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HomeMy WebLinkAboutCDP 2024-0014; HEAL ADU; Coastal Development Permit (CDP)C cityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov [ITj SUBMITTAL INFORMATION -ALL APPLICATIONS NAME OF PROJECT: Heal ADU -4855 Sevilla Way BRIEF SUMMARY OF PROJECT: Coastal Development permit for New accessory dwelling unit -studio / one bath APPLICATIONS APPLIED FOR: Check the appropriate boxes for the application types for which you are applying. (CHECK ALL APPLICABLE BOXES) Development Permits l2J Coastal Development Permit liJ Major IS( Minor 0 Conditional Use Permit D Major D Minor D Amend/Ext. D Day Care (Large) D New D Amend/Ext. D Environmental Impact Assessment D Habitat Management Permit 0 Major O Minor D Hillside Development Permit 0 Major D Minor O Amend/Ext. D Nonconforming Construction Permit D Planned Development Permit D Residential D Non-Residential 0 Major O Minor D Amend D Precise Development Plan D Site Development Plan D Major D Minor 0 Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Major D Minor (FOR DEPT. usE ONLY) Legislative Permits (FOR DEPT. USE ONLY) G"-n'1 I\ J,4 ~ u· /\I j O General Plan Amendment Vr vu '-111 O Map O Text 0 Local Coastal Program Amendment 0 Map O Text □ M"ster Plan D New Plan □Amend □ Specific Plan O NewPlan □Amend D Zoning Change O Map O Text Misc. Permits (FOR DEPT. USE ONLY) D Planning Determination D City Planner D PC Appeal D Historic Preservation 0 Register O Mills Act 0 Reasonable Accommodation FOR CITY USE ONLY: ~\) DEV CASE NO.: 1.01)\-Qb~ REC. BY: "f LJ DATE STAMP APPLICATION RECEIVED RECFl\lED M.bP 2 8 2.'j24 NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE MADE BY APPOINTMENT OR THROUGH THE CSS ONLINE PORTAL. CITY O'-CARLSBAD Pl ANI\I '\J ~ DIVISION P-1 Paae 1 of 5 Revised 07/23 .{ City of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please call 442-339-2600 to make an appointment. •SAME DAY APPOINTMENTS ARE NOT AVAILABLE All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final deterrnination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: 367 square feet x $ 355 /sq. fl. = $,_1c.1.::•·.:.oo:..:o ______ _ ⇒ Residential Addition Square Footage: o squarefeetx$, ____ /sq.fl.=$, ________ _ ⇒ Any Garage Square Footage: o square feet x $ ____ /sq. fl. = $ ________ _ ⇒ Residential Conversion Square Footage: o square feet x $ ____ /sq. fl. = $, ________ _ ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ______ square feet x $. __ /sq. ft.=$, __________ _ COST OF DEVELOPMENT ESTIMATE: $,_1_75~,o_o_o _________ _ B. Do you wish to apply for: / 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) !YI 2. A Coastal Development Permit ($60,000 or more cost estimate) C. Street address of proposed development 4855 Sevilla Way P-6 Page 1 of7 Revised 3/22 D. Assessor's Parcel Number of proposed development 207-27-30-100 E. Development Description: - Briefly describe project: New accessory dwelling unit -1 bedroom studio type with 1 bathroom F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: Single family homes South: Single family homes East: Single family homes West: Single family homes G. Is project located within a 100-year flood plain? 0Yes i:!JNo II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? l:!J Yes D No If yes, please describe. Existing single family home constructed around 1973 B. Will any existing structure be removed/demolished? D Yes [!) No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Unimproved Area (Left Natural) Existing 1945 sq. ft. sq. ft. sq. ft. sq. ft. Page 2 of7 Progosed Total 492 sq. ft. 2437 sq. ft. 28 sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Revised 3/22 % % % % • B, Parking: Number of existing spaces 2 P-6 Number of new spaces proposed _1 _____ _ Existing/Proposed TOTAL: _3 ______ _ Number of total spaces required _3 ______ _ Number of covered spaces 2 Number of uncovered spaces _1 ______ _ Number of standard spaces 3 -------- Number of compact spaces _o _______ _ Is tandem parking existing? ls tandem parking proposed? D Yes#_Q_l:!J No OYes#_Q_i:!]No C. Grade Alteration: Is any grading proposed? D Yes D No lf yes, please complete the following: 1, 2, 3, 4, 5, Amount of cut ___________________ c.u. yds. Amount of fill cu. yds. Maximum height of fill slope feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of 7 Revised 3/22 The following materials shall be submitted for each single family residence/minor coastal developn1ent pennit application. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. I. REQUIRED PLANS (All required plans shall be collated Into complete sets, stapled together, then folded to 9" x 12" with lower right-hand corner of plan visible.) P-6 A. SITE PLAN -Four (4) copies for a Minor Coastal Development Pennit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36" sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following infonnation: 1. GENERAL INFORMATION ~a. Name, address, and phone number of registered civil engineer, licensed surveyor, landscape architect or land planner who prepared the maps/plans. Ob. Location, size and use of all easements. De. Dimensions and locations of: access, both pedestrian and vehicular, showing service i2]d. 12]e. □f. □g. □h. Di areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Distance between buildings and/or structures. Building setbacks (front, rear and sides). Location, height and materials of walls and fences. Dimensions/location of ground-mounted signs. Indicate location and layout of Photovoltaic (PV) systems as required per Ordinance No. CS-347. Show locations for roof mounted and ground mounted systems and include power (KWdc) of each separate PV system. Indicate location and layout of Electric Vehicle parking spaces/charging stations. Callout EV Charging Stations, EV Ready, EV Capable as required per CMC Title 18.21.120-150. Indicate method (PV-heat pump, solar) that satisfies hot water heating requirements per Ordinance No. CS-347. A summary table of the following {if applicable to the application): 0(1) Street address and assessor's parcel number. 0(2) Site acreage. 0(3) Existing Land Use Designation and Zoning. 121(4) Proposed land use. ~(5) Total building coverage (in square feet and as a percent). 0(6) Percent of site to be landscaped. 0(7) Number of parking spaces required/provided. 0(8) Square Footage of open or recreational space (if applicable). 0(9) Cubic footage of storage space (if applicable). 0(10) Climate Action Plan (CAP) Compliance (results from Section 11.D below) (a) Consistent with existing General Plan Land Use and Zoning -yes/no i. GHG Study required? -yes/no (b) Energy Efficiency requirement -yes/no {c) Photovoltaic requirement -yes/no i. ___ KW-de roof mounted ii. ___ .KW-de ground mounted iii. ___ .KW-de total project (d) Electric Vehicle Charging requirement yes/no i. ____ # EV Chargers ii. ____ # EV Ready iii. ____ # EV Capable (e) Hot Water Heating requirement yes/no (f) Traffic Demand Management Required yes/no Page 4 of 7 Revised 3/22 [JI. All applicable Fire Suppression Zones as required by the City's Landscape Manual. B. GRADING AND DRAINAGE PLANS: Grading and drainage plans must be included with this application. In certain areas, an engineering geology report must also be included. Please consult the Planning Division and Land Development Engineering Division representatives for a determination on any grading plan geotechnical requirements if the project is in an overlay zone. The following information shall be submitted at a minimum: 01. Approximate contours at 1' intervals for slopes less than 5%; 2' intervals for slopes between 5% and 10%; and 5' intervals for slopes over 10% (both existing and proposed). Existing and proposed topographic contours within a 100-foot perimeter of the boundaries of the site. Extend contours sufficiently out from the site to adequately show the adjacent floodplain (if applicable). 02. Earthwork volumes: cut, fill, import and export. 03. Spot elevations at the comers of each pad. 04. Method of draining each lot. Include a typical cross section taken parallel to the frontage for lots with less than standard frontage. 05. Location, width and/or size of all watercourses and drainage facilities within and adjacent to the proposed subdivision; show location and approximate size of any proposed detention/retention basins. 06. Clearly show and label the 100 year flood line for the before and after conditions for any project which is within or adjacent to a FEMA flood plain. C. BUILDING ELEVATIONS AND FLOOR PLANS -Four (4) copies for a Minor Coastal Development Permit and four (4) copies a Single Family Coastal Development Permit prepared on 24n x 36n sheet(s). Each building elevation and floor plan shall include the following information: 01. Location and size of storage areas. 02. All buildings, structures, wall and/or fences, signs and exterior lights. 03. Existing and proposed construction. 04. Provide documentation demonstrating compliance with City Council Policy 44 - Neighborhood Architectural Design Guidelines (if applicable). 05. Building Heights of all structures (top of roof and top of roof projections) D. CONCEPTUAL LANDSCAPE PLANS -Five (5) copies of the site plan shall be submitted ~ applicable. To determine if a landscape plan is required, consult Chapter 1 -Applicability in the Landscape Manual. COLORED SITE PLAN AND ELEVATION PLAN-Not required with first submittal. It is the Applicant's responsibility to bring one (1) copy of a colored site plan and one (1) set of colored elevations to the Planning Division by 12:00 noon, eight (8) days prior to the Planning Commission meeting. Do not mount exhibits. II. REQUIRED DOCUMENTS AND SUBMITTAL ITEMS ~A. A completed Land Use Review Application Form. DB. Completed Coastal Development Permit Application. De. Environmental Impact Assessment Part 1 with Coastal Development Permits. Check with Planning staff regarding Minor Coastal Development Permits and Single Family Coastal Development Permits for any environmental review requirements. OD. Climate Action Plan (CAP) Checklist -See form P-30 -Complete form to demonstrate project compliance with the CAP. Applicable measures identified in checklist must be incorporated into project design features and data incorporated into the Summary Table. P-6 1. If project meets employee ADT thresholds per checklist, include 2 (two) copies of a Transportation Demand Management (TDM) Plan with submittal. Refer to http://car1sbadca.gov/services/buildinq/tdm.asp for information, guidelines and templates. Page5of7 Revised 3/22 OE. OF. 0G. ~H. OJ. OK. Disclosure Statement. Two (2) copies of the Preliminary Tltle Report (current within the last six (6) months). Completed "Project Description/Explanation" sheet. Two copies of a completed and signed ~storm Water Standards Questionnaire" (form E-34). This fonn can be found on the City's website. (Distribute copy to Land Development Engineering). If, when completing the Storm Water Standards Questionnaire, the project is subject to "Standard Project," requirements, submit a completed and signed ~standard Proiect Requirement Checklist" (fonn E-36) in accordance with the City BMP Design Manual per the City of Car1sbad Engineering Standards, latest version. If, when completing the Stonn Water Standards Questionnaire, the project is defined as a "Priority Development Project," submit a preliminary Stonn Water Quality Management Plan (SWQMP) prepared in accordance with the City BMP Design Manual per the City of Carlsbad Engineering Standards, latest version. Refer to the city's SWQMP template (fonn E-35). Property Owne~s List and Addressed Labels: Minor Coastal Development Permit -required with application submittal 1. A typewritten list of the names and addresses of all property owners within a 100' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and any applicable Homeowners/Property Owners Association (HOA/POA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 100' radius of the subject property, all occupants within a 100' radius and the applicable HOA/POA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single- family residence, an apartment, suite or building number must be included on a separate line -DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes· PROVIDE LABELS ONLY. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave., Apt. #3 Carlsbad,CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 100' Radius Map: A map to scale not less than 1"=200' showing each lot within 100' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 6 of7 Revised 3/22 COastarDevelopment Permit Single-Family Resldence/Appealable Area -When the application is tentatively scheduled to be heard by the decision-making body, the project planner will contact the applicant and advise him to submit the radius map, two sets of the property owners list and labels. The applicant shall be required to sign a statement certifying that the information provided represents the latest equalized assessment rolls from the San Diego County Assessor's Office. The project will not go foiward until this information is received. 1. A typewritten list of the names and addresses of all property owners within a 600' radius of the subject property (including the applicant and/or owner), all occupants within a 100' radius of the subject property, and the applicable Homeowners Association (HOA). The list shall include the San Diego County Assessor's parcel number from the latest assessment rolls. 2. Two (2) separate sets of mailing labels of the property owners within a 600' radius of the subject property, all occupants within a 100' radius and the applicable HOA. The list must be typed in all CAPITAL LETTERS, left justified, void of punctuation. For any address other than single-family residence, an apartment, suite or building number must be included on a separate line. DO NOT include it on the street address line. DO NOT TYPE ASSESSOR'S PARCEL NUMBER ON LABELS. DO NOT provide addressed envelopes -PROVIDE LABELS ONLY. Acceptable fonts are: Arial 1 O, Enterprise TM or Courier NEW (TT) no larger than 11 pt. Sample labels are as follows: UNACCEPTABLE Occupant 123 Magnolia Ave., Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave .. Apt. #3 Carlsbad, CA 92008 UNACCEPTABLE Occupant 123 Magnolia Ave. Apt. #3 Carlsbad. CA 92008 UNACCEPTABLE Mrs. Jane Smith 123 Magnolia Ave. Apt. #3 Carlsbad, CA 92008 ACCEPTABLE OCCUPANT APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 ACCEPTABLE MRS. JANE SMITH APT3 123 MAGNOLIA AVE CARLSBAD CA 92008 3. 600' Radius Map: A map to scale not less than 1 "=200' showing each lot within 600' of exterior boundaries of the subject property. Each of these lots shall be consecutively numbered and correspond with the property owners list. The scale of the map may be reduced to a scale acceptable to the City Planner if the required scale is impractical. P-6 Page 7 of7 Revised 3/22 ( City of Carlsbad AUTHORIATION, CONSENT, AND DISCLOSURE STATEMENT P-1(A) Development Servi~es Planning Division 1635 Faraday Avenue 442-339-2600 www .carlsbadca.gov MAR 2 8 2024 § APPLICATION AND ACKNOWLEDGEMENT INFORMATION This submittal form (Part A through Part F) must be completed as part of your application with the City of Carl!i;bad. Your project cannot be reviewed until this information is c;pmpfeted. PART A. Owner Authorization and Consent NOTE: This Consent and Disclosure Form must list the name of the principal owners (10% or greater) and attach a copy of the current corporate articles, partnership agreement, or trust document, as applicable. Provide name(s) of the person(s} authorized to sign on behalf of the organization. (A separate page may be attached if necessary.) IF NO INDIVIDUALS OWN fl/XJRE THAN 10% OF THE SHARES, PLEASE IND/CA TE NOT-APPLICABLE {N/A) IN THE SPACE BELOW. This is to certify under penalty of perjury that the undersigned is/are the record owner{s) of the property known as: Assessor's Map Book, Page and Parcel (APN/APNs): --=20.:_:_7_:-2:.:7_:3:...-0.:.2=00:..::_ _________ _ ________________________________ ;and Street Address (if applicable): __ 48_5_5_Se_v_il_la_W_a.,_y'-, C_a_rls_b_a_d_C_A _________ _ that I/we (full legal name of all record owners) consent to the filing of the Land Use Review Appllcatlon on our property for processing by the City of Carlsbad Planning Division. I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information is true and correct. ' Name: --.r,;~==-'-'CL:::c_F-:._~'---'-.,.-"','-' ;t'=;: _-' _-'----------- Name: _-1:f>::..i(C-'(:.~.<A..A.L,=:c::.:...,=._-'-/--Je-"-'vt-"-{'----------- Signature: ________________________ _ (For additional names, please use a separate sheet of paper) Page 1 of6 P-1(A) Form Rev6/2023 lfv'JPORTANT: A Grant Deed is required if the ownership does not match city records. Ownership an the deed must correspond exactly with the ownership listed. If the owner noted on the Grant Deed does not match the person signing as Property Owner, provide paperwork documenting the person signing is authorized to sign as a Property Owner. Whenever any excavation, fill, or other project-related improvement requires entry onto adjacent property for any reason, the Land Use Review Application shall include the written consent or legal easements or other property rights of the adjacent property owner or their authorized representative, and shall include such consent with the application package. The application will not be deemed complete unless and until all necessary consent documents are so filed. The consent shall be in a form acc~ptable to the Clty Planner. tf the proposed improvements on the adjacent property change the nature of the property's development rights (or implied bundle of rights), the city might require recordation of a Covenant and Agreement for 0ffsite Improvements and Release of Liability as a condition of project approval. Does the project's limits of disturbance encroach on property not owned by the Property Owner? 0 Yes ~o If yes, attach adjacent owner authorization. PART B. Owner Declarations (to be signed by Property Owner) I/We hereby certify under penalty of perjury that I have read the information below and that: 1. I/We understand that it is the responsibility of the Applicant to substantiate the request through the requirements of the application. 2. I/We understand that if there is a zoning violation on the property, application review may be delayed. Any unpermltted structures or uses must either be removed or legalfzed at part of this application. 3. I/We understand that if this application is approved, I/we may be required to record a covenant with the County Recordefs Office, the form and content that is satisfactory to the City and its City Attorney, to notify future owners of the project approval and restrictions. 4. If this land Use Review Application Is approved or conditionally approved, I/we hereby certify that I/we will comply with all conditions attached to the approval action. I/We understand that the failure to comply with any conditions shall constitute grounds for the revocation or modification of the approval, permit, or other authorizations provided, 5. Prior to any use of the project site pursuant to the permit issued, all conditions of approval (if any) will be completed or secur~ in the~ry-stat~ required. , _ Property0wnerSignature(s): ~ ¥).,4..4...f..P/ Name(s): s--~q,i ;.kcc ! Jr~ Jd::e,y Date: s//4/:21 -I Page2of6 P·1(A) Form RevS/2023 PARTC. Project Team Information (complete all applicable fields) Applicant: D Same as Owner Iii Different from Owner Name {if different from Owner): ~T~o~n~y~O=rt~eg=a~------------------ Company or F;rm: TEO DESIGN INNOVATION INC. Contact Address: 4576 DANA DR c;ty: -~L~A~M~E~S~A~ _____ state: CA Zip Code: 91942 Agent or Representative: D Sa me as Applicant IE Different from Applicant ON/A Name {if different from Applicant): __ la_n_H_a_rn_·s ___ Q,\_.cl2ifl'Yl'-----·-~ __ e=.-,~1tl'(1ul-'--'----'-j-'-\ _. _v11Yl-7 __ .c. SDPC Company or Firm: _____________________________ _ ContactAddress: __ P_o_bo_x_1_2_4_97_9 _____________________ _ aty: San Diego State: _ __:Cc.cA.c._ _______ Z;p Code: _9_2_11_2 __ Other (specify Architect, Engineer, CEQA Consultant, etc.): _____________ _ Name: ________________________________ _ Company or Firm: _____________________________ _ Contact Address: _____________________________ _ City: ___________ State: ___________ Zip Code: ____ _ NOTE: A Letter of Authorization (LOA) from the Property Owner empowering a person or persons to act on the behalf of the Property, is required if anyone other than the Property Owner signs the Land Use Review Application as the Applicant or Agent. The authorized person (Applicant or Agent) on the LOA must correspond with the name and signature, above. PART D. Single "Point of Contact" Designation A single Npoint of contact" is an individual that handles all communications with the city and its review team for the purposes of sending and receiving appllcation materials, information, reports, etc. The point of contact is to be the single individual elected on the land Use Review Application form for all communications and to remain as the primary contact for all status updates relating to the Land Use Review Application. Single Point of Contact: □ Applicant D Property Owner IE Agent D Other ________ _ Page 3 of6 P-1(A) Fom, Rev6/2023 PART E. Contribution Disclosure Has the Property Owner, Applicant, or Agent had more than $900 worth of business transacted with any member of city staff, Boards, Commissions, Committees and/or Council within the past 12 months? D Ye~o If yes, indicate person(s): _________________ _ NOTE: Attach additional sheets if necessary. PARTF. Applicant Declarations (to be signed by Applicant) I hereby certify under penalty of perjury that I have read the information below and that; 1. I have carefully reviewed and prepared the application and plans in accordance with the instructions. 2. l understand that the specific information needed to initiate planning case processing corresponds to those items listed In the application form's "Minimum Submittal Intake Requirements Checklist." I also understand that even if the application is duly filed and accepted for intake processing, each application submitted to the Planning Division is required to have specified information included in the application packet before it is determined to be complete. The specific information to determine completeness is in "Completeness Determination Requirements Checklist." 3. The Planning Division has developed policies to help ensure that discretionary permit applications are timely processed. The Permit Streamlining Act shot clock starts on the intake date the Planning staff accepts a duly filed application. 4, I understand that once an application is determined to be complete, project or design changes that will Increase the number of units, add uses that were not previously listed, substantially change the site plan, or other changes that trigger the need for additional discretionary approvals will require a new application, or the fifing of other application permit types, which would restart the review "clockn and extend processing timellnes. s. I understand that upon city review, additional information, documents, reports, entitlements and fees might be required, including any referral fees. I understand that all fees and deposits submitted with this application will be refunded only as provided for by the ordinances, regulations, or policies in effect at the time of the application submittal. 6. I understand that it is my responsibility to ensure that statements are true, that discrepancies do not exist between the project's description on the application, the architectural plans and the structural plans. If discrepancies exist between the architectural plans and the structural plans, the architectural plans shall take precedence. Ultimately, the scope of work, as described on the permit that authorizes construction, takes precedence over the plans. If there is a discrepancy between the plans and the description on the permit, the permit governs. Page4of6 P-1(A) Form Rell 6/2023 7, I understand that all materials submitted In connection with this application might become public record subject to inspection and copying by the public. I acknowledge and understand that the public might inspect and copy these materials and that some or all of the materials might be posted on the city website or elsewhere online, outside of the city's control. 8. l understand there are no assurances at any time, implicitly or otherwise, whether provided to me in writing or by oral communications regarding final staff recommendations to the decision- making body about this application or the determination of any decision-making body. 9. If the project is approved or conditionally approved, the approved plan set of project drawings, civil plans/grading, sections, site plans, floor plans, architectural elevations, and landscape plans shall not be altered without express authorization by the City Planner. Once a permit has been issued, the Applfcant may request permit modifications. "Minor'' modifications might be granted if found by the City Planner to be in substantial conformity with the approved plan set, including all exhibits and permit conditions. Modifications beyond the scope described in the approved plan set might require submittal of an amendment to the permit and approval by the authorized review body. 10. Should any proponent of the project fail to file a timely and valid appeal of the permit within the applicable appeal period, such inaction shall be deemed to constitute acceptance of the permit by the Applicant; and agreement by the Applicant to be bound by, to comply with, and to do alt things required of or by the Applicant pursuant to all of the terms, provisions, and conditions of the issued permit or other approval. 11. As part of this application, the Applicant hereby agrees to defend, indemnify, and hold harmless the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers, and agents from any claim, action, or proceeding against the City of Carlsbad, its Council, boards and commissions, officers, employees, volunteers and agents, to attack, set aside, void or annul an approval of the application or related decision, including environmental documents, or to challenge a denial of the application or related decisions. This indemnification shall include, but not be limited to, damages awarded against the city, if any, costs of surt, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, city, and/or the parties initiating or bringing such proceeding. The Appllcant shall indemnify the city for all of the city's costs, attorneys' fees, and damages that the city incurs in enforcing the indemnification provisions set forth herein. The Applicant shall pay to the city upon demand any amount owed to the city pursuant to the indemnification requirements prescribed. Pages of6 P-1(A) FormRev6/2023 By signing below, I hereby agree to defend, indemnify and hold harmless the city and I certify that the application I am submitting, including all additional required information, is complete and accurate to the best of my knowledge. I understand that any misstatement or omission of the requested information or of any information subsequently requested might be grounds for rejecting the application~ deeming the application incomplete, denying the application, suspending or revoking a permit issued on the basis of these or subsequent representations, or for the seeking of such other and furtherre/ief as deemed by the City =~h .. •> , l Applicant Signature: ~~ ., Namec __ S)_e_,.._P\~_u_.,,_·._~(~~•;._· ··-'~•~t-/~i __ ··=:)=/~· __ Date: _37'/4~~'f1~~~Y~ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page6 of6 P·1(A) Form Rev6/2023 • PROJECT DESCRIPTION P-1 (B) Ccityof Carlsbad Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov MAR 2 8 202~ § APPLICATION INFORMATION This submittal form (Part A and Part BJ is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until this information is completed. Submittal of a detailed project description is important to ensure the timely review of your Land Use Review Application and to reduce repetitive review cycles. The following instructions detail the types of information to include in your written project description. These instructions are not exhaustive. More complex entitlement requests typically require more comprehensive information while less complex requests might require less information. The intent of this form is to provide guidance on what type of information to include in the written project description. Prior to submitting an entitlement application, review the entitlement-specific filing instructions for each application type, as well as instructions for preparing a complete site plan or tentative map, etc. A complete project description should include the following elements: ✓ Project name: Fill in the field with the name of the project, such as "Red Oak Homes" or "Benson Commercial." If no name is proposed, write the last name of the Applicant or Property Owner, plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." ✓ Applications applied for: List the various application types for which you are applying. Consult with the Planning Division to determine required application types needed to process your specific project. ✓ Assessor parcel no(s).: Include all assessor parcel numbers included that are within the project boundary. Planning staff can assist you in determining the appropriate assessor parcel number(s). ✓ Describe the complete project scope: Provide a narrative description of the proposed project including, but not limited to: project area by square footage or acreage, proposed land use(s), number of developable lots or units proposed, number of common area or open space lots, open space acreage, site access and proposed roadway and circulation improvements, parking location, design and number of spaces, existing utilities by type and location, proposed utilities by type and location, project grading with estimated quantities for cuts and fills, proposed drainage and storm water treatment improvements, project phasing, proposed square footage of amenities buildings such as recreation centers and clubhouses, proposed square footage of commercial or industrial buildings, noise barriers, proposed parks and trails, landscaping improvements and other relevant information. Project descriptions for commercial land uses should also include days and hours of operation, number patrons or customers, number of employees, typical daily traffic, proposed outdoor uses or use areas, food or alcohol sales, descriptions of promotional events including uses with outdoor amplified speech or music. Page 1 of 4 P-1(8) Form Re, 6/2023 PART A. Project Summary Information NAME OF PROJECT, _ _,_H .. ec,ae_l _cR,o,e,,s_,_A .. D,c:U"------------------------ APPLICATION PERMIT TYPES REQUESTED: Minor Coastal Development Permit ACCESSOR PARCEL NUMBERS, _..:2:.::0.:_7_:-2:.:7..:3 __ -0::_:2::_:Qc:Qc_ ________________ _ PROPERTY ADDRESS, _ _,4c,e8c,c5,c5_,S,,e,.v-"illc,accWC!Ly ___________________ _ CONTACT: D Applicant D Property Owner Iii Agent Signature: __ __c)fl:___''--· 'll1=t:.:f1.:_,: ________________________ _ Name: _ _,l,,a .. n_,H_,,ae,r_crie,s ________________ Date: _3_1_1_81_2_0_2_4 ___ _ Fully describe the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Coastal development permit to construct a 367 sq ft accessory dwelling unit on a single family developed parcel consisting of a one bedroom, one bath, with a kitchen. ADU to be a wood framed structure with wood siding and stucco finish. Page2of4 P-1 (BJ Form Rev 6/2023 • PART B. Supplemental Information Denote whether the following items are applicable to the project or if any portion of the property located within any of the following? Use an addendum sheet to further describe all items marked "yes" in this list (attach additional sheets as necessary). 1. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Government Code§ 51178 for State Responsibility Areas; or any official local maps published pursuant to Government Code§ 51178 for Local Responsibility Areas. 2. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). 3. A hazardous waste site that is listed pursuant to Government Code§ 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code§ 25356 of the Health and Safety Code. NOTE: Certification of compliance required on Form P-1 (CJ. 4. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. 5. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. 6. Any historic or cultural resources known to exist on the property. 7. The project requires any approvals under the Subdivision Map Act, such as a parcel map, a tentative map, or a condominium map. NOTE: If "yes," you may need to complete Form P-1(£) and Form P-l{F}. 8. The project require a Density Bonus Approval. NOTE: If "yes," you must complete Forms P-l{H}. 9. The project site located within the Coastal Zone. NOTE: If "yes," you may need to complete Form P-6 and/or Form P-7. Yes □ □ □ □ □ □ □ □ a. If "yes," does any portion of the property contain wetlands, as defined in Title D 14 of the California Code of Regulations§ 13577. No Ix] IX] IX] IZl □ Page 3 of 4 P-1 (B} Form Rev 6/2023 Yes No b. If "yes," does any portion of the property contain environmentally sensitive habitat areas, as defined in Public Resources Code§ 30240. NOTE: If "yes," you may need to complete Form P-17 or Form P-18. □ c. If "yes," does any portion of the property contain a tsunami run-up zone or 0 mapped inundation area. d. If "yes," does any portion of the property contain any public access to or along the coast. □ 10. The project impacts a stream or other resource that may be subject to a stream bed 0 alteration agreement pursuant to Chapter 6 (commencing with Fish and Game Code§ 1600. 11. Any portion of the property is subject to any recorded public easement, such as 0 easements for storm drains, water lines, and other public rights of way. IZl □ I/We declare under penalty of perjury that I/we have reviewed this Affidavit and the information furnished is true and correct. Name: __ la_n_H_a~r~ri_s ______________________ _ Signature: ___ J;l_,,_. _flt_c.¼c.1,_.~_· ___________________ _ This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. NOTE: The Applicant, Property Owner, or Agent should use this form when submitting project revisions to update the information provided in response to issues raised by during the course of the city's review. Page 4 of 4 P·l(B) form Rev 612023 (city of Carlsbad EIA INFORMATION FORM P-1(D) Development Services Planning Division 1635 Faraday Avenue 442-339-2600 www.carlsbadca.gov MAR Z 8 ZOZ4 §I APPLICATION INFORMATION This submittal form is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part 8 is to be completed ONLY if further environmental review and documentation is required ((i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration). State law requires that environmental review be conducted and information be made available before decisions are made and before actions are taken. Implementation of this law, called the California Environmental Quality Act, Public Resources Code §§ 21000 et seq. (CEQA), requires the city to perform an environmental assessment of every project by way of a multi-step decision tree. First, the city must determine whether the proposed activity is subject to CEQA. Second, assuming CEQA applies, the city must decide whether the activity qualifies for one of the exemptions that excuse otherwise covered activities from CEQA review. Finally, assuming no applicable exemption, the city must undertake full review and prepare an environmental document. To successfully navigate through the three tiers, the Applicant/Property Owner/Agent must work with the city to document the environmental assessment. BY SIGNING BLEOW, I/We that this form must be completed as part of the application and will be utilized by the city to expedite the project application process. I/We hereby certify that the statements furnished in the attached information and any exhibits attached hereto present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. NAME OF PROJECT, __ _,_H,_,Ec:A_,,L=-.c.:A,cDc,U,__ _________________ ~ BRIEF SUMMARY OF PROJECT: New construction of ADU 367 s.f. LOCATION, 4855 Sevilla Way, Carlsbad CA CONTACT: !Kl Applicant □ Property Owner □ Agent - Signature:----------------====~---------- Name: Tony Ortega Date, 3/18/24 NOTE: Except where circumstances dictate a different processing timeline pursuant to state law, the city will formally begin the formal evaluation of the project ofter deeming the Land Use Review Application as complete and determining the project is subject to CEQA. Page 1 of 5 P-l(D) form Rev 6/2023 PART A. Requested Environmental Clearance (All Projects) !Xl DON'T KNOW/ UNKOWN. It is unknown how CEQA applies to this project. □ CEQA APPLICABILITY -NOT A PROJECT. The requested activity associated with the application package is NOT a "project" as defined by CEQA (Public Resources Code§ 21065; CEQA Guidelines § 15378. Applicable Public Resource Code or CEQA Guidelines Sec.: --------------- □ EXEMPT FROM ENVIRONMENTAL REVIEW. An Applicant, Property Owner, or Agent contemplating using a CEQA exemption should carefully review both the Public Resources Code and the State CEQA Guidelines to determine whether specific criteria apply that may or may not be applicable to their proposed project. To assist the city in assessing whether the proposed project is exempt from further review, the Applicant, Property Owner, or Agent may be asked to provide written explanation and substantiate the requested exemption (see below). D Ministerial. The requested activity is exempt from further CEQA review because it is specifically excluded from CEQA consideration as defined by the State Legislature. These exemptions are delineated in Public Resource Code §§ 21080 et seq. and CEQA Guidelines. Applicable section: ______________________ _ □ Categorical. The requested activity is exempt from further CEQA review because it belongs to a list of classes of projects that generally are considered not to have potential impacts on the environment. Categorical exemptions are identified by the State Resources Agency and are defined in the CEQA Guidelines §§ 15300- 15333. ADDITIONAL DOCUMENTATION MUST BE ATTACHED. Written evidence must include why the quested exemption is not negated by some sort of an exception to the exemption, pursuant to CEQA Guidelines §15300.2 and Chapter 19.04 of the Carlsbad Municipal Code. D Other type of exemption, such as Agricultural Housing, Affordable Housing, and exemption for residential projects in a specific plan, etc. (Article 12.5 oft he CEQA Guidelines;§ 15182; § 15183; Public Resources Code§ 21155.1; etc.) ADDITIONAL DOCUMENTATION AND/OR CHECKLIST MUST BE ATTACHED. D ENVIRONMENTAL DOCUMENTATION REQUIRED. Environmental review is required under CEQA because the project does not qualify for an exemption. This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration) will be required to be prepared, per CEQA and Chapter 19.04 of Carlsbad's Municipal Code. The city will typically complete its initial environmental study thirty days after an application is determined complete, consistent with Public Resources Code§ 21080.2; CEQA Guidelines§ 15102, unless the timeframe is extended. Page 2 of 5 DRAFT P-l{D) form Rev 612023 PART B. Property and Project Screening Information (If Applicable) This section is to be completed only if further environmental review and documentation is required (such as an Environmental Impact Report, Mitigated Negative Declaration, or Negative Declaration. After your Land Use Review Application is complete, the City Planner will request the preparation of an Initial Study, which will rely, in part, on the information provided in this form. If you believe that a previously completed CEQA document adequately addresses the environmental impacts of the proposed project, a Petition for Use of Prior CEQA Document or tiering checklist (as required by CEQA) may be filed which will be reviewed and considered. It is important to note that the details of the request must be carefuffy evaluated and Planning staff's recommendation or decision far environmental review may change. NOTE: If you have any questions regarding what constitutes an environmental resource of concern, Planning staff may be contacted for further information. The cfarity and accuracy af the information you provide is critical for purposes af quickly determining the specific environmental effects of your project. 1. Describe each item as it relates to the PROJECT SITE: a. Existing land uses/ structures: _ _:S=.i::.n:;;g,::le::...:.fa=m=il,_y_:r..:e:::sc:id=-e=-nccc=-e,_ __________ _ b. Topography/ slope: -~R~e~la~t"iv"e~ly~fla~t~----------------- c. Vegetation: Landscaped d. W;ldlife, N/A Developed property e. Surface waters: __ Nc::c/A_:_ _______________________ _ f. Cultural/ historical resources: _ __,N-"/"-A_,__ __________________ _ g. Othec, _ _,_,N"-'/A:,_ ______________________ _ 2. Describe each item as it relates to the SURROUNDING AREA: a. Existing la nd uses / structures: _ ___.:,S:ci nccga:l:::ec:f:::a::.mccie,IY'--"d:::ec:.v:::e:.:lo"p"e"d:..:.:n:::e::;ig"h-"b=-o=-r::.h:.:o:.:o:.:d:._ ___ _ b. Topography/ slope: _ __ccRcce,,la,,t:.:iv"e"lyc..flccacct~ _______________ _ c. Vegetation: Existing landscaped neighborhood d. Wildlife: N/A e. Surface waters: _:.:N,,IA_,_ _______________________ _ f. Cultural/ historical resources: _N=/A_,_ __________________ _ g. Othec, _...JN'-'lu:A,__ ______________________ _ Page 3 of 5 DRAl·T P-1 (DJ Form Rev 6/2023 ' 3. Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. New detached accessory dwelling unit -367 sq. ft. 4. What steps can be taken to mitigate any adverse effects that may result from this project? List the adverse effect first, then the mitigation measure(s) to reduce that effect. Low impact design Are the following items applicable to the project or its effects? Discuss all items checked "yes" (attach additional sheets as necessary). Yes No s. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 6. Change in scenic views or vistas from existing residential areas or public lands or roads. 7. Change in pattern, scale or character of general area of project. 8. Significant amounts of solid waste or litter. 9. Change in dust, ash, smoke, fumes or odors in vicinity. 10. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 10. Substantial change in existing noise or vibration levels in the vicinity. 11. Site on filled land or on slope of 10 percent or more. 12. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. □ □ □ □ □ □ □ □ □ 13. Substantial change in demand for municipal services (police, fire, water, sewage, 0 etc.). 14. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 15. Relationship to a larger project or series of projects of the same type in the same general area. □ □ Ix] 00 IZl IZl 00 00 Ix] IZl 00 00 Page 4 of 5 DRAFT P-l(D) Fonn Rev 6/2023 Yes No 16. Site with tree groves, rock outcroppings, or similar resources. D [xi 17. Site with sensitive plant or animal habitats, defined by the California Endangered D [xi Special Act (Fish and Game Code §§ 2050 et. seq.) or the Federal Endangered Species Act (16 U.S.C. §§et.seq.); or sensitive, rare, candidate species of special concern; endangered or threatened biological specials or their habitat (specifically including sage scrub habitat for the California Gnatcatcher); or the site is immediately adjacent to a corridor or larger area which has wildlife movement. 18. Site has known archaeological or cultural resources from either historic or D IXl prehistoric periods. 19. Site has buildings or structures, including houses, garages, barns, commercial D [Z] structures, etc. with extant architecture that are usually more than 45 years old. NOTE: The city requires completion of this form for informational purposes. An affirmative response to any of the items does not necessarily trigger special or additional CEQA review. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form to help expedite the city's environmental review but IS NOT required to complete your application. Formal environmental review does not begin the Land Use Review Application is determined to be complete. A few statutes or ordinances require agencies to make decisions on permits within time limits that are so short that review of the project under CEQA time limits would be difficult. To enable the city to compty with the Permit Streamlining Act and CEQA, the case planner will deem an application for a project not received for filing under the statute or ordinance until such time that progress toward completing the environmental documentation required by CEQA is sufficient to enable the city to finish the CEOA process within the shorter permit time limit. This form must be stapled/attached to the application and shall be effective until replaced or revoked in writing. Page 5 of 5 DRAFT P-l(D) Form Rev 6/2023 { City of Carlsbad FINANCIALLY RESPONSIBLE PARTY STATEMENT P-1(J) Development Services Planning Division 1635 Faraday Avenue (442-339-2600 www .carlsbadca.gov MAR 2 8 2024 ;:;, lBJ APPLICATION INFORMATION This submittal form Is to be completed as part of your application with the City of Carlsbad. Your project cannot be reviewed until Part A is completed. Part B Is to be completed only when there is a change In assignment and there Is a new Financially Responsible Party. PART A. Assignment It is the policy of the City of cartsbad to recover the actual cost of processing Land Use Review Applications, including all time spent by city staff to review, refer, and coordinate land development applications. The fee amounts are set by ordinance or resolution to cover the estimated costs of processing the application package. Actual costs may vary substantially due to project location, environmental issues, planning constraints, appeals or code/ordinance compliance. The Property Owner, Applicant, or Agent is required to submit proof of payment for the required Intake fee amount for each application permit type. The amount due and to be received by the city must be based on the Master Fee Schedule In effect at the time of payment, regardless of the original estimate or costs paid to process prior projects. The person named as Financially Responsible Party in this document Is person or persons responsible for depositing, transferring, or has previously sent funds to process the following appllcatlon. PROJECTNAMe,_~fi~e'Q,~[ _R_..c,es,___,A'---'-h~u ________ _ BRIEF PROJECT SUMMARY: -~A~\).._\"-}__._, ="-~k="=k~y'f-'"'="=J-~/)~t-~!f'-("'i~~-,/.;,_,_. __ PROJECT LOCATION: _~'-/_8'_5_S_]=e-~_; l~1~_41~"~¥1-+\ _(~<t~r~/ s~/2=c;_),~_C_A_1_J oo_i Said fees or deposits and any subsequent fees or deposits are made on behalf of the person, corporation or partnership named below as the "Financially Responsible Party." With reference to said application and fees or deposits, the Financially Responsible Party hereby acknowledges and agrees as follows: 1. Said initial payment, deposit, and any subsequent payments or deposits shall be held by the city In an account under the name of the project and/or Ananclally Responsible Party, and the funds remaining in said account at the completion of work or withdrawal of the application shall be refunded to the Financially Responsible Party at the address below. In the case that the Financially Responsible Party transfers ownership of the subject property and wishes to transfer responsibility of the Deposit Account to the new owner, a Change of Financial Responsibility Form must be completed to authorize transfer of ownership of funds In said account (Section 3 of this document), The Flnanclally Responsible Party may contact the assigned planner to request a new form. Page1of3 P-1(J) Fonn Rev7/2023 2. All costs incurred by the city in processing said application, including overhead, whether within or over the is the Rnancially Responsible Party's personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes in Financially Responsible Party's business organization, or any other reason. "Costs incurred by the city" as identified In this paragraph may Include costs for the services of an outside contractor for third party review, including environmental evaluation. Where the City Planner determines it is necessary to engage the services of an outside contractor to assist with application processing, costs for such services are to be paid by the Financially Responsible Party in the same manner identified above. 3. If the Financially Responsible Party withdraws an application, the City Planner will cease processing of the application within one day and will proceed with the case closure process. The Financially Responsible Party is responsible for all case closure costs. Case closure costs wlll be minimized to the maximum extent practicable. The Financially Responsible Party is a (check one): □Other: ____________ _ □ Applicant fJ Property Owner □ Agent Financially Responsible Party's Legal Name: ----'~"'-'C~9-="'-'---'H'-e"""'-'/ _______ _ Address: 4 8,5 5 'Se v:f f" lJ c.:.7 City: { O..( Is bvi State: CA ZipCode: _~=Jro=.:cg __ Phone: 1blJ ->}7-20{{ Email: _ _,eS..::e:,:"-,,;"c:·c,C.:..· ..:.h:::e.:: • .,_I @._""''+"'"':::.''c:.'1.:.-..:<:::0~"1.!...,. ___________ _ By signing below, I/We have read this form and agree to all terms and limitations provided for applicatlon intake and processing. I understand and agree that as the Financially Responsible Party, I/We are responsible for payment of all fees associated with this project including all hourly or other fees which might accrue during the review and/or posNssuance whether the permit issued or whether the application Is canceled or denied before the permit is issued. Financially Responsible Party Signature:_~~~-~ __ ,_ ___ Date: 3 /;~a'f Print Name: -=S'-'e=a.""'---'~.!.e_11..cc.l __________________ _ The information about the Financially Responsible Party provided above must be 100% accurate. If there Js a refund, the check will be mailed to the name and address stated below. If the information stated on this form is inconsistent with our system, the Financially Responsible Party must clarify and correct before the application can be deemed complete. Also, a Letter of Authorization (LOA) is required if the Financially Responsible Party is a "company", stating that the Agent has the authority to complete and sign this form. Page 2 of3 P·1(J) Fonn Rev712023 PART B. Change in Assignment (New Responsible Party) This portion of the submittal form is to be completed when the Financially Responsible Person changes during the course of processing the application with the City of Carlsbad. Transferring from (to be completed by current Financially Responsible Party): I,----------------~ hereby assign and transfer all rights and financial responsibilities for the following application: PROJECT NAME: ________________________ _ BRIEF PROJECT SUMMARY: ____________________ _ PROJECT LOCATION: _____________________ _ PLANNING CASE NOS.: ____________________ _ Current Finallcially Responsible Party Signature: _______________ _ Print Name: __________________ Date: _______ _ Acceptance of Transfer (to be completed by the new Rnanclal Responsible Party): I,-----------~ hereby accept financial responsibility for the above-mentioned project from __________ (FRP, Part A.), effective date. _____ ~ New Financially Responsible Party's legal Name: _______________ _ Address: ___________________________ _ City: ______________ State: ___ Zip Code: ______ _ Phone: _____________ Cell Phone: ___________ _ Email: ____________________________ _ New Financially Responsible Party Signature: ________________ _ To be stapled/attached with receipt to the application and shall be effective until replaced or revoked in writing. Page3 of3 P.1(J) Form Rev7/2023 Development Services Planning Division 1635 Faraday Avenue (442) 339-2610 www.carlsbadca.gov PURPOSE CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 MAR Z 8 ZOZ4 r;-, (._ City of Carlsbad In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the Climate Action Plan (CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas {GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). * *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Climate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S(b). Please consult with the Planning Department for further guidance. Additional information may be found on the Climate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that require discretionary review. The specific applicable requirements outlined in the checklist shall be required as conditions of project approval for CAP compliant projects with streamlined GHG emissions assessments. This checklist (i.e. Form P-30) is complementary to the checklist provided in Form B-50, which is specific to building permits and required for building permit applications. APPLICATION SUBMITTAL REQUIREMENTS • The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessary to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate ful1 compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. • Details on CAP ordinance requirements are available on the city's website. P-30 Page 1 of8 Revised 6122 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTCO2e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Act (CEOA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. (Check the appropriate box and provide an explanation and supporting do:cumentation for your answer) A. ls the proposed project consistent with the existing General Plan land use and specific/master plan or zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project include a land use plan and/or specific plan, master plan or zoning designation amendment that would result in an equivalent or less GHG-intensive project when compared to the existing designations? Yes No □ If "Yes", proceed to Step 2 of the checklist. For the second option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for comparison. GHG emissions must be estimated in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan. If "No'', proceed to Question B. B. The CAP established a screening threshold of 900 MTC02e/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects listed below have been determined to correspond to the CAP screening threshold. Will the proposed land use change result in the construction of less than any one of the following? • • • • Single-Family Housing: SO dwelling units MulMamily Housing: 70 dwelling units Office: 35,000 square feet Retail Store: 11,000 square feet Grocery Store: 6,300 square feet Other: If the proposed project is not one of the above types, provide a project-specific GHG emissions analysis to determine whether it is below the 900 MTCO:ie/year screening threshold. If "Yes", proceed to Step 2 of the checklist. □ □ If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA Applicant must prepare a Self-developed GHG emissions reduction program in accordance with the City of Carlsbad Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the applicable measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with California Environmental Quality Act Guidelines Section 15091. Mitigation in lieu of or in addition to the measures in Step 2 may be required, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Checklist. P-30 Page 2 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Applicant Name/Co.: Applicant Address: Contact Phone: Heal ADU 4855 Sevilla Way/ 207-273-0200 Ian Harris -San Diego Permit Company, Inc Po Box 124979 San Diego, CA 92122 619-395-7275 Contact Email: lan@sdpermitco.com Contact information of person completing this checklist (if different than above): Name: Company name/address: Ian Harris Po Box 124979 San Diego, CA 921 12 Contact Phone: 619-395-7275 Contact Email: ian@sdpermllco.com Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project. If your project includes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 760-602-2719 or by email at building@carlsbadca.gov. Estimated Building Permit Valuation (BPV): $~1~7-5,-0_0_0 _______ _ Alterations: BPV < $60,000 □ BPV 2 $60,000 □ Electrical service panel upgrade □ BPV ~ $200,000 BPV 2 $1,000,000 □ New construction P-30 N/A 1A and 4A 4A lA and 4A 28 Page 3 of 8 All residential alterations 1-2 family dwellings and townhouses with attached garages only Multi-family dwellings only where interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed Multi-family dwellings only where 2$1,000,000 BPV AND affecting ~75% existing floor area Revised 06/22 City of Carlsbad Climate Action Pl an Consistency Checklist D Alterations: g BPV .!: $200,000 or additions ~ 1B, 5 1,000 square feet g 8PV .!: $1,000,000 18, 28 and 5 Building alterations of.!: 75% existing gross floor area g ~ 2,000 sq. ft. new roof addition 2B and 5 18 also applies if BPV;,: $200,000 Please refer to carlsbad Ordinance No. CS-437 for more information when completing this section. A. D Residential addition or alteration e?: $60,000 building permit valuation. See Ord. cs-437. Year Built Single-famlly Requirements □ Before 1978 Select one: □ 0uct sealing □ Attic insulation □Cool roof □ 1978 and later Select one: O Lighting package O Water heating package 0 Between 1978 and 1990 0 1991 and later B. D Nonresidential• new construction or alteration.s i!: $200,000 building permit valuation, or additions i!: 1,000 square feet. See CALGreen Appendix AS, as amended in CS437. AS.203.1.1.l O Outdoor lighting: .90 Allowed Outdoor Lighting Power AS.203.1.1.2 O Restaurant service water heating (comply with califomia Energy Code Section 140.5, as amended) AS.203.1.2.1 Choose one as applicable: □ .95 Energy budget 0 .90 Energy budget AS.211.t.•• 0 On-site renewable energy AS.211.3 .. O Green power (if offered by local utility provider, 50% minimum renewable sources) AS.212.1 □ Elevators and escalators 121 N/A New detached ADU unit 0 Exception: Home energy score~ 7 (attach certification) Multi-family Requirements D Attic insulation Select one: D Attic insulation □ Duct Sealing □Cool roof Select one: D Lighting package D Water heating package 0 N/A _________ _ 0 N/A 0 N/A 0 N/A 0 N/A 0 N/A 0 N/A P-30 Page 4 of 8 Revised 06122 City of Carlsbad Climate Action Plan Consistency Checklist AS.213.l 0 Steel framing 0 N/A • lndudes hotels/motels and high-rise residential buildings •• For alterations 2! $1,000,000 BPVand affecting> 75% existing gross floor area, or alterations that add 2,000 square feet of new roof addition: comply with California Energy Code section 120.10 instead. A O Residenial lllWcmstru;tioo REfer to c.artsbad Odinance No. CS-437 fa~ \MUI amends SectiCl'I lSQ.l{c) d the CIC fa silllle-farrily residential; ard Sectioo 170.l(d) d the CIC for nuti-farrilyrequiremel1s. ~e: if ptject Includes installation d an ele1ric heat~ WJter heater pl.l'SUilrt to c.artsbad ordinance CS447, inaease svstem size by .3k\Mic if PV offset optia, is selected. Floor Plan ID (use additional CFA #d.u. Calculated kWdc• Exception sheets if necessary) 367 1 121 Ex!;;~i;itiQD B -!.ess tb~a 1 8KWd!: Total System Size: 1.35 kWdc = (CFAx.5721 / l,OOO + (1.15 x #d.u.) •Formula calculation where CFA = conditional floor area, #du= number of dwellings per plan type If proposed system size is less than calculated size, please explain. 0 0 0 kWdc B. 0 Nonresidential and hotel/motel new construction; or major alterations to nonresidential, hotel/motels, and multi-family residential ~1,000,000 BPV and affecting 2:75% existing floor area, or addition that increases roof area by U,000 square feet Please refer to Carlsbad Ordinance CS-437 when completing this section.• Choose one of the following methods: C Gross Floor Area (GFA) Method GFA: O If< 10,000s.f. Enter: S kWdc Min. System Size: ___ kWdc 0 If~ 10,000s.f. calculate: 15 kWdc x (GFNl0,000) u **Round building size factor to nearest tenth, and round system size to nearest whole number. O Time• Dependent Valuation Method Annual TDV Energy use: .. • x .80= Min. system size: ____ kWdc ... Attach calculation documentation using modeling software approved by the California Energy Commission. • New CEC standards also require battery storage systems meeting the requirements rf Reference Joint AppendixJA12 of the CEC. P-30 Page Sof 8 Revised 06122 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residertial newcmstndim Please refer to Carlsbad Ordinance CS-437 when completing this section. g For systems serving individual dwelling units and achieving 60% of energy needed from on-site solar or recovered energy, choose one: □ Single 240-volt heat pump water heater AND compact hot water distribution AND Drain water heat recovery (low- rise residential only) g Single 240-volt heat pump water heater AND PV system .3 kWdc larger than required. g Heat pump water heater meeting NEEA Advanced Water Heating Specification Tier 3 or higher. g Solar water heating system with electric backup that is either .60 solar savings fraction of 40 s.f. solar collectors. □ Gas or propane system with a solar water heating system and recirculation system (;zl Exception: The size of the unit makes this infeasible g For systems serving multiple dwelling unit.sand achieving 60% of energy needed from on-site solar or recovered energy, install a central water-heating system with all of the following: □ Recirculation system □ Solar water heating system that is either: g .20 solar savings fraction g .15 solar savings fraction, plus drain water heat recovery O~ai: B. D Nonresidential new construction Please refer to Carlsbad Ordinance CS-437 when completing this section. g Water heating system derives at least 40% of its energy from one of the following (attach documentation): g Solar-thermal g Photovoltaics g Water heating system is (choose one): g Heat pump water heater □ Electric resistance water heater(s) g Solar water heating system with .40 solar savings fraction D Exception: P-30 Page 6 of 8 g Recovered energy Revised 06122 City of Carlsbad Climate Action Plan Consistency Checklist A. D Residential -New construction and major alterations* Please refer to Carlsbad Ordinance CS-437 when completing this section. □ One and two-family residential dwelling alterations with no electrical panel upgrade (No EV space required) □ ADU (no EV space required when no additional parking facilities are added) Ii) One and two-family residential dwelling or townhouse with attached garage: Iii One EVSE ready parking space required □ Exception : □ Multi-family residential: Total Parking Spaces Proposed for New c.onstnldl'on Total l>roposed or Altered Spaa!S (Major Alterations)** capable (10% d proposed) Calculations: Total EVSE spaces= .10 x Total parking (rounded up to nearest whole number) EVSE Installed= Total EVSE Spaces x .SO (rounded up to nearest whole number) EVSE other= Total EVSE spaces-EVSE Installed (EVSE other may be "Capable,• "Ready" or "Installed.") Total Total *Major alterations are: (1) for one and two-family dwellings and townhouses with attached garages, alterations have a building permit valuation~ $60,000 or include an electrical service panel upgrade; (2) for multifamily dwellings (three units or more without attached garages), alterations have a building permit valuation~ $200,000, interior finishes are removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed. **When new parking facilities are added, or electrical systems or lighting to existing parking facilities are added or altered and the work requires a building permit, 10% of the total number of parking spaces or altered shall be EV Capable. This is NOT a CAP checklist requirement, but is included to coordinate CEC compliance early in the planning process B D Nonresidential new construction (includes hotels/motels) □ Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready Installed Total Calculation· Refer to the table below· Total Number of Parkin~ Spaces provided Number of reauired EV Spaces (Capable) Number of required EVSE Installed Spaces □ 0-9 1 1 □ 10-25 4 1 □ 26-50 8 2 □ 51-75 13 3 □ 76-100 17 s □ 101-150 25 6 □ 151-200 35 9 □ 201 and over 20 percent of total 25 percent of EV Capable P-30 Page 7 of 8 Revised 06/22 City of Carlsbad Climate Action Plan Consistency Checklist A. list each proposed nonresidential use and gross floor area (GFA) allocated to each use. B. Employee AOT /1,frJJ square feet is selected from the City of carlsbad Employee ADT Table. Use GFA Employee AOT/1,000 S.F. Total Employee ADT Total If total employee AOT is greater than or equal to 110 employee AOT, a TOM plan is required. •NOTE: Notwithstanding the 110 employee AOT threshold above, General Plan Mobility Element Policy 3-P.ll requires new development that adds vehicle traffic to vehicle LOS-exempt street facilities to implement TOM and transportation system management strategies. Please consult with City of Carlsbad Land Development Engineering (LOE) staff to determine whether this policy applies to your project. TOM plan required: Yes O No !:J LOE Staff Verification: □ _____ (staff initials) P-30 Page 8 of 8 Revised 06/22 . ' (city of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov • """"', •• , ••-,-,..,er'"''''""'<>>'' • ,.,,., .. ,ill!, I '°'"-'' ~-,hl1 < ~~"-r'' ' ~·';'.;r,),p:,t/J_re:,:_,_1f,i:'tl~'i:•\;:~'y-"Ji.1'f-,.-~ "'f;\tm1;,i:,l} \, , , • .. ,'i<1,<11<>f ... , ~4MifrJ,'1}t,.\; ''-"· .1;,,,,.•J~'I\'~ , ,;,;",<,-,~;>,:,s~.-:,.,"','~-,.":w·,·",,\1,f'i•,,"Awi"'-cf#, '>'•,•.~. ,.,,.,.,w:-,,. '<¥,~.;:-.,, ,..,, ,.,;ti.,u.,.,.-,,. To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements, "PRIORITY DEVELOPMENT PROJECT (PDP) requirements or not considered a development project. This questionnaire will also determine if the project is subject to TRASH CAPTURE REQUIREMENTS. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrent! . PROJECT NAME: Heal ADU APN: ADDRESS 4855 Sevilla Way, Carlsbad CA 207-273-0200 The project is (check one): 1.81 New Development D Redevelopment The total proposed disturbed area is: 492 sq ft ft.2 ( -011 ) acres The total proposed newly created and/or replaced impervious area is: 492 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID_N_IA ______________ SWQMP #: _N_IA _______________ _ Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only YES NO Date: Project ID: City Concurrence: □ □ By: E-34 Page 1 of 4 REV 04/23 ' . _,,, To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ llsl If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant infonnation. Justification/discussion:.(e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets uidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ 181 □ 181 □ 181 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... "and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page2of4 REV 04/23 • 1. ls your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside develo ment ro·ect includes develo ment on an natural slo e that is twen -five ercent or reater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project site? A street, road, highway, freeway or driveway is any paved impervious surface used for the trans ortation of automobiles, trucks, motorc c/es, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly toll includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated now from the roject ta the ESA (i.e. not commingled with nows from ad"acent lands.* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard lndustrtal Classification (SIC) codes: 5013 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? YES NO □ 181 □ 181 □ 181 □ 181 □ 181 □ 181 □ 181 □ 181 □ 181 □ 181 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC D ~ 21.203.040 If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, complete the trash capture question. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture question. • Environmentally Sensitive Areas include but are not limited to all Clean Waler Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with Ille RARE beneficial use by tile State Waler Resources Control Board (Water Quality Control Plan for tile San Diego Basin (1994) and amendments): areas designated as preserves or their equivalent under tl-e Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan: and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page 3 of4 REV 04/23 • Complete the questions below regarding your redevelopment project (MS4 Pem,it Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A}= 4,o97 sq. ft. ~ Total proposed newly created or replaced impervious area (8) -529 sq. ft. Percent impervious area created or replaced (B/A)*100 = 12-9 % □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, complete the trash capture question. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, complete the trash capture question. Complete the question below regarding your Project (SDRWQCB Order No. 2017-0077): YES NO Is the Project within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General D 18! Commercial), L (Local Shopping Center), R (Regional Commercial), V-8 (Village-Barrio), VG (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Trans ortation Station If you answered "yes", the 'PROJECT' is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the first box stating, "My project is subject to TRASH CAPTURE REQUIREMENTS ... "and the second or third box as determined in step 3. Jf ou answered "no", Go to ste 6, check the second or third box as detennined in ste iI}iP'.i;;~~i}[ti{tl~illi □ My project is sllbject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP). 18] My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a • Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. If my project is subject to TRASH CAPTURE REQUIREMENTS, I will submit a TRASH CAPTURE Storm Water Quality Management Plan (TCSWQMP) per E-35A. D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand J must prepare a Storm Water Quality Management Plan (SWQMP) per E-35 template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: Ian Harris Applicant Title: Agent ------:c---------· -----------~ Applicant Signature: v,t;l ~; Date: 2/23/2024 ----~~------ E-34 Page4of4 REV 04123 • (city of Carlsbad STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov :t'i"'i,"•;' -~.-r/,1''+•-';h~,, ,-,At><'>;Rf.,-<:,,, rl -"-·,~i;<i')'~''''>r.t ~,;c,: o,V/i,'Ot;•if/,.,o. ;, '%)';h~~-,-,. -l'l"-t"'la,'d;,W~'i,r;,_~½""t·tr,l-/'1-:'"f:~;;;J':r:-::'c''-'i''~r ;,.u,,--'1"-)i"':4~•-»'f""i~' ~.';!': ;;-0 ,~t::'-~}~•t~:i:i::"lfa,¥>0;:.:~f~Jf'01it;~,,~~~;,<::-qr~--M J/t,'i,:.,-:!\cr, t¾-~rQ: ~-c. .,. !,l';VU-'J."',m,~J~1Jw.','l".-'.SY:;. v:,_:;i:: ,::t-,trif,<ttJ-,,N,--~l/2'.f\J.-.-l:".-~1~·-··'.'::tPr Project Name: Heal ADU Project 10: DWG No. or Building Permit No.: csR202:.-5191 ·t,-'-.'N~• -"'<If;::;••;·· ,-,,~" -" ' " -· • '·•, I'. " ~t. '• ;, Complete the Table 1 -Site Design Requirement to document existing and proposed site features and the BMPs to be implemented for them. All BMPs must be implemented where applicable and feasible. Applicability is generally assumed if a feature exists or is proposed. BMPs must be implemented for site design features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. 1. Check the boxes below for each existing feature on 1. Select the BMPs to be implemented for each identified feature. Explain the site. why any BMP not selected is infeasible in the area below. 1. Check the boxes below for each proposed feature. SD-G Conserve natural features SD-H Provide buffers around waterbodies 2. Select the BMPs to be implemented for each proposed feature. ff neither BMP SD-B nor SD-I is selected for a feature, explain why both BMPs are infeasible in the area below. SD-B Direct runoff to pervious areas SD-I Construct surfaces from aterials Minimize size of impervious areas □ Streets and roads D Check this box to confirm f-'~ccc----c..---,,---===------f--------,sr----+------,-,--------1 that all impervious areas on Iii Sidewalks & walkways the site will be minimized □ Parking areas & lots where feasible. □ Driveways [ii Patios, decks, & courtyards □ Hardcourt recreation areas E-36 Page 1 of 4 If this box is not checked, identify the surfaces that cannot be minimized in area below, and explain why it is Revised 04/23 □Other: ______ _ □ infeasible lo do so. C. Iii BMPs for Rooftop Areas: Check this box if roofl.op areas are proposed and select at least one BMP (see Fact below. Sheet BL-3) If no BMPs are selected, explain why they are infeasible in the area below. 1!!1 SD-B Direct runoff to pervious areas oso-c Install green roofs D5D-E Install rain barrels D. □ BMPs for Landscaped Areas: Check this box if landscaping is proposed and select the BMP below □ SD-K Sustainable Landscaping (see Fact Sheet BL-4) If SD-K is not selected, explain why it is infeasible in the area below. Provide discussion/justification for site design BMPs that will not be implemented (either partially or fully): Existing landscaping will not be disturbed besides what is being removed for proposed ADU unit. All development projects must complete Table 2 -Source Control Requirement to identify applicable requirements for documenting pollutant-generating sources/ features and source control BMPs. BMPs must be implemented for source control features where feasible. Leaving the box for a BMP unchecked means it will not be implemented (either partially or fully) either because it is inapplicable or infeasible. Explanations must be provided in the area below. The table provides specific instructions on when explanations are required. A. Management of Storm Water Discharges 1. Identify all proposed outdoor work areas below 0 Check here if none are proposed Iii Trash & Refuse Stora e Iii Materials & E ui ment Stora e E-36 2. Which BMPs will be used to prevent materials from contacting rainfall or runoff? (See Fact Sheet BL-5) Select all feasible BMPs for each work area ' SC-A SC-B sc-c Overhead Separation Wind covering flows from protection adjacent areas 1,1 □ • Page 2 of 4 3. Where will runoff from the work area be routed? (See Fact Sheet BL-6) Select one or more option for each work area SC-D SC-E Other Sanitary sewer □ □ Containment system Revised 04123 • • D Loadino & Unloadino □ □ □ □ □ □ D FuelinCJ ' ' □ ' □ □ Maintenance & ReClair '-' □ □ ' ' ' D Vehicle & Enuirment Cleaninn □ I I • J □ I I □ Other: □ I I I I I • □ B. Management of Storm Water Discharges (see Fact Sheet BL-7} Select one or lion for each feature below: • Storm drain inlets and catch basins . .. II are not proposed □ will be labeled with stenciling or signage to discourar:e dum"ino ISC•Fl • Interior work surfaces, floor drains & II are not proposed □ will not discharge directly or indirectly to the MS4 sumps ... or receiving waters • Drain lines (e.g. air conditioning, boiler, II are not proposed D will not discharge directly or indirectly to the MS4 etc.) ... or receiving waters • Fire sprinkler test water .. II are not proposed □ will not discharge directly or indirectly to the MS4 or receivinr. waters Provide discussion/justification for source control BMPs that will not be implemented (either parlially or fully): E-36 Page 3 of 4 Revised 04123 This E-36 Form is intended to comply with applicable requirements of the city's BMP Design Manual. I certify that it has been completed to the best of my ability and accurately reflects the project being proposed and the applicable BMPs proposed to minimize the potentially negative impacts of this project's land development activities on water quality. I understand and acknowledge that the review of this form by City staff is confined to a review and does not relieve me as the person in charge of overseeing the selection and design of storm water BMPs for this project, of my responsibilities for roiect desinn. Preparer Signature: /7 4-k j Date: 2/23/2024 f--------'A, TW«,;, __________ -1_ _____ ------i Print nrenarer name: Ian Harris E-36 Page4of4 Revised 04/23 • • G Fidelity National Title 1J Fidelity National Title -SD 7~5 Mission Valley Road, Suite 100 Fidelity National Title -SD 7565 Mission Valley Road, Suite 100 San Diego, CA 92108 Phone: (619)725-2100 Preliminary Report Property Address: 4855 Sevilla Way, Carlsbad, CA 92008-3816 Introducing Title Officer: Kevin Mccalley Email: Kevin.McCalley@fnf.com Phone No.: (619)725-2100 File No.: 9922402529 LiveLOOK title docu!Tl:!nt delivery system is designed to provide 24/7 real-tirre access to all information related to a title insurance transaction. Access title reports, exception docurrents, an easy-to-use summary page, and rrore, at your fingertips and your convenience. To vjew your new Fidelity National Title First Alert powered by LiveLOOK report, Click Here Effortless, Efficient, Compliant, and Accessible MAR 1 8 7n74 .. PRELIMINARY REPORT 8 Fidelity National Title Company- 7565 Mission Valley Road, Suite 100 San Diego, CA 92108 Prelim Number: 9922402529 Issuing Policies of Fidelity National Title Insurance Company Fidelity National Title Company 7565 Mission Valley Road, Suite 100 San Diego, CA 92108 Phone No.: (619)725-2100 Fax: Sean Heal 4855 Sevilla Way Carlsbad, CA 92008 Attn: Ref. No.: Property: 4855 Sevilla Way, Carlsbad, CA 92008-3816 Title Officer.: Email: Phone No.: Fax No.: File No.: Kevin Mccalley Kevin.McCalley@fnf.com 6197252215 9922402529J In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions 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 Attachment One. 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 Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Fidelity National Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One 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. Countersigned By: Authorized Officer or Agent Steve Stokes CL TA Preliminary Report Form· Modified {Adopted: 11.17 2006) Page 1 Printed: 03.23.24 @ 03:27 PM CA-FT-FSDG-01500.071026-SPS·t-24-9922402529 FIDELITY NATIONAL TITLE COMPANY Effective date: March 14, 2024 at 07:30 AM The form of Policy or Policies of Title Insurance contemplated by this Report is: ALTA Homeowner's Policy of Title Insurance 2021 ALTA Loan Policy 2021 PRELIM NO. 9922402529 1. The estate or interest in the Land hereinafter described or referred to covered by this Report is: AFEE 2. Title to said estate or interest at the date hereof is vested in: Sean Heal and Breanne Heal, husband and wife as community property 3. The Land referred to in this Report is described as follows: SEE EXHIBIT "'A"' ATTACHED HERETO AND MADE A PART HEREOF CL TA Preliminary Report Form. Modified (Adopted: 11.17.2006) Page 2 Printed 03 23 24@ 03:27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 For APN/Parcel ID(s): 207-273-02-00 EXHIBIT A Legal Description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 140 OF LAGUNA RIVIERA UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7260 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1972. EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBONS LYING 500 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY TO REMOVE SAME. CL TA Preliminal)' Report Fomi -Modified (Adopted: 11.17.2006) Page 3 Pril'lled: 03.23.24@ 03·27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 EXCEPTIONS At the date hereof, items to be considered and exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: 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 2024-2025. 2. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Code Area: 09000 Tax Identification No.. 207-273-02-00 Fiscal Year: 2023-2024 1st Installment: $6,650.35, Paid 2nd Installment: $6,650.35, Open Exemption: $0.00 Land: $989,400.00 Improvements: $234,600.00 Personal Property: $0.00 Bill No.: None shown Tracer No.: None shown 3. Supplemental assessment for 2022-2023 1st Installment: Must be paid by: 2nd Installment: Must be Paid By: Bill No.: $1,873.14, Paid December 10, 2023 $1,873.14, Open April 10, 2024 829-323-02-63 Tracer No.: None shown 4. Supplemental assessment for 2022-2023 1st Installment: Must be paid by: 2nd Installment: Must be Paid By: Bill No.: Tracer No.: $500.76, Paid December 1 0, 2023 $500.76, Open April 10, 2024 829-323-02-72 None shown 5. 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 occurring prior to Date of Policy. Note: If said supplementals {if any) are not posted prior to the date of closing, this company assumes no liability for payment thereof. 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable \aw, as set forth in the document Recording Date: April 18, 1972 Recording No: 1972-95563 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. CL TA Preliminary Report Fom1 -Modified (Adopte<1: 11.17.2006) Page 4 Printed· 03.23.24@03·27 PM CA-FT-FSDG-01 500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 7. A deed of trust to secure an indebtedness in the amount shown below, Amount: $1,110,000.00 Dated: May 12, 2023 Trustor/Grantor; Sean Heal and Breanne Heal, husband and wife as joint tenants Trustee: Fidelity National Title Insurance Company Beneficiary; Wells Fargo Bank, NA, a Corporation Loan No: None shown Recording Date:May 18, 2023 Recording No.: 2023-129942, of Official Records and Re-recording Date: January 5, 2024 and Re-recording No.: 2024-3369, of Official Records Reason: This Correction Deed of Trust is being recorded to correct the vesting on page 1 within the Deed of Trust recorded on May 18, 2023 as document 2023-129942 8. A financing statement as follows: Debtor: Secured Party: Recording Date: Recording No: Breanne Heal MyPoint Credit Union February 20, 2024 2024-42563 of Official Records END OF EXCEPTIONS PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Prelimmary Report Form Modified (Adopted: 11.17.2006) Page 5 PMnted: 03.23.24@ 03:27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 REQUIREMENTS 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 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 affect 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. END DF REQUIREMENTS CL TA Preliminary Report Fonn -Modified (Adopted; 11.17.2006) Page 6 Printed: 03.23.24@ 03:27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 INFORMATIONAL NOTES 1. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: No names were furnished with the application. Please provide the name(s) of the buyers as soon as possible. 2. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 3. Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 4. Note: The Company is not aware of any matters which would cause it to decline to attach Cl TA Endorsement Form 116 indicating that there is located on said Land a Single Family Dwelling, known as 4855 Sevilla Way, Carlsbad, California, to an Extended Coverage Loan Policy. 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: The only conveyances(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Thomas Edward Pretzer, an unmarried man and Joan Mane Foucault, an unmarried woman as joint tenants Grantee: 5 Star Housing LLC, a California Limited Liability Company Recording Date:June 13, 2022 Recording No.: 2022-245537, of Official Records Grantor: Grantee: Recording Date: Recording No.: 5 Star Housing, LLC, a California Limited Liability Company Sean Heal and Breanne Heal, husband and wife as community property March 21, 2023 2023-71695, of Official Records 7. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 8. The Company and its policy issuing agents are required by Federal law to collect additional information about certain transactions in specified geographic areas in accordance with the Bank Secrecy Act. If this transaction is required to be reported under a Geographic Targeting Order issued by FinCEN, the Company or its policy issuing agent must be supplied with a completed ALTA Information Collection Form ("ICF") prior to closing the transaction contemplated herein. 9. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company?s State Counsel, Regional Counsel, or one of their designees. CL TA Preliminary Report Form -Modified (Adopted; 11. 17 2006) Page 7 Printed· 03.23.24@ 03:27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 10. Unless this company is in receipt of WRITTEN instructions authorizing a particular policy, Fidelity Title will AUTOMATICALLY issue the American Land Title Association Homeowner's Policy (02/03/10) for all qualifying residential 1-4 properties/transactions to insure the buyer at the close of escrow. 11. If a county recorder, title insurance company, escrow company, real estate agent or association provides a copy of the 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 faced typed 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. 12. 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 are not included within the demand statement, then Fidelity National Title Insurance Company and its Underwritten Agent 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. 13. Note: Part of the RESPA Rule to simplify and Improve the Process of Obtaining Mortgages and Reduce Consumer Settlement Costs requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title agent. Fidelity National Title Company retains 88% of the total premium and endorsements. Line 1108 used to record the amount of the total title insurance premium, including endorsements, that is retained by the title underwriter. Fidelity National Title Insurance Company retains 12% of the total premium and endorsements. CL TA Preliminary Report Fann -Modified (Adopted: 11.17 2006) Page 8 Printed: 03.23.24@ 03:27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 FIDELITY NATIONAL TITLE COMPANY PRELIM NO. 9922402529 14. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A. 2006 ALTA Owner?s Policy (06-17-06). 6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B. 2006 ALTA Loan Policy (06-17-06). 8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe?s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. AL TA Homeowner?s Policy of Title Insurance (12-02-13) and CL TA Homeowner's Policy of Title Insurance (12-02-13). 10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 0. ALTA Expanded Coverage Residential Loan Policy -Assessments Priority (04-02-15). 12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe?s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe?s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. END OF INFORMATIONAL NOTES CL TA Preliminary Report Form -Modified (Adopted: 11 17.2006) Page 9 Printed: 03.23.24@ 03.27 PM CA-FT-FSDG-01500.071026-SPS-1-24-9922402529 • Fidelity National litle Company· STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION FOR YOUR PROTECTION Eserow No.: 9922402529 Completion of this statemen1 expedites your application for title insuraoce, as ,1 assists m establishing identity. eHmina1ing matters affecting persons with similar names and avoiding the use of fraudulent or forged documen1s. Complete all blanks (please print) or indicate "none" or "NIA." If more space is n""ded for any item(s), use the reverse side of the form. Each parfy (and spouse/domestic partner, ~ applicable) to the transact.on should personally sign this form. NAME AND PERSONAL INFORMATION ~==~----~===------~==~-----~===~-Date of Birth _______ _ FirSt Name M,ddle Name Last Name Maiden Name (If none, ,ncl,cato) Home Pl.one _________ Business Pl.one ________ Birthplace __________________ _ CellPhone ________ ,._ ________ emaII _____________________ _ Social Security No __________________ Driver's License No. __________________ _ Lisi any other name you have used or OOen known by _______________________________ _ State of residence _____________________ I have lived continuously In the US.A since ______ _ Are you currently married? D Yes D No Are you currently a reg1sIared domestic partner? D Yes D No If yes, complete the following 1nformatKm: Date arid place of marriage---------------------------------------- Spouse/Domeslic Partner~-------------------------Date of Birth _________ _ First ~me Middle Name L,sl Name Malden Namo (If none, IMIcato) Home Pl.one _________ Business Phone _________ Birthplace _________________ _ Cell Phone ________ Ca, ________ Email ___________________ _ Social Security No. ________________ Dn,er's License No. __________________ _ List any other name you l\ave used or been known by _____________________________ _ State of residence ____________________ I have lived continuously In the US.A. s,nce ______ _ CHILDREN Child Name. ___________ Date of Birth· _____ Child Name: __________ Date of Birth Child Name. Date of Birth· Child Name: Date of Birth· _____ _ (~ more space ,, r&quir<>d. u .. rovers8 Side al form) ---------------'----'------------- RESIDENCES (LAST 10 YEARS) Number & S1,eet From {date) lo {date) Number & Slreet From {dale) to {dale) (d rno,o space ,s '&Cl"""d, uso re,or;o side o1 form) OCCUPATIONS!BUSINESSES (LAST 10 YEARS) F,rm or Business Name Address F<om (date) to !date/ Firm or Bus,noss Namo Addn,SS From (dole) to (dote/ {d more space e; roqulr,d, u .. "'""™' sode of forn\) ----------------·-------·-· SPOUSE'S/DOMESTIC PARTNER'S OCCUPATIONS/BUSINESSES (LAST 10 YEARS) F,rm o, Busln«s Name Stalomeot of lnformal~n {UE-34 IRev 06-08)) SCA0000279 doc I Updated· 10.10 19 """"'" Adel"'" Id more space is re,:,uired, use rovorse side of form) From (dote) to (date) From (date) to (dat~) Pointed 03.2324@03:28 PM by CA-FT· F SDG-0 1500 071 026-992]402529 STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION FOR YOUR PROTECTION (continued} PRIOR MARRIAGE($) and PRIOR DOMESTIC PARTNERSHIP(S) Any pnor marriages or domestic partr.ershops tor eI1her person? ____ 11 yes, complete the lol1<,,,,mg· Proor sp0use's (Party A) name. _____________ Pnor Spouse of Party A: Mamage ended by: D Death D OIvorce/Dissolu11on D Null~icat,on Date ol Dea1h/Dovorce: ____________ _ Prior spouse's (Party 8) name· ____________ Prior Spouse of Party B. __________ Spouse Marnage ended by. D Death D DIvorce/D1ssolution D Nullification Date of Death/Divorce: ____________ _ If more space is required, 11&e revoru side or form) INFORMATION ABOUT THE PROPERTY Buyer intends to reside on the property in th,s transaction: D Yes D No Owner to complete the following Items Street Address al Property ,n this transect,on: ------------------------------- The lar>d 1s D unimproved: or improved with a struclure of the following type. D A Single or 1-4 Famify D Condo Un,t D Other ___ _ Improvements, remodeling or repairs to this property have been made W1thin the past six (6) months. D Yes D No If yes, hava all costs for labor and materials a'1sing m connection therewdh been paid in full? □Yes □No Any current loans on property? ______ If yes, complete the following. Lender Loan Amount, ___________ Loan Accounl No s"s'•"••~ ____________ Loan Amoun1, ___________ Loan Account No. _______ _ --------------·- The undersigned declare, under penalty of perjury, that the foregoing Is true and correci IN WITNESS WHEREOF, 1he undersigned have executed th,s document on the date{s) set forth below. Signature Date Print Name Signature Date Print Name (Note· If app!'cable, both spouses/domestic partners must sign.) THANK YOU. Slatom<1nl of ln(om,olion (UE-34 IR•v 06-08)) SCA00002T9cloc/1Jp<lotod· 101019 Pago 2 Pnnled, 03 2324@03.28 PM by CA-FT-FSDG-01500 071026-9922402529 :?-JlltiRE SAFE,. I Inquire before you wire! WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.(bi.gov Wire Fraud Alert Original Effective Date. 5/11/2017 Current Version Date· 5/1112017 Internet Crime Complaint Center: http://www.ic3.gov TM and© Fidelity National Flmmcial, Inc. and/or an affiliate. All rights reserved Page 1 9922402529-WIRE0016 (OSI Rev. 12107/17) Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC -Chicago Title Company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA -Fidelity National Title Company of California TICOR -Ticer Title Company of California LTC -Lawyer's Title Company SLTC -Servicelink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CLTIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four {24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent {70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent {40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts SCA0002598.doc / Updated: 01.31 20 PMnted. 03.23.24 @ 03:28 PM by CA-FT-FSDG--01 500.071026-9922402529 FIDELITY NATIONAL FINANCIAL CALIFORNIA PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This California Privacy Notice explains how we collect, use, and disclose Personal Information, when and to whom we disclose such information, and the rights you, as a California resident ("Consumer"), have regarding your Personal Information ("California Privacy Rights"). "Personal Information" means information that identifies, relates to, describes, and is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. If FNF has collected, used, or disclosed your Personal Information in relation to a job application or employment, independent contractor, officer, owner, or director relationship with FNF, FNF's practices are discussed in our Notice at Collection for Prospective Employees, available at Prospective California Employees. Some subsidiaries maintain separate California Privacy Notices or privacy statements. If a subsidiary has a separate California Privacy Notice, it will be available on the subsidiary's website, and this California Privacy Notice does not apply. Collection of categories of Personal Information: In the preceding twelve (12) months FNF has collected, and will continue to collect, the following categories of Personal Information from you: • Identifiers such as name, address, telephone number, IP address, email address, account name, social security number, driver's license number, state identification card, passport number, financial information, date of birth, or other similar identifiers; • Characteristics of protected classifications under California or Federal law; • Commercial information, including records of personal property, products or services purchased, or other purchasing or consuming histories; • Internet or other electronic network activity information including, but not limited to browsing history on FNF websites, and information regarding a Consumer's interaction with an FNF website; • Geolocation data; • Professional or employment information; • Education Information. This Personal Information is collected from the following sources: • Information we receive from you on applications or other forms; • Information about your transactions with FNF, our affiliates, or others; • Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities, or from internet service providers, data analytics providers, and social networks; • Information from the use of our websites and mobile applications; • Information we receive directly from you related to doing business with us. This Personal Information is collected for the following business purposes: • To provide products and services to you or in connection with a transaction involving you; • To perform a contract between FNF and the Consumer; • To improve our products and services; • To comply with legal obligations; • To protect against fraudulent or illegal activity; • To communicate with you about FNF or our affiliates; • To maintain an account with FNF or our affiliates; Pnvacy Statement SCA0002597.doc Printed: 03.23.24@ 03:28 PM by CA-FT-FSDG-01 S00.071026-9922402529 • To provide, support, personalize, and develop our websites, products, and services; • To provide reviews and testimonials about our services, with your consent; • To directly market our products to consumers; • As described to you when collecting your Personal Information or as otherwise set forth in the California Consumer Privacy Act. Disclosures of Personal Information for a business purpose: In the preceding twelve (12) months FNF has disclosed, and will continue to disclose, the categories of Personal Information listed above for a business purpose. We may disclose Personal Information for a business purpose to the following categories of third parties: • FNF affiliates and subsidiaries; • Non-affiliated third parties, with your prior consent; • Businesses in connection with the sale or other disposition of all or part of the FNF business and/or assets; • Service Providers and non-affiliated third parties such as internet service providers, data analytics providers, and social networks: • Law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. Sale of Personal Information: In the preceding twelve (12) months, FNF has not sold or shared Personal Information. FNF does not sell or share Personal Information. Retention Periods: Due to the breadth and variety of data collected by FNF, it is not possible for us to provide you with a comprehensive list of timeframes during which we retain each category of Personal Information. FNF retains categories of information as reasonably necessary to satisfy the purpose for which we collect the information. This time period varies depending on the purpose for which we collected the information, the nature and frequency of our interactions and relationship with you, whether we have a legal basis to continue retaining the information, industry practices, the value and sensitivity of the information, and state and federal recordkeeping requirements. Personal Information of minors: FNF does not knowingly collect the Personal Information of minors. FNF does not sell or share the information of consumers under sixteen (16) years of age. Sensitive Personal Information: FNF does not use or disclose sensitive Personal Information for any purposes other than those specified in the California Consumer Privacy Act. Right to know: Consumers have a right to know about Personal Information collected, used, disclosed, shared, or sold, including the categories of such Personal Information, as well as the purpose for such collection, use, disclosure, sharing, or selling, categories of third parties to whom Personal Information is disclosed, shared or sold, and the specific pieces of Personal Information collected about the consumer. Consumers have the right to request FNF disclose what Personal Information it collected, used, and disclosed in the past twelve (12) months. Right to request deletion: Consumers have a right to request the deletion of their Personal Information, subject to certain exceptions. Pnvacy Statement SCA0002597 .doc Printed: 03.23.24@ 03:28 PM by CA-FT-FSDG-01500.071026-9922402529 Right to Correct: Consumers have the right to correct inaccurate Personal Information. Right to non-discrimination: Consumers have a right not to be discriminated against because of exercising their consumer privacy rights. We will not discriminate against Consumers for exercising any of their California Privacy Rights. Privacy Requests: To exercise any of your California Privacy Rights, or if acting as an authorized agent on behalf of another individual, please visit California Privacy Request, call us Toll Free at 888-413-1748, or write to the address at the end of this notice. Upon making a California Privacy Request, FNF will verify the consumer's identity by requiring an account, loan, escrow number, or other identifying information from the consumer. The above-rights are subject to any applicable rights and obligations including both Federal and California exemptions rendering FNF, or Personal Information collected by FNF, exempt from certain CCPA requirements. A Consumer may use an Authorized Agent to submit any CCPA request. Authorized agents' requests will be processed like any other CCPA request, but FNF will also require the Consumer provide the agent's written permission to make the request and verify his or her identity with FNF. FNF website services for mortgage loans: Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice describing the categories, sources, and uses of your Persona! Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Information. FNF does not share Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. California Privacy Notice -Effective Date: This California Privacy Notice was last updated on December 1, 2023. Contact for more information: For questions or concerns about FNF's California Privacy Notice and privacy practices, or to exercise any of your California Privacy Rights, please visit California Privacy, call Toll Free 888-413-1748, or contact us by mail at the below address. Privacy Statement SCA0002597 .doc Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Pnnted: 03.23.24@ 03.28 PM by CA-FT-FSDG--01500.071026-9922402529 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (11-09-18) 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; (bl 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 hen of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof. not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof: (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) Attachment One (11/04/22) ATTACHMENT ONE (CONTINUED) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE OWNER'S POLICY (02-04-22) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant: b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Po/icy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideratlon sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title al the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, stale insolvency, or similar creditors' rights law, that the transaction vesting the Tille as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Tille as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7 Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any Discriminatory Covenant In a document referenced in Schedule Bas If each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: PARTI (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts. rights. interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a} ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Tille that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to {a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coaf, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance. reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown In Schedule B. PART II (Variable exceptions such as taxes, easements, CC&R's, etc., are inserted here) Attachme,,t One (11/04122) ATTACHMENT ONE (CONTINUED) CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (7-01-21) EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy and We 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) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection, b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1,b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19. 20, 23, or 27. 2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17. 3. Any defect, lien, encumbrance, adverse claim, or other matter· a. created, suffered, assumed, or agreed to by You; b. not Known to Us, not recorded in the Public Records at the Dale of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage lo You; d. attaching or created subsequent to the Date of Policy {Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy. 4. Lack of a right: a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land. Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21 5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15. 6. ~ny claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You Is a: a. fraudulent conveyance or fraudulent transfer: b. voidable transfer under the Uniform Voidable Transactions Act: or c. preferential transfer: to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value: or ii. for any other reason not stated in Covered Risk 30. 7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance. 9 Any lien on Your Tille for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27. 10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500.00 {whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less} 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10,000.00 $ 25,000.00 $ 25,000 00 $ 5,000.00 Attachment One {11/04122) ATTACHMENT ONE (CONTINUED) CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12--02-13) 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 Riska.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 ii. 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 Dale; 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. lo any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows· Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 Your Deductible Amount 1.00% of Policy Amount Shown in Schedule A or $2,500 00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 {whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less} Our Maximum Dollar Limit of Liability $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One (11/04122) ATTACHMENT ONE (CONTINUED) ALTA OWNER'S POLICY (07-01-2021) EXCLUSIONS FROM COVERAGE The following matters are 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) that restricts, regulates, prohibits, or relales to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant: b. not Known to the Company, not recorded in the Public Records at the 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 the Date of Policy {Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Tille at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not slated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trost. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area. square footage, or acreage of the Land or of any improvement to the Land. EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are Illegal and unenforceable by law. This policy treats any Discriminatory Covenant In a document referenced In Schedule Bas If each Discriminatory Covenant Is redacted, repudiated, removed, and not re pub II shed or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters: NOTE: The 2021 ALTA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below: 1 (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; {b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 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, material or equipment unless such lien is shown by the Public Records at Date of Policy. 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B. Attachmen1 One (11/04/22) ATTACHMENT ONE (CONTINUED) 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. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: NOTE.· The 2006 AL TA Owner's Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R's, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below.- 1 (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b} proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights. interests, or claims that are not shown by the Public Records at Date of Po/icy but that could be {a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land. 3. Easements, liens or encumbrances. or claims thereof, not shown by the Public Records at Date of Policy. 4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) waler 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, material or equipment unless such lien is shown by the Public Records at Date of Policy.] 7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite. oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the land or produced from the Land, whether such ownership or rights arise by lease, grant. exception, conveyance, reservation, or othelWise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in {a) or (b) appear in the Public Records or are shown in Schedule B. Attachmen! One {11104122) American Land Title Association ALTA INFORMATION COLLECTION FORM Under 31 U.S.C. § 5326(a), the Treasury Department's Financial Crimes Enforcement Network (FinCEN) issued a Geographic Targeting Order to title insurance companies requiring the collection of beneficial ownership information for certain real estate transactions. Please complete the below questionnaire. This Company will rely on the answers provided to meet its reporting obligations. Who is completing this form? Name Position/Title Company/Law Firm Postal Address (Headquarters) City State Zip Phone Email Fax Transactional Information Property Address (If multiple properties see NOTE below): City State Zip County Date of Settlement Total purchase price (ff multiple properlies see NOTE below) $ Type of Transaction: □ Residential (1-4 family) □ Commercial Bank Financing: □ Yes □ Purchaser type: □ Natural Person □ Corporation □ LLC □ Partnership □ other NOTE: /f more than one property is purchased, list each address and purchase price on an addendum. Purchase Funds Information Total Amount paid by below instruments: $ Which type of Monetary Instruments were used (Use check boxes below) □ U.S. Currency (Paper money and coin) □ Foreign Currency Country: □ Cashier's check(s) □ Money order(s) □ Certified check(s) □ Personal or Business check(s) □ Wire or other funds transfer(s) D Virtual Currency No AL TA Information Collection FOOTI {Rev. 12/2018) SSCORPD5620 doc/ Updated: 01.03.19 Page 1 Pnr1ted: 03.23.24 @ 03:28 PM by CA-FT-FSDG-01500.071026-9922402529 American Land Title Association ALTA INFORMATION COLLECTION FORM l'HJll\ 1mg liw Arn,-,,,,,,, I Jrc-,un \11,ce I 'Ill" Individual Primarily Representing Purchaser (Defined as the individual authorized by the entity to enter into legally binding contracts.) Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Purchaser's Name and Address Name of Purchaser Taxpayer ID No. or EIN (if none write NIA) Doing Business Name (OBA) (If none write NIA) Address City State Zip Complete the following pages if the real estate purchase is being made by a corporation, LLC, partnership, or other legal entity. (Do not report trusts.) For Corporations, LLCs, Partnerships and Other Entitles provide the information for: • Each BENEFICIAL OWNER defined as an individual who, directly or indirectly, owns Twenty-Five Percent (25%) or more of the equity interests of the Purchaser. • If a legal entity or a series of legal entities own the equity interests of the Purchaser, provide information for each BENEFICIAL OWNER, of each legal entity in the series of legal entities. {Note: It is NOT necessary to complete the address fields if the infonnation is on a legible copy of the government issued ID submitted to the title underwriter.) AL TA lnfomiation Collection Fomi (Rev. 12/2018) SSCORPD5620.doc / Updated: 01 03.19 Page 2 Printed: 03.23.24@ 03:28 PM by CA-FT -FSDG-01500.071026-9922402529 American Land Title Association ALTA INFORMATION COLLECTION FORM Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Attach Legible copy of government issued identification {i.e. passport, driver's license, etc.) Type of ID Last Name Date of Birth Occupation Address AL TA lnfom,a~on Collection Form (Rev. 12/2018) SSCORP05620.doc / Updated. 01 .03.19 Issuing State or Country Gov't ID No. First Name Individual Taxpayer ID No. (if none write NIA) City Page 3 M.I. % of ownership State Zip PMnted: 03.23.24 @ 03:28 PM by CA-FT-FSOG-01500.071026-9922402529 American Land Title Association AL TA INFORMATION COLLECTION FORM Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Last Name Date of Birth Occupation Address AL TA Information Collection Form (Rev. 1212018) SSCORPD5620 doc I Updated: 01.03.19 Issuing State or Country First Name Individual Taxpayer ID No. City Page 4 Gov't ID No. (if none write NIA) M.I. % of ownership State Zip Printed: 03.23.24@ 03:28 PM by CA-FT-FSDG-01500.071 026-9922402529 ~ American Land Title Association ALTA INFORMATION COLLECTION FORM Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip Attach Legible copy of government issued identification (i.e. passport, driver's license, etc.) Type of ID Issuing State or Country Gov't ID No. Last Name First Name M.I. Date of Birth Occupation Individual Taxpayer ID No. (if none write NIA) % of ownership Address City State Zip I declare that to the best of my knowledge, the information I have furnished is true, correct and complete. I understand that this Title Company will rely on this information for the purposes of completing any reports made pursuant to an obligation under 31 U.S.C. § 5326(a). IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. I Si:natuce Ty e or Print Name: AL TA Information Collection Form {Rev. 12/2018) SSCORPD5620 doc I Upda1ed: 01.03.19 I Date Title: Page 5 Printed. 03.23.24 @ 03:28 PM by CA-FT-FSDG-01500.071 026--9922402529 RECORDING REQUESI'ED BY: First American Title Company AND WHEN RECORDED MAIL TO: Sean Heal 4855 Sevilla Way Carlsbad, CA 92008 Order No, 6917271 Escrow No. 9-2683--CZ Parcel No. 207-273--02-00 DOC# 2023-0071695 11111111111 ma IIII Ill lllll 1111111111111111111 Hll 1111111111111 Mar21, 2023 11:59AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $1,744.00 (SB2 Alkins: $0.00) PCOR: YES PAGES:2 SPACE ABOVE THlS LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED ORANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS $1,727.00 and CITY S'\) [gJ computed on full value of property oonveycd, or 0 computed on full value less liens or encumbrances remaining at the time of sale. D unincorporated area: f2I City of Carlsbad, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 5 Star Housing, LLC, a California Limited Liablllty Company hereby Grant (s) to Sean Heal and Breanne Heal, Husband and Wife ~ ctmn.ni.ty P.t.q.ecty the follciwing described real property in the County of San Diego, State of California: See Exhibit "A" attached hereto and made a part hereof. More commOnly known as: 4855 Sevilla Way, Carlsbad, CA 92008 Date February 23, 2023 S Star Housing, LLC, a California Limited Liability Com~, By: Alexey Dolginov, Authorized Signer A notacy public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate'is attach and not the truthfulnes accura or validi of that document ST ATB OF CALIFORNIA COUNTY OF .1l!bl. 1)//it;o }s.s. On~af /4'. l-PZ.£ , before me, \fmt.£N ff• 6/tr>?~ , Notary Public personally ippearcd Akley Qolglpoy who proved to me o·n the basis of satisfactory evidence to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hiS/her/their signaturc(s) on the instrument the penion(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (ttt, ~ (Seal) i·····::..r::..··1 .• _.,...,nc--l I '"'°"""""' -Commlalon I z.t21t10 f My"""'· -""',. :WU t ---···-···-- Mail Tax State11Je11t to: SAME AS ABOVE or Address Noted BelQW Exhibit "A" LEGAL DESCRIP'TJON Real property In the Qty of car1sbad, Qrunty of San Diego, state of callfomla, described as follows: LOT 140 OF LAGUNA RIVIERA UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CAllFORNIA, A=RDING TO MAF THEREOF NO. n60 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, APRIL 18, 19n. EXCEPTING ALL OIL, GAS AND OTilER HYDROCARBONS LYING 500 FEET BELOW TilE SURFACE OF SAID LAND, BUT WITHOl/T TilE R!GlfT OF ENTRY TO REMOVE SAME, AFN: 207-273-02-00 "'1312(110 AIR CHANGES Ille: OLD NIW "' ' 't..@ '· • Tl4S WJ' 'i'JS PREPARED FOO ASSES9.e!T PUl'OSES CN.T. to lll,IILITY 5 ASSlUc{] FOIi TH: ACCI.AIC'r Cf THE DAT~ stO'IIN. I.SSESSOO'S PAACtl.S W.l ,«JT CO,!A_y ..-rlH lOCAL ~ Oil 8',LDN; C:JlOl'ilJCl:S. 10 hN OIHO COUlln HlfSIOll'S Na, I• Z01 ,.Z1 ,,, • • =• ,.;••.~·,-.,,r,r0-::,'."1'-"'° : '" ,-1-~=--='-1 . ' ' MAP 9837-CARLSBAD TRACT-60-1. MAP 7260 -LAGUNA RIVIERA UNIT NQ_ 5 207-27 @ SHT 1 Tax Search San Diego_ California Seardied: 207-173-02-0D Order 9922402529 Tax Year Tax Cover Searched By: Searched On ,..-.__ .. TITLE Pel NT 2023-2024 03115/2024 NEXTACE TPXML LOGIN 3/22/2024 912 PM Company FIDELITY NATIONAL TITLE I SAN DIEGO -{FNFSTR) I 04 I CRN 00036-00001 APX ~scribed As: Address: City: Btllmg Address: Assessed Owntt(s): Transfer Owner(s): Sear-ch As: Tax Rate Area: Cse Code: l0i-273-02-00 L\Gl~A RI\ lERA #5 007260 LOT 140 4155 SE\ lLLA WY CARLSB.ID 4855 SI\'11...LA WY CARLSBAD CA 92008 5 STAR HOt:S~G LLC HEAL SL\.'-& BRL\.'\~'.E Lot 140 Tnct 7260 09000 \"aloe Land Ill Improvements: S~GU: F . .\.\DLY RISIDE.'-CT Personal Propmy· Region Code: Flood Zone: Zonmg Code: Taxabilitv Code· Tax Rate: Auditor Tax Rate: Btll =: Issue Date· Insta11ment ht 2nd I Parcel Status: I Bonds 0 Account 511911 511914 601001 601009 601011 672748 6754-tl 207-273-02-00 San Diego, Cal1forn1a S~GU: F . .\.\DLY RISIDE.'\TI\L 1.016658 l.Oill51 Amount 6,650.35 6,650.35 Paree! Changed: Ftxturt-s: lnY~lOf:·· Exemptions Homeowner: Inventory· P""sonal Property: Religious: All Other: Xet: Taxable-\'alue-: Penalty 665.03 675.03 Exempt: :SO Due Date J211012023 04110/2024 Sold to State: 0 Special Lien Description CO llOSQlTIO1RAT CTRL llOSQlTIO \'.ECTOR COXT CARLSB.ID LIGHT DIST CARLSB.ID LTG & LDSCP C.\RLSBD ST LTG/LDSCP WATER ST . .\.'\-OBY CHARGE CWA WIR A\"AIL COSTA Page 1 of 2 Conveyance Date: 989,400.00 Com·~ing Instrument: 234,600.00 Date Transfer Acquired: ,·esang: Year Built: Year Last ~lodtfied: Square Footage Land: Impro,·ements: Tax Defau!te-d: 1,224,000.00 Tota.: Tax: Status Payment Date PAID DiPAID JOr3lJ2023 Total Balance: Common Area. ~te-:..:o--Roos: :S 0611312022 24553i 13.J00.70 Balanc-e- 0.00 6,650.35 6,650.35 Amount 3.00 9.10 26.00 8.34 36.10 11.50 10.00 Order: 9922402529 Printed by FNTSDNA on 3/22/2024 9:12:51 PM Supplemental Tax Assessed Owner(s): Situs: Installment ht 2nd Tota! Supp!emenU: Bil!:: Issue Date: Effective Date: Supplement.a! Tax Assessed Owner(s): Smis: Installment 1st 2nd Tota: Supplementa.! Bil!:: Issue-Date· Effecttw Date: Open Ordt'I"S Company Fidelity ~ational Tit!e 207-273-02-00 san O,ego, Cal1fom,a Due-To: OW:\"IllS&. CIL\.;~GI HL-U. SL-\.'( & BRL-\.,.,_"I: Tax Year. 2022 Comment: .11155 SI\ lLLA WY Amount l,8i3.14 l,li3.14 3,i46 . .?I Penalty lli.31 Hi.31 314.62 Due Date 12110,2023 0.tll01:2024 829-323-02-63 Land 10106,12023 Improvements 0312112023 Total Due To: OW:\"IR.SHIP CIIA..""GI HL-U. SL-\.'( & BRL-\. ,.,_-i: Tax Year: 2022 Comment: .11155 Sl'\lLLA WY Amount SOO.i6 SOO.i6 1,001.52 Penalty 50.0i 60.0i 110.U Due Date 12,i}O 12023 04110/2024 829-323-02-i2 Land 10/06/2023 Improvements 03/2112023 Total T·ype: SK11red Status Payment Date Bala.nee 10/31/2023 0.00 \"a.lue 919,400.00 234,600.00 Tax De-faulted: 1,224,000.00rrota.1 Tax: Status P aJ ment Date PAID L""'P . .\ID \"a.lue 9i0,000.00 10/3112023 230,000.00 Tax Dc-fau!ted: 1.200,000.00ITota! Tax: Ba!ance l,li3.U l,li3.U 0.00 SOO.i6 SOO.i6 Department San Diego -(F?,."FSTR) Title 'l"nit 01 Order~o. 992130051➔ Date Created 04 03 1013 ... L'"D OF RIPORT ••• Page 2 of 2 Order: 9922402529 Printed by Ff\lTSDNA on 3/22/2024 9:12:51 PM The following notice is pursuant to California Government Code Section 12956.l{b)(l)) Notice 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, 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. Restrictive Covenant Modification Under current state law, including AB1466 effective January l, 2022, homeowners can request to modify property documents that contain unlawful discriminatory covenants. Government Code Section 12956.2 allows a person who holds an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant to record a Restrictive Covenant Modification document to have the illegal language stricken. Unlawful restrictions include those restrictions based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, veteran or military status, national origin, source of income as defined in Government Code Section 72955subdivision {p), ancestry, or genetic information. To Record a Restrictive Covenant Modification, you must: • Complete a Restrictive Covenant Modification Form; this must be signed in front of a notary public. • Attach a copy of the original document containing the unlawful restrictive language with the unlawful language stricken. • Submit the completed document to the County Recorder. This document requires the following: 1. Name(s) of current owner(s) 2. Identification of document page number and language in violation 3. Recording reference of document with unlawful restrictive covenant 4. Copy of referenced document attached complete with unlawful restrictive language stricken out 5. Signature(s) of owner(s) 6. Signature(s) acknowledged 7. Approval by County Counsel provided to County Recorder Upon receipt, the Recorder's office will submit the document to County Counsel who will determine whether the original document contains any unlawful restrictions, as defined in Government Code Section 72956.2 subdivision (b}. Only those determined to be in violation of the law will be recorded and those that are not, will be returned to the submitter unrecorded. Please note that the County Recorder is not liable for modification not authorized by law. This is the sole responsibility of the holder of ownership interest who caused the modified recordation per Government Code Section 12956.2 subdivision (f). Pursuant to the requirements of AB7466, and no later than July 1, 2022, the Assessor- County Clerk-Recorder will post an implementation plan outlining our strategy to identify records with discriminatory restrictions. Recording Requested By When recorded mail document to Above Space for Recorder's Use Only RESTRICTIVE COVENANT MODIFICATION ownership interest of record in the property located at __________________ that is covered by the document described below. The following referenced document contains a restrictive covenant based on race, color, religion, sex, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry that violates state and federal fair housing laws and that restriction is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of eliminating that restrictive covenant as shown on page(s) ______ of the document recorded on _______ (date) In book _____ and page_____ or Document No. ____________ of the Official records of the County of ___________________ , State of California. The document referenced above was originally indexed in the following manner __________ _ ___________ and this document shall be indexed in like manner pursuant to Section 12956.2 (e). The effective date of the terms and conditions of this modification document shall be the same as the effective date of the original document referenced above. Dated ________ _ -- Printed Name(s) 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. accurac , or validit of that document. STATE OF CALIFORNIA } COUNTY OF----------~ On _____________ before me,------------,----' a Notary Public, personally appeared ______________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ________________ _ I ZOR'i' {° -q'J. If/ (/7 DECLARATIO!f OF RES'rRICTIORS THIS DICLA!IATIOI or ..... IC'l'I0IS ........ ~ .... , ~-,-197]., ., L R PAM'IIRSJUP, LTD,, a 1J,aite4 Partnerehip, herliD ref to WOilllERil 11 the Owner of tUt certain r .. J. proP'lt't7 in the City of Oceaneicte, County of SUI Die,;o, State of California, deecribed ea foll.on; Lot• 139 tbroulb 113, incluein of Lapna Rirlera Unit Ito. 5, in the City of Carlebad, Count:, of San Diego, State of California, aceording to Ma&i thereof llo,7,.71,0 filed in the office of the County Recorder of San Diego on 1£ee::t '<E I 'f Z +, • W I 'r I E S S E '1' B: That the eaid Olrner doee hereby Cf ·tit,-and Declare that it haa eetebliebed and doee hereby eeteblieh the Pl'ffll plan or the proteetioii. of all of eaid real 'f?roper"ty, 1111d hu f11ted 1111d doee benbJ fix the protecthe COllditiona and lle9trietiotul upoD vbich and eulllJeet to Thich all Aid real propu-ty eball lie held, leued., eoH mr/or cODn:,ed. by eaid Owner, vtlich eaid Condition, and ltlletrietio,is ere for the benfit of all eaid real property, and eball iaure to and pae1 vith all of 1aid real r --rt:, and each and eTer:J' part thereof ehal.l apply to and llllnd the reepeetiTe succe■•ore ill int8"1rt of the preeent OVn.er thereof, ae tollove, to-vit; 1, 'l'b&t eaid real propert,. eball be Wied only for Single, Priftte Reei~ial purpone ud. tblt nobuilding, other than One Single, Printe, Fil'lt Clue Dll'el..llag, (with eueic-:rJ" o,,rt.buildi.Dge, including garage), ebaU ner be erected, plaeed oz pendtted on IJey' Lot, 2. Jo reeidenee eball be ereeted, constructed, placed or peraitted on IJey' Lot or portion thereof vhich ■ball contain leee tun 1,000 equare feet ground floor uea in tbe ease of a one st<nT Dolling nc. vhich eball contain l.Ue than 700 equare te.t of ground noor an,a on tbe J'iret F J.oor and not leee than a total of 1,200 equare feet in the cue of a '1'vo Stoey Dnlling. In neither cue eball the area of an included garage be used to -.Jte up the a1n1-floor artoa. 3, lo guage or carport •ball be con•erted to oz be U11ed tor liTing (lUllrtera until the ovner of IJey' Lot •hall ban applied for and obtained • Building Perait for' 1111 alternate ].oc:atioa tor a Tiro car Ga......ge or Carpo1 •. which will c~ with all Nwucipel Ordin..nee■ 111d RequiNaent■, 4. lo hollse trailer, boat trailer or utility trailer Ol' ee.per Shell •ball be p&J'm.tted to parlr. in an::, eetbaclr. area of ~ lot tor • perio4 of aore tbell li8 boure, 5. lo nozioua or otfenehe acti•itJ' •ball be c&l'l'ie<l. on upoP IJey' Lot. nor •ball &n;J'thiq be done thereon vbich aay be <>r -, becc.e 1111 111110:,anee or mdeance to the n1ii.b,borboo4. 6. 'l'b,at no 1.o~, M portion thereof ehall be used tor pou.ltey or etoclr. railing, fe•J.ing M bl-eeding. ' ' , I )rder: 9922402529 1972-95563 CCR 04-18-1972 Page 1 of 3 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM I • 2088 T, 'l'li■t each ot tbe 01,neH ot a Lot in ■&14 Traet will pe?Wit hee acce-■ b,- 0..en ot ad,Jacent or a4Joizliq lot.■ to dope■ or dJ-dnagev-.,-■ located on ta11 prop.rt;,-ll!ltic.b affect Hid a4,1ac■iit or ad,Joining Lote • 1'11.111 such accea■ it 1-■■11tial tor u.intenance of per.aiient 1tabilis1tio:n on ■aid ■lope■ or -.tiiteuiice of t.be d.rainap, tacilitiea tor the prot.e,tioo aa4 uae of ~ other tban tbe Lot 011 vbteb tbe ■lope or clrainq"liT 1■ located. 'l'bat Hell Owner of' a Lot iii 1&14 'l'ract ViU not in an:, way interf'ere with tbe 81't&blbhed drlli.up pattern onr bi■ Lot froll. adJoi.niq or other Lot■ in ■aid '1'n.ct, or that be will Mite adeqwi.ta proY:Ldon• tor proper 4r&iq,p in the nent it 1, 111ce•_,,. to ebuge the 11tabl11hed 4n.1IMl&e Off?' bl■ lot. Par tha Purpoee1 hereof', "11talllilhed" drainage 1a defined u the dr&inp which occurred at the u-the onrall grading of aaid Tract, including th la-adecaping of each Lot in Rid Tract• WQ coapleted. by the UDder■isn-4 Onntor. 8. 'l'bat u,y building erected on IIZl;1" ot ■aid Lot, vbich bu been e<apl.eted. ah.a be .i.e-4 to c~ Vitb Heh and all of the RHtl'iction■ contuned .berei11 and no Actio.n IJb&U be brought to entoree all.id Re■triction■ by reason of &IQ' Yiolation occurrillg ia the erection ot al.id building •rter the •-laaa been cCllpleted, 11111th1Dg contaJ.ae4 berein to the cont.rm-,-nov Y1tllat&nd111C• 9. That tbe toreeo111C Co'1d.1t10Ql 0 11:ettrictlon• and COTltrlf.Qtl lhall cot1tbiue 1El t'Ull tore• aDd ettect wrt1l JUUU7 l, 2002 and there&tter tor il1Cceaa1Te period.a ,:,t 'hi! (10) Tear, each, proyided the Owen ot • aeJor1ty ot aaJ.d Lot■ Ila.Te Eec-ut.ed and Recor~ at UT tiM v1th111 S1:ic (6) Month■ prior to .iumar,-l, 2002 or v1th1n Sb: (6) Moat.Ila prior to tlle expiration ot &IQ'" ot ■aid aucce111n T1t11. (10) Year period., in the -r required tor the CODHJIIII.Ce ot real property, a Writ.ten Agr,a-t 1n wb1ch 11 ■et tortb an Acre-■nt on the part ot Hid Oirner■ or a 111Jor1ty ot •1114 :tot■ or Parcel.a D1 pro-ride that 11114 .Re■tr1ct1ona 10 continued ■ball not appl7 to certain or aa14 lot.I or Parcela, all ot w:blch at11111ou aDd lia1tet1011■ 1baU becoae ettectin on the exp1nt1on date ot the ll:e1tr1ct1on■ in torce at the t1-ot ■uch uteu1on or 11-itatlou. 10, Inft.11dation ot &D;J one ot the1• CoTenu.tl bJ' Judpent or Court Order lhal.l 1n no Vi■e attect &IQ'" ot the other prorl.'1011.1, which raaln1ng Pl'Ol'1■ion,, 1hall continue in ruu force and ettect. U. It tbe pu-tie1 hereto, or UT ot tb•, or tbe1r Heir•, or Al1igr,s, •ball •iolate or ati■.pt to Yiolate UT ot the11 Ccffellalltl herein, it •ball be l.aVhl tor an:, other peraon ovni.nc UT real property ■1tu.ted 1n aaid Dneloiaent or ■ubdJ•ia1on to pro,ecute &IQ'" procffd.inc:11 at law or 1n equity-ace,1nat the per,on or per1K11U1 Yiol.atinc or attapting to Yiolate &D;J aucb Co'nmam.• and either to pre-..eut b.iJI or t1-tl'0a ~ doing or to recOTer damage■ or other duea tor such •1oletion,. 12. A Bre11eb ot tbe ~t,, Re■tricttons or Ccmdit1on1 ■ball not render inn.lid tbe lien or charge ot any Mort.pp or Deed ot Trust la ,ooJ J'aith and tor ..-alue on 1a14 Lot• or propm-t.J-or uq port10II. thlno:', but 1&14 Coft8-ta, Re■tr1ct1ou and Coll.dition■ •hall be b1mliq upon and ettectbe llp.inat &D;J Owner ot aa14 lud vtio■e Title 1a acquired bJ' tile J'orecloaure ot 11a7 Lien or Nortpp thereon <..1' Sale 11114er UT Deed ot 'l'ruat gben to ■-cure tbe payullt ot NoMy-. 13. '!'be ~•• and Re■tr1ct1ou henib;J Adopted &114 B■tabl1abld do not and -■.l.l. not be CGD1trued nor ahal.l a br■11eh or Yiolat1011 tbereot be so coutrved -■ to create, ..-.st or re■el"ft to the ~ ttaaed Owner or hi• A11ign■, UT renr■1onary-right■, title or intere■t in or to the ahoTe 4eecribed la:n4 or 1117 part tbereot. )rder: 9922402529 1972-95563 CCR 04-18-1972 Page 2 of 3 ---.,--..c,.~-; r ~o ,. Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM I DJ WITIISS WHJCRml", WI bsve hereunto Ht our hanci. the da;y and 1•a.r t'ir-11t hneill aboTit vritten. LR PARTIIRSRIP, L'lD., • Laited Partner1hip 0, (f, BY; • \,{{, i,,u... • ' \at4:',_.- <__i BY: -y,,_j.. i, C,c+ 4 f"rF,l 7u : STATE Of C~UFORNIA } COUST'I OF --San_J)~-----ss. "" _-!_•-~~-!b...__!91!____ ·-·-------, l..r.,.. .... th< uod,nia,,ed, o Noi.'l' Public in •"d for .aid Cou"I) ;,_.. s.,.,_ ,.......,.11,-•PP••red-l~~1' V ,_ J_e~s!'ll_ ,-.AH~U....______!:~ _______ _ -------_ • k"""" 10 me •• b, • ----_aj.!._ __ o/ lbr /,."""' of th• (I.Ortn,...t.ip it.., o,..-u,,d 10< ,.;,Mn in,.,--.1, ••~ 0<-kooo~!.,I~ to m< <hOI 'I"<• pa ,, .... led lh• oa1r,e. N,.,.. <T)-ped or r;;·,,.;j)---- Natal)' Public in ••~ /Gr .. id C..,nlJ and Stalo Jrder: 9922402529 1972-95563 CCR 04-18-1972 "OR NOTARY SEAL OR STAMI' ' Page3of 3 ' ' ' \ Req..1ested By·. rukmani .m, Printed: 3/23/2024 2:43 AM R-.cordlnr, RequHted byi Fldellty NoHonal TIiie San Diego Office Return To: Wells Fargo Bank, N .A. FINAL DOCS F00\2-018 800 Walnut St DES MOINES, IA 50309 Property Add.rea: 4855 Sevilla WAY, Carlsbad, CA 92008~3816 Parcel Number: 2072730200 Deed of Trust DOC# 2023-0129942 111111a1111mn11H11111111111111m11111111m May 18, 2023 08:00 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $146.00 (S82 Alkins: $75.00) PAGES: 19 Definitions. Words used in multiple sections of this documont are defined below and other words are defined under the caption TRANSFER OF RIGI-ITS IN THE PROPERTY and in Sections 3, 4, 10, 11, 12, 16, 19, 24, and 25. Certain rules regarding the usage of words uSOO in this document arc also provided in Section 17. Parties (A) "Borrower" is Sean HeaJ and Breanne Heal, husband and wife as joint tenants, currently residing at 4855 SEVfLLA WAY, CARLSBAD, CA 92008-38 I 6. Borrower is the trustor under this Security Instrument. (B) "Lender" is Wells Fargo Bank, N.A .. Lender is a corporation organized and existing under the laws of United States of America. Lender's address is I 01 North Phillips Avenue, Sioux Falls, SO 57 l 04. Lender is the beneficiary under this Security Instrument. The term "Lender" includes any successors and assigns of Lender. (C) "TruJlee" is Fidelity National Title Ins Co. Trustee's address is 3700 State Street, Suite 110, Santa Barbara, CA 93105. The tenn "'lru.ftee" includes ~y substitute/succc:ssor Trustee. Documents (D) "Note" means the promissory note dated May 12, 2023, and signed by each Borrower who is legally obligated for the debt under that promissory note, that is in either (i) paper form, using Borrowets written pen and ink signature. or (ii) electronic fonn, using Borrower's adopted Electronic Signature in accordance with the UETA or E-- SIGN, as applicable, The Note evidencos the legal obligation of each Borrower who signed the Note to pay Lender one million one hundred ten thousand and 00/!00 Dollars (U.S. $1,l 10,000.00) plus interest. Each Borrower who signed the Note has promised to pay this debt in regular monthly payments and to pay the debt in full not later than June I, 20S3. (E) "Riders" means all Riders to this Security Instrument that are signed by Borrower. All such Riders are incorporated into and deemed to be a part of this Security Instrument. The following Riders are to be signed by Bon-ower [check box as applicable]: □ Adjustable Rate Rider □ 1-4 Family Rider □ Second Home Rider HCFG-0!221 □ Condominium Rider □ Othet(s) {specify] □ Planned Unit Development Rider D VA Rider CAI.-FORN1A,,81ngte F-1'-F•milt' Mulf<eddle Mao UNIFORM INSTRUMENT 346884523210 Form XIO!i07/llOZ1 .,,, Jrder: 9922402529 !023-129942 REC ALL Page 1 of 19 POQOi<>IU! Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM (F) "Security Instrument" means this document. which is dated May 12, 2023, together wlth all Riders to this document. Addltlonal Definitions (G) "AppU'cable Law" means all controlling applicable federal, state, and local statutes, regulations, ordinances, and administrative rules Bnd orders (that have the effect of Jaw) as well as aU applicable final, non.appealable judicial opinions. (II) "Community Association Dues, Fees, and Assessmenls" means all dues, fees, assessments, and other charges that are imposed on Bon'Ower or the Property by a condominium association, homeowners association, or similar organization. (I) "Default" means: (i) the failure to pay any Periodic Payment or any other amount secured by this Security Instrument on the date it is due; (ii) a broach of any representation, warranty, covenant, obligation, or agreement in this Security Instrument; (iii) any materially false, misleading, or inaccurate infonnation or statement to Lender provided by Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent, or failure to provide Lender with material infonnation in connection with the Loan, as described in Section 8; or (iv) any action or proceeding described in Section 12(e). (J) "FJectronic Fund Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers. automated teller machine transactions, transfers initiated by telephone or other electronic device capable of communicating with such financial institution, wire transfers, and automated clearinghouse transfers. (K) "Electronic Signature" means an ''Electronic Signature" as defined in the UETA or £..SIGN, as applicable. (L) "E-SlGN" means the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 ct seq.), as it may be amended from time to time, or any applicable 11dditional or successor legislation that governs the same subject matter. (M) "Escrow Items" means: (i) taxes and assessments and other items that can attain priority over this Security Instrument as a lien or encumbrance on the Property; (ii) leasehold payments or ground rents on the Property, if any; (iii) premiums for any and all insurance required by Lender under Section 5; (iv) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordanoe with the provisions of Section 11; and (v) Community Association Dues. Fees, and AsBessments if Lender requires that they be escrowed beginning at Loan closing or at any time during the Loan tenn. (N) "Loan" means the debt obligation evidenced by the Note, plus interest, any prepayment charges, costs, expenses, and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (0) "Loan Servicer" moans the entity that has the contractual tight to receive Borrower's Periodic Payments and any other payments made by Borrower, and administers the Loan on behalf of Lender. Loan Servicer does not include a sub-servicer, which is an entity that may service the Loan on behalf of the Loan Servicer. (P) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance :proceeds paid under tho coverages described in Section S) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (Q) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or Default on, the Loan. flCl'G-O'!z:21 CM.lFOA.NIA~ FllmitY""-il!I-Moo UHll'ORM IMTRUMENT 2omis,o,1.11,457~1eG629Y )rder: 9922402529 !023·129942 REC ALL Page 2 of 19 346884523210 F<ml 3005 Ol'r.11121 ..,, P.oge2oP18 Requested By: rukmani.m, Pnnted: 3/2312024 2:43 AM (R) "Partial Payment" means any payment by Borrower, other than a voluntary prepayment pennitted under the Note, which is less than a full outstanding Periodic Payment. (S) "Periodic PaynumJ" means the regularly scheduled lltnount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3. (I') "Property" means the property described below under the heading "TRANSFER OF RlGHTS IN 1HE PROPERTY." (U) "Rents" means all amounts received by or due BOJTower in connection with the lease, use, and/or occupancy of th_e Property by a party other than Borrower. (V) "RESP.A" means the Real Estate Settlement Procedures Act (12 US.C. § 2601 et seq.) and its implementing regulation, Regulation X (12 C.RR. Part 1024), as they may be amended from time to time, or any additional or successor federal legislation or regulation that governs the same subject matter. When used in this Security Instrument. "RESPA" refers to all requirements and restrictions that would apply to a "federaJly related mortgage loan" ~en if tho Loan does not qualify as a "federally related mortsase loan11 under RESPA. (W) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's ob1igations under the Note and/or this Security Instrument (X) "UETA" means the Uniform Electronic Transacthms Act, as enacted by the jurisdiction in which the .Property is located, as it may be amended from time to time, or any applicable additional or sucoossor Jegislation that governs the same subject matter. Transfer of Rights In the Property. This Security Instrument secures to Lender (i) the repayment oftb.e Loan, and all renewals, extensions, and modifications of the Note, and (ii) the perfonnance of801TOwer's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and convey.s to 'frwtee, in trust, with power of sale, the following described property located in the County of San Diego: SEE ATTACHED LEGAL DESCRIPTION EX\\\ \!,IT "A" Parcel ID Number(s): 2072730200 which currently has the address of 4855 Sevilla WAY Carlsbad, Calif om/a 92008·3816 ( "Property Address"); TOOE'fliER WITH all the improvements now or subsequently erected on the property, including replacements and additions to the improvements on such property, all property rights, including, without limitation, all easements, appurtenances, Rents, issues and pmfits thereof, royalties, mineral rights, oil or gas rights or profits, water rights, miscellaneous proceeds, insurance proceeds, and fixture.!I now or subsequently a part of the property. All of the foregoing is referred to in this Security Jnstrwnent as the "Property." BORROWER REPRESENTS, WARRANTS, COVENANTS, ANO AGREES that: (i) Borrower lawfully owns and possesses the Property conveyed in this Security Instrument in fee simple or lawfully has the right to use and occupy the Property under a leasehold estate; (ii) Borrower has the right to grant and convey the Property or BotTOwer's leasehold interest in the Property; and (iii) the Property is unencumbered, and not subject to any other ownership interest in the Property, except for encumbrances and ownership interests of record. Borrower warrants generally the title to the Property and covenants and agrees to defend the title to the Property against all clsims and demands, subject to any encumbrances and ownership interests of record as of Loan closing. n-tlS SECURITY INSTRUMENT combines unifonn covenants fur national use with limited variations and non•unifonn covenants that reflect specific California state requirements to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: HCFG-012.!1 QAl.lfORtUl\-£mgle famlly-F_,MI MM/FreQdlo Noc UNIFORM IHSTR!MENT )rder: 9922402529 W23·129942 REC ALL 2()231)111017,1. \.4!;l'W:!0180S29'r Page3ol 19 346884523210 Form 3006 0712021 ..,, P-3of16 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM 1. Payment of Prlnclpal, Interest, Escrow Items, Prepayment Chargn, and Late Charges. Borrower will pay each Periodic Payment when due. Borrower will also pay any prepayment charge.s and late charges due under the Note, and any other amounts due under this Security Instrument Payments due under the Note and this Security Instrument must be made in U.S. currency. If any check or other instrument received by Lender as payment under the' Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check, or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (d) Electronic Fund Transfer. Payments are doomed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section I 6. Lender may accept or retum any Partial Payments in its sole discretion pursuant to Section 2. Any offset or claim that Borrower may have now or in the future against Lender will not relieve Borrower from making du: full amount of all payments due under the Note and this Security Instrument or porforming the covenants and agreements secured by this Security Instrument. 2. Acceptance and Application of Payments or Proceedl. (a) Acceptan(!e and Applic:ation of Partial Payments. Lender may accept and either apply or hold in suspense Partial Payments in ita sole discretion in accordance with this Section 2. Lender is not obligated to accept any Partial Payments or to apply any Partial Payments at the time such paymonts are accepted, and also is not obligated to pay interest on such unapplied funds. Lender may hold such unapplied funds until Borrower makes payment sufficient to cover a full 'Periodic Payment, at which time the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a payment within a reasonable period of time, Lender will either apply such flmds In accordance with tbhi Section 2 or return them to Borrower. If not applied earlier, Partial Payments will be credited against the total amount due under the Loan in calculating the amount due in connection with any foreclosure proceeding, payoff roquest, loan modification, or reinstatement Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Secwity Instrument or prejudice to Its rights to refuse such payments in the future. (b) Order of App Ilea don of Partial Payments and Periodic: Payments. Except as otherwise described in this Section 2, If Lender applies a payment, such payment will be applied to each Periodic Payment in the order in which it became due, beginning with the oldest outstanding Periodic Payment, as follows: first to interest and then to principal due under the Note, and finally to Escrow ltems. tf alt outstanding Periodic Payments then due are paid In full, any payment amounts remaining may be applied to late charges and to any amounts then due under this Security Instrument. If all stuns 1hen due under the Note and this Security Instrument are paid in full, any remaining payment amount may be applied, in Lender's sole discretion, to a future Periodic Payment or to reduce the principal balance of the Note. [f Lender receives a payment from Borrower in the amount of one or more Periodic Payments and the amount of any late charge due for a delinquent Periodic Payment, the payment may be applied to the delinquent payment and the late charge. Wheo applying payments, Lender will apply such payments in accordance with Applicable Law. (c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Note. (d) No Change to Payment Schedule, Any application of payments, insurance procoeds, or Miscellaneous Proceeds to principal due under the Note will not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. llCFG-01221 CAllFORNll\~hglll f..,llf,F ....... --MIIC UNIFORM INST!lUM~NT W;i:l0!!1017,1.1.4575-J201eor.aY Jrder: 9922402529 ?023-129942 REC ALL Page4of 19 346884523210 Fam 300601/202\ -P-0-40116 l!Bllil Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM (a) Escrow Requirement; E1crow ltems. Borrower mll8t pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum of money to provide for payment of amounts due for all Escrow Items (the "Funds''). The amoWlt of the Funds required to be paid each month may change during tbe tenn of the Loan. B011ower must promptly furnish to Lender 8.11 notices or invoices of Rmounts to be paid under this Section 3. (b) Payment ofFund1; Waiver. Bonower must pay Lender the Funds fur Escrow Items unless Lender waives this obligation Ul writing, or unless prohibited by Applicable Law. Lender may waive this obligation for any Escrow Item at any time. In the event of such w!Uver or prohibition, Bonower must pay directly, when and where payable, the amounts due for any Escrow Items and Lender may require Borrower to provide proof of direct payment of those items within such time period as Lender may require. Borrower's obligation to make such timely payments and to provide proof of payment!$ deemed to be a eovenant and agreement of Borrower under this Security Instrument If Borrower is obligated to pay Escrow Items directly, and BoITOwer fails to pay timely the amount due for an Escrow Item, Lender may exercise iu rights under Section 9 to pay such amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section 9. Unless prohibited by Applicable Law, Lender may withdraw the waiver as to any or all Escrow Items at any tlme by giving a notice in accordance witb Section 16; upon such withdrawal, Bo1TOwcr must pay to Lender all Funds for such Escrow Items, and in such amounts, that a.re then required under this Section 3. (c) Amount of Funds; Appllcatloe of'.FundJ. Lender may, at any time, collect and hold Funds in an amount up to, but not in excess of, the maximum amount a lender can require under RES PA. Lender will estimate the amount of Funds due in accordance with Applicable Law. The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later ?ban tho time specified under RES PA. Lender may not charge Borrower for: (i) holding and applying tbe Funds; (ii) annually analyzing the escrow acoount; or (iii) verifying the Escrow Items, unless Lender pays Bormwer interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Lender will give, to Borrower, without charge, an annual accounting of the Funds as required by RESPA. (d) Surplus; Sbortage and Deflcleuq of Funds. In acoordance with RBSPA, iftbcre is a surplus of Funds held in escrow, Lender will account to Borrower for such surplus. If Borrower's Periodic Payment is delinquent by more than 30 days, Lender may retain the surplus in the escrow account for the payment of the Escrow Items. lf there is a shortage or deficiency of Funds held in escrow. Lender will notify Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or deficiency in accordance with RESPA. Upon payment in full of all sums secured by this Security Instrument, Lender will promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower mu.St pay (a) all taxes, assessments, charges, fines, and impositions attributable to the Property which have priority or may attain priority over this Security Instrument, (b) leasehold payments or ground rents on the Property, if any, and (c) Community Association Dues, Fees, and Assessments, if any. If any of these items are Escrow Items, Borrower will pay them in the manner provided in Section 3. Borrower must promptJy discharge any lien that has priority or may attain priority over this Security Instrument unless Borrower: (aa.) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning under such agreement; (bb) conte~ the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which Lender detennines, in its sole discretion, operate to prevent the enfurcement of the lien while those proceedings are pending. but only until such proceedings are concluded; or (cc) secures from the holder of the lien an agreement satisfactory to Lender that subordinates the lien to this Security lnstrument (collectively, the "Required A..clions ''). If Lender detmnines that any part of the Property ls subject to a lien l!CFG--012.11 CALFOF!N!Mllngl& Fa<nlt),-.f ........ --Mac UNIFORM INST~Ur,jENT )rder: 9922402529 W23·129942 REC ALL 20230511)17.1, 1.'467s.J2019352W PageSof 19 346884523210 ~ 300!i 07r.ioo, -Pago50!18 IIMll!il Requested By: rukmarn.m, Printed: 3/23/2024 2:43 AM that has priority or may attain priority over this Security Instrument and Borrower has not taken any of the Required Actions in regard to such lien, Lender may give Borrower a notice identifyU1g the lien. Within 10 days after the date on which that notice is given, Borrower must satisfy the lien or take one or more of the Required Actions. 5. Property Insurance. (a) Insurance Requirement; Coverages. Borrower must keep the improvements now existing or subsequently erected on the Property insured against loss by fire., hazards included wnhin the term "ext.ended coverage," and any other b&2ards including, but not limited to, earthquakes, winds., and floods, for which Lender requires insurance. Borrower must maintain the types of insurance Lender requires in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan, e.nd may exceed any minimum coverage required by Applicable Law. Borrower may choose the insurance carrier providing the insurance, subject to Lender's right to disapprove Borrower's choice, which right will not be exercised unreasonably. (b) Failure to Malntain Iesuranee. If Lender has a reasonable basis to believe that Borrower 1w failed to maint.ain any of the required insurance coverages described abow, Lender may obt.ain insurance coverage, at Lender's option and at Borrower's expense. Unless required by Applicable Law, Lender is under no obligation to advance premiums for, or to seek to reinstate, any prior lapsed coverage obtained by Borrower. Lender is under no obligation to purchase any particular type or amount of coverage and may select the provider of such iMuranoe in its sole discretion. Before purchasing web coverage, Lender will notify Borrower if required to do so under Applicable Law. Any such coverage will insure Lender, but might not protect BM'Ower, Bonower's equity in the Property, or the contents of the Property, against any risk, hazard, or liability and might provide greater or lesser coverage than was previously in effect, but not exceeding the coverage required under Section 5(a). Borrower acknowledges that the cost of the insurance coverage so obtained may signiftcandy exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender for costs associated with reinstating Borrower's insurance policy or with placing new insurance under this Section 5 will become additional debt of BOTl'Ower secured by this Security Instrument. These amounts will boar interest at the Note rate from the date of disbursement and will be payable, with such interest, upon notice from Lender to BoITOwer requesting payment (c) Insurance Pollcte.. All insurance policies rcqulred by Lender and renewals of such policies: (i) will be subject to Leuder's right to disapprove such policies; (ii) must include a standard mortgage clause; and (iii) must name Lender as mortgagee and/or as an additional toss payee, nnd Borrower further agroes to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender will have the right to hold the policies and renewal certificates. If Lender r«tUires, Borrower will promptly give to Lender proof of paid premiums and renewal notices. If Bon'ower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy must include a st.andard mortgage clause and must name Lender as mortgagee and/or as an additional loss payee, and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. (d) Proof of Lou; Application or Proceeds. ln the event of loss, Borrower must give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Any insurance proceeds, whether or not the underlying insurance was required by Lender, will be appJied to restoration or repair of the Property, if Lender deems the restoration or repair to be economically feasible and determines that Lender's security will not be lessened by such restoration or repair. If the Property is to be repaired or restored, Lender will disburse from the insurance proceeds any initiaJ amounts that are necessary to begin the repair or restoration, subject to any restrictions applicable to Lender. During the subsequent repair and restoration period, Lender wiJI have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction (which may include satisfying Lender's minimum eligibility requirements for parsons repairing the Property, including, but not limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. HCFG-Ol:2:21 CIIUFORNIMI~ F.,lly-.foml& MH/fltall,o Mac UNlfOM INSlRUMENT Jrder: 9922402529 !023-129942 REC ALL :z«r.!051017.1. \.ffiM01eo521lV Page6of 19 346884523210 Fvrr, 3005 07/2ll:21 ""' Pi,go 8 cl 16 IBMIIIII Requested By: rukmani.m, Printed: 3/2312024 2:43 AM Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, depending on the siz.e of the repair or restoration, the tenns of the repair agreement, and whether Borrower is in Def auk on the Loan. Lender may make such disbursements directly to BoJTOwer, to the person repairing or restoring the Property, or payable jointly to both. Lender will not be required to pay Borrower any interest or earnings on sooh insurance proceeds unless Lender and Borrower agree in writing or AppJicable Law requires otherwise. Fees for public adjusters, or other third parties, retained by Borrower will not be paid out of the insurance proceeds and will be the sole obligation of Borrower. If, in accordance with Applicable Law, Lender deems the restoration or repair not to be economically feasible or Lender's security would be lessened by such restoration or repair, the insurance proceeds will be applied to the sums secured by this Security Instrument. whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds will be applied in the order that Partial Payments are applied in Section 2(b). (e) lna:urance Settlementa; Aulgnment of Proceed,. If Borrower abandons the Property, Lender may file, negotiate, and settle any available insurance claim and related matters. If Borrower does not reapond within 30 days to a notice from Lender th.at the insurance carrier bas offered to settle a claim, then Lender may negotiate and settle the claim. The 30--day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 26 or otherwise, BoTTOwer is unconditionally assigning to Lender (i) Borrower's rights to any insurance proceeds in an amount not to excood the amounts unpaid under the Note and this Security Instrument, and (ii) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Bottower) under all insurance policies covering the Property, to the extent that such rights arc applicable to the coverage of the Property. If Lender tiles, negotiates, or settles a claim, Borrower agrees that any insurance proceeds may be made payable directly to Lender without the need to include BotTOwer flS an additional loss payee. Lender may use the insurance prooeeds either to repair or restore the Property (as provided in Section S(d)) orto pay amounts unpaid under the Note or this Security Instrument, whether or not then due, in accordance with Applicable Law. 6. Occupancy. Bon-ower must occupy, establish. and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and must continue to occupy the Property 8.11 Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent will not be unreasonably withheld, or unless extenuating circumstances exist tbat are beyond Borrower's control. 7. Preservation, Maintenance, and Protection of the Propertyj lnapectlona. Borrower will not destroy, damage, or impair the Property, allow the Property to deteriorat.e, or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to Section 5 that repair or restoration is not economically feasible, Borrower will promptly repair the Property if damaged to avoid further deterioration or damage. • If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the taking of, the Property, Borrower will be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, depending on the size of the repair or restoration, the tenns of tho repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower remains obligated to complete such repair or restoration, Lender may make reasonable entries upon and inspections ofthe Property. If Lender has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's loan Appllcatlon. Borrower will be in Default i:( during the Loan application process, Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent gave materially false, HCFG.01221 CALIFORNIA-Str,Q!o, Fornl~1nnlo M-lo Mio> UNIFORM INSTRUl,!!:NT )rder: 9922402529 ~023·129942 REC ALL Page7of 19 348884523210 Fo:m 300607/2021 -P11Qll1ol16 llillif!fllllil Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material information) in connection with the Loan, including, but not limited to, overstating Borrower's income or assets, understating or failing to provide documentation of Borrower's debt obligations and liabilities, and misrepresenting Borrower's occupancy or intended occupancy of the Property as Botrower's principal residence. 9. Protection of Lender"s Interest in the Property and Rights Under this Security Instrument. (a) Protection or Lender'• Interest. If: (i) Borrower fails to perform the covenants and agreements contained in this Security Instrument; (ii) there is a legal proceeding or govemment order that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforceme11t of a lien that has priority or may attain priority O\'er this Security Instrument, or to enforce laws or regulations); or (iii) Lender reasonably believes that Borrower has abandoned the Property, then Lender may do and pay fur whatever is reasonable or appropriate to protect Lender's interest in the Property and/or rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions may include, but are not limited to: {I) paying any sums secured by a lien tha.t has priority or may attaln priority over this Security Instrument; (II) appearing in court; and (III) paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation fees; and (C) other fees incurred for the purpose of protecting Lendet's interest in the Property and/or rights under this Security Instrument, .including its secured position in a bankruptcy proceeding, Securing the Property includes, but is not lim.ited to, exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or boanting up doors and windows, draining water from pipes, eliminating building or other code violations or dangerous conditions, and having utilities turned on or off, Although Lender may take action under this Section 9, Lender is not required to do so and is not under any duty or obligation to do so. Lender will not be liable for not taking any or all actions authorized under this Sootion 9. (b} Al'o.ldiag Foredo,ure; Mitigating Lo&,es. If Borrower is in Default, Lender may work with Borrower to avoid foreclosure and/or mitigate Lender's potential losses, but is not obligated to do so unless required by Applicable Law. Lender may take reasonable actions to evaluate Borrower for available alternatives to fureclosura, including, but not limited to, obtaining credit reports, tide repomi, title insurance, property valuations, subordination agreements, and third~party approvals. BotTOwer authorizes and consents to these actions. Any costs associated with such loss mitigation activities may be paid by Lender and recovered from Borrower as described below in Section 9(c), unless prohibited by Applicable Law. (c) Additional Amounts Secured. Any amounts disbursed by Lender under this Section 9 will become additionaJ debt of Borrower securod by this Security Instrument. These amounts may bear interest at the Note rate from the date of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesting payment (d) Leasehold Turms. If this Security Instrument is on a leasehold, Borrower will comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender agrees to the merger in writing. 10. Assignment of Rants. (a) Assignment ofRentii. If the Property is leased to, used by, or occupied by a third party ( "JBnant"), Borrower is W1condit:ionally assigning and transferring to Lender any Rents, regardless ofto whom the Rents are payable, Th.is assignment of Rents constitutes a perfected, absolute and present assignment. Lender grants to BotTOwer a license to collect, but not prior to accrual, and retain the Rents; however, upon the ocoummce and during the continuance of an event ofDefault, Borrower's license to collect and retain the Rents will immediately terminate. Under this license, Borrower will receil'e the Rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and (ii) Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section 10 constitutes an absolute assignment flJld not nn assignment for additional security only, ttCFG-.01221 CAUFORNIA-8""'"' Fomlly-fl(IIH _,,,,_ Moo UNIFORM INSTRU~ENT )rder: 9922402529 1023-129942 REC ALL 20230!51 0'I 7. 1 , 1.4fl75.J201800211Y Page 8 ot 19 346864523210 fOffll 9005 07f.l021 ""' P91118of\8 111~11111 Requested By: rukmanLm, Printed: 3/23/2024 2:43 AM (b) Notice of Default. If Lender gives notice of Default to Borrower, all of the following will apply, unless prohibited by Applicable Law: (i) all Rents received by Borrower must be held by B01TOWer as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv) Borrower will ensure that each Tenam pays all Rents due to Lender and will take whatever action is necessaty to collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender will be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limit'Od ~ reasonable attorneys' fees and costs, receiver's fees, premiums on receiver's bonds, repair and maintenance costs., insurance premiums, taxes, assessments, and other charges on the Property, and then to any other sums secured by this Security Instrument; (vi) Lender, or any judicially appointed receiver, will be liable to account for only those, Rents actually received; and (vii) Lender will be,..entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the ittadC(juacy of the Propeny as security. (c) Funds Paid by Lender. If the Rent!! a.re not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents, any funds paid by Lender for such purposes will become indebtedness of Borrower to Lender secured by this Security Instrument pursuant to Section 9. (d) Limitation on Collection ofRentl. Borrower may not collect any of the Rents more than one month in advance of the time when the Rents become due, except for security or similar deposits. (e) No Other A11lgnraent of Rena. Borrower represents, warrants, oovenant5, and agrees that Borrower has not signed any prior assignment of the Rents, will not make any further assignment of the Rents, and has not perfonned, and will not perfotn1, any act that could prevent Lender from exercising its rights under this Security Instrument. (J) Control and Maintenance of the Property, Unless required by Applicable Law, Lender, or a receiver appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the Property before or after giving notice of Default to Borrower. However, Lender, or a receiver appointed under Applicable Law. may do so at any time wh(lfl Borrower is in Default, subject to Applicable Law, (a:) Additional Provbiona. Any application of the Rents will not cure or waive any Default or invalidate any other right or remedy of Lender. This Section 1 O d°"s not relieve Borrower of Borrower's obligations under Section 6. This Section 10 will tenninate when all the sums secured by this Security Instrument are paid in full. 11. Mortgage Insurance. (a) Payment of Premiums; Subadtutlon of Polley; Lou Re1erve; Protection of Lender, JfLender required Mortgage Insurance as a condition of maklng the Loan, Borrower will pay the premiums required to maintain the Mortgage Insurance in effect. If Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, and (i) the Mortgage Insurance coverage required by Lender oeascs for any reason to be available from the mo1tgage insurer that previously provided such insurance, or (Ii) Lender detennines in its sole discretion that such mortgage insurer is no longer eligible to provide the Mortgage Insurance coverage required by Lender, Borrower will pay the premiums required to obtain coverage substantially equivalent to the Mortgage lnsuranco previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously-in effect. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage lnSUJ1U1ce coverage is not available, Borrower will continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use, and retain these payments as a non•refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve will be non•refundable. even when the Loan is paid in full, and Lender will not be required to pay Borrower any interest or earnings on such loss reserve, unless required by Applicable Law. HCfG.a1:t!i CI\IJFOM!v..s.,,go. F..,,lly-4'•nnio -..,.,_, u.c U"IIFOFW ll<jSfflUM~r Jrder: 9922402529 !023-129942 REC ALL 2CQ30!i11117.1.1.457fo.J20180629V Page9ot 19 346884523210 f<l<m 300!I 07r.!021 =, PR009ol18 11a111rn1 Requested By: rukmani.m. Printed: 3/23/2024 2:43 AM Lender will no l~nger require loss TCServe payments if Mortgage Insurance coverage (in the amount and for lhe period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and BOITOwer was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower will pay the premiums requiTCd to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wlitten agreement between Borrower and Lender providing for such tennination or until tennination is required by Applicable Law. Nothing in this Section 11 affects Borrower's obligation to pay interest at the Note rate. (b) Mortgage Insurance Agreementa. Mortgage Insurance reimburses Lender for certain losses Lender may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance policy or coverage. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses, These agreements may require the mortgage insurer to make payments using any source offunds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from {or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Any such agreements will not: (i) affect the amounts that Borrower has agreed t:o pay for Mortgage Insurance, or any other terms of the Loan; (ii) increase the amount Borrower will owe for Mortgage Insurance; (iii) -entitle Borrower to any refund; or (iv) e:ffect the rights Borrower has, if any, with respect to the Mortgage Insurance under the Homeowners Prot.ection Act of 1998 (12 U.S.C. § 4901 et seq.), as it may be amended from time to time, or any additional or succe6.'lor federal legislation or regulation tttat governs the same subject matter { "HPA "). These rights under the HPA may include the right to receive certain disclosures, to request and obtain cance1lation of the Mortgage Insuran~ to have the Mortgage Insurance terininatod automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tennination. 12. Asalgnment and Application of Mlscellaneous Proceeds; Forfeiture. (a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive all Miscellaneous Proceeds to Lender and agrees that suctt amount!l will be paid to Lender. (b) Applieatlon ofMlsc:ellaneou1 Proceeds upon Damage to Property. If the Property is damaged, any Miscellaneous Proceeds wi11 be applied to restoration or repair of the Property, if Lender deems th.e restoration or repair to be economicatly feasible and Lender's security will not be lessened by such restoration or repair. During such repair and restoration period, Lender will have the right to !told such Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction (which may include satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, depending on the siu of the repair or restoration, the tenns of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or Applicable Law requires int.crest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair not to be economically feasible or Lender's security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, unless prohibited by Applicable Law, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b). HCFG-01221 CALll'ORHIA.-Slr,gle F_,,ly..fan!lkl 111..n:1'8<111NI MIio UN FORM INSTRWENT )rder: 9922402529 !023·129942 REC ALL W<3!)!; 1<117, 1.1 . ~5 71\,..t2011lC52!1\' Page 10 of 19 346B84523210 f<)nli :!006 07/2021 -Page101Jf1~ lllltlflllll\11 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM (c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Lou in Value otthe Property, JR the event of a total taking. destruction, or loss in value of the Property, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, unless prohibited by Applicable Law, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property (each, a "Partial Devaluation") where the fair market value of the Property immediately before the PartiaJ Devaluation is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums S(ICl]ted by this Security Instrument, unless prohibited by Applicable Law, or unless Borrower and Lender otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is detennined by multiplying the total amount of the Miscellaneous Proceeds by a percentage calculatod by taking (I) the total amount of the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value ofthe Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to Borrower. ln the event of a Partial Devaluation where the fair market value of tho Property immediately before the Partial Devaluation is less than the amount oftbe sums secured immediately before the Partial Devaluation, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in writing. (d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 days after the dat.e Lender notifies Borrower that the Opposing Party (as defined in the next sentence) offers to settle a claim for damages. "Oppo.ri11g Party" means the third party that owes Borrower the Miscellaneous Pl'oceeds or the party against whom BOtTOwet hu a right of action in regard to the Miscellaneous Proceeds. (e) Proceeding Affecting Lender's Interest In the Property. Borrower will be in Default if any action or proceeding begins, whether civil or criminaL that, in Lender's judgment, could result in forfeiture of the Property or other material impainnent of Leader's interest in the Property or rights under this Security Instrument, unless prohibited by Applicable Law. Borrower can cure such a Default and, if acceleration has occurred, reinstate as provided in Section 20, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes fotfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. 801rower is unconditionally assigning to Lender the proceeds of any award or claim for damages that are attributable to the impairment ofl.ender's interest in the Pl'Operty, which proceeds will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be applied in the order that Partial Payments are applied in Section 2(b), 13, Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Suooessor in Interest of Borrower will not be released from liability under this Security Instrument if Lender extends the time for payment or modifies the amortization oftbe sums secured by this Security Instrument. Lender will not be required to commence proceedings against any Successor in Int-crest of Borrower, or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument, by reason of any demand made by the original Borrower or any Successors in Interest ofBOTTOwcr. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities, or Successors in Interest of Bon'ower or in amounts less than the amount then due, will not be a waiver of, or preclude the exercise of, any right or remedy by Lender. 14. Joint and Several Liablllty; Signatories; SucceBSors and Assigns Bound. Borrower's obligations and liability under this Security Instrument will be joint and several. However, any Borrower who signs this Security Instrument but does not sign the Note: (a) signs this Security Instrument to mortgage, grant, and convey such Borrower's interest in the Property under the tenns of this Security Instrument; (b) signs this Security Instrument to HCFG-01221 CAUFOIINIMl!ngle Fwnll~ilmHO-Mao UNIFORM INSTIIUM:Elff )rder: 9922402529 !023-129942 REC ALL 2023001017, \, 1,467~160Sl!CIV Page11ol19 346864523210 FQm\ 300:5 (17/2021 -l'-,ef1o!1B ·~•11111 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM wai':e any ~pplicab)e inchoate rights an~ any avai!able homestead exemptions, unJess prohibited by Applicable Law; (c) signs thts Secunty Instrument to MSlgtl any Mtseellaneous Proceeds, Rents, or other earnings from the Property to Lender; (d) is not personally obligated to pay the sums due under the Note or this Security Instrument; and (e) agrees that Lender and any other Bom,wer can agree to extend, modify, forbear, or make any accommodations with regard to the tenns of the Note or this Security Instrument without such Borrower's consent and without affecting such BotTOWer's obligations under this Security Instrument. Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by lender, will obtain all of Borrower's rights, obligations, and benefits under this Security Instrument. Borrower will not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 15. Loan Charges. (a) Tax and Flood Determination Fen. Lender may require Borrower to pay (i) a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan, and (ii) either (A) a o~time charge for flood zone determination, certification, and tracking services, or (B) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur that reasonably might affect such determination or certification. Borrower will also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during the Loan tenn, in connection with any flood zone determinations. (b) Default Charges. If permitted under Applicable Law, Lender may charge Borrower fees for services perfonned in connection with Borrower's Default to protect Lender's interest in the Property and rights undor this Security Instrument. including: {i) reasonable attorneys' fees and cosUI; (ii) property inspection, valuation. mediation, and loss mitigation fees; and (iii) other related fees. (c) Permissibility of Fees. In regard to any other fees. the absence of express authority in this Security lnstrument to charge a specific fee: to Borrower should not be construed as a prohibition on the c:harging of such foe. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. (d) Savings Clause. If Appllcable .Law sets maximum loan charges, and that law is finally interpreted so that the interest or other loan c:harges collected or to be collected In connection with the Loan exceed the permitted limits, then (i) any such loan charge will be reduced by the amount necessary to reduce the c:harge to the pennitted limit. and (ii) any sums already collect.ed from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without aoy prepayment chara;e (whether or not a prepayment charge is provided for under the Note). To the extent pennitted by Applic:able Law, Borrower's acceptance of any such refund made by direct payment to BotTOwer will constitute a waiver of any right of action Bo11ower might have arising out of sucb overcharge. 16. Notlce&j Borrower'• Physical Addresa. All notices glven by Borrower or Lender in connection with this Security Instrument must be in writing. (a) Notices to Borrower. Unless Applicable Law requires a different method, any written notice to 8-0rrower in connection with this Security Instrument will be deemed to bave been given to Borrower when (i) mailed by first class mail, or (ii) actually delivered to Borrower's Notice Address (as defined in Section 16(c) below) if sent by means other than first class mail or Electronic Communication (as defined in Section l 6(b) below). Notice to any one Borrower will constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. If any notice to Borrower required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (b) Eledronic Notice to Borrower. Unl<:ss another delivery method is requirad by Applicable Law, Lender may provide notice to Borrower by e-mail or other electronic communication ( "Electtonic Communication") if: (i) agreed l'IC~G-01221 C:l'll1FOIINIA-61riQk, f_,,lr-F.....,., MaOIF...-Uo<: UNlfORIII INSTRIJMENT Jrder: 9922402529 !023·129942 REC ALL :imaos, 017 , 1 , 1 ,"675"2() 1B0629Y Page 12 of 19 3468&4523210 fotm300!i07r.Krl:1 ""' Pagol2d16 la!lllil Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM to by Lender and Bon'Ower in writing; (ii) Borrower has provided Lender with Borrower's e--mail or other electronic address ( "E/«1trontc Address"); (iii) Lender provides Bonower with the option to receive notices by first class mail or by other non-Electronic Communication instead ofby Electronic Communication; and (iv) Lender otherwise complies with Applicable Law. Any notice to Borrower sent by Electronic Communication in connection with this Security Instrument will be deemed to hnve been given to Bom>WCr when sent unless Lender becomes aware that such notice is nol' delivered. lf Lender becomes 11warc that any notice sent by Electronic Communication is not delivered, Lender will resend such communication to Borrower by first class mail or by other non-Electronic Communication. Borrower may withdraw the agreement to receive Electronic Communications from Lender at any time by providing written notice to Lender of Borrower's withdrawal of such agreement. (c) Dor.rower's Notice Address. The address to which Lender will send Botrower notioe ( "Notice Address") will be the Property Address unless Borrower has desigrurted a different address by written notice to Lender. If Lender and Borrower have agreed that notice may be given by Electronic Communication, then Bon-ower may designate an Electronic Address as Notice Address. Borrower will promptly notify Lender of Borrower's change of Notice Address, including any changes to Borrower's Electronic Address if designated as Notice Address. If Lender specifies a procedure for reporting Borrower's change ofNotice Address, then Borrower will report a change of Notice Address only through that specified procedure. (d) Notkea to Lender. Any notice to Lender will be given by delivering it or by mailing it by first class mail to Lender's address stated in this Security Instrument unless Lender has designated another address (including an Electronic Address) by notice to Borrower. Any notice in connection with this Security Instrument will be deemed to have been given to Ulnder only when actually received by Lender at Lenders designated address (which may include an Electronic Address). If any notice to Lender required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (e) Borrower's PhyaJcal Addl'CIIJ. In addition to the designate.d Notice Address, Borrower will provide Ulnder with the address where Borrower physically resides, if different from the Property Address, and notify Lender whenever this address changes. 17. Govemlng Law; Severablllty; Rules of Consb'uction. This Security Instrument is governed by federal law and the law of the State of California. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. If any provision of this Security Instrument or the Note conflicts with Applicable Law (i) such conflict will not affect other provisions of this Security Instrument or the Note that can be given effect without tltt: conflicting provision, and (ii) such conflicting provision. to the extent possible, will be considered rnodifiod to comply with Applicable Law. Applicable Law might explicitly or implicitly allow the parties to ngroe by contract or It might be silent, but such silence should not be construed as a prohibition agaiost agreement by contract. Any action required under this Security Instrument to be made in accordance with Applicable Law is to be made in accordance with the Applicable Law in effect at the time the action is undertaken. As used in this Security Instrument; (a) words in the singular will mean and include the plural and vice versa; (b) the word "may" gives sole discretion without any obligation to take any action; (c) any reference to ''Section" in this document refers to Sections contained in this Security Instrument unless otherwise noted; and (d) the headings and captions are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Security Instrument or any particular Section, paragraph, or provision. 18, Borrower's Copy. One Borrower will be given one copy of the Note and of this Secw-ity Instrument. 19, Transfer of the Property or a Beneflclal Interest In B01Tower. For purposes of this Section 19 only, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. HCFM1:U! C.-lllFOA.NIMlfVI Farnlly-Fomio ~-Mao UNIFORM INllTFltMENT 202Sll51017.1.1.~~,IK)!l2lj'!' Jrder: 9922402529 Z023·129942 REC ALL Page 13 of 19 346884523210 F<irm 300!i 0712C121 """ P"1!'11S<lf18 ll!lti(;!flll!I Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM lfall or any part of the Property or any Interest in the Property is sold ortronsfeJTed (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immodiate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration, The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument, If Borrower fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without :further notice or demand on Borrower and will be entitled to colloct all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys' fees and costs; (b) property inspection and valuation fees; and (c) other fCCli incurred to protect Lender's Interest in the Property 1md/or rights under this Security Instrument. 20, Borrower'• Right to Reinstate the Loan after Accelaratlon. If Borrower meets certain conditions, Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument discontinued at any time up to the later of (a) five days before any foreclosure sale of the Property, or (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate. This righ.t to reinstate will not apply in the case of acceleration under Section 19. To reinstate the Loan, Borrower must satisfy all of the following conditions: (aa) pay Lender aJl sums that then would be due under this Security Instrument and the Note aa if no acceleration had occurred; (bb) cure any Default of any other covenanui or agreements under this Security Instrument or the Note; (cc) pay all expenses incurred in enforcing this Security Instrument or the Note, including, but not limited to: (i) reasonable attorneys• fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property and/or rights under this Security Instrument or the Note; and (dd) take such action as Lender may reasonably require to a~sure that Lender's interest in the Property and/or rights under this Security Instrument or the Note, and Borrower's obligation to pay tl1e sums secured by this Security Instrument or the Note, will continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank check, treasurer's check, or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal asency, instrumentality, or entity; or (ddd) Electronic Fund Transfer. Upon Borrower's reinstatement of the Loan, this Security Instrument and obligations secured by this Security Instrument wi11 remain fully effective as if no acceleration had occurred. 21. Sale of Note. The Note or a partial interest in the Note, together with this Security Instrument, may be sold or otherwise transferred one or more times. Upon such a sale or other transfer, all of Lender's rights and obligations under this Security Instrument will convey to Lender's successors and assigns. 22. Loan Servicer. Lender may take any action pennitted under this Security Instrument through the Loan Servicer or anothet· authorized representative, such as a sub-servicer. Borrower understands that the Loan Servicer or other authorized representative of Lender has the right snd authority to take any such action. The Loan Servicer may change one or more times during the tenn of the Note. The Loon Servicer may or may not be the holder of the Note. The Loan Servicer has the right and authority to: (a} collect Periodic Payments and any other amounts due under the Note and this Security Instrument; (b) perfonn any other mortgage loan servicing obligations; and (c) exercise any rights under the Note, this Security Instrument, and Applicable Law on behalf of Lender. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made, and any other information RESPA requires in connection with a notice of transfer of servicing. 23. Notice of Grievance. Until BoJTOWer or Lender h.as notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective HCFG-01221 CALIFOON.....Slngl♦ Fll!'lil)'~_,nle MN/Fl'O<ll;IWI M .. UNIFORM J,!STRIJMENT )rder: 9922402529 ?023·129942 REC ALL = i 017. 1. 1 .◄676-J:I0'\1Kl52QV Page 14 of 19 346884523210 fom,300e(J1QQ21 -Pogol~<ll111 Requested By: rukmam.m, Printed: 3/23/2024 2:43 AM action, neither Borrower nor Lender may commence. join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party's actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Seeurity Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period wilt be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 23. 24. Hazardous Substancea. (a) Deftnftions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws where the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardtn4!J Substances" include (A) those substances defined as toxic or hazardous substances. pollutan~ or wastes by Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnnldehyde, corrosive materials or agents, and radioactive materials; (iii) "Emiironmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (iv) an "Environmental Condih'on" means a con(jition that can cause, contribute to, or oth.erwise trigger an Environmental Cleanup. (b) RestrlctioM on Use ofHaza.J'IJoWI Substances. Bon-ower will not cause or pennit the presence, use, disposal, storage, or release of any Hai.ardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything atfecting the Property that: (i) violat.es Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presonce, use, or release of a Hazardous Substance, ereates a condition that adversely aff'octs or could adversely affect the value of the Property. The preceding two sentences will not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are genera11y recognized to be appropriate to nonnal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). (c) Nodcea; Remedial Acdons. Borrower will promptly give lender written notice of: (i) any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving tho Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Ha7.ardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Subst.ance that adversely affecai the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing 111 this Security Instrument will create any obligation on LendN for an Environmental Cleanup. 25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the debt for this Loan is electronic, Borrower acknowledges and represents to Lfflchlr that Borrower: (a) expressly consented and intended to sign the electronic Note using an Electronic Signature adopted by Botrower ( "Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen and ink signature; (b) did ·not withdraw Borrower's express consent to $lgn the electronic Note using Bo1Tower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its terms; and (d) signed the electronic Note with Borrower's Bleclronic Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its tenns. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 26. Accelentlon; Remedies. HCFG-01221 CAI.IF~IA..Sing\41 F•nl)"f...., ...... _. .. Moo \JHIFORM INSTRUMl;NT 20211C161017.1, 1,-16'/8-J201110s:a!V Page15of 19 346884523210 Fom, 3005 07f.Xl21 -l'-1!ol1e IB!■llil )rder: 9922402529 W23-129942 REC ALL Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM (a) Notice of Default, Lender will give a notice of Default to BotTOwer prior to acceleration following Borrower's Default, except that such notice of Default will not be sent when Lender exercises its right under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to any other infonnation required by Applicable Law: (i) the Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or as otheiwise specified by Applicable Law) from the date the notice is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on or before the date specified in the notice may resuh in acceleration of the sums secured by this Security Instrument and sale of the Property; (v) Borrower's right to reinstate after acceleration; and (vi) Bom:,wer's right to bring a court action to deny the existence of a Default or to assert any other defense of Borrower to acceleration and sale. (b) Acceleration; Power of Salej Expe.osea. If the Default is not cured on or before the date specified in the notice, Lender may require immediate payment in full of all surns secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 26, including, but not limited to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to proU,Ct Lender's interest in the Property and/or rights under this Security Instrument. (c) Notice of Sale; Sale of Property. If Lender invokes the power of sale, Lender will execute or cause Trustee t.o execute a written notice of the occurrence of an event of Default and of Lender's election to cause the Property to be sold. Trustee will cause this notice to be recorded in each county in which any part of the Property is located. Under or Trustee will mail copies of the notice as prescribed by Applicable Law to Borrower and to the other required recipients. Trustee will give public notice of sale to the persons and in the manner prescribed by Applicable Law, At n ti.me pcnnitted by, and in accordance with Applice.ble Law, Trustee, without further demand on BoJTOWOr, will sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee detennines. Unless prohibited by Applicable Law, Trustee may postpone sale of all or any parcel of the Property by public announC(!ment at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. (d) Trustee', Deed; Proceed» of Sale. Trustee will deliver to the purchaser a Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. Tile recitals in the Trustee's deed will be prima facie or conclusive evidence of the truth of the statements made in that deed, in accordance with Section 2924(c) of the Civil Code of California. Trustee will apply the proceeds of the sale in the following order: (i) to all expenses of the sale, including_, but not limited to, reasonable Trustee's and attomeys1 fees; (ii) to all sums secured by this Security Instrument; and (Hi) any excess to the person or persons legally entitled to It. 27. Reconveyanc.. Upon payment of all sums secured by this Security Instrument, Lender will request Trustee to reconvey the Property and will surrender this Security Instrument and all Notes evidencing the debt secured by this Security Instrument to Trustee. Upon such request, Trustee will reconvey the Property without watTanty to the person or persons legally entitled to it. Lender may charge such person or persons a reasonable fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is pennitted under Applicable Law. If tho fee charged does not exceed the fee set by Applicable Law, the foe is conclusively presumed to be reasonable. 28. Substitute Truatee. Lender may, from time to time appoint a successor trustee to any Trustee appointed under this Security Instrument by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which tho Property is located. The Ulstrument will contain the name of the original Lender, Trustee, and Borrower, the instrument number or the book and page where this Security Instrument is recorded and the name and address of the successor trustee. Without conveyance of the Property, the successor trustee will succeed to a11 the rights, title, power, and duties conferred upon Trustee in this Security Instrument and by Applicable Law. This procedure for suOOtitution of trustee will govern to the exclwiion of all other provisions for substitution. HCFG-01221 CALIFORNIA.Slr,g,_ Fomlly-Fonnlo Mo&'F~ h1ac: UNIFORM INSTfllJMENT m:ios1011.1.1.o!11&.J:io18l)SWI' )rder: 9922402529 !023-129942 REC ALL Page 16of 19 346884523210 Fam 300!I 07'20:11 ""' P.111ol'18 l!NRHIIII Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM 29. Statem&nt of Obllgatlon Fee. Lender may collect a fee not to exceed the maximum amount pcnnitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code o/Calljornla. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider signed by Borrower and recorded with it. The undersigned Borrower requests that a copy of any Notice of Default and any Notice of Sa1e under this Security Instrument be mailed to BorTower's Notice Address. Borrower 11CFG-012ZI C,o.l.lfOflNj<,,-8jnglo F_,.t,-FIIMI~ -dlo r.1ao UNIFOIW INSTl'IUMENT Date Sea/ J?N:½,~ Breanne Heal 346884523210 Fom, 300~07/20:11 ~1011.1. 1."1l1!i,no11111~:M' -P190170116 )rder: 9922402529 Z023-129942 REC ALL Page 17 of 19 I 1[¥,!111 II Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM 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 die truthfulness, accuracy, or validity of that document State of Callfornla County of..5/;~J;. , before me,C.~o(l , Notary Public, On I'.".}~ J;)..~-~ personaly&~ 000¥\~(c;id b'r".emoe ~..__/ ____ _ who proved to me on the basis of satisfactory evidence to be the~rsoru'.s) whose a~s),is/are subscribed to the within instrument and acknowledged to me that lffllshe/they execi.iiedtiie same in ' er/their authorized ca ci ies), and that by ~!their signaturc(s) on the instrument the ,aerson~), or the entity upon behalfofwhich the persons acted, executed the instrument. ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my band and official seal. ' Loan Oria;inatlon Organization: Wells Fargo BankN.A. NMLSR ID, 399801 HCFG-01221 CALIFORN-<lijlo fomll)'-f'onrw M""1Ff9tldlo Moc UNIFORM INIITRUMfJ<IT Loan Originator: Eric Pathe NMLSR ID, 899494 346884523210 F""" aoo& 07'2021 20:la061017.1.1."457!'>-Ji:<l1806:!ll'Y -"89o1~cf1ij Jrder: 9922402529 ~023-129942 REC ALL Page 18 of 19 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM fyi-;\.t-A Legal Description For APN{Parcel IP(s): .20N!73-02-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS D~SCRIBED AS FOLLOWS:. • LOT 140 OF LAGUNA RIVIERA UNJT NO, 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7260 FILED IN THE OFFlCE OF THE RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1972. EXCEPTING "ALL OIL, GAS AND OTHER HYDROCARBONS LYING 500 FEET BELOW THE SURFACE OF SA!D LAND. Jrder: 9922402529 W23-129942 REC ALL Page 19 of 19 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM Prepared by, Requested by, Return to: Wells Fargo Bank, N.A. Stephen Cronk, Final Docs 2701 Wells Fargo Way Minneapolis, MN 55467 MAC N9408-041 Property Address: 4855 Sevilla WAY. Carlsbad, CA 92008-3816 Par<:el Number: 2072730200 DOC# 2024-0003369 11011 m 11111111 mrnm 11111111111111 m11m11111111111111 Jan 05, 2024 09:20 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $152.00 (SB2 Atkins: $75.00) PAGES: 21 ** Correction Deed of Trust Definitions. Words used in multiple sections of this document are defined below and other words are defined under the caption TRANSFER OF RIGHTS IN THE PROPERTY and in Sections 3, 4, 10, 11, 12, 16, 19, 24, and 25. Certain rules regarding the usage of words used in this document are also provided in Section 17. Parties (A) '"Bo"ower" is Sean Heal and Breanne Heal, husband and wife, as Community Property, currently residing at 4855 SEVILLA WAY, CARLSBAD, CA 92008-3816. Borrower is the trustor under this Security Instrument. (B) "Lender" is Wells Fargo Bank, N.A .. Lender is a corporation organized and existing under the laws of United States of America. Lender's address is IOI North Phillips Avenue, Sioux Falls, SD 57104. Lender is the beneficiary under this Security Instrument. The term "Lender'" includes any successors and assigns of Lender. (C) "Trustee" is Fidelity National Title Ins Co. Trustee's address is 3700 State Street, Suite 110, Santa Barbara, CA 93105. The term "Trustee., includes any substitute/successor Trustee. Do<:aments (D) "Note" means the promissory note dated May 12. 2023. and signed by each Borrower who is legally obligated for the debt under that promissory note, that is in either (i) paper fonn, using Borrower's written pen and ink signature, or (ii) electronic form, using Borrower's adopted Electronic Signature in accordance with the VETA or E- SIGN, as applicable. The Note evidences the legal obligation of each Borrower who signed the Note to pay Lender one million one hundred ten thousand and 00/100 Dollars (U.S. $1, 1 l 0,000.00) plus interest. Each Borrower who signed the Note has promised to pay this debt in regular monthly payments and to pay the debt in full not later than June\, 2053. (E) "Riders" means all Riders to this Security Instrument that are signed by Borrower. All such Riders are incorporated into and deemed to be a part of this Security Instrument. The fol!owing Riders are to be signed by Borrower [check box as applicable]: □ Adjustable Rate Rider D Condominium Rider □ Other{s) [specify] D J-4 Family Rider D Planned Unit Development Rider □ Second Home Rider D VA Rider **This Correction Deed of Trust is being recorded to correct the vesting on page 1 within the Deed of Trust recorded on May 18, 2023 as Document #2023-0129942. HCFG-Ot:121 CAUFORNIA.Sl<"(IIO Fomiy--f'oM,t MHIF-1,110 UNIFO!W INSTR:Ur.lEN1 )rder: 9922402529 !024-3369 REC ALL 20230510t71.1 ◄S7~t- Page 1 of 21 346884523210 Fenn :!005 07/2021 -Pog010l19 l~liUl\11 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM (F) "Security Instrument" means this document, which is dated May 12, 2023, together with all Riders to this document Additional Definitions (G} "Applicable Law" means all controlling applicable federal, State, and local slatutes, regulations, ordinances, and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appeal able judicial opinions. (H) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments, and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association, or similar organization. <n "Default" means: (i) the failure to pay any Periodic Payment or any other amount secured by this Security Instrument on the date it is due; (ii) a breach of any representation, warranty, covenant, obligation, or agreement in this Security Instrument; (iii) any materially false, misleading, or inaccurate information or statement to Lender provided by Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent, or failure to provide Lender with material infonnation in connection with the Loan, as described in Section 8; or (iv) any action or proceeding described in Section 12(e). (J) "Electronic Fund Transfer" means any transfer of funds. other than a transaction originated by check, draft, or similar paper instrument. which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone or other electronic device capable of communicating with such financial institution., wire transfers, and automated clearinghouse transfers. (K) "Electronic Signature" means an "Electronic Signature" as defined in the UETA or E·SIGN, as applicable. (L) "E·SIGN" means the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), as it may be amended from time to time, or any applicable additional or successor legislation that governs the same subject matter. (M) "Escrow Items" means: (i) taxes and assessments and other items that can attain priority over this Security Instrument as a lien or encumbrance on the Property; (ii) leasehold payments or ground rents on the Property, if any; (iii) premiums for any and all insurance required by Lender under Section 5; (iv) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 11; and (v) Community Association Dues, Fees, and Assessments if Lender requires that they be escrowed beginning at Loan closing or at any time during the Loan tenn. (N) "Loan" means the debt obligation evidenced by the Note, plus interest, any prepayment charges, costs, expenses, and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (0) "Loan Servicer" means the entity that has the contractual right to receive Borrower's Periodic Payments and any other payments made by Borrower, and administers the Loan on behalf of Lender. Loan Servicer does not include a sut,...servicer, which is an entity that may service the Loan on behalf of the Loan Servicer. (P) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (Q) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or Default on, the Loan. HCfG-01221 CAUFORt1IA-Sir4111 Famly-"-Yoolf,_o Moc Ur41FORM ltlSTRUMl'ITT 2023051017.11,'575--J20!8052IIY )rder: 9922402529 W24•3369 REC ALL Page 2 of 21 346684523210 fom,30Qi;07tiQ:21 -Pllgl2ol18 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM (R) "Partial Payment" means any payment by Borrower, other than a voluntary prepayment permitted under the Note, which is Jess than a full outstanding Periodic Payment. (S) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus {ii) any amounts under Section 3. (T) "Properry" means the property described below under the heading "TRANSFER OF RJGHTS IN THE PROPERTY." (U) "Rents" means all amounts received by or due Borrower in connection with the lease, use, and/or occupancy of the Property by a party other than Borrower. (V) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.) and its implementing regulation, Regulation X (12 C.FR. Part 1024), as they may be amended from time to time, or any additional or successor federal legislation or regulation that governs the same subject matter. When used in this Security Instrument, "RESPA" refers to all requirements and restrictions that would apply to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (W) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. (X) "VETA" means the Uniform Electronic Transactions Act, as enacted by the jurisdiction in which the Property is located, as it may be amended from time to time, or any applicable additional or successor legislation that governs the same subject matter. Transfer of Rights In the Property. This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions. and modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust. with power of sale, the following described property located in the County of San Diego: SEE ATTACHED LEGAL DESCRIPTION Parcel ID Number(s): 2072730200 which currently has the address of 4855 Sevilla WAY Carlsbad, California 92008·3816 ( "Property Address"); TOGETHER WITH all the improvements now or subsequently erected on the property, including replacements and additions to the improvements on such property, all property rights, including, without limitation, all easements, appurtenances, Rents, issues and profits thereof, royalties, mineral rights, oil or gas rights or profits, water rights, miscellaneous proceeds, insurance proceeds, and fixtures now or subsequently a part of the property. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER REPRESENTS. WARRANTS. COVENANTS. AND AGREES that: (i) Borrower lawfully owns and possesses the Property conveyed in this Security Instrument in fee simple or lawfully has the right to use and occupy the Property under a leasehold estate; (ii) Borrower has the right to grant and convey the Property or Borrower's leasehold interest in the Property; and (iii) the Property is unencumbered, and not subject to any other ownership interest in the Property, except for encumbrances and ownership interests of record. Borrower warrants generally the title to the Property and covenants and agrees to defend the title to the Property against all claims and demands, subject to any encumbrances and ownership interests of record as of Loan closing. THIS SECURITY INSTRUMENT combines unifonn covenants for national use with limited variations and non•uniform covenants that reflect specific California state requirements to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: HCFG--01221 CAUFORNli'.-&,,_.. Foml,-FonM MHIF-"°.,; UNI FOR"° INSTIIWENT Jrder: 9922402529 ID24-3369 REC All 20'.!30~1017 i,U57!>-J20180~ Page 3 oi 21 346884523210 Farm 300i! 07/2021 = Pae,030! 15 llllti!lll\11 Requested By: rukmani.m. Printed: 3/2312024 2:43 AM 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower will pay each Periodic Payment when due. Borrower will also pay any prepayment charges and late charges due under the Note, and any other amounts due under this Security Instrument Payments due under the Note and this Security Instrument must be made in U.S. currency. If any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check, or cashier's check, provided any such check is dra~ upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (d) Electromc Fund Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section \6. Lender may accept or return any Partial Payments in its sole discretion pursuant to Section 2. Any offset or claim that Borrower may have now or in the future against Lender will not relieve Borrower from making the full amount of all payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Acceptance and Application of Payments or Proceeds. (a) Acceptance and Applicadon of Partial Payments. Lender may accept and either apply or hold in suspense Partial Payments in its sole discretion in accordance with this Section 2. Lender is not obligated to accept any Partial Payments or to apply any Partial Payments at the time such payments are accepted, and also is not obligated to pay interest on such unapplied funds. Lender may hold such unapplied funds until Borrower makes payment sufficient to cover a full Periodic Payment. at which time the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a payment within a reasonable period of time, Lender wi!l either apply such funds in accordance with this Section 2 or return them to Borrower. Ifnot applied earlier, Partial Payments will be credited against the total amount due under the Loan in calculating the amount due in connection with any foreclosure proceeding, payoff request, loan modification, or reinstatement. Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security Instrument or prejudice to its rights to refuse such payments in the future. (b) Order of Applicatioo of Partial Payments and Periodic Payments. Except as otherwise described in this Section 2, if Lender applies a payment, such payment will be applied to each Periodic Payment in the order in which it became due, beginning with the oldest outstanding Periodic Payment, as follows: first to interest and then to principal due under the Note, and finally to Escrow Items. If all outstanding Periodic Payments then due are paid in full, any payment amounts remaining may be applied to late charges and to any amounts then due under this Security Instrument. If all sums then due under the Note and this Security Instrument are paid in full, any remaining payment amount may be aPP!ied, in Lender's sole discretion, to a future Periodic Payment or to reduce the principal balance of the Note. If Lender receives a payment from Borrower in the amount of one or more Periodic Payments and the amount of any late charge due for a delinquent Periodic Payment, the payment may be applied to the delinquent payment and the late charge. When applying payments, Lender will apply such payments in accordance with Applicable Law. (c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Note. (d) No Change to Payment Schedule. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note will not extend or postpone the due date. or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. HCFG-01:2::n CAUFORN......s.,gio Famlly•f"a"""' l,<181f'....idl• "'°< UNIFORM INSTRUMENT Jrder: 9922402529 1024-3369 REC ALL 2028051017 \ 1 •57~J201BD5NY Page 4 of 21 346884523210 Form 3005 0712021 -Pogo 4 o1 18 ll!lmllil Requested By: tukmani.m, Printed: 3/23/2024 2:43 AM (a) Escrow Requirement; Escrow Items. Borrower must pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full. a sum of money to provide for payment of amounts due for all Escrow Items (the "Funds"). The amount of the Funds required to be paid each month may change during the tenn of the Loan. Borrower must promptly furnish to Lender all notices or invoices of amounts to be paid under this Section 3. (b) Payment of Funds; Waiver. Borrower must pay Lender the Funds for Escrow Items unless Lender waives this obligation in writing, or unless prohibited by Applicable Law. Lender may waive this obligation for any Escrow Item at any time. In the event of such waiver or prohibition, Borrower must pay directly, when and where payable, the amounts due for any Escrow Items and Lender may require Borrower to provide proof of direct payment of those items within such time period as Lender may require. Borrower's obligation to make such timely payments and to provide proof of payment is deemed to be a covenant and agreement of Borrower under this Security Instrument. If Borrower is obligated to pay Escrow Items directly, and Borrower fails to pay timely the amount due for an Escrow Item, Lender may exercise its rights under Section 9 to pay such amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section 9. Unless prohibited by Applicable Law, Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice in accordance with Section 16; upon such withdrawal, Borrower must pay to Lender all Funds for such Escrow Items, and in such amounts, that are then required under this Section 3. (c) Amount of Funds; Applk:ation of Funds. Lender may, at any time, collect and hold Funds in an amount up to, but not in excess of, the maximum amount a lender can require under RESP A. Lender will estimate the amount of Funds due in accordance with Applicable Law. The Funds will be held in an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender may not charge Borrower for: (i) holding and applying the Funds; (ii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Lender will give to Borrower. without charge., an annual accounting of the Funds as required by RESP A. (d) Surplus; Shortage and Deficiency of Funds. In accordance with RESPA. if there is a surplus of Funds held in escrow, Lender will account to Borrower for such surplus. If Borrower's Periodic Payment is delinquent by more than 30 days, Lender may retain the surplus in the escrow account for the payment of the Escrow Items. If there is a shortage or deficiency of Funds held in escrow, Lender will notify Borrower and Borrower will pay to Lender the amount necessary to make up the shortage or deficiency in accordance with RESPA. Upon payment in full of all sums secured by this Security Instrument, Lender will promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower must pay (a) all taxes, assessments. charges, fines, and impositions attributable to the Property which have priority or may attain priority over this Security Instrument, (b) leasehold payments or ground rents on the Property, if any, and (c) Community Association Dues, Fees, and Assessments, if any. If any of these items are Escrow Items, Borrower will pay them in the manner provided in Section 3. Borrower must promptly discharge any lien that has priority or may attain priority over this Security Instrument unless Borrower: (aa) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning under such agreement; (bb) contests the lien in good faith by, or defends against enforcement of the lien in. legal proceedings which Lender determines, in its sole discretion, operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (cc) secures from the holder of the lien an agreement satisfactory to Lender that subordinates the lien to this Security Instrument (collectively. the "Required Actions"). If Lender detennines that any part of the Property is subject to a lien HCFG-012.!1 CALIFOIIM .... S..got FOfflllj-FOMIO U.IF-Mac UNIFORM ''ISTRUMHIT Jrder: 9922402529 m24--3369 REC ALL 211230510111.14575--J20111oi;m Page 5 of 21 346884523210 Fonn~07/21Xl.1 = Pago5d18 1&1■111 Requested By: ruKmani.m, Printed: 3/23/2024 2:43 AM that. has priority or may a~in priority over this Security Instrument and Borrower has not taken any of the Required Actions in regard to such hen, Lender may give Borrower a notice identifying the lien. Within JO days after the date on which that notice is given, Borrower must satisfy the lien or take one or more of the Required Actions. 5. Property Insurance. (a) lasurance Requirement; Coverages. Borrower must keep the improvements now existing or subsequently erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earthquakes, winds, and floods, for which Lender requires insurance. Borrower must maintain the types of insurance Lender requires in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn of the Loan, and may exceed any minimum coverage required by Applicable Law. Borrower may choose the insurance carrier providing the insurance, subject to Lender's right to disapprove Borrower's choice, which right will not be exercised unreasonably. (b) Failure to Maintain Insurance. If Lender has a reasonable basis to believe that Borrower has failed to maintain any of the required insurance coverages described above, Lender may obtain insurance coverage, at Lender's option and at Borrower's expense. Unless required by Applicable Law, Lender is under no obligation to advance premiums for, or to seek to reinstate, any prior lapsed coverage obtained by Borrower. Lender is under no obligation to purchase any particular type or amount of coverage and may select the provider of such insurance in its sole discretion. Before purchasing such coverage, Lender will notify Borrower if required to do so under Applicable Law. Any such coverage will insure Lender, but might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard, or liability and might provide greater or lesser coverage than was previously in effect, but not exceeding the coverage required under Section S(a). Borrower acknowledges that the cost of the insurance coverage so obtained may significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender for costs associated with reinstating Borrower's insurance policy or with placing new insurance under this Section 5 will become additional debt of Borrower secured by this Security Instrument. These amounts will bear interest at the Note rate from the date of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesting payment. (c) Insurance Policies. All insurance policies required by Lender and renewals of such policies: (i) will be subject to Lender's right to disapprove such policies; (ii) must include a standard mortgage clause; and (iii) must name Lender as mortgagee and/or as an additional loss payee, and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender will have the right to hold the policies and renewal certificates. If Lender requires, Borrower will promptly give to Lender proof of paid premiums and renewal notices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy must include a standard mortgage clause and must name Lender as mortgagee and/or as an additional loss payee, and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. (d) Proof of Loss; Application of Proceeds. In the event of loss, Borrower must give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Any insurance proceeds, whether or not the underlying insurance was required by Lender, will be applied to restoration or repair of the Property, if Lender deems the restoration or repair to be economically feasible and determines that Lender's security will not be lessened by such restoration or repair. If the Property is to be repaired or restored, Lender will disburse from the insurance proceeds any initial amounts that are necessary to begin the repair or restoration, subject to any restrictions applicable to Lender. During the subsequent repair and restoration period. Lender will have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction (which may include satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. 11CFG-01221 CAl.lFORNIMim!i.• F~~-IIUI>',_ Moc UNIFORM I .. STRlJMEITT Jrder: 9922402529 !024-3369 REC ALL 20230~1017.1.1 •~1~,- Page 6 of 21 346884523210 Form 3005 07/2021 = Pagoea11e 1..arn1 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM Lender may .disburse proceeds fo~ the repairs. and restorati~n in a single_ payment or in a series of progress payments as the work 1s compl~ted, depending on the size of the repair or restorauon, the terms of the repair agreement, and whe~~r Borrower. 1s m Default on the Loan. ½=~der may make such disbursements directly to Borrower, to the person repa.m~g or restonn~ the Property. or payable Jointly to both. Lender will not be required to pay Borrower any interest or eammgs on such insurance proceeds unless Lender and Borrower agree in writing or Applicable Law requires otherwise. Fees for public adjusters, or other third parties, retained by Borrower will not be paid out of the insurance proceeds and will be the sole obligation of Borrower. If, in accordance with Applicable Law, Lender deems the restoration or repair not to be economically feasible or Lender's security would be lessened by such restoration or repair, the insurance proceeds will be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds will be applied in the order that Partial Payments are applied in Section 2(b). (e) Insurance Settlements; Assignment of Proceeds, lfBorrower abandons the Property, Lender may file, negotiate, and settle any available insurance claim and related matters. If Borrower does not respond within JO days to a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may negotiate and settle the claim. The 30-0ay period will begin when the notice is given. In either event. or if Lender acquires the Property under Section 26 or otherwise, Borrower is unconditionally assigning to Lender (i) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note and this Security Instrument, and (ii) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under al! insurance policies covering the Property, to the extent that such rights are applicable to the coverage of the Property. If Lender files, negotiates, or settles a claim, Borrower agrees that any insurance proceeds may be made payable directly to Lender without the need to include Borrower as an additional loss payee. Lender may use the insurance proceeds either to repair or restore the Property (as provided in Section S(d)) or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due, in accordance with Applicable Law. 6. Occupancy. Borrower must occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution ofthis Security Instrument and must continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent will not be unreasonably withheld, or unless extenuating circumstances exist that are beyond Borrower's control. 7. Preservation, Maintenance, and Protection of the Property; Inspections. Borrower will not destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to Section S that repair or restoration is not economically feasible, Borrower will promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the taking of, the Property, Borrower will be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower remains obligated to complete such repair or restoration. Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower will be in Default if, during the Loan application process, Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent gave materially false, ltCFG--o•:121 CAUFORN.....S"'il'-Fami1•Fonni! .,aall'rtdCI• Moc IJNIFOI\M INSTRUMENT )rder: 9922402529 2024-3369 REC ALL 20!!3051017.\ 1 •57~0180529Y Page 7 of 21 346B84523210 Fom,3!m01!,1o:;11 = Ptgt7~18 lll&l&flllll Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM misleading, or inaccurate infonnation or statements to Lender (or failed to provide Lender with material infonnation) in connection with the Loan, including, but not limited to, overstating Borrower's income or assets, understating or failing to provide documentation of Borrower's debt obligations and liabilities, and misrepresenting Borrower's occupancy or intended occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument (a) Prolection of Lender's lnlerest. If: (i) Borrower fails to perfonn the covenants and agreements contained in this Security Instrument; (ii) there is a legal proceeding or government order that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that has priority or may attain priority over this Security Instrument, or to enforce Jaws or regulations); or (iii) Lender reasonably believes that Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and/or rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions may include, but are not limited to: (I) paying any sums secured by a lien that has priority or may attain priority over this Security Instrument; (II) appearing in court; and (III) paying: (A) reasonable attorneys' fees and costs; (B) property inspection and valuation fees; and (C) other fees incurred for the purpose of protecting Lender's interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or boarding up doors and windows, draining water from pipes, eliminating building or other code violations or dangerous conditions, and having utilities turned on or off. Although Lender may take action under this Section 9. Lender is not required to do so and is not under any duty or obligation to do so. Lender will not be liable for not taking any or all actions authorized under this Section 9. (b) Al'oiding Foreclosure; Mitigating Losses. If Borrower is in Default, Lender may work with Borrower to avoid foreclosure and/or mitigate Lender's potential losses, hut is not obligated to do so unless required by Applicable Law. Lender may take reasonable actions to evaluate Borrower for available alternatives to foreclosure, including, but not limited to, obtaining credit reports, title reports. title insurance, property valuations, subordination agreements, and third-party approvals. Borrower authorizes and consents to these actions. Any costs associated with such loss mitigation activities may be paid by Lender and recovered from Borrower as described below in Section 9(c), unless prohibited by Applicable Law. (c) Additional Amounls Secured. Any amounts disbursed by Lender under this Section 9 will become additional debt of Borrower secured by this Security Instrument. These amounts may bear interest at the Note rate from the date of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesting payment. (d) Leasehold Terms. If this Security Instrument is on a leasehold, Borrower will comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender agrees to the merger in writing. 10. Assignment of Rents. (a) Assignment of Rents. If the Property is leased to, used by, or occupied by a third party ( "Tenant"), Borrower is unconditionally assigning and transferring to Lender any Rents, regardless of to whom the Rents are payable. This assignment of Rents constitutes a perfected, absolute and present assignment. Lender grants to Borrower a license to collect, but not prior to accrual. and retain the Rents; however, upon the occurrence and during the continuance of an event of Default, Borrower's license to collect and retain the Rents will immediately tenninate. Under this license, Borrower will receive the Rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and (ii) Lender has given notice to the Tenant that the Rents are to be paid to Lender. This Section IO constitutes an absolute assignment and not an assignment for additional security only. ~0-0,2.1, CM.IFORN\.O.-S1r,gl0 F...,.,_,,.,,.. --Mao UNIFORM INST~UMENT )rder: 9922402529 W24-3369 REC ALL ~•017 1.1.•57!>.J:!D180mY Page 8 of 21 346884523210 For,n 3005 0712021 -f'aQI I ol 18 l!Blllil Requested By: rukmani.m, Printed: 3123/2024 2:43 AM (b) Notice ofDdault. If Lender gives notice of Default to Borrower, all of the following will apply, unless prohibited by Applicable Law: (i) all Rents received by Borrower must be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender will be entitled to collect and receive all of the Rents; (iii) Borrower agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Lender's written demand to the Tenant; (iv) Borrower will ensure that each Tenant pays all Rents due to Lender and will take whatever action is necessary to collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender will be applied first to the costs of taking control of and managing the Property and collecting the Rents. including, but not limited to, reasonable attorneys' fees and costs, receiver's fees. premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments. and other charges on the Propeny, and then to any other sums secured by this Security Instrument; (vi) Lender, or any judicially appointed receiver, will be liable to account for only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Propeny without any showing as to the inadequacy of the Property as security. (c) Funds Paid by Lender. If the Rents are not sufficient to cover the costs of taking control ofand managing the Property and of collecting the Rents, any funds paid by Lender for such purposes will become indebtedness of Borrower to Lender secured by this Security Instrument pursuant to Section 9. (d) Limitation on Collection of Rents. Borrower may not collect any of the Rents more than one month in advance of the time when the Rents become due, except for security or similar deposits. (e) No Other Assignment of Rents. Borrower represents, warrants, covenants, and agrees that Borrower has not signed any prior assignment of the Rents, will not make any further assignment of the Rents, and has not performed, and will not perform, any act that could prevent Lender from exercising its rights under this Security Instrument. (f) Control and Maintenance of the Property. Unless required by Applicable Law, Lender, or a receiver appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the Property before or after giving notice of Default to Borrower. However, Lender, or a receiver appointed under Applicable Law, may do so at any time when Borrower is in Default, subject to Applicable Law. (g) Additional Provisions, Any application of the Rents will not cure or waive any Default or invalidate any other right or remedy of Lender. This Section 10 does not relieve Borrower of Borrower's obligations under Section 6. This Section 10 will terminate when all the sums secured by this Security Instrument are paid in full. 11. Mortgage Insurance. (a) Payment of Premiums; Substitution of Policy; Loss Reserve; Protection of Lender. If Lender required Mortgage lnsurance as a condition of making the Loan, Borrower will pay the premiums required to maintain the Mortgage Insurance in effect If Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, and (i) the Mortgage Insurance coverage required by Lender ceases for any reason to be available from the mortgage insurer that previously provided such insurance, or (ii) Lender detennines in its sole discretion that such mortgage insurer is no longer eligible to provide the Mortgage Insurance coverage required by Lender, Borrower will pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mongage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower will continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use, and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve will be non-refundable, even when the Loan is paid in full, and Lender will not be required to pay Borrower any interest or earnings on such loss reserve, unless required by Applicable Law. HCFG-01221 CAUFORNIASftglo • ......,..f'.,..., --Moo UNIFORM lt.lSTRUMENT 2023051017.11,457S-J201=Y )rder: 9922402529 !024-3369 REC ALL Page 9 of 21 346884523210 form 3005 0712021 = PaQUol lB l&Rl\11 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM Lender will no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower will pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tennination or until termination is required by Applicable Law. Nothing in this Section 11 affects Borrower's obligation to pay interest at the Note rate. (b) Mortgage Insurance Agreements. Mortgage Insurance reimburses Lender for certain losses Lender may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance policy or coverage. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements may require the mortgage insurer to make payments using any source offunds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, another insurer. any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Any such agreements will not: (i) affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan; (ii) increase the amount Borrower will owe for Mortgage Insurance; (iii) entitle Borrower to any refund; or (iv) affect the rights Borrower has, if any, with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 (12 USC. § 4901 et seq.), as it may be amended from time to time, or any additional or successor federal legislation or regulation that governs the same subject matter ( "HPA "). These rights under the HPA may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tenninated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tennination. 12. Assignment and Application of Miscellaneous Proceeds; Forfeiture. (a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive all Miscellaneous Proceeds to Lender and agrees that such amounts will be paid to Lender. (b) Application of Miscellaneous Proceeds upon Damage to Property. If the Property is damaged, any Miscellaneous Proceeds will be applied to restoration or repair of the Property, if Lender deems the restoration or repair to be economically feasible and Lender's security will not be lessened by such restoration or repair. During such repair and restoration period, Lender will have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Lender's satisfaction (which may include satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, licensing, bond, and insurance requirements) provided that such inspection must be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed, depending on the size of the repair or restoration, the tenns of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. Unless Lender and Borrower agree in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender will not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If Lender deems the restoration or repair not to be economically feasible or Lender's security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument. whether or not then due, unless prohibited by Applicable Law, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section 2(b). HCFG-01221 CA.l.lFOON ... -5''9'0 Fom,ly-F...,,. l,IN/F,ed""' Mac UNIFORM INSTRUMENT )rder: 9922402529 !024-3369 REC ALL 20230S1017,1 US7&-.120181m9\' Page iO of 21 346864523210 Form=c7/2021 -Pa111 IOc! 18 11!1~11.11111 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM (c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds wi\l be applied to the sums secured by this Security Instrument, whether or not then due, unless prohibited by Applicable Law, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value'ofthe Property (each, a "Partial Devaluation") where the fair market value of the Property immediately before the Partial Devaluation is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the Partial Devaluation, a percentage of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, unless prohibited by Applicable Law, or unless Borrower and Lender otherwise agree in writing. The amount of the Miscellaneous Proceeds that will be so applied is detennined by multiplying the total amount of the Miscellaneous Proceeds by a percentage calculated by taking (i) the total amount of the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the Property immediately before the Partial Devaluation. Any balance of the Miscellaneous Proceeds will be paid to Borrower. ln the event of a Partial Devaluation where the fair market value of the Property immediately before the Partial Devaluation is less than the amount of the sums secured immediately before the Partial Devaluation, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security Instrument, whether or not the sums are then due, unless Borrower and Lender otherwise agree in writing. (d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair of the Property, if Borrower (i) abandons the Property, or (ii) fails to respond to Lender within 30 days after the date Lender notifies Borrower that the Opposing Party (as defined in the next sentence) offers to settle a claim for damages. "Opposing Party" means the third party that owes Borrower the Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to the Miscellaneous Proceeds. (e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any action or proceeding begins, whether civil or criminal, that. in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument, unless prohibited by Applicable Law. Borrower can cure such a Default and. if acceleration has occurred, reinstate as provided in Section 20, by causing the action or proceeding to be dismissed with a ruling that. in Lender's judgment. precludes forfeiture of the Property or other material impainnent of Lender's interest in the Property or rights under this Security Instrument. Borrower is unconditionally assigning to Lender the proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property, which proceeds will be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property will be applied in the order that Partial Payments are applied in Section 2(6). 13. Borrower Not Released; Forbearance by Lender Not a Waiver. Borrower or any Successor in Interest of Borrower will not be released from liability under this Security Instrument if Lender extends the time for payment or modifies the amortization of the sums secured by this Security Instrument Lender will not be required to commence proceedings against any Successor in Interest of Borrower. or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument, by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities, or Successors in Interest of Borrower or in amounts less than the amount then due, will not be a waiver of. or preclude the exercise of, any right or remedy by Lender. 14. Joint and Several Liability; Signatories; Successors and Assigns Bound. Borrower's obligations and liability under this Security Instrument will be joint and several. However, any Borrower who signs this Security Instrument but does not sign the Note: (a) signs this Security Instrument to mortgage, grant, and convey such Borrower's interest il'I the Property under the tenns of this Security Instrument; (b} signs this Security Instrument to HCFG--01221 CAUFQRNIA.&'9• Foml1.frno Mu/r,..,o,o MK UNIFORM INSTRUMENT )rder: 9922402529 W24-3369 REC ALL 202:,051017 11.457~D180S2IIY Page 11 of 21 346884523210 Form 300!i 07m2\ = P.110118 ll&llllil Requested By: rukmani.m, Printed: 3/2312024 2:43 AM waive any applicable inchoate rights and any available homestead exemptions. unless prohibited by Applicable Law; (c) signs this Security Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to Lender; (d) is not personally obligated to pay the sums due under the Note or this Security Instrument; and (e) agrees that Lender and any other Borrower can agree to extend, modify, forbear, or make any accommodations with regard to the tenns of the Note or this Security Instrument without such Borrower's consent and without affecting such Borrower's obligations under this Security InstrumenL Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing. and is approved by Lender, will obtain all of Borrower's rights, obligations, and benefits under this Security Instrument. Borrower will not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 16. Loan Charges. (a) TaI and Flood Determination Fees. Lender may require Borrower to pay (i) a one-time charge for a real estat.e tax verification and/or reporting service used by Lender in connection with this Loan, and (ii) either (A) a one-time charge for flood zone detennination, certification, and tracking services, or (B) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur that reasonably might affect such detennination or certification. Borrower will also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency, or any successor agency, at any time during the Loan tenn, in connection with any flood zone detenninations. (b) Default Charges. If pennitted under Applicable Law, Lender may charge Borrower fees for services performed in connection with Borrower's Default to protect Lenqer's interest in the Property and rights under this Security Instrument, including: (i) reasonable attorneys' fees and costs; (ii) property inspection, valuation. mediation, and loss mitigation fees; and (iii) other related fees. (c) Permissibility of Fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. (d) Savings Clause. If Applicable Law sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the pennitted limits, then (i) any such loan charge will be reduced by the amount necessary to reduce the charge to the pennitted limit, and (ii) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wi11 be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). To the extent pennitted by Applicable Law, Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 16. Notices; Borrower's Physical Address. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. (a) Notices to Borrower. Unless Applicable Law requires a different method. any written notice to Borrower in connection with this Security Instrument will be deemed to have been given to Borrower when (i) mailed by first class mail. or (ii) actually delivered to Borrower's Notice Address (as defined in Section I 6(c) below) if sent by means other than first class mail or Electronic Communication (as defined in Section 16(b) below). Notice to any one Borrower will constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. If any notice to Borrower required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (b) Electronic Notice to Borrower. Unless another delivery method is required by Applicable Law, Lender may provide notice to Borrower by e-mail or other electronic communication { "Electronic Communication") if: {i) agreed ~-01211 C,,.UFORNIA-S,ogi<I Fan,i,-FoMlt Ma&'F-Mo,; \R<IFORM INSTRUMElfl )rder: 9922402529 Z024-3369 REC ALL 2«13(]51017.1.1 4S7&-J20180529Y Page 12ot 21 346664523210 Form 3005 C7!2021 -P-12al18 1~111111111 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM to by Lender and Borrower in writing; (ii) Borrower has provided Lender with Borrower's e-mail or other electronic address ( "Electronic Address"); (iii) Lender provides Borrower with the option to receive notices by first class mail or by other non-Electronic Communication instead ofby Electronic Communication; and (iv) Lender otherwise complies with Applicable Law. Any notice to Borrower sent by Electronic Communication in connection with this Security (nstrument will be deemed to have been given to Borrower when sent unless Lender becomes aware that such notice is not delivered. If Lender becomes aware that any notice sent by Electronic Communication is not delivered, Lender will resend such communication to Borrower by first class mail or by other non-Electronic Communication, Borrower may withdraw the agreement to receive Electronic Communications from Lender at any time by providing written notice to Lender of Borrower's withdrawal of such agreement. (c) Borrower's Notiee Address. The address to which Lender will send Borrower notice ( "Notice Address") will be the Property Address unless Borrower has designated a different address by written notice to Lender. If Lender and Borrower have agreed that notice may be given by Electronic Communication, then Borrower may designate an Electronic Address as Notice Address. Borrower will promptly notify Lender of Borrower's change of Notice Address, including any changes to Borrower's Electronic Address if designated as Notice Address. If Lender specifies a procedure for reporting Borrower's change ofNotice Address, then Borrower will report a change ofNotice Address only through that specified procedure. (d) Notices to Lender. Any notice to Lender will be given by delivering it or by mailing it by first class mail to Lender's address stated in this Security Instrument unless Lender has designated another address (including an Electronic Address) by notice to Borrower. Any notice in connection with this Security Instrument will be deemed to have been given to Lender only when actually received by Lender at Lender's designated address (which may include an Electronic Address). If any notice to Lender required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. (e) Borrower's Physical Addre!!S. In addition to the designated Notice Address, Borrower will provide Lender with the address where Borrower physical!y resides. if different from the Property Address, and notify Lender whenever this address changes. 17. Governing Law; Severablllty; Rules of Construction. This Security Instrument is governed by federal law and the law of the State of California. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. If any provision of this Security Instrument or the Note conflicts with Applicable Law (i) such conflict will not affect other provisions of this Security Instrument or the Note that can be given effect without the conflicting provision, and (ii) such conflicting provision, to the extent possible, will be considered modified to comply with Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence should not be construed as a prohibition against agreement by contract. Any action required under this Security Instrument to be made in accordance with Applicable Law is to be made in accordance with the Applicable Law in effect at the time the action is undertaken. As used in this Security Instrument: (a) words in the singular will mean and include the plural and vice versa; (b) the word "may" gives sole discretion without any obligation to take any action; (c) any reference to "Section" in this document refers to Sections contained in this Security Instrument unless otherwise noted; and (d) the headings and captions are inserted for convenience of reference and do not define, limit, or describe the scope or intent of this Security Instrument or any particular Section, paragraph, or provision. 18. Borrower's Copy. One Borrower will be given one copy of the Note and of this Security Instrument. 19. Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 only, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract. or escrow agreement, the intent of which is the transfer of title by Borrower to a purchaser at a future date. HCFG-0122' C,.UFO"-Nl.0.-S"'l!lo F1rr,1y.fa<ri! MNIF,_ Mac UNlFORM INSTR\JMEITT )rder: 9922402529 !024-3369 REC ALL 2023~1017.11 •575-.12019D5211V Page 13 of 21 346864523210 ;..,,,300!!07/2021 -"-13al\8 l!IINIIIIII Requested By: rukmarn.m, Printed: 3/23/2024 2:43 AM If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, Lender will not exercise this option if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days from the date the notice is given in accordance with Section 16 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to, or upon, the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but not limited to: (a) reasonable attorneys' fees and costs; (b) property inspection and valuation fees; and (c) other fees incurred to protect Lender's Interest in the Property and/or rights under this Security Instrument. 20. Borrower's Right to Reinstate the Loan after Acceleration. If Borrower meets certain conditions, Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument discontinued at any time up to the later of (a) five days before any foreclosure sale of the Property, or (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate. This right to reinstate will not apply in the case of acceleration under Section 19. To reinstate the Loan, Borrower must satisfy all of the following conditions: (aa) pay Lender a!! sums that then would be due under this Security Instrument and the Note as if no acceleration had occurred; (bb) cure any Default of any other covenants or agreements under this Security Instrument or the Note; (cc) pay all expenses incurred in enforcing this Security Instrument or the Note, including, but not limited to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property and/or rights under this Security Instrument or the Note; and (dd) take such action as Lender may reasonably require to assure that Lender's interest in the Property and/or rights under this Security Instrument or the Note, and Borrower's obligation to pay the sums secured by this Security Instrument or the Note. will continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank check, treasurer's check, or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a U.S. federal agency, instrumentality, or entity; or (ddd) Electronic Fund Transfer. Upon Borrower's reinstatement of the Loan. this Security Instrument and obligations secured by this Security Instrument will remain fully effective as ifno acceleration had occurred. 21. Sale of Note. The Note or a partial interest in the Note, together with this Security Instrument, may be sold or otherwise transferred one or more times. Upon such a sale or other transfer, all of Lender's rights and obligations under this Security Instrument will convey to Lender's successors and assigns. 22. Loan Servicer. Lender may take any action pennitted under this Security Instrument through the Loan Servicer or another authorized representative, such as a sub-servicer. Borrower understands that the Loan Servicer or other authorized representative of Lender has the right and authority to take any such action. The Loan Servicer may change one or more times during the tenn of the Note. The Loan Servicer may or may not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect Periodic Payments and any other amounts due under the Note and this Security Instrument; (b) perfonn any other mortgage loan servicing obligations; and (c) exercise any rights under the Note, this Security Instrument. and Applicable Law on behalf of Lender. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer. the address to which payments should be made. and any other infonnation RESPA requires in connection with a notice of transfer of servicing. 23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take corrective HCfG.(11221 CAUFORNA-Sjngre F-y.F..,,w ,_,Nlf"OHldtO Mac "'IFORM 1'6TRU..,ENT )rder: 9922402529 W24-3369 REC ALL 20:230510, 7. 1 , 1.4575-J201811529V Page 14 of 21 346884523210 Form300507/20l!1 = Pago1,o11a 11111111111 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party's actions pursuant to this Security Instrument or the Note, or (b} alleges that the other party has breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and opportunity to take corrective action provisions of this Se<:tion 23. 24. Hazardous Substances. (a) Defmitions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws where the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" include (A) those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, corrosive materials or agents, and radioactive materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (iv} an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. (b) Restrictions on Use of Hazardous Substances. Borrower will not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Suhstances. or threaten to release any Hazardous Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything affecting the Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects or could adversely affect the value of the Property. The preceding two sentences will not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). (c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any Environmental Condition, including but not limited to, any spilling. leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the presence. use, or release of a Hazardous Substance that adversely affects the value of the Property. If Borrower learns. or is notified by any governmental or regulatory authority or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this Security Instrument will create any obligation on Lender for an Environmental Cleanup. 25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly consented and intended to sign the electronic Note using an Electronic Signature adopted by Borrower ( "Borrower's Electronic Signature"} instead of signing a paper Note with Borrower's written pen and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using Borrower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its tenns; and (d} signed the electronic Note with Borrower's Electronic Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its tenns. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 26. Acceleration; Remedies. KCFG-01221 C.WFORNll>,.,S,'90 F-y-F ...... --• l,lac UNIFORM INSTRUMEN'I 20Zl051011, 1. l.457W20160~2YY Page 15 of 21 346884523210 form 3005 07/2021 ,= l'a\l01~Cl18 I &111111 )rder: 9922402529 i024-3369 REC ALL Requested By: rukmani.m, Printed: 312312024 2:43 AM (a) Notice of Default Lender will give a notice of Default to Borrower prior to acceleration following Borrower's Default, except that such notice of Default will not be sent when Lender exercises its right under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to any other information required by Applicable Law: (i) the Default; (ii) the action required to cure the Default; (iii) a date, not less than 30 days (or as otherwise specified by Applicable Law) from the date the notice is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property; (v) Borrower's right to reinstate after acceleration; and (vi) Borrower's right to bring a court action to deny the existence of a Default or to assert any other defense of Borrower to acceleration and sale. (b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date specified in the notice, Lender may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender will be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 26, including, but not limited to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property and/or rights under this Security Instrument. (c) Notice of Sale; Sale of Property. If Lender invokes the power of sale, Lender will execute or cause Trustee to execute a written notice of the occurrence of an event of Default and of Lender's election to cause the Property to be sold. Trustee will cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee will mail copies of the notice as prescribed by Applicable Law to Borrower and to the other required recipients. Trustee will give public notice of sale to the persons and in the manner prescribed by Applicable Law. At a time permitted by, and in accordance with Applicable Law. Trustee. without further demand on Borrower, will sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee detennines. Unless prohibited by Applicable Law, Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. (d) Trustee's Deed; Proceeds of Sale. Trustee will deliver to the purchaser a Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed will be prima facie or conclusive evidence of the truth of the statements made in that deed, in accordance with Section 2924(c) of the Civil Code of California. Trustee will apply the proceeds of the sale in the following order: (i) to all expenses of the sale, including, but not limited to. reasonable Trustee's and attorneys' fees; (ii) to all sums secured by this Security Instrument; and (iii) any excess to the person or persons legally entitled to it. 27. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender will request Trustee to reconvey the Property and will surrender this Security Instrument and all Notes evidencing the debt secured by this Security Instrument to Trustee. Upon such request. Trustee will reconvey the Property without warranty to the person or persons legally entitled to it. Lender may charge such person or persons a reasonable fee for reconveying the Property, but on!y if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is pennitted under Applicable Law. If the fee charged does not exceed the fee set by Applicable Law, the fee is conclusively presumed to be reasonable. 28. Substitute Trustee. Lender may, from time to time appoint a successor trustee to any Trustee appointed under this Security Instrument by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which the Property is located. The instrument will contain the name of the original Lender, Trustee. and Borrower, the instrument number or the book and page where this Security Instrwnent is recorded and the name and address of the successor trustee. Without conveyance of the Property. the successor trustee will succeed to all the rights, title, power, and duties conferred upon Trustee in this Security Instrument and by Applicable Law. This procedure for substitution of trustee will govern to the exclusion of all other provisions for substitution. HCFG.(11221 C~LIFORN~,$i"!llo f-y•F""rie Moe/F,_O MIC UMFOl'IM INSTRUMENT Jrder: 9922402529 !024-3369 REC ALL 10230!;1017, 11.~57~O\80529V Page 16 of 21 346884523210 Form 300i5 07/2021 = Pago 16ol16 lillNIIIII Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM 29. Statement of Obligation Fee. Lender may collect a fee not to exceed the maximum amount pennitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code ofColifornio. BY SIGNING BELOW, Borrower accepts and agrees to the tenns and covenants contained in this Security Instrument and in any Rider signed by Borrower and recorded with it. The undersigned Borrower requests that a copy of any Notice of Default and any Notice of Sale under this Security Instrument be mailed to Borrower's Notice Address. Borrower Sean Heal by Dgvjd B Jolmsao Vke President, Wells Fargo Bank, N.A. as attorney-in-fad for Sean Heal, pursuant to the LPOA dated May 12, 2023. HCFG-01221 Date Seal Breanne Heal by OcYid B Johnson Vice President, Wells Fargo Bank, N.A. as attorney-in-fact for Breanne Heal, pursuant to the LPOA dated May 12, 2023. Date Seal CAI.JfORNV,.S,ngio Famlly.f'or<1,o r.loa/Fr-Ma< UNIFORM INSTIIVM~NT 2=10111.,.~~1~0,aoS211V 346884523210 Forrn 30M 07/2021 = F>ago17<>!1B Jrder: 9922402529 m24-3369 REC All Page 17 of 21 lillil!lllil Requested By: rukmani.m. Printed: 3/23/2024 2:43 AM 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. Stateof ___ ~M=i•~ne=•ota=--- Cou~ty of __ ~l:lmanneDin==~--- On !, 1eCCO'.\l:Jer 'J,,l-.1.01..:3'efore me,-----""-'-"'-""-~---· _________ Notary Public. personally appeared 1 Sean Heal by David B. Johnson . Vice President, Wells Fargo Bank, N,A. as attorney-in-fact for Sean Heal, pursuant to the LPOA dated May 12, 2023 and by David B Jobn10A , Vice President, Wells Fargo Bank, N.A. as attorney-in-fact for Breanne Heal, pursuant to the LPOA dated May 12, 2023. who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by R.is'1ler/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ____ !lnnesola ______ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~¥A h,Q ,.~4.JJ:}U: My commis)ion expires:-,/'"': r 0 3 1 ~ Loan Origination Organization: Wells Fargo Bank N.A. NMLSR ID: 399801 HC!'G.(11221 CAlJFORNIO.-Sl,i;i. F-,.-Fon""' M•IF,00dl1 Mac UNIFORM INST RUM HIT e KATHERINE KIAIAE WHITE NOTARYPlllLC-- M'I COMMISSION ElPIRES ~1311'15 Loan Originator: Eric Pathe NMLSR ID: 899494 346884523210 Fom, 3005 01/2001 Z0.30510171 U57S-J201llllli29Y = Pago18ol18 )rder: 9922402529 !024-3369 REC ALL Page 18 of 21 11&!111111 Requested By: rukmani.m, Printed: 312312024 2:43 AM Legal Description For APN/Parcel ID(s): 207-273-02-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 140 OF LAGUNA RIVIERA UNJT NO, 5, IN rnE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7260 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTI', APRIL 18, 1972. EXCEPTING ALL OIL, GAS AND OTI--IER HYDROCARBONS LYING 500 FEET BELOW TIIE SURFACE OF SAID LAND. Jrder: 9922402529 !024-3369 REC ALL Page 19 of 21 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM Correction Agreement Limited Power Of Attorney Use this fonn to authorize Wells Fargo Bank, N.A. and/or your settlement agent to correct any typographical or clerical errors or omissions lhat may be found on your mortgage documenlS. Lo■n Number: XXXXXX4074 On May 12, 2023, the borrower(s)listed below grant Fidelity National Title Company as settlement agent and/or Wells Fargo Bank, N.A. as lender limited power of attorney to correct, sign, and/or initial all typographical or clerical errors or omissions found on any documents that are signed at the 101111 closing. • This limited power or attomey may NOT be used for the rollowing purposes: To incrft!le the interHt rate the borrower will pay To increase the term of the borrower's loan To Increase lhe borrower's outstanding priM:ipal balance To increase the borrower's monthly principal and interest payments Nole: Any of 1hcse above changes must be authorized direclly by the bonowcr(s). If lhis limited power of attorney is used to correct any typographical or clerical errors or omissions, the bo1Tower(s) will be notified and receive a copy of the corrected documenl(s) signed or initialed on their behal( This limited power of attorney will automatically ex:pire 365 days from the closing date of the borrower's mortgage loan. Borrower slgn11ture(1): By signing below, I/we authorize 1his limited power of attorney as of the date stated above. Borrower Se.aft Heal i7 )rder: 9922402529 !024·3369 REC ALL ~ r/t-,,/?-3, Breanne Heal Date 346884523224 1111&1!1 Page 20of 21 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM A notary public or other officer completing this certificate verities 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. , Notary Public, personally who proved to me on the basis of satisfactory evidence to be the person(s2_ whose ~amc;is) i!itare subscribed to the within instr>Jment and acknowledged to me that litelshc/thcy execu1ed die same in IN!ll'lm' heir authorized ca~ity(ies), and that byJw.!Ater/their !!gnalt!~) on the instrument the ~on{s}1 or the entity upon behalfofwhich17person(s) acted, executed the instrument. ____, I certify under PENALTY OF PERJURY under the laW! of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • My :.:onrml.~sion expires: ~ & • .:;:,.o:::,J, HC.•G.<OJIIII Co•->0o.0.0,-1t.n1lta _,O!-~ )rder: 9922402529 !024-3369 REC ALL 34688-4!523224 20,3051 017 , 1 . I , <$7s.J201 (llsnY Page 21 ol 21 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM Recording Requested By: Uen SOiutions P.O. Box 29071 Glendale, CA 91209-9071 Return To: Lien Solutions P.O. Box 29071 Gleodale, CA 91209-9071 THIS SP,,,CE IS FOR RECORDER'S USE ONLY DOCUMENT TITLE($) DOC# 2024-0042563 lilllOIIIIIIUIIIHl!llllmllllllllllllHHIIIII Feb 20, 2024 03:34 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $98.00 (SB2 Atkins: $75.00) PAGES:4 UCC FINANCING STATEMENT Otigtnal(UCC-1) FIiing THIS Qriglnal(UCC-1) FIiing FIXTURE FILING IS BEING RECORDED WITH SAN DIEGO COUNTY Order No· 97487337 )rder: 9922402529 !024-42563 REC ALL Page 1 of 4 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME & PHONE OF CONTACT AT FILER (optional) Name. Wolters Kluwer Lien Solutions Phone; 800-331-3282 Fax: 818-662-4141 B. E,MAIL CONTACT AT FILER (optional) uccfilingretum@woltersKluwer.com C. SEND ACKNOVv'LEDGMENT TO: (Name ar>d Address) 45549-MvPoin1 Credit ~ien Solutions 97487337 7 P.O. Box 29071 Glendale, CA 91209-9071 CALI L File with: San Diena CA FIXTURE _J THE ABOVE SPACE IS FOR FILING OFFICE USE OHL Y DEBTORS NAME: PrwI<1e only !lt:lll Deblo,name (1aor 1b) (use oxa.ot: full name, de notonvt mO<lrfy orabbreviate any panoW,e Deblors nama), Uny pa~ o!\he lndrw;lual Dettors nome ..,11 not f• m lr,a 1 b leave sll of rtern 1 blank check here D and provide the lnd,.k:Jual Dettor information ,n ilem 10 of the Financing Stllernent Addendum (Form UCC1Ad) 10 ORGANIZATICYS NAME 00 10 INDIVIDLJAl'SSURNmE FlRST PERSOf.lA.L '"'-ME AOOHIOAAL NMOEiSJa•IITIALISi SUFFlll HEAL BREANNE le MAILINGADDRES.S c,IT STATE IPOSTALCOOE COUITTRY 4855 SEVILLA WAY CARLSBAD CA 92008 USA 2 DEBTORS NAME Pr0¥1de o,ly Jm.l! Dobtor name (2• or2b) (use exact. full narne, do nOI omit, modify orabbrev,ote any port of the Debtors name), ~any partoflho lndM::luol Del:tor'• name ,,.;11 not lil in lino 2b "'""" all of ,tern 2 blank chock here D and pro.,de toe lnd.,KJual Det,ror ,nlormatIon ,n ,tern ,0 of the FInanerr,g statamont Add<M1dum (Form UCC1 Ad) :IO. C>lOANIZAIION'S NA.ME 00 :a, INDMOLJAL"S SURNAME FIRST PERSO""L ""'ME AOOITIO'IO.l llA.\OE(S)INITIAUS) SUFFIX 1c WI.ILINGAODRESS c,rr STATE I POSTAL CODE COUITTRY 3 SECURED PARTY S NAME (or NAME of ASSIGNEE of ASSIGNOR SECURED PARTY) PrN1do only Ill!!/. Socured Porty nomo (.la or 3b) 30. OflGANIZATION'S """"E MyPoint Credit Union rn 3' INDIVlDUAL'S SLJRNIIME FIRST PERSON/\1. NAME ADDITIONAL NAME(Sl'NITIALISI SUFFI~ 3c MAILING ADDRESS orr STATE IPOSTALCODE COUNTRY 9420 F11rnhem Street San Dlec:m CA 92123 USA ~ COLLATERAL Th,s inancmg statement rovers the foll""''"ll oollateral The collateral includes the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located· All solar panels, inverters, racking systems, wiring, electrical and mechanical connections. metering, monitoring and/or other cilstributed generation interconnect equipment, battery storage equipment, electrical vehicle powu charging equipment, thermostat equipment, and lanciscaping services to accommodate tt,e solar system (collectively. "Collateral1zed Goods"). All accessions, attachments. accessories, tools, parts, supplies, replacement& of and addlUona to any Collateralized Goods. All debto~s right&, title, lntereets, and remedies under all agreements, statement& and other documentaUon relating to lhe Collateralized Goods (including, without limltaUon, the Home Improvement Agreement and OperaUons and Maintenance Agreement); and All of the collateral desaibed above Is intended to be classified as personal property, oot lo the e•tent that any portion or such collateral is or becomes classified as a fixture, this filing constitutes a fi)(!ure filing as to such collateral. The collateral described above secures a purchase money obligation 1n favor oft he secured party and secured party's lien thereon constitutes a purchase money security Interest. 5 Ct,edc g~applIcable and checl<Q!ID'.one bOX. Collateral"' held ,n e Trust (see uCCiAd, item 17 and lnslruclJons t,e,ng administered by a Decedent's Personal Representatr;e &o Che<:I< !!!!!:I: II applicable arlll check !!!!!:I: o"" t,o,; 6b. ct,eck !l:!!!:I: ,!applicable and ched< !l:!!!:I: one t,o,; Publ,o-F,nance Trar,se<:llon Manufectured-Home Ttansac:bOn A Debtor IS a Transmll1Ir,g UNI!y 7 ALTERNATIVE DESIGW..TICN (~applicable): lesme/Les"°' Consi~n""1ConsIgnor Seller/Buyer 8 OPTIONAL FILER REFERENCE DATA. 97487337 1077742"HEAL FILING OFFICE COPY -UCC FINANCING STATEMENT (Form UCC1) (Rev. 04/20111) Jrder: 9922402529 !024-42563 REC ALL Page2ol 4 /¼lriCUIUral Lien BaileeAlaIlor Non.UCCFIl,ng llcensee/llcen,;or ~.,.e,Hy i.B, "°'"'"''· PO Boo :,eo71, Glernlole CA 91;'@-9071 Te< iSOOJ 3'!\-.3:162 Requested By: rukmani.m, Printed: 3/2312024 2:43 AM UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS 9 NAME OF FIRST DEBTOR Same as lme 1a or 1b on FInancIng statement, tt line 1bwas left blank because lndMdual Debtor name did IIOllit, dleck here D 9o ORGANIZATIO"S ~E OR !ti •NDIVIOUAL'SSURNOME HEAL FIRST PERSCl'II\L NAAIE BREANNE ADDnlONoJ. NI\ME(S)lNITlAI.ISI I SUFFlX lHE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1D DEBTOR'S NPME: Prtl\odo {10a or 10b) only ~•ddrtIonel Debtor name or Debtor name Iha! dod not fltln line 1bm 2b oftha f<ler>e1ng Statement(Form UCC1) (use exact. fui name, do not omrt, modJfy or obl:<.....,te any partoftt,e Debtor'• name)aM ont.rth&ma1!ng odd,..ssm 110010< !Oo ORGANIZATIONS NAME OR 11;t,. IN;ll\l,OLW.'S SURNAME INDMDUAl.'S FIRST PEROCl!W. NAME I IVMWAL 'S I\OCIIT<ONAL NI\M E( S )IINITIALI S I sum~ 10c WJLINGAOORESS ICITY I STATE I POSTAL CODE COUNTRY 11 0 ADDITIONAL SECURED PARTY'S NAME !2!: 0 ASSIGNOR SECURED PARTYS NAME P <le only one name (11a or 11b) = 110 ORGANIZATION'S NAME OR 110 IN;ll\llOUAl..'S SURtW.\E FIRST PERSONAL NAME ADDITIONAi. NAMEIS)'NITIAl.(S) SUFFIX 11e IAAJLINGAOORESS "~ STATE I POSTAL CODE COUNTRY 12 ADDITIONAL SPACE FOR ITEM 4 (Collateral) Th,s FINANCING STATEMENT i• lo t>e ~led ~or record] Im reoonleo) ont™' 14 This FINANCING STATEMENT REAL EST A TE REOOROS {~ applicable) 15 Name and address of a REOORD Q\M,JERol real esrate described In item 16 (~ Debtor does not have a rerord inti,-) Sean Heal and Breanne Heal, husband and wife, as Community Property D covers timber to t>e rut D covers as-... tracted collateral 16 Descr,pt,on ol real est,te Please see attached filed and please record Exhibit "A" Legal Description. 17 MISCELLANEOUS· 97-.l7331-CA-7a •=•-..,,.,,.ntOl>dJtUrjon MjPOlnlcr.,jij,_..on FIio Wll1 SIio Cl"!IO CA, FILING OFFICE COPY -UCC FINANCING STATEMENT ADDENDUM (Form UCC1Ad) (Rev. 04120/11) Page 3 of 4 ProplH<l ll'y Lion SclLJlono, PO Bo>. 20011, "'°"""'"· C<I 812119-9071 Toi i&IO) 331-328:2 -= -= - Jrder: 9922402529 2024-42563 REC ALL Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM Legal Description For APN/Parcel ID(s): 207-273-02-00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 140 OF LAGUNA RIVIERA UNIT NO, 5, IN THE CilY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.7260 FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTI', APRIL 18, 1972. EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBONS LYING 500 FEET BELOW TI-IE SURFACE OF SAID LAND. )rder: 9922402529 W24-42563 REC ALL Page4ot 4 Requested By: rukmarn.m. Printed: 3/23/2024 2:43 AM RECORDING REQUESl'ED BY Rrst American Title Company MAIL TAX STATEMENT AND WHEN RECORDED MAIL DOCUMENT TO: 5 Star Housing LLC Slo9-1" -.Ji \\o. Lei .Jo\\O\. o....-. :it \ I O "'l,. Lo. Jo\\C\. uPrt 0\10'3-=t- ' DOC# 2022-0245537 IIUll~IIIIIIIHIIIIHlllllllllllllllllmllDllm Jun 13, 2022 08:00 AM OFFICIAL RECORDS Ernest J. Oronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $1,337.00 (S82 Atkins: $0.00) PCOR: YES PAGES: 2 -----------------~----SpilceM,owiThisl.Jnela,:Recordl!r'•,"-Ontw ------ A.P.N.: 207-273-02-00 File No.; 110-013342 (HB) Tltie Order No.: 6844096 _.., GRANT DEED The Undersigned Granto!(s) Declare(s): DOCUMENTARY TRANSFER TAX $1,320.00; OTY 1RANSFER TAX $0.00; [ x J cvml)Uted on the ronskleratlon °' rua: wlue ol property cooveyed, OR [ ] <.XlfflpiMd on the CClllS~ or M wlue less ~lue ol lem and/or encumbrances remalnln'] at time ol sale, [ J unina,rporat,.j8rll<I; !Xl atvrlcarllbad,aod FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Thomas Edward Pretzer, an unmarried man and Joan , Foucault, an unmarried woman as joint tenants ~a.ne.. • ..\._d l' • \ ·+ c_ herebyGRANTSto5StarHouslngUC,> o. Ca.\",+'o<"•°' L"'T1.i,c, ,a.b~ • ~ orv-pc.i.nJ the following desa1bed property In the Oty of carlsbad, County of San Diego, State of califomla: Lot 140 of Laguna Riviera Unit ~-5, In the city of carlsbad, county of San Diego, state of talifornia, according to map thereof no. 7260 filed In the office oflhe Recorder of San Diego County, Aprll 18, 1972. Excepting all oll, gas and other hydrocarbons lylng 500 feet below the surface of said land, but without the right of entry to remove same. Dated: June 09, 2022 22_, v Thomas Edward Pretzer Mall Tax Statements To: SAME AS ABOVE --------------------------- Jrder: 9922402529 !022-245537 REC ALL Page 1 of 2 Requested By: rukmanLm, Printed: 3/23/2024 2:43 AM Grant Deed -continued A.P.N.: 207·273-02-00 A notary public or other officer completing this certificate verifies only the Identity of the indiVidual who signed the doct.Jment to which this certificate is attached, and not the truthfulness, accuracy, or validity d that document. STATE OF Cf\:LI /1)12.A)/,'l )SS cou=a, ~S~e=AJ~li-EEa=~D~-- "" Ul>NE ID, before me, Date: 06/09/2022 File No.: 110-013342 (HB) litle Order No.: 6844096 , Notary Public, per.;onaUy appeared ,i who proved to me on the basis of satisfactory evidence to be the person{s) whose e{s) ls/are subso1 to the within instrument and acknowledged to me that he/she/they exeo.ited the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct, WITNESS my hand and official seal. --= <;.-i;>) Notary Signature Jrder: 9922402529 !022-245537 REC ALL This area for o/fidal notarial se.,/, Page 2 of2 Page 2 of 2 Requested By: rukmarn.m, Printed: 3/2312024 2:43 AM RECORDING RIQUfSTED BY; First American Title Company AND WH&N REC'ORUED MAIL TO: Seen Heal 48!'i!'i Sevilla Way Carlsbad, CA 92008 Order No. 6917271 Escrow No. 9-2683-CZ Paree\ No. 207-27J..02-00 DOC# 2023-0071695 1 IUll 11111111 HU 11111111111111111111111 lllll llllllllm Mar21, 2023 11:59AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $1,744.00 (SB2 Atkins: $0.00) PCOR: YES PAGES:2 SPACE ABOVE nus LINE FOR RECORDER'S USE GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS Sl,727.0t and. CITY S't) l2l computed on full value of property conveyed, or D computed on full value less liens or encumbrances remaining at the time of sale. D unincorporated area: fgl City of Carlsbad, and FOR A VALUABLE CONSIDERATION, receipt ofwhlch is hereby acknowledged, !I Star Housing, LLC, a California Limited LlabUlty Company hereby Gn1nt (s) to Scan Heal and Breanae Heal, Hnsbaad and Wife ~ ct:mn.ni.cy P.cq;Ecy the follOwing described real property in the County of Saa Diego, State of California: See Exhibit "A" attached hereto and made a part hereof. More comlYIOllly known as: 4855 Sevilla Way, Carlsbad, CA 92008 Date February 23, 2023 5 Star Housing, LLC, a California Limited Liability Company A notazy public or other officer completing this certificate verifies only the identity of the individual who signed the document lo which this certificate•i5 attach and not the truthfulness accu or validi of that document. STATE OF CALIFORNIA } COUNTY OF ll!l!! 1)//;f;o S.S. o,Ml/u# /.,., JPZ!. , before m,. (!!UfN ff, Gltmpe(,,, , Nowy Public personally Jppeam1 AkHY Qolglppy who proved to me On the baiiis of S1ttisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged lo me that he/she/they executed the same ln his/her/their authorized capacity(ies), 111\d that by hlslher/their slgnature(s) on the instrument the person(s), or the entity upon behalfofwhicti the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State: of California that the foregoing paragraph ls true and COITCCI. WITNESS my hand and official seal. Signature ✓ ~ ~ ~Seal) Mail Tax Sllltl!ment to: SAME AS ABOVE or Addrw Noted Below Jrder: 9922402529 !023-71695 REC ALL Page 1 of 2 Requested By: rukmani.m, Printed: 3/23/2024 2:43 AM Exhibit"A" LEGAL DESCRIPTION Real property In the Oty of Carlsbad, County of san Diego, state of ca11romia, desa1bed as follows: LOT 140 OF LAGUNA RIVIERA UNIT NO. 5, IN THE CITY OF CARl..SBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. n6D FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, APRIL 18, 1972. EXCEPTING ALL OIL, GAS AND OTHER HYDROCARBONS LYING .500 FEET BELOW 11-iE SURFACE OF SAID LAND, BlJT WITHOUT lHE RIGHT OF ENTRY TO REMOVE SAME. Jrder: 9922402529 !023-71695 REC ALL APN: 207-273-02-00 Page2ol 2 Requested By: rukmani.m, Printed: 3123/2024 2:43 AM