2009-10238 SGLine: 6-8
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10910890DEF
Recording Requested byr
PAY 6 LAMLER, ATTORNEYS AT LAW
Rail Tax Statements for
Mr. and Mrs. Stanley Clark
2211 Montgomery Avenue
Cardiff by the Sea, CA 92007
When Recorded Mail for
Same as above.
52
90 620645
1,1 - +k
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10910890DBF 53
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS
On September 26, 1990f before me, the undersigned, a Notary
Public for the State of California, personally appeared STANLEY W.
CLARK and EUNICE J. CLARK, proven to me on the basis of
Zevidence to be the persons whose names are subscribed
to the within instrument in Said capacity, and acknowledged that
they executed the same.
WITNESS my hand and official Baal.
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SAN DIEGO,CA DOCUMENT: QD 1990.620645 Page 2 of 2
Printed on 5/2812009 11:55:36 AM Provided by Data Trace System
1
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M CORINTHIAN
TITLE COMPANY
591 Camino De La Reina Ste 100
San Diego, CA 92108 • (619) 299 -4800
as Agent for Stewart Title Guaranty Company
ROBERT W. CLARK
743 NARDO ROAD
ENCINITAS, CA 92024
ATTN: ROBERT W. CLARK
YOUR REF: 19006
PROPERTY: 2211 MONTGOMERY AVENUE,
ENCINITAS, CA
ORDER NO.: 42409- PD
PRELIMINARY REPORT
In response to the above referenced application for a Policy of Title Insurance, Corinthian Title Company,
Inc. 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 referenced to
as an Exception on Schedule 8 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 and Limitations on covered Risks of said policy or
policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When
the Amount of Insurance is less than that set forth in the 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.
Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which
establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set
forth in Exhibit A. 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 thereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a policy of title insurance, a binder or commitment should be requested.
Dated as of June 12, 2009 at 7:30am
Title Officer:
Title Officer Phone:
Title Officer Fax:
Title Officer Email:
Petra Doering
619 - 299 -4800
619- 872 -9333
petra. doeringC@corinthiantitte.com
ORDER NUMBER: 42409 -PD
Corinthian Tltie Company, Inc.
BY
fwtliaimd Si9natxY
Carinthian Title Company, Inc.
ORDER NO.: 42409 -PD
PRELIMINARY REPORT
The form of Policy of Title Insurance contemplated by this report is:
ALTA Loan Policy (6- 17 -06)
ALTA Owners Policy (6- 17 -06)
SCHEDULE A
PRELIMINARY REPORT
YOUR REFERENCE: 19006
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
STANLEY W. CLARK AND EUNICE J. CLARK, TRUSTEES OF THE CLARK FAMILY TRUST AGREEMENT DATED
SEPTEMBER 26, 1990
Corinthian Title Company, Inc. PRELIMINARY REPORT
ORDER NO.: 42409 -PD YOUR REFERENCE: 19006
LEGAL DESCRIPTION
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
LOTS 45 AND 46, BLOCK 23, CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 14, 1910.
APN: 261- 073 -49 -00
Corinthian Title Company, Inc.
ORDER NO.: 42409 -PD
SCHEDULEB
PRELIMINARY REPORT
YOUR REFERENCE: 19006
At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in
said policy or policies would be as follows:
Taxes:
A. General and Special City and /or County taxes, including any personal property taxes and any
assessments collected with taxes, for the fiscal year 2008 -2009:
1st Installment:
$841.79 PAID
2nd Installment:
$841.79 PAID
Land:
$22,846.00
Improvements:
$111,018.00
Exemption:
$7,000.00 HOMEOWNERS
Code Area:
19006
Assessment No.: 261- 073 -49 -00
The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(commencing with Section 75) of the Revenue and Taxation Cade of the State of California.
Exceptions:
1. The matters contained in an instrument entitled COVENANT REGARDING REAL PROPERTY: ACCESSORY
UNIT, dated 09/10/2008, by and between STANLEY W. CLARK AND EUNICE J. CLARK, TRUSTEES OF THE
CLARK FAMILY TRUST AGREEMENT DATED SEPTEMBER 26, 1990 AND CITY OF ENCINITAS upon the terms
therein provided recorded SEPTEMBER 23, 2008 AS INSTRUMENT NO. 2008- 0503961 OF OFFICIAL
RECORDS.
2. WE FIND NO OPEN DEEDS OF TRUST OF RECORD. PLEASE VERIFY BY INQUIRY OF ESCROW PERSONNEL
AND /OR AGENTS WHETHER OR NOT WE HAVE OVERLOOKED SOMETHING AND ADVISE THE TITLE
DEPARTMENT, PRIOR TO CLOSING.
3. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will
require a copy of the trust instrument creating such trust, and all amendments thereto, together with
a written verification by all present trustees that the copy is a true and correct copy of the trust, as it
may have amended, that it is in full force and effect and that it has not been revoked or terminated.
4. We will require a Statement of Information from the parties named below in order to complete this
report, based on the effect of documents, proceedings, liens, decrees, or other matter which do not
specifically describe said land, but which, if any do exist, may affect the title or impose liens or
encumbrances thereon.
Parties: STANLEY W. CLARK AND EUNICE J. CLARK
(Note: The Statement of Information is necessary to complete the search and examination of title
under this order. Any title search includes matters that are indexed by name only, and having a
completed Statement of Information assists the Company in the elimination of certain matters which
appear to involve the parties but in fact another party with the same or similar name. Be assured that
the Statement of Information is essential and will be kept strictly confidential to this file).
FAILURE TO PROVIDE THE STATEMENT(S) OF INFORMATION IN A TIMELY MANNER MAY DELAY THE
CLOSING OF THIS TRANSACTION.
END OF EXCEPTIONS
Corinthian Title Company, Inc.
ORDER NO.: 42409 -PD
SCHEDULE B
(CONTINUED)
Typist Initials: LL
PRELIMINARY REPORT
YOUR REFERENCE: 19006
Corinthian Title Company, Inc. PRELIMINARY REPORT
ORDER NO.: 42409 -PD YOUR REFERENCE: 19006
NOTES AND REQUIREMENTS
1. None of the items in this report will cause the Company to decline to attach CLTA Endorsement Form
100 to an ALTA Loan Policy, when issued.
2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement
Form 116 indicating that there is located on said land a SINGLE FAMILY RESIDENCE known as 2211
MONTGOMERY AVENUE, ENCINITAS, CALIFORNIA to an extended coverage policy.
3. There are NO conveyances affecting said land, recorded with the County Recorder within 24 months
of the date of this report.
4. Short Term Rate is NOT applicable.
5. NOTE: The policy of title insurance will include an arbitration provision. The Company or the insured
may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy provision or other obligation. Please
ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the
arbitration provisions and any other provisions pertaining to your Title Insurance coverage.
6. NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for
the processing and recordation of the reconveyance of each Deed of Trust being paid off through this
transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff
Demand Statement ( "Demand "). In addition, an assignment or authorized release of that fee, from the
Beneficiary to the Trustee of record, must be included. An example of the required language is as
follows:
'The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the
sum of $45.00, included herein as ' Reconveyance Fees', for the processing and recordation of the
Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company
or title company processing this pay -off is authorized to deduct the Reconveyance Fee from this
Demand and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to
be paid off in full."
in the event that the reconveyance fee and the assignment, release or transfer thereof are not
included within the demand statement, then Corinthian Title Company, Inc. may decline to process the
reconveyance and will be forced to return all documentation directly to the Beneficiary for compliance
with the requirements of the revised statute.
If a county recorder, title insurance company, escrow company, real estate broker, real estate agent
or association provides a copy of a declaration, governing document or deed to any person, California
law requires that the document provided shall include a statement regarding any unlawful restrictions.
Said statement is to be in at least 14 -point bold face type and may be stamped on the first page of any
document provided or included as a cover page attached to the requested document. Should a party to
this transaction request a copy of any document reported herein that fits this category, the statement
is to be included in the manner described.
Requirements:
Corinthian Title Company, Inc.
ORDER NO.: 42409 -PD
NOTES AND REQUIREMENTS
(CONTINUED)
�i71[ ��Iif• ��► ZIL�� [�l`►[������(������I_llydR•�il
PRELIMINARY REPORT
YOUR REFERENCE: 19006
If you anticipate wiring funds to Corinthian Title Company, Inc., our wiring information is as follows:
Union Bank Credit To: Corinthian Title Company, Inc. - San
1980 Saturn Street Diego Title
Monterey Park, CA 91755 Reference Order No.: 42409
Routing Number: 122 - 000.496 Title Officer Name: Petra Doering
Account No: 9101041946 Title Unit Number: PD
When instructing the financial institution to wire funds, it is very important that you reference
Corinthian Title Company, Inc.'s order number.
Should you have any questions in this regard, please contact your title officer immediately
CALIFORNIA "GOOD FUNDS" LAW
Califomia Insurance Code Section 12413.1 regulates the disbursement of escrow and sub - escrow funds by title
companies. The law requires that funds be deposited in the title company escrow account and available for
withdrawal prior to disbursement. Funds received by Corinthian Title Company, Inc. via wire transfer may be
disbursed upon receipt. Funds received via cashiers checks or teller checks drawn on a California Bank may be
disbursed on the next business day after the day of deposit. If funds are received by any other means,
recording and /or disbursement may be delayed and you should contact your title or escrow officer.
All escrow and sub - escrow funds received will be deposited with other escrow funds in one or more non -
interest bearing escrow accounts in a financial institution selected by Corinthian Title Company, Inc..
Corinthian Title Company, Inc. may receive certain direct or indirect benefits from the financial institution by
reason of the deposit of such funds or the maintenance of such accounts with a financial institution, and
Corinthian Title Company, Inc. shall have no obligation to account to the depositing party in any manner for
the value of, or to pay to such party, any benefit received by Corinthian Title Company, Inc.. Such benefits
shall be deemed additional compensation to Corinthian Title Company, Inc. for its services in connection with
the escrow or sub-escrow.
If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principles
and /or their respective agents of such nonpayment.
END OF NOTES AND REQUIREMENTS
Corinthian Title Company, Inc.
ORDER NO.: 42409 -PD
Corinthian Title Company, Inc.
Privacy Policy Notice
PURPOSE OF THIS NOTICE
PRELIMINARY REPORT
YOUR REFERENCE: 19006
Title V of the Gramm - Leach - Bliley Act (GLBA) generally prohibits any financial institution, directly or through its
affiliates, from sharing nonpublic personal information about you with nonaffiliated third parties unless the institution
provides you with a notice of its privacy policies and practices, such as the type of information that it collects about
you and categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing
you with this document, which notifies you of the privacy policies and practices of Corinthian Title Company, Inc..
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• information that we receive from others involved in your 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 may disclose any of the above information that we collect about our customers or former customers to our
affiliates or to nonaffiliated third parties permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance, securities and insurance.
• Non- financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS
NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know that information
in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that
comply with federal regulations to guard your nonpublic personal information.
EXHIBIT A (Revised 11- 17 -04)
CLTA PRELIMINARY REPORT FORM (Revised 06- 17 -06)
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS
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 to (i) the occupancy, use, or
enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, 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
(and 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 of 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 1
This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by
the public records.
Revised 11/07/04
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10- 22 -03)
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 any law or government regulation. This includes
ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f, environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or
enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
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 apply to violations of building codes if notice of the violation appears in the
Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of
the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear 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.d, 22,
23, 24 or 25.
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 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, 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:
Revlse0 11 /U / /U4
Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 14:
1% of Policy Amount or $2,500.00 (whichever is less)
$10,000.00
Covered Risk 15:
1% of Policy Amount or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 16:
1% of Policy Amount or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 18:
1% of Policy Amount or $2,500.00 (whichever is less)
$5,000.00
Revlse0 11 /U / /U4
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6 -1 -87)
EXCLUSIONS
In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses
resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes
building and zoning ordinances and also laws and regulations concerning:
• land use
• Improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records
at Policy Date
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of
the taking.
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in
Item 8 of Covered Title Risks.
Failure to pay value for your title.
Lack of a right
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10- 17 -92)
WITH ALTA ENDORSEMENT - FORM 1 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:
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (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 Poky.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the
land has been recorded in the public records at Date of Policy.
Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of
Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be
binding on the rights of a purchaser for value without knowledge.
Defects, 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 poll";
(c) resulting in no loss or damage to the insured claimant;
id) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of
the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent
insurance is afforded herein as to the assessments for street improvements under construction or completed at
Date of Policy); or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
insured mortgage.
4. 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 applicable doing
business taws 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or
materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is
contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of
the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated
to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
I. the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
If. the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of
equitable subordination; or
III. the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
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
Include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
f. 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 by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(e) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
public records.
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, attomeys' 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
p) the occupancy, use, or enjoyment of the Land;
(h) 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
Revised 1119f1ID4
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 unenforceabitity 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).
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10- 17 -92)
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 govemmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; (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) 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;
IQ resulting in no loss or damage to the insured claimant;
(D) Attaching or created subsequent to Date of Policy; or
(E) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the
estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by
reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights taws, that is based on'
I. the transaction creating the estate or interest insured by this polity being deemed a fraudulent conveyance or
fraudulent transfer; or
Revised 111Uf /w
It. the transaction creating the estate or interest insured by this policy being deemed a preferential transfer
except where the preferential transfer results from the failure:
(A) to timely record the instrument of transfer-, or
(B) of such recordation to impart notice to purchaser for value or a judgment or lien creditor.
The above policy forms 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 include the following
general exceptions:
f�l (�1Xi1[�7:Fiy:Cd :[ {�YL�f:LLhg
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 by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct
survey would disclose, and which are not shown by the public records.
5. la) 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.
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.
Kemsea n i 0 u u4
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or
damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or
enjoyment of the Land; (it) 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 areas 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. This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise
thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting
the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this 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) 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 polity;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under
Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. 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 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, except as provided in Covered Risk 27, or
any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to
Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, B(e) and 26.
7. 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 limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all
interest charged thereon, over liens, encumbrances and other matters affecting the titte, the existence of which
are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of the modification than it would have been before the
modification. This exclusion does not limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of
Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if
notice of the violation appears in the Public Records at Date of Policy.
Revised 11/07/04
EXHIBIT "A"
LEGAL DESCRIPTION
The land referred to herein is situated in the State of CALIFORNIA, County of SAN DIEGO, and described as
follows:
LOTS 45 AND 46, BLOCK 23, CARDIFF, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1298, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, NOVEMBER 14, 1910.
APN: 261- 073 -49 -00
CORINTHIAN
TITLE COMPANY
TITLE OFFICER: Petra Doering
ORDER NO.: 42409 -PD
DATE: June 19, 2009 4:38 PM
Attn:
Your Ref: CLARK
TRANSMITTAL
591 Camino De La Reina Ste 100
San Diego, CA 92108
(619) 299 -4800
PHONE: 619 - 299 -4800
EMAIL: petra.doering@corinthiantitle.com
FAX: 619- 872 -9333
PROPERTY ADDRESS: 2211 MONTGOMERY AVENUE, ENCINITAS, CA
BORROWER: CLARK, ROBERT W.
Enclosed please find your Preliminary Report.
Thank you we appreciate your business[
PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5
I (We),
Trustees of the
(hereinafter referred to as 'The Trust "), confirm the following facts:
1. The Trust is currently in existence and was created on
creation
2. The Settlor(s) of The Trust are as follows:
ORDER NO.: 42409
3. The currently acting Trustee(s) of The Trust is (are):
4. The power of the trustee(s) includes
a. The power to sell, convey and exchange: O Yes O No
b. The power to borrow money and encumber the trust property with a deed of trust or mortgage:
O Yes ❑ No
5. The Trust is: (select one) O Revocable O Irrevocable
And the following party(ies), if any, is /are identified as having the power to revoke the trust:
6. The Trust ❑ does O does not have multiple trustees. If the trust has multiple
trustees, the signatures of all the trustees or of any of the trustees is
required to exercise the powers of the trust.
7. The Trust identification number is:
or Employee Identification Number)
8. Title to assets of The Trust shall be taken in the following fashion:
The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified or amended
in any manner which would cause the representations contained herein to be incorrect. This certification
is being signed by all of the currently acting trustees and is being executed in conformity with the
provisions of California Probate Code Section 18100.5, Chapter 530, Statutes of 1993.
Dated
form must be acknowledged)