HomeMy WebLinkAboutPA2023-0067_2030322_Title Policy
DATE: 10/13/2022
The John and Sharon Engstrom Trust
704 Orchid Avenue
Corona Del Mar, CA 92625
Escrow No.: 22349-DK
Property Address: 704 Orchid Avenue, Newport Beach, Corona del Mar Area, CA 92625
USA National Title Ref: 062230969-20
Enclosed please find your original Homeowner’s Policy.
If you have any questions, please don’t hesitate to call Arlene Robles / Andy Tran at (714) 908-5220.
Thank you.
Sincerely,
Arlene Robles / Andy Tran
Title Officer
#7063 (NATIC Rev. 1/7/14) Policy Page 1
Copyright 2006-2010 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.
6490.13
ALTA Homeowner’s Policy (12/2/13)
HOMEOWNER’S POLICY FORM OF TITLE INSURANCE
1855 GATEWAY BOULEVARD, SUITE 600 CONCORD, CALIFORNIA 94520 (800) 374-8475 OR (800) 369-3434
FOR A ONE-TO-FOUR FAMILY RESIDENCE
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 3
➢ Conditions on pages 4 and 5
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 North American Title Insurance Company
TABLE OF CONTENTS
OWNER’S COVERAGE STATEMENT..............................
COVERED RISKS ............................................................
OUR DUTY TO DEFEND AGAINST LEGAL ACTIONS ....
EXCLUSIONS...................................................................
CONDITIONS
1. Definitions ..................................................................
2. Continuation of Coverage ...........................................
3. How to Make a Claim .................................................
4. Our Choices When We Learn of a Claim ....................
5. Handling a Claim or Legal Action ...............................
6. Limitation of Our Liability .............................................
PAGE
2
2 3
3
4
4
4
4
4
4 & 5
7. Transfer of Your Rights to Us .................................5
8. This Policy is the Entire Contract ............................5
9. Increased Policy Amount ........................................5
10. Severability .............................................................5
11. Arbitration ...............................................................5
12. Choice of Law .........................................................5
SCHDEULE A
Policy Number; (Premium), Date (and Time) and Amount, Deductible Amounts and Maximum Dollar Limits of Liability; Street
Address of the Land
1. Name of Insured
2. Interest in Land Covered
3. Description of the Land
SCHEDULE B - EXCEPTIONS
6490.13
ALTA Homeowner’s Policy (12/2/13)
#7063 (NATIC Rev 1/7/14) Policy Page 2
POLICY OF TITLE INSURANCE
ISSUED BY Policy No.: CA402-22-97940-01
NORTH AMERICAN TITLE INSURANCE COMPANY
HOMEOWNER’S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
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’ fees
and expenses provided under this Policy. 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 creating 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 3
• The Conditions on pages 3, 4 and 5.
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.
f. A defective judicial or administrative proceeding.
7. Any of Covered Risks 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.
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.
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17. You lose Your Title to any part of the Land because of the right to take the
Land by condemning it, if:
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
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
them, 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
In Witness whereof, North American Title Insurance Company has caused this policy to be signed and sealed as of the Date of Policy.
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 minerals,
water, or any other substance.
6490.13
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#7063 (NATIC Rev 1/7/14) Policy Page 4
CONDITIONS
1. Definitions
a. Easement – the right of someone else to use the Land for a special purpose.
b. Estate Planning Entity – 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 time 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 – North American Title Insurance Company.
l. 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 a Trust or any Estate Planning Entity to
whom 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 North American Title Insurance Company, 1855 Gateway
Boulevard, Suite 600, Concord, California 94520, Attention: Claims Department.
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) he method You used to compute the amount of Your loss.
(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 questions 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.
4. 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.
5. 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;
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(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
(3) If Your claim is covered only under Covered Risk 16, 18, 19 or 21, any
amount paid to the owner of the Mortgage shall also be subtracted from
Our Maximum Dollar Limit of Liability for the particular Covered Risk.
f. If You do anything to affect any right of recovery You may have against
someone else, We can subtract from Our liability the amount by which You
reduced the value of that right.
7. Transfer Of Your Rights To Us
a. When We settle Your claim, We have all the rights and remedies You
have against any person or property related to the claim. You must not
do anything to affect these rights and remedies. When We ask, You
must execute documents to evidence the transfer to Us of these rights
and remedies. You must let Us use Your name in enforcing these rights
and remedies.
b. We will not be liable to You if We do not pursue these rights and
remedies or if We do not recover any amount that might be recoverable.
c. We will pay any money We collect from enforcing these rights and
remedies in the following order:
(1) to Us for the costs, attorneys’ fees and expenses We paid to
enforce these rights and remedies;
(2) to You for Your loss that You have not already collected;
(3) to Us for any money We paid out under this Policy on account of
Your claim; and
(4) to You whatever is left.
d. If You have rights and remedies under contracts (such as indemnities,
guaranties, bonds or other policies of insurance) to recover all or part of
Your loss, then We have all of those rights and remedies, even if those
contracts provide that those obligated have all of Your rights and
remedies under this Policy.
8. This Policy Is The Entire Contract
This Policy, with any endorsements, is the entire contract between You and Us.
To determine the meaning of any part of this Policy, You must read the entire
Policy and any endorsements. Any changes to this Policy must be agreed to in
writing by Us. Any claim You make against Us must be made under this Policy
and is subject to its terms.
9. Increased Policy Amount
This Policy Amount then in force will increase by ten percent (10%) of the Policy
Amount shown in Schedule A each year for the first five years following the Policy
Date shown in Schedule A, up to one hundred and fifty percent (150%) of the Policy
Amount shown in Schedule A. The increase each year will happen on the
anniversary of the Policy Date shown in Schedule A.
10. Severability
If any part of this Policy is held to be legally unenforceable, both You and We can
still enforce the rest of this Policy.
11. Arbitration
a. If permitted in the state where the Land is located, You or We may
demand arbitration.
b. The law used in the arbitration is the law of the state where the Land is
located.
c. The arbitration shall be under the Title Insurance Arbitration Rules of
the American Land Title Association (“Rules”). You can get a copy of
the Rules from us.
d. Except as provided in the Rules, You cannot join or consolidate Your
claim or controversy with claims or controversies of other persons.
e. The arbitration shall be binding on both You and Us. The arbitration
shall decide any matter in dispute between You and Us.
f. The arbitration award may be entered as a judgment in the proper
court.
12. Choice Of Law
The law of the state where the Land is located shall apply to this policy
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THANKS…
We want to express our appreciation of your faith in North American
Title Insurance Company.
This Policy is valuable and may entitle you to a lower premium on title
insurance if you sell or refinance your property. We suggest you keep it
in a safe place where it will be readily available.
There is no recurring premium for this policy.
If you have any questions about your settlement or closing, contact the
office that issued your policy.
If you have any questions regarding your policy, you can write us at:
North American Title Insurance Company
1855 Gateway Boulevard, Suite 600
Concord, California 94520
or call us at: Western States: 800-869-3434
Eastern States: 800-374-8475
www.natic.com
ALTA Homeowners Policy of Title Insurance (12-2-13)
NORTH AMERICAN TITLE INSURANCE COMPANY
HOMEOWNER’S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
SCHEDULE A
Name and Address of Title Insurance Company:
USA National Title Company, Inc., 5582 McFadden Avenue, , Huntington Beach, CA 92649
File No.: 062230969-20 Policy No.: CA402-22-97940-01
Amount of Insurance: $3,350,000.00 Premium: $4,612.00
Date of Policy: October 07, 2022 at 11:11 AM
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: 704 Orchid Avenue, City of Newport Beach, Corona del Mar Area, County of Orange,
State of California 92625
1. Name of Insured:
John A. Engstrom and Sharon M. Engstrom
2. Your interest in the Land covered by this Policy is:
A FEE
3. The Land referred to in this Policy is described as:
See attached Schedule A, Page 2: “Exhibit A – Legal Description”
NORTH AMERICAN TITLE INSURANCE COMPANY
HOMEOWNER’S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
SCHEDULE A
Exhibit A: Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 6 AND THE NORTHEASTERLY 15 FEET OF LOT 4 IN BLOCK 742 OF THE CORONA DEL MAR
TRACT AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 3, PAGES 41 AND 42 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
ASSESSOR'S PARCEL NUMBER: 459-073-09
Address: 704 Orchid Avenue, City of Newport Beach, Corona del Mar Area, County of Orange,
State of California 92625
Parcel ID / Tax ID Number: 459-073-09
File No.: 062230969-20
NORTH AMERICAN TITLE INSURANCE COMPANY
HOMEOWNER’S POLICY OF TITLE INSURANCE
FOR A ONE-TO-FOUR FAMILY RESIDENCE
SCHEDULE B
EXCEPTIONS
In addition to the Exclusions, You are not insured against loss, costs, attorneys’ fees, and expenses
resulting from:
1. PROPERTY TAXES, WHICH ARE A LIEN NOT YET DUE AND PAYABLE, INCLUDING ANY
ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 2022-2023 WHICH
ARE A LIEN NOT YET PAYABLE.
2. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH
MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. SAID
ASSESSMENTS ARE COLLECTED WITH THE COUNTY TAXES.
3. THE LIEN OF SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE
PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OR PART 2,
CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE REVENUE AND TAXATION CODE OF THE
STATE OF CALIFORNIA AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN
SCHEDULE A OR AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION PRIOR TO
DATE OF POLICY.
4. WATER RIGHTS, CLAIMS OR TITLE TO WATER IN OR UNDER SAID LAND, WHETHER OR NOT
SHOWN BY THE PUBLIC RECORDS.
5. COVENANTS, CONDITIONS, AND RESTRICTIONS AS SET FORTH IN INSTRUMENT RECORDED IN
BOOK 670, PAGE 26 OF DEEDS (AFFECTS LOTS 6) AND IN BOOK 670, PAGE 28 OF DEEDS
(AFFECTS LOT 4), BUT OMITTING ANY COVENANT, CONDITION OR RESTRICTION, IF ANY, BASED
ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS
AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITION OR RESTRICTION (A) IS EXEMPT
UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT
DISCRIMINATE AGAINST HANDICAPPED PERSONS.
THE FOLLOWING NOTICE IS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
12956.1(B)(1)
“IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON AGE, RACE, COLOR, RELIGION,
SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL
STATUS, MARITAL STATUS, DISABILITY, VETERAN OR MILITARY STATUS, GENETIC
INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (P) OF
SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR
HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE
GOVERNMENT CODE BY SUBMITTING A “RESTRICTIVE COVENANT MODIFICATION” FORM,
TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION
REDACTED TO THE COUNTY RECORDER’S OFFICE. THE “RESTRICTIVE COVENANT
MODIFICATION” FORM CAN BE OBTAINED FROM THE COUNTY RECORDER’S OFFICE AND MAY
BE AVAILABLE ON ITS INTERNET WEBSITE. THE FORM MAY ALSO BE AVAILABLE FROM THE
PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. LAWFUL RESTRICTIONS UNDER STATE
AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR
OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL
STATUS.”
“ANY PERSON WHO BELIEVES THAT THIS DOCUMENT CONTAINS AN UNLAWFUL RESTRICTIVE
COVENANT AS DESCRIBED ABOVE MAY SUBMIT TO THE COUNTY RECORDER A COMPLETED
RESTRICTIVE COVENANT MODIFICATION FORM. A COMPLETE COPY OF THE ORIGINAL
DOCUMENT MUST BE ATTACHED TO THE RESTRICTIVE COVENANT MODIFICATION FORM, WITH
THE UNLAWFUL LANGUAGE REDACTED. AFTER SUBMISSION TO THE RECORDER, THE FORM
AND ATTACHED DOCUMENT WILL BE REVIEWED BY COUNTY COUNSEL, AND IF THE ATTACHED
DOCUMENT PROPERLY REDACTS AN UNLAWFUL COVENANT, THE FORM AND ATTACHED
DOCUMENT WILL BE RECORDED. IF YOU SUBMIT A REQUEST TO RECORD A MODIFICATION
DOCUMENT, YOU MUST PROVIDE A RETURN ADDRESS IN ORDER FOR THE COUNTY
RECORDER TO NOTIFY YOU OF THE ACTION TAKEN BY THE COUNTY COUNSEL REGARDING
THE FORM.” GOV. CODE SECTIONS 12956.1(B)(3) AND 12956.2(A)(1), (B)(1), (C).
SAID COVENANTS, CONDITIONS, AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF
SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST
MADE IN GOOD FAITH AND FOR VALUE.