whereof, First American Title Insurance Company
has caused its corporate name to be hereunto affixed by its
authorized officers as of Date of Policy shown in Schedule A.
First American 77tie Insurance Company
DwwJs J. Gbwe, Pnaldml Gn9 L Swah, Swmtwy
(This Policy is valid only when Schedules A and B are attached) This jacket was created electronically and constitutes an original document
Copyright 2006-2013 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
5026100 (7-1-14) JPage 6 of 9 1ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-
a` r
Homeowner's Policy of Title Insurance
AIML mew
!w First American IT de For aOne-To-Four Family Residence
7;;WISSUED BY
First American Title Insurance Company
Eagle Schedule A POLICY NUMBER
SCHEDULE A
Name and Address of Title Insurance Company:
FIRST AMERICAN TITLE INSURANCE COMPANY, 1 First American Way, Santa
Ana, California 92707
File No.: Premium: $5,984.00
Policy Amount: $5,500,000.00 Policy Date (and Time): September 17, 2021 at 11:03
A.M.
Deductible Amounts and Maximum Dollar Limits of Liability for Covered Risk 16, 18, 19 and 21:
Your Deductible Amount
Our Maximum Dollar Limit of Liability
Covered Risk 16: 1% of Policy Amount Shown in Schedule A
$10,000
or
$2,500
(whichever is less)
Covered Risk 18: 1% of Policy Amount Shown in Schedule A
$25,000
or
$5,000
(whichever is less)
Covered Risk 19: 1% of Policy Amount Shown in Schedule A
$25,000
or
$5,000
(whichever is less)
Covered Risk 21: 1% of Policy Amount Shown in Schedule A
$5,000
or
$2,500
(whichever is less)
Street Address of the Land: 468 & 500 Westmont Drive, San Luis Obispo, CA 93405
1. Name of Insured:
John Rourke
2. Your interest in the Land covered by this Policy is:
FEE
3. The Land referred to in this Policy is described as:
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described
as follows:
PARCEL 1:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 IN
5026100 (7-1-14) 1Page 7 of 9 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-
TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF
SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 14 IN BLOCK B OF TRACT NO. 96, ACCORDING
TO THE MAP THEREOF RECORDED DECEMBER 21, 1956 IN BOOK 5, PAGE 104 OF MAPS; THENCE
SOUTH 650 10' EAST ALONG THE NORTHERLY LINE OF LOT 14 IN BLOCK B OF SAID TRACT NO. 96,
80 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO NEBRASKA
LANDS, INC., A CORPORATION, RECORDED SEPTEMBER 25, 1957 IN BOOK 909, PAGE 204 OF
OFFICIAL RECORDS; THENCE NORTH 191 50' EAST ALONG THE WESTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED 109.64 FEET; THENCE CONTINUING ALONG SAID WEST ERLY LINE
NORTH 00 53' EAST, 10.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 891 45'
30" EAST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN THE DEED
AFOREMENTIONED, 400 FEET TO THE NORTHEAST CORNER THEREOF; THENCE CONTINUING
SOUTH 890 45' 30" EAST ALONG THE EASTERLY PROLONGATION OF SAID NORTH LINE, 100 FEET;
THENCE NORTH 00 14' 30" EAST, 160 FEET; THENCE SOUTH 891 45' 30" EAST, 22.91 FEET;
THENCE NORTH 00 14' 30" EAST, 105.69 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTHWEST QUARTER OF SECTION 22 IN TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO
BASE AND MERIDIAN; THENCE ALONG SAID NORTHERLY LINE NORTH 891 45' 30" WEST, 635 FEET
TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 01 10' EAST ALONG THE WEST LINE OF
SAID SECTION, 345.71 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22 IN
TOWNSHIP 30 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF
SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 14 IN BLOCK B OF TRACT NO. 96, ACCORDING
TO THE MAP THEREOF RECORDED DECEMBER 21, 1956 IN BOOK 5, PAGE 104 OF MAPS; THENCE
SOUTH 650 10' EAST ALONG THE NORTHERLY LINE OF LOT 14 IN BLOCK B OF SAID TRACT NO. 96,
80 FEET TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO NEBRASKA
LANDS, INC., A CORPORATION, RECORDED SEPTEMBER. 25, 1957 IN BOOK 909, PAGE 204 OF
OFFICIAL RECORDS; THENCE NORTH 190 50' EAST ALONG THE WESTERLY LINE OF THE LAND
DESCRIBED IN SAID DEED 109.64 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE
NORTH 00 53' EAST, 10.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH 891 45'
30" EAST ALONG THE NORTHERLY LINE OF SAID LAND DESCRIBED IN THE DEED
AFOREMENTIONED, 400 FEET TO THE NORTHEAST CORNER THEREOF; THENCE CONTINUING
SOUTH 890 45' 30" EAST ALONG THE EASTERLY PROLONGATION OF SAID NORTH LINE, 100 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 14' 30" EAST, 160 FEET; THENCE SOUTH
890 45' 30" EAST, 22.91 FEET; THENCE NORTH 00 14' 30" EAST, 105.69 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 22 IN TOWNSHIP 30 SOUTH, RANGE 12
EAST, MOUNT DIABLO BASE AND MERIDIAN; THENCE SOUTH 890 45' 30" EAST ALONG SAID LINE,
195.00 FEET, THENCE SOUTH 00 14' 30" WEST, 105.69 FEET; THENCE SOUTH 441 13' 30" WEST,
83.39 FEET; THENCE SOUTH 00 14' 30" WEST, 60.00 FEET; THENCE NORTH 890 45' 30" WEST,
100.00 FEET; THENCE SOUTH 560 33' WEST, 72.11 FEET TO THE TRUE POINT OF BEGINNING.
APN:052-496-001
5026100 (7-1-14) f' r.r• 8 of 9 1 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-
N F , Homeowner's Policy of Title Insurance
First American 11"tle For a One -To -Four Family Residence
ISSUED BY
First American Title Insurance Company
Eagle Schedule V POLICY NUMBER
File No.:
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
General and special taxes and assessments for the fiscal year 2021-2022, a lien not yet due or
payable.
The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75
of the California Revenue and Taxation Code.
3. An easement for POLES AND WIRES and incidental purposes, recorded December 27, 1910 in Book
87 of Deeds, Page 291.
In Favor of: PACIFIC TELEPHONE AND TELEGRAPH
COMPANY
Affects: A PORTION OF SAID LAND
The location of the easement cannot be determined from record information.
Note: The Company will require satisfactory proof of full payment of the debt secured by said
mortgage or deed of trust prior to removing this exception or insuring the contemplated transaction.
4. Rights of parties in possession.
5. Rights of the public in and to that portion of the Land lying within any Road, Street, Alley or Highway.
6. Water rights, claims or title to water, whether or not shown by the public records.
A deed of trust to secure an indebtedness in the original principal amount of
$5,000,000.00 recorded September 17, 2021 as Document No.2021063752 of Official Records.
Dated: August 31, 2021
Trustor: John Rourke, a married man
Trustee: First American Title Insurance Company, a Nebraska Corporation
Beneficiary: Strobel Limited Partnership
5026100 (7-1-14) IPage 9 of 9 1 ALTA Homeowner's Policy of Title Insurance (Rev. 12-2-