615 N. NASH STREET, SUITE 308 EL SEGUNDO, CA PHONE NO. (800)

Transcription

1 615 N. NASH STREET, SUITE 308 EL SEGUNDO, CA PHONE NO. (800) PROVIDENT TITLE COMPANY (2151) TITLE OFFICER: STEVE POSS/ JULIE SCHAAL 615 N NASH STREET # TITLEUNIT10@PROVIDENTTITLE.COM EL SEGUNDO, CA ORDER NO.: ATTN: VERONICA FRANCO YOUR REFERENCE NO: VACANT LAND / BARCENA PROPERTY ADDRESS: VACANT LAND PRELIMINARY REPORT DATED AS OF NOVEMBER 20, 2017 AT 7:30 A.M. PROVIDENT TITLE COMPANY, HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF THE DATE HEREOF, A NORTH AMERICAN TITLE INSURANCE COMPANY 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 IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSION FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN SCHEDULE B 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 SCHEDULE B 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. STEVE POSS/ JULIE SCHAAL TITLE OFFICER

2 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY (1990) ISSUED BY PROVIDENT TITLE COMPANY AS AGENT FOR: NORTH AMERICAN TITLE INSURANCE COMPANY SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: HUMBERTO BARCENA AND MARTHA BARCENA, HUSBAND AND WIFE AS JOINT TENANTS 3. THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 13 WEST, SAN BERNARDINO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ASSESSOR S PARCEL NUMBER: PAGE 2

3 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: A. PROPERTY TAXES, INCLUDING ANY PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES, FOR THE FISCAL YEAR ST INSTALLMENT: $ PAID 2ND INSTALLMENT: $ OPEN CODE NO.: TAX PARCEL NO.: B. SUPPLEMENTAL ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO THE PROVISIONS OF PART 0.5, CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF THE TRANSFER OF TITLE TO THE VESTEE NAMED IN SCHEDULE A. SUPPLEMENTAL OR ESCAPED ASSESSMENTS OF PROPERTY TAXES, IF ANY, MADE PURSUANT TO PART 0.5, CHAPTER 3.5 OR PART 2, CHAPTER 3, ARTICLES 3 AND 4, RESPECTIVELY, OF THE CALIFORNIA REVENUE AND TAXATION CODE AS A RESULT OF CHANGES IN OWNERSHIP OR NEW CONSTRUCTION OCCURRING PRIOR TO DATE OF POLICY. ASSESSMENTS, IF ANY, FOR COMMUNITY FACILITY DISTRICTS AFFECTING SAID LAND WHICH MAY EXIST BY VIRTUE OF ASSESSMENT MAPS OR NOTICES FILED BY SAID DISTRICTS. NOTE: THE MAP ATTACHED HERETO IS NEITHER A PLAT NOR A SURVEY, IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREIN. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. 3. THE PROVISIONS OF AN INSTRUMENT EXECUTED BY AND BETWEEN THE PARTIES NAMED THEREIN, UPON THE TERMS, PROVISIONS AND CONDITIONS THEREIN PROVIDED. ENTITLED: DECLARATION AND GRANT OF EASEMENT RECORDED: MARCH 14, 1972 AS INSTRUMENT NO OF OFFICIAL RECORDS REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. PAGE 3

4 4. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY AMOUNT: $ 10, DATED: SEPTEMBER 29, 1985 TRUSTOR: BHUPENDRA PATEL, A SINGLE MAN AND SURYAKANT PATEL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AS TENANTS IN COMMON TRUSTEE: HILLWOOD ASSURANCE CORPORATION, A CALIFORNIA CORPORATION BENEFICIARY: HADASSA NEWMAN AND LAWRENCE E. NEWMAN, AS TRUSTEES FOR THE LAWRENCE E. NEWMAN M.D., INC., PENSION AND PROFIT SHARING PLAN RECORDED: NOVEMBER 7, 1985 AS INSTRUMENT NO A NOTICE OF VIOLATION OF THE SUBDIVISION LAW REQUIREMENTS RECORDED: JUNE 27, 1986 AS INSTRUMENT NO OF OFFICIAL RECORDS EXECUTED BY: DEPARTMENT OF REGINAL PLANNING REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6. THE INTEREST OF: BHUPENDRA PATEL, A SINGLE MAN AND SURYAKANT PATEL, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY AS TENANTS IN COMMON ACQUIRED BY DEED DATED: SEPTEMBER 29, 1985 RECORDED: NOVEMBER 7, 1985 AS INSTRUMENT NO OF OFFICIAL RECORDS WAS SUBSEQUENTLY CONVEYED BY TAX DEED RECORDED: APRIL 29, 2002 AS INSTRUMENT NO OF OFFICIAL RECORDS 7. ANY DEFECT OR INVALIDITY OF THE TITLE OF THE (GRANTEE NAMED BELOW AND/OR VESTEE HEREIN) IF THE DEED IN WHICH TITLE WAS PURPORTEDLY TRANSFERRED IS VOID OR VOIDABLE FOR THE FOLLOWING REASON(S): (A) LACK OF VISIBLE CONSIDERATION; (B) QUESTIONABLE DELIVERY; (C) ASSERTIONS AND/OR ALLEGATIONS THAT THE EXECUTION OF SAID DEED WAS OCCASIONED BY FORGERY, FALSE IMPERSONATION OR UNLAWFUL ALTERATION THEREOF; (D) QUESTIONABLE ENTITY; AND/OR (E) FAILURE TO COMPLY WITH THE PROVISIONS OF ANY STATE OR FEDERAL REGULATION AND/OR CODE. GRANTOR: MARIBEL RAMIREZ, A MARRIED WOMAN GRANTEE: HUMBERTO BARCENA AND MARTHA BARCENA, HUSBAND AND WIFE AS JOINT TENANTS RECORDED: DECEMBER 14, 2004 AS INSTRUMENT NO OF OFFICIAL RECORDS PLEASE CONTACT YOUR TITLE OFFICER REGARDING THE DISPOSITION OF THIS MATTER. PAGE 4

5 8. 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 MATTERS WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: MARIBEL RAMIREZ, A MARRIED WOMAN 9. THE RIGHTS, IF ANY, OF PARTIES IN POSSESSION OF SAID LAND. 10. OUR EXAMINATION OF RECORD TITLE TO THE HEREIN DESCRIBED LAND DOES NOT DISCLOSE ANY EXISTING LOANS. WE THEREFORE REQUEST A COPY OF THE OWNERS DISCLOSURE STATEMENT WITH REFERENCE TO EXISTING ENCUMBRANCES TO RECONFIRM OUR FINDINGS. END OF SCHEDULE B PAGE 5

6 NOTES AND REQUIREMENTS SPECIAL NOTE: CALIFORNIA REVENUE AND TAXATION CODE SECTION 18662, EFFECTIVE JANUARY 1, 1994 AND BY AMENDMENT EFFECTIVE JANUARY 1, 2003, PROVIDES THAT THE SELLER IN ALL SALES OF CALIFORNIA REAL ESTATE MAY BE REQUIRED TO WITHHOLD 3 AND 1/3 RD % OF THE TOTAL SALES PRICE A CALIFORNIA STATE INCOME TAX, SUBJECT TO THE VARIOUS PROVISIONS OF THE LAW AS THEREIN CONTAINED. SPECIAL NOTE: UNLESS OTHERWISE DIRECTED IN WRITING, PROVIDENT TITLE COMPANY AUTOMATICALLY ISSUES THE ALTA HOMEOWNER S POLICY OF TITLE INSURANCE ( ) ON ALL QUALIFIED RESIDENTIAL PROPERTY SALE TRANSACTIONS. SPECIAL NOTE: THE ALTA HOMEOWNER S POLICY OF TITLE INSURANCE (1-1-08) CONTAINS EXCEPTIONS AS TO OFF RECORD MATTERS IN ADDITION TO SPECIFIC DEDUCTIBLE AMOUNTS AND SPECIFIC LIABILITY MAXIMUMS FOR COVERED RISKS OF SAID POLICY THAT HAVE BEEN FILED AND APPROVED BY THE VARIOUS DEPARTMENTS OF INSURANCE WHERE THE FORMS HAVE BEEN FILED. PLEASE CONSULT WITH YOUR ESCROW OR TITLE OFFICER IF YOU HAVE QUESTIONS REGARDING THE POLICY. GOOD FUNDS NOTE: CALIFORNIA INSURANCE CODE SECTION 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 DEPOSITED WITH THE COMPANY BY WIRE TRANSFER MAY BE DISBURSED UPON RECEIPT. FUNDS DEPOSITED WITH THE COMPANY VIA CASHIER S OR TELLER S CHECK DRAWN ON A CALIFORNIA BASED BANK MAY BE DISBURSED THE NEXT BUSINESS DAY AFTER THE DAY OF DEPOSIT. IF FUNDS ARE DEPOSITED WITH THE COMPANY BY OTHER METHODS, RECORDING AND/OR DISBURSEMENT AY BE DELAYED. ALL ESCROW AND SUB-ESCROW FUNDS RECEIVED BY THE COMPANY WILL BE DEPOSITED WITH OTHER ESCROW FUNDS IN ONE OR MORE NON- INTEREST BEARING ESCROW ACCOUNTS OF THE COMPANY IN A FINANCIAL INSTITUTION SELECTED BY THE COMPANY. THE COMPANY 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 SUCH FINANCIAL INSTITUTION, AND THE COMPANY SHALL HAVE NO OBLIGATION TO ACCOUNT TO THE DEPOSITION PARTY IN ANY MANNER FOR THE VALUE OF, OR TO PAY SUCH PARTY, ANY BENEFIT RECEIVED BY THE COMPANY. THOSE BENEFITS MAY INCLUDE, WITHOUT LIMITATION, CREDITS ALLOWED BY SUCH FINANCIAL INSTITUTION ON LOANS AND EARNINGS ON INVESTMENTS MADE WITH THE PROCEEDS OF SUCH LOANS, ACCOUNTING, REPORTING AND OTHER SERVICES AND PRODUCTS OF SUCH FINANCIAL INSTITUTION. SUCH BENEFITS SHALL BE DEEMED ADDITIONAL COMPENSATION OF THE COMPANY FOR ITS SERVICES IN CONNECTION WITH THE ESCROW OR SUB-ESCROW. Note No. 1: YOUR ORDER FOR TITLE WORK CALLS FOR A SEARCH OF PROPERTY THAT IS IDENTIFIED BY A STREET ADDRESS ONLY OR BY SUCH OTHER UNCONFIRMED DATA. BASED ON OUR RECORDS, WE BELIEVE THAT THE LAND DESCRIPTION AND ITS OWNERSHIP IN THIS REPORT REPRESENTS THE PARCEL THAT YOU REQUESTED. PAGE 6

7 Note No. 2: Note No. 3: IN ORDER TO PREVENT COSTLY ERRORS AND TO BE CERTAIN THAT THE CORRECT PARCEL OF LAND IS BEING CONSIDERED, WE REQUIRE THAT WRITTEN APPROVAL OF THE LEGAL DESCRIPTION AND THE VESTING IN THIS REPORT BE SENT TO US. IF WE DO NOT RECEIVE SUCH CONFIRMATION BEFORE CLOSE OF ESCROW, WE WILL CONSIDER THIS DEEMED APPROVAL OF THE DESCRIPTION AND OWNERSHIP OF SAID LAND AS SHOWN IN OUR REPORT. 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 MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: ALL PARTIES Note No. 4: THE REQUIREMENT THAT NAMED AS VESTEE(S) EXECUTE THE ENCLOSED AFFIDAVIT OF NO MORTGAGE OR DEED OF TRUST IN THE PRESENCE OF A NOTARY PUBLIC KNOWN TO PROVIDENT TITLE COMPANY AND RETURN SAME TO THIS OFFICE PRIOR TO ISSUANCE OF ANY POLICY OF TITLE INSURANCE BY THIS COMPANY. Note No. 5: THIS COMPANY IS REQUIRING THAT THE FOLLOWING "OWNERS DECLARATION/AFFIDAVIT" BE COMPLETED BY THE OWNER OF THE ESTATE DESCRIBED OR REFERRED TO IN SCHEDULE A, IMMEDIATELY PRIOR TO THE CLOSE OF THIS TRANSACTION AND RETURNED TO US FOR OUR APPROVAL. THE PURPOSE OF THE DECLARATION IS TO PROVIDE THIS COMPANY WITH CERTAIN INFORMATION THAT CANNOT NECESSARILY BE ASCERTAINED BY MAKING A PHYSICAL INSPECTION OF THE LAND. PLEASE CONTACT US IN THE EVENT YOU REQUIRE ASSISTANCE IN COMPLETING SAID DECLARATION. PAGE 7

8 AFFIDAVIT re TAX TITLE STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) ss. DEPOSES AND SAYS:, BEING FIRST DULY SWORN, THAT HE/SHE/THEY IS THE OWNER OF THAT CERTAIN REAL PROPERTY IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS : BEING THE PURCHASER, OR SUCCESSOR TO THE PURCHASER, AT A SALE OF SAID LAND FOR TAXES, BY DEED FROM THE COUNTY TAX COLLECTOR ISSUED ON THE DAY OF, 20, AND RECORDED ON AS INSTRUMENT NO. THAT THERE ARE NO BUILDING OR OTHER IMPROVEMENTS ON SAID LAND, EXCEPT: THAT SINCE THE DATE OF THE ABOVE MENTIONED DEED FROM THE COUNTY TAX COLLECTOR, THERE HAS BEEN NO ONE IN ACTUAL OR PHYSICAL POSSESSION OF THE LAND EXCEPT: THAT INSOFAR AS KNOWN TO YOUR AFFIANT, NO CLAIMS HAVE BEEN MADE BY THE FORMER OWNER OF SAID LAND, OR ANYONE CLAIMING UNDER HIM OR ACTING ON HIS BEHALF, OF ANY IRREGULARITY OR INVALIDITY OF ANY OF THE PROCEEDINGS LEADING UP TO AND INCLUDING THE ISSUANCE OF SAID DEED FROM THE COUNTY TAX COLLECTOR OR ANY INTEREST IN SAID LAND ADVERSE TO THE TITLE OF THIS AFFIANT, EXCEPT: THAT THERE ARE NOT NOW PENDING ANY NEGOTIATIONS OR DEALINGS BETWEEN THIS AFFIANT AND SAID FORMER OWNER, OR ANYONE CLAIMING UNDER HIM OR ACTING ON HIS BEHALF, WITH RESPECT TO SAID LAND EXCEPT: THAT INSOFAR AS IS KNOWN TO THIS AFFIANT, NONE OF THE FORMER OWNERS OF OTHER PERSONS HAVING INTERESTS IN OR LIENS UPON SAID LAND WAS, AT THE DATE OF SAID TAX DEED, A MINOR, OR INSANE, INCOMPETENT, DECEASED, OR UNDER LEGAL DISABILITY OR THEN OR THERETOFORE (SUBSEQUENT TO OCTOBER 6, 1942) IN THE MILITARY SERVICE, EXCEPT: THAT NEITHER THE AFFIANT NOR THE PARTY TO WHOM HE IS CONVEYING SAID PROPERTY IN THE INSTANT TRANSACTION, CONTEMPLATED THE CONTRACTION OF SAID LAND OF ANY BUILDINGS OR IMPROVEMENTS, EXCEPT: PAGE 8

9 THAT THIS AFFIANT ESTIMATES THE VALUE OF SAID LAND IS $. STATE AND COUNTY TAXES ACCRUING SINCE ISSUANCE OF THE TAX DEED HAVE BEEN PAID BY: THAT SAID AFFIANT FURTHER CERTIFIES AND DECLARES THAT HE WILL TESTIFY OR DEPOSE BEFORE ANY COMPETENT TRIBUNAL, OFFICER OR PERSON, IN ANY CASE NOW PENDING OR HEREAFTER INSTITUTED, TO THE TRUTH OF THE FOREGOING STATEMENTS AND EACH OF THEM. AFFIANT AFFIANT ADDRESS ADDRESS SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF 20 Notary Public in and for said State PAGE 9

10 OWNER'S DECLARATION/AFFIDAVIT I, the undersigned, under penalty of perjury according to California Law, do state as follows: 1. I am one of the owners of the real property legally described in that certain Preliminary Title Report issued by Provident Title Company under its above referenced title order number (hereafter referred to as Preliminary Title Report), dated NOVEMBER 20, I am not aware of any mortgages or deeds of trust outstanding against the described property, other than those shown on the Preliminary Title Report, EXCEPT: 3. I am not aware of any mechanics' liens, state or federal tax liens, or land contracts affecting the described property, other than those shown on the Preliminary Title Report, EXCEPT: 4. I am not aware of any leases, easements, rights of way, encroachments, boundary disputes, or rights of others to use the described property, other than those shown on the Preliminary Title Report, EXCEPT: 5. To the best of my knowledge, there is no work of improvement presently under way on the described property, nor has there been any such work performed within the past six months, EXCEPT: 6. I am not aware of any litigation or any other claim adverse to the title to the described property which is not shown in the Preliminary Title Report, EXCEPT: 7. To the best of my knowledge there is no one in possession or entitled to possession of said property other than the vestee shown in said Preliminary Title Report, EXCEPT: 8. This information is being supplied to Provident Title Company with the understanding that it may be considered in the issuance of any policy(ies) of title insurance, binder(s), commitment(s), guarantee(s), endorsement(s) or preliminary title report(s) on the described property. Signed this day of, at under penalty of perjury as prescribed by California Law. Declarant Declarant Address Address PAGE 10

11 THIS AFFIDAVIT, WHEN COMPLETED, IS TO BE SIGNED AND NOTARIZED BEFORE RETURNING. BE SURE TO COMPLETE ALL THE REQUESTED INFORMATION TO ENABLE THIS COMPANY TO PROPERLY PROCESS THE TRANSACTION PRESENTLY PENDING. AFFIDAVIT OF NO MORTGAGE OR DEED OF TRUST EACH FOR HIMSELF AND/OR HERSELF, DECLARE: THAT TO MY/OUR PERSONAL KNOWLEDGE THERE ARE NO ENCUMBRANCES IN THE FORM OF A MORTGAGE OR DEED OF TRUST AGAINST THE PROPERTY IN THIS TRANSACTION. THAT THIS DECLARATION IS MADE FOR THE PROTECTION OF ALL PARTIES TO THIS TRANSACTION AND PARTICULARLY FOR THE BENEFIT OF PROVIDENT TITLE COMPANY, WHICH IS ABOUT TO CAUSE TO BE INSURED THE TITLE TO SAID PROPERTY IN RELIANCE THEREON, AND ANY OTHER TITLE COMPANY WHICH MAY HEREAFTER INSURE THE TITLE TO SAID PROPERTY; THAT I/WE WILL TESTIFY, DECLARE, DEPOSE, OR CERTIFY BEFORE ANY COMPETENT TRIBUNAL, OFFICER, OR PERSON, IN ANY CASE NOW PENDING OR WHICH MAY HEREAFTER BE INSTITUTED, TO THE TRUTH OF THE PARTICULAR FACTS HEREINABOVE SET FORTH. SELLER(S)/OWNER(S) SIGNATURE: PROPERTY ADDRESS: DATE: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) SS. County of ) Subscribed and sworn to (or affirmed) before me on this day of, by, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature PAGE 11

12 615 N. NASH STREET, SUITE 308 EL SEGUNDO, CA PHONE NO. (800) INCOMING WIRE INSTRUCTIONS 100 N. Crescent Dr., Suite 125 Beverly Hills, CA Routing Number Account Name Provident Title Company Account Number Reference Number PS PAGE 12

13 EXHIBIT A THE EAST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 13 WEST, SAN BERNARDINO, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. ASSESSOR S PARCEL NUMBER:

14

15 PROVIDENT TITLE COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE 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 a nonaffiliated third party 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 the 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 Provident Title Company. 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 as 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.

16 CONDITIONS AND STIPULATIONS 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 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 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, 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Rev