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<br />MAY-12-2005 THU 09:51 AM CITY OF SAN LEANDRO <br /> <br />FAX NO. 5105773310 <br /> <br />P. 11 <br /> <br />CLTA PRELIMINARY REPORT FORM <br />USI' OF I'RlNTED ,EXCEYffONS AND EXCLUSIONS <br /> <br />1. CALIFORNIA LAl'Io'D TITLE ASSOCIATION STANDARD COVERAGE POUC\' . 1990 <br />EXCLUSIONS FROM COVERAGE <br /> <br />The following maners are expressl}' excluded from the coverage of this policy and the Compm1Y will not pa}' 10$s or <br />damage, COSIS, attomey'~ rOOf, or expenses Which aris~ by teUOn of: <br /> <br />1. (01) Any law, ordinance or governmental regulation (including but not limited 10 building or zoning lawR, (JrdinilJlCe~, <br />or regulations) restricting, t'cgulating. prohibiting or relating (i) the occupancy. use or enjoyment of tbe' land: <br />(in the cnaracrer. dimensions or location of any improvement now or hereafter erected on The land; (iii) a separation <br />in ownerlihip or II chungI.' in the dimensions or area of \ht! land ur any parcel of which the land is or was a pan; or <br />(iV) environmental protection. or the effect of any violation of these JawS. ordilUUltes or governmental regullltion,;. <br />e1>cept to the extenr thar a notice of the enforcement thereof or a notice of a defect. lien or encumbrance resulting from <br />a violation or alleged vi()larion affecting lhe land has been rerorded in the public records al Date of Policy. <br />(b) Any governmental policy power not excluded by (a) above. e1>.cept l() the extent that a notice oftbt exercise <br />thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has <br />been recorded in the PUblic records at Date of Policy. <br />2. Rights of eminent domain unless notice of tbe cxt'lrti$e thereof has been recorded in the public records at Date of <br />Policy I but not excluding from coverage any taking which na.~ ClCCUlTed prior to Pare of Policy which would he <br />binding on !:he rights of a purchaser for value." without knowledge. <br />3. Defects, Jien$. encumbrances. adverse cl aims or other mamrs: <br />(a) whether or nOI recorded in the public records at Pate of Policy, but created; suffered, assumed or agreed to by <br />the insured claimant; <br />(b) l10t t:nown to the C(lmpany. not recorded in the public record5 at Date (If Policy. but known to the mSUM <br />claimant and not disclosed in writing to the Company by the insured claimant prior to the date the it1llured claimant <br />~ame an insured under this policy; <br />(c) resulting in no 10$9 or damage to the insured claimllJlt: <br />(d) attaching or create.d subsequent to Date of Policy; or <br />(e) re.~ulting in loss or damage which woUld not have been sustained if the insured claimant had paid value for the <br />insured mortgage or for the estate or interest insured by this policy, <br />4. Unenforceability of the lien of the insured mortgage hecIlu.'le of the inability or failure of the iMured at Date of POlicy. <br />or the inability or failure of MY ~ubsequent OWlWr of the indebtedness. to comply with lhe applicable doin& business <br />laws of the SI.litt.' in which the land is situated. <br />5. Invalidity Qr unenforceabUity of the lien of the insured mongagc. or claim thereof; which arises out of the llan~ion <br />evidenced by the insured mortgage sn.d is based upon usury or ltfIY consumer credit protection or truth in lendiD& law. <br />6. Any claim, which lUise!l out of the transaction vesting in the insured the estate or interest insured by thispolicy or the <br />transaction creating the interest of the insured lender. by reason of the operation of federal banJ:ruptcy, state <br />insoh'etK)' or similar creditor's rights laws. <br /> <br />EXCEYnONSFROMCOVERAGE <br />SCHEDULE B, PART r <br /> <br />This polk')' does not insure against loss or darollge (and the Company will nOI pay COSIS, anomey's fees or ~xpenses) <br />which iIfi~ by reason of: <br /> <br />I. Taxes or assessments which are not shown as existing liens by tbl! recordS of any taxing authorit)' that levies tllX~ (IT <br />assessmcnlS on real propeny or by the public records. Proceedings by a public: IlgM(.'Y which may result in taxes or <br />assessments. or notices of such proceedinp;, whet1v:r or nol shown by the records of such lIgency or by the public <br />reeords . <br />2. Any fllCt$, rights. interest or claims ~;hich are not shown by the public records. but which could be lISccrrained by an <br />inspection of the land or which ttlay be as!lerted by persons in possession thereof. <br />3. Easements, liens or encumbnulces. Or claims thereof. which are nol shown by the public records. <br /> <br />>>Q::Lt;IC..JlI. I...... U -J. '~O'J <br /> <br />PAGE 1 OF 5 <br /> <br />MAY 12,2005 10:48 <br /> <br />5105773310 <br /> <br />Page 11 <br />