HomeMy WebLinkAboutPA2021-269_20211108_Title Report Order Number: 229053 (RR)
Page Number: 1
Western Resources Title Company
625 The City Drive South, Suite #150, Orange, CA 92868
(714) 748-7000
Tracy Amescua
Focus Escrow
13602 Whittier Blvd.
Whittier, CA 90605
Customer Reference: 149, 177 & 191 Riverside Avenue
Order Number: 229053 (RR)
Title Officer: Roberta Radecki
Phone: (714) 481-4955
Fax No.: (714) 689-4310
E-Mail:TeamRoberta@wrtca.com
Property: 149, 177 & 191 Riverside Avenue
Newport Beach, CA 92659
PRELIMINARY REPORT
North American Title Insurance Company
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 attached. 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.
WESTERN RESOURCES I,~
TITLE ■
PA2021-269
Order Number: 229053 (RR)
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Western Resources Title Company
Dated as of October 25, 2021 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Extended Loan Policy 2006
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
MARINER'S CENTER M2, LLC, A DELAWARE LIMITED LIABILITY COMPANY
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE AS TO PARCEL 1; EASEMENT AS TO PARCEL 2
The Land referred to herein is described as follows:
(See attached Legal Description)
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 and assessments for the fiscal year 2021-2022.
First Installment: $34,272.54, PAYABLE; DELINQUENT AFTER 12-10-2021
Penalty: $3,427.25
Second Installment: $34,272.54, PAYABLE; DELINQUENT AFTER 4-11-2021
Penalty: $3,450.25
Tax Rate Area: 07-001
A. P. No.: 049-110-17
2. General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $17,384.73, PAYABLE; DELINQUENT AFTER 12-10-2021
Penalty: $1,738.47
Second Installment: $17,384.73, PAYABLE; DELINQUENT AFTER 4-11-2021
Penalty: $1,761.47
Tax Rate Area: 07-001
A. P. No.: 049-110-27
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Western Resources Title Company
3. General and special taxes and assessments for the fiscal year 2021-2022.
First Installment: $31.880.69, PAYABLE; DELINQUENT AFTER 12-10-2021
Penalty: $3,188.06
Second Installment: $31.880.69, PAYABLE; DELINQUENT AFTER 4-11-2021
Penalty: $3,211.06
Tax Rate Area: 07-001
A. P. No.: 049-110-30
4. The terms and provisions contained in the document entitled "Notice of Assessment"
recorded January 24, 2008 as Instrument No. 35120 of Official Records.
5. The lien of supplemental taxes, if any, as a result of new construction or transfer of title after the
date of the policy, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California
Revenue and Taxation Code.
6. The lien of an assessment or assessments made under the 1915 Bond Act, which assessment(s) are
collected with the ad valorem real property taxes.
7. The lien of bonds and assessment liens, if applicable, collected with the general and special taxes.
8. An Easement for Public Utilities and Incidental Purposes in the document recorded November 24,
1947, as Book 1604, Page 92, of Official Records.
9. An Easement for Highway Purposes and Incidental Purposes in the document recorded July 24, 1978,
as Book 12769, Page 504, of Official Records.
10. The Terms and Provisions contained in the document entitled "Declaration Establishing Access and
Parking Easements" recorded January 29, 1980, as Book 13484, Page 726, of Official Records.
Note 1: Document declaring Modifications thereof recorded September 26, 1985, as Instrument No.
369000, of Official Records.
Note 2: Document declaring Modifications thereof recorded January 18, 2008, as Instrument No.
27296, of Official Records.
11. An Easement for Public Utilities and Incidental Purposes in the document recorded May 3, 2007, as
Instrument No. 287870 of Official Records.
12. An Easement for Public Utilities and Incidental Purposes in the document recorded May 9, 2007 as
Instrument No. 302226 of Official Records.
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Western Resources Title Company
13. Any facts, rights, interests or claims that may exist or arise by reason of the following matters
disclosed by an ALTA/NSPS survey made by JRN Civil Engineers (Jeffrey L. Mays) on 1/13/2013,
designated Job Number 12501:
A) An encroachment of a concrete gutter and parking spaces into the street right of way easement
along the southwesterly boundary. Said easement is described in item 8 above.
B) An unrecorded easement or lesser right for street and highway purposes of West Coast Highway.
C) An encroachment of a trash enclosure into an easement for access and parking purposes. Said
easement is described in item 9 above.
D) A 0.1' encroachment of a building facade into the street right of way of Riverside Avenue.
E) An encroachment of a sidewalk onto the property from the street light away of Avon Street, to an
undisclosed amount.
F) An encroachment of a curb into the street right of way of Avon Street, to an undisclosed amount.
G) A 0.1' encroachment of a 1-story wood frame/stucco building onto the land adjoining the property
to the southwest.
H) An encroachment of building stairs onto the land adjoining the property to the southwest, to an
undisclosed amount.
I) The measured distance for the southeast bound boundary differs from record by 1.87'.
14. Any right, title or interest of United States Postal Service, as disclosed by a notice of nonresponsibility
recorded September 10, 2014 as Instrument No. 367005 of Official Records.
15. The Terms and Provisions contained in the document entitled "Reciprocal Easement Agreement"
recorded October 20, 2016, as Instrument No. 514970 of Official Records.
16. The terms and provisions contained in the document entitled "Certificate of Compliance No. CO2018-
009 (PA2018-101) California Government code Section No. 66499.35(c) City of Newport Beach"
recorded May 18, 2018 as Instrument No. 182189 of Official Records.
17. An Easement for Public Utilities and Incidental Purposes in the document recorded August 16,
2018, as Instrument No. 299353 of Official Records.
18. An Easement for Public Utilities and Incidental Purposes in the document recorded January 18,
2019, as Instrument No. 18005 of Official Records.
19. A Deed of Trust to secure an original indebtedness of $88,000,000.00 recorded October 23,
2019 as Instrument No. 415593 of Official Records.
Dated: October 21, 2019
Trustor: Mariner's Center M2, LLC, a Delaware Limited Liability Company
Trustee: Chicago Title Company
Beneficiary: H.I.G. Realty Credit Holdings, LLC, a Delaware Limited Liability
Company
Note 1: Said Deed of Trust was recorded referencing an erroneous legal description.
Note 2: According to the public records, the Beneficial Interest under the above referenced Deed of
Trust was Assigned to H.I.G. Realty Financing II, LLC by Assignment recorded November 6, 2019, as
Instrument No. 440579, of Official Records.
20. A document entitled "Assignment of Leases and Rents" recorded October 23, 2019, as Instrument
No. 416279, of Official Records, as additional security for the payment of the indebtedness secured
by the Deed of Trust recorded October 23, 2019, as Instrument No. 415593, of Official Records.
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Western Resources Title Company
Note 1: Said Assignment of Leases and Rents was recorded referencing an erroneous legal
description.
Note 2: An "Assignment of Assignment of Leases and Rents" conveying assignor's interest to: H.I.G.
Realty Financing II, LLC, Recorded November 6, 2019 as Instrument No. 440593, of Official Records
21. Any rights, interests or claims of the parties in possession of said land, including but not limited
to those based on an unrecorded agreement, contract of lease.
This Company will require that a full copy of any unrecorded agreement, contract or lease be
submitted to us, together with all supplements, assignments and amendments, before any policy of
title insurance will be issued.
We will need these prior to close of escrow.
Note: To avoid any delays in closing, please make sure to complete and return to us the attached
Owner's Affidavit in its entirety and it must be notarized.
22. An inspection of said land has been ordered, which may result in additional exceptions.
23. With respect to MARINER'S CENTER M2, LLC, a limited liability company:
a. A copy of its operating agreement and any amendments thereto;
b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-
1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of
articles of organization (LLC-10) be recorded in the public records;
c. If it is a foreign limited liability company, that a certified copy of its application for registration
(LLC-5) be recorded in the public records;
d. With respect to any deed, deed of trust, lease, subordination agreement or other document or
instrument executed by such limited liability company and presented for recordation by the Company
or upon which the Company is asked to rely, that such document or instrument be executed in
accordance with one of the following, as appropriate:
(i) If the limited liability company properly operates through officers appointed or elected pursuant to
the terms of a written operating agreement, such document must be executed by at least two duly
elected or appointed officers, as follows: the chairman of the board, the president or any vice
president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer;
(ii) If the limited liability company properly operates through a manager or managers identified in the
articles of organization and/or duly elected pursuant to the terms of a written operating agreement,
such document must be executed by at least two such managers or by one manager if the limited
liability company properly operates with the existence of only one manager.
e. Other requirements which the Company may impose following its review of the material required
herein and other information which the Company may require
24. Statements of information from all parties to the transaction.
25. Caution!
If this transaction involves a “HARD MONEY” loan (non-institutional lender) it is highly probable we
may not be able to issue a policy of title insurance. Therefore, contact your Title Officer immediately
to determine insurability. ---
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Western Resources Title Company
INFORMATIONAL NOTES
Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
1. According to the public records, there has been no conveyance of the land within a period of twenty-
four months prior to the date of this report, except as follows:
None
2. Refinance Rate applies
3. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact
which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if
applicable, 115 and 116.2 attached.
When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference Commercial
Improvements known as 149, 177 & 191 Riverside Avenue, Newport Beach, California.
The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title
Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on
this map except to the extent coverage for such loss or damage is expressly provided by the terms and
provisions of the title insurance policy, if any, to which this map is attached.
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Western Resources Title Company
LEGAL DESCRIPTION
Real property in the City of Newport Beach, County of Orange, State of California, described as
follows:
PARCEL 1:
THAT PORTION OF LOT F OF TRACT NO. 919, AS SHOWN ON A MAP RECORDED IN BOOK
29, PAGES 31 TO 34, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHEASTERLY LINE OF THE CALIFORNIA STATE
HIGHWAY, AS SHOWN ON SAID MAP OF TRACT NO. 919, DISTANT SOUTHEASTERLY
750.00 FEET, MEASURED ALONG SAID NORTHEASTERLY LINE, FROM THE
SOUTHEASTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO WALTER S. SPICE
AND WIFE, RECORDED NOVEMBER 17, 1930, IN BOOK 436, PAGE 190, OF OFFICIAL
RECORDS, THENCE NORTH 28° 59' 30" EAST, 213.59 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 61° 00' 30" EAST, 50.00 FEET TO THE SOUTHEASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO J. H. GORDON AND WIFE, RECORDED
AUGUST 16, 1939, IN BOOK 1011, PAGE 61, OF OFFICIAL RECORDS; THENCE NORTH 28°
59' 30" EAST ALONG SAID SOUTHEASTERLY LINE TO A LINE PARALLEL WITH AND
DISTANT NORTHEASTERLY 280.52 FEET FROM THE SOUTHWESTERLY LINE OF SAID LOT
F; THENCE SOUTHEASTERLY ALONG SAID PARALLEL LINE 50.00 FEET TO A LINE
PARALLEL WITH AND DISTANT SOUTHEASTERLY 50.00 FEET FROM SAID
SOUTHEASTERLY LINE OF J. H. GORDON; THENCE SOUTH 28° 59’ 30” WEST ALONG SAID
PARALLEL LINE TO THE SOUTHWESTERLY LINE OF SAID LOT F; THENCE SOUTH 61° 00'
30" EAST ALONG SAID SOUTHWESTERLY LINE 25.00 FEET TO A LINE PARALLEL WITH
AND DISTANT SOUTHEASTERLY 75.00 FEET FROM SAID SOUTHEASTERLY LINE OF THE
LAND OF J. H. GORDON, THENCE NORTH 28° 59' 30" EAST ALONG SAID PARALLEL LINE
TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN A DEED RECORDED
DECEMBER 9, 1966, IN BOOK 8124, PAGE 443, OF SAID OFFICIAL RECORDS; THENCE
SOUTH 61° 00' 30" EAST ALONG SAID SOUTHWESTERLY LINE 129.15 FEET TO THE
SOUTHEASTERLY LINE OF SAID LOT F; THENCE NORTH 28° 59' 30" EAST ALONG SAID
SOUTHEASTERLY LINE 328.83 FEET TO THE MOST EASTERLY CORNER OF SAID LOT F;
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID LOT F TO A LINE
THAT BEARS NORTH 28° 59' 30" EAST FROM THE TRUE POINT OF BEGINNING; THENCE
SOUTH 28° 59' 30" WEST 222.59 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL
GAS RIGHTS,AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN THAT MAY
BE WITHIN OR UNDER SAID LAND, TOGETHER WITH THE PERPETUAL RIGHT OF
DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND REMOVING THE SAME
FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE
DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS
THE SUBSURFACE OF SAID LAND, AND TO BOTTOM SUCH WHIPSTOCKED OR
DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AD BENEATH OR
BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP,
MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, EXPLORE AND OPERATE THROUGH THE
SURFACE OR THE UPPER 100 FEET OF THE SUBSURFACE OF THE LAND OR OTHERWISE
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Western Resources Title Company
IN SUCH MANNER AS TO ENDANGER THE SAFETY OF ANY HIGHWAY THAT MAY BE
CONSTRUCTED ON SAID LANDS, AS RESERVED IN THE DEED FROM FRANK J. O'CONNOR
AND CONSTANCE M. O'CONNOR RECORDED MAY 28, 1969, IN BOOK 8970, PAGE 7, OF
OFFICIAL RECORDS.
PARCEL 2:
AN EASEMENT FOR ACCESS AND PARKING PURPOSES OVER THAT PORTION OF LOT "F"
OF TRACT NO. 919, AS SHOWN ON A MAP RECORDED IN BOOK 29, PAGES 31 THROUGH
34, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, MORE PARTICULARLY DESCRIBED IN THE DECLARATION
ESTABLISHING ACCESS AND PARKING EASEMENTS RECORDED JANUARY 29, 1980, IN
BOOK 13484, PAGE 726, AS AMENDED BY FIRST AMENDMENT TO DECLARATION
ESTABLISHING ACCESS AND PARKING EASEMENTS RECORDED SEPTEMBER 26, 1985, AS
INSTRUMENT NO. 85-369000, AS AMENDED BY SECOND AMENDMENT TO DECLARATION
ESTABLISHING ACCESS AND PARKING EASEMENTS RECORDED JANUARY 18, 2008, AS
INSTRUMENT NO. 2008-27296, ALL OF OFFICIAL RECORDS.
APN: 049-110-17, 049-110-27 and 049-110-30
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Western Resources Title Company
EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating (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, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or 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 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) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured
claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) 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 insured mortgage or
for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is
situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this 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. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
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 taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the public records.
2. Any facts, rights, interests, or claims 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, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
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Western Resources Title Company
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of 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, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks: 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.
5. Failure to pay value for Your Title.
6. 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, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. 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.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A $ 10,000.00
or $2,500.00
(whichever is less)
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or
$5,000.00
(whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00
or
$5,000.00 (whichever is less)
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A $ 5,000.00
or $2,500.00
(whichever is less)
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Western Resources Title Company
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage
provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
[Except as provided in Schedule B - Part II,[ I[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
[PART I
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.]
PA2021-269
Order Number: 229053 (RR)
Page Number: 12
Western Resources Title Company
PART II
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against
loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:]
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy; (c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of:
[The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
1. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land
or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights,
claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.]
7. {Variable exceptions such as taxes, easements, CC&R’s, etc., shown here.]
PA2021-269
Order Number: 229053 (RR)
Page Number: 13
Western Resources Title Company
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c),
13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this
policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk
11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that 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. This Exclusion does not modify or
limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after
the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance
with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
PA2021-269
Order Number: 229053 (RR)
Page Number: 14
Western Resources Title Company
0 ~ 4:,'6 ~-o.V J"-. \ ,l ~ I{► ..l r,)-¥-" l 0 ~ MARCH 1949 ~-'i \". "!I-\i ~ IRVINE BLK.2 POI/. LOT F P.M. 60·J!JJ PAR.I @ 1.519 AC. TRACT NO. 919 JRVINE SUB. PARCEL MAPS _,/ ~ /10.3~ I~ M ,. = 100' I y I t: .r ~ 10 j /t .I POR. I LOT F J ro-7 FWY @ "".------' I L20AC. P. M.227-9 .@ PAR/ ' c-< \ 0 l.~C. @; M.M. 29-32 M.M. 1-88 I ;~ '®'-004 "·"· \ AC. I I P.M. 60-23, 221-9, 331-32 .so· ~ " J N ~ -~ . ~ ! 13 NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES ~ . " @ • ' NO. 919 ...,, . llt9./.G6 .L .. HIGHWAY ~ ASSESSOR'S MAP BOOK 049 PAGE 11 COUNTY OF ORANGE 049-11 1-/JO" ~ ~ "t AVON sr E [ ~ iii rJ :,,; .... Q: au· D PA2021-269
Western Resources Title Company
Western Resources Title
Privacy Policy Notice
At Western Resources Title we hold your personal information in the highest regard. This notice will explain what
information we collect, how we use it and how we protect it.
The types of personal information we collect from you may include the following depending on
which products and services we are providing:
• Information we receive from you such as on applications or other forms.
• Information about your transactions we secure from our files or from others.
• Information we receive from a consumer reporting agency.
• Information we receive from others involved in our transaction, such as the real estate agent or
lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We use this information for our own legitimate business purposes. This includes providing the services you have
requested, fulfilling your transaction, complying with relevant laws, complying with our policies and those of our
underwriters, and handling a claim.
We will not share your information with nonaffiliated business parties except as needed to provide the product or
service you have requested
We do not sell your personal information to third parties, nor do we plan to do so in the future.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
How does Western Resources Title protect your personal information?
To protect your personal information from unauthorized access and use, we restrict access to the information to
those employees who need to know the information in order to provide products and services to you. We
maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
PA2021-269