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HomeMy WebLinkAboutAMEND 2019-0005; ARMY & NAVY ACADEMY FACILITIES BUILDING; Conditional Use Permit (CUP){ City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlshadca.gov PROJECT NAME: Army Navy Academy -Facilities Building APPLICANT NAME: John Dodge ------------------------ PI ease describe fully 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. Description/Explanation: P-1(6) Existing prefabricated metal building relocated to existing roller hockey rink. Building will be designed in the style of the Army Navy Academy campus. The building will use the existing concrete pad as its floor, with minimal demolition for post footings. Existing parking and landscaping will remain. Additional landscaping will be added for screening. Page 1 of 1 Revised 07110 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ::::J;,,.(~ 2.'I I Zvl'J (To be completed by City) Application Number(s) C.t>P'bl<J-002..( / AMEtlD 2D,S -OCOS::: I General Information 1. Name of project: Army Navy Academy -Facilities Building 2. Name of developer or project sponsor: __________________ _ Address: ----------------------------- City, State, Zip Code: ________________________ _ Phone Number: __________________________ _ 3. Name of person to be contacted concerning this project _J_o_h_n_D_o_d_g_e _______ _ Address: 2750 Historic Decatur Rd, ste 205 City, State, Zip Code: San Diego, CA 92106 Phone Number: 619-930-9830 4. Address of Project: Assessor's Parcel Number: ______________________ _ 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: coastal permit 6. Existing General Plan Land Use Designation: 7. Existing zoning district _______________________ _ 8. Existing land use(s): ________________________ _ Facilities building for Army 9. Proposed use of site (Project for which this form is filed): ____________ _ Navy Academy Project Description 67,108 SF 10. Sitesize: ---------c--:c===-----------------6,598 SF 11. 12: 13. Proposed Building square footage: ____________________ _ Number of floors of construction: _1 ____________________ _ Amount of off.street parking provided: nla 22 spaces 14. Associated projects: ________________________ _ Page 2 of 4 Revised 07110 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 0 D D 0 D 0 0 D 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification t hereby certify that the statements furnished above and in the attached exhibits 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 know::e:d bO~ Date: '7 I '2,,/ / 1 Signature: -~~~-~C,-~~~-~~----- For: P-1(D) Page 4 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: ::.nc:/.::a:_ _______ _ 16. lf commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: c"::.' ____________________ _ n/a 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ Warehouse/maintenance building approx. 4 employees per shift no loading facilities 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ n/a 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ____________________ _ P-1(0) Page3of4 Revised 07110 (: City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. 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)!6?2-4610. l Applicant Signature. jA'Y' C, ½ /7= Staff Signature Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 D. Assessor's Parcel Number of proposed development 203-010-16 E. Development Description: Briefly describe project: New facilities/maintenance building for the Army Navy Academy F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: train tracks South: Army Navy Academy property East: Carlsbad Blvd, (not really anything directly east) West: Residential homes G. Is project located within a 100-year flood plain? OYes ONo II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? l,2JYes ONo If yes, please describe. Tennis courts, roller hockey rink, parking lot 8. 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 A. Existing and Proposed Existing Progosed Total Building Coverage sq. ft. 6598 sq. ft. sq. ft. Landscaped Area 0 sq. ft. 6840 sq. ft. 6840 sq. ft. Hardscape Area 34166 sq. ft. 0 sq. ft. 34166 sq. ft. 0 Unimproved Area (Left Natural) 32942 sq. ft. 25335 sq. ft. 25335 sq. ft. P-6 Page 2 of6 Revised 05/17 % % % % B. Parking: Number of existing spaces 22 Number of new spaces proposed _.-c01B,c_ ___ _ Existing/Proposed TOTAL: __ 1::8::__ ___ _ Number of total spaces required ______ _ Number of covered spaces 0 Number of uncovered spaces ___ =.18'-___ _ Number of standard spaces 16 Number of compact spaces 2 Is tandem parking existing? 0 Yes# __ liZ] No Is tandem parking proposed? D Yes # __ i;zj No C. Grade Alteration: Is any grading proposed? D Yes [;21 No If yes, please complete the following: 1. Amount of cut ___________________ ,cu. yds. P-6 2. Amount of fill cu. yds. 3. 4. 5. Maximum height of fill slope ______________ f,eet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of6 Revised 05/17 The following materials shall be submitted for each single family residence/minor coastal development permit 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) 602-461 O. 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 Permit, four (4) copies for a Single Family Coastal Development Permit on 24" x 36n sheet(s). Five (5) copies if landscape review is required. Each site plan shall contain the following information: 1. GENERAL INFORMATION Oa. 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 areas and points on ingress and egress, off-street parking and loading areas showing location, number and typical dimension of spaces, and wheel stops. Oct. Distance between buildings and/or structures. De. Building setbacks (front, rear and sides). Of. Location, height and materials of walls and fences. Og. Dimensions/location of signs. Oh. 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. 0(4) Proposed land use. 0(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). Di. 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 corners 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. Page4of6 Revised 05/17 IJ TICOR TITLE™ PRELIMINARY REPORT EFFECTIVE DATE: July 19, 2019 at 7:30 a.m. ORDER NO.: 00618861-993-CAB The form of policy or policies of title insurance contemplated by this report is: CL TA Standard Coverage Policy 42HJ Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: (951) 509-0211 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(sJ A; An Easement more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Army and Navy Academy, Carlsbad California, a California corporation 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 Tille Report IPrehl (OSI Rev. 8!15/16) Page2 Order No.: 00618861·993-tET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Ticor Title Company of Galik>mia THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOT 131 OF GRANVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. -- TOGETHER WITH LOT 47 OF GRANVILLE PARK, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 21, 1924. ALSO TOGETHER WITH THAT PORTION OF LAGUNA DRIVE, NOW KNOWN AS OCEAN STREET ADJOINING SAID LOT 47 ON THE NORTH, AS VACATED AND CLOSED TO PUBLIC USE. EXCEPTING FROM LOT 47 AND FROM SAID LAGUNA STREET, THAT PORTION LYING WESTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE AS SHOWN ON SAID MAP NO. 1782, SAID POINT BEING ON A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 57°36'45" WEST (RECORD -NORTH 58"14'45" EAST PER SAID MAP NO. 1782); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12"59'27", A DISTANCE OF 60.77 FEET; THENCE TANGENT TO LAST MENTIONED CURVE, NORTH 19"23'48" WEST RECORD -NORTH 18"45'58" WEST) 88.96 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF LOT "A" OF GRANVILLE PARK NO. 2, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA (SAID POINT ALSO BEING ON THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED). SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 207.16 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 62"41'43" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTHEASTERLY LINE OF SAID LOT "A" (BEING ALSO ALONG THE NORTHWESTERLY LINE OF SAID PORTION OF LAGUNA DRIVE AS VACATED), THROUGH A CENTRAL ANGLE OF 17"19'59", A DISTANCE OF 62.67 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE LEAVING SAID LINE; SOUTH 15"17'29" EAST, 59.75 FEET; THENCE SOUTH 03"43'49" EAST, 139.99 FEET TO A POINT ON THE EASTERLY LINE OF MOUNTAIN VIEW DRIVE, AS SHOWN ON SAID MAP NO 1782 (SAID EASTERLY LINE BEING ALSO THE WESTERLY LINE OF LOT 47 OF SAID MAP NO. 1782) SAID POINT BEING ON THE ARC OF A CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 268.03 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 55°28'29" WEST. PARCEL B: THE RIGHT OF INGRESS AND EGRESS FOR THE PURPOSE OF REPAIR AND MAINTENANCE OF EXISTING TENNIS COURT FACILITIES OVER A 2.00 FOOT STRIP OF LAND, SAID 2.00 FOOT STRIP BEING MEASURED AT RIGHT ANGLES TO THAT COURSE DESCRIBED IN PARCEL 4-A AS SOUTH 03" 43' 49" EAST, 139.99 FEET. THE WESTERLY LINE OF SAID 2.00 FEET SHALL BE PROLONGED SO AS TO BEGIN FROM THAT COURSE DESCRIBED IN IN PARCEL 4-A, AS SOUTH 15"17'29" EAST AND SHALL BE SHORTENED SO AS TO TERMINATE IN THE EASTERLY LINE OF SAID MOUNTAIN VIEW DRIVE. APN: 203-010-16-00 CL TA Preliminary Title Report IPrelm (DSl Rev. 8/15/16) Page3 Order No.: 00618861-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Ticor Title Company of California 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 2019-2020. 2. 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. 3. Taxes and assessments levied by the Carlsbad Public Utility District. 4. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto. as granted and/or reserved in various deeds of record: Purpose: Affects: Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement parcel(s) herein described Parcel B 7. All easements, offers and dedications as shown on the official map Tract of: 2037 8. All easements, offers and dedications as shown on the official map Tract of: 1782 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress March 3, 1925 Book 1070, Page 121, of Deeds The exact location and extent of said easement is not disclosed of record. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: CL TA Preliminary Tille Report IPrelm (DSI Rev. 8/15116) State of California State highway October 15, 1925 Book 1128, Page 289, of Deeds The route thereof affects a portion of said land and is more fully described in said document. Page4 Order No.: 00618861-993-IET ..CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Title Company of California 11. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, induding but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: September 10, 1927 Recording No: Book 1232, Page 380, of Deeds 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 13. 14. 15. Granted to: Purpose: Recording No: Affects: State of California State highway Book 285, Page 461, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress August 12, 1963 141573, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern Counties Gas Company of California Access November 4, 1963 197823, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The City of Carlsbad, a municipal corporation Public utilities, ingress and egress May 19, 1964 1964-89987, of Official Records The route thereof affects a portion of said land and is more fully described in said document. CL TA Preliminary Title Report IPrelm (OSI Rev. 8115/16) Page 5 Order No.: 00618861-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Tille Company of California 16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 17, 18. Granted to: Purpose: Recording Date: Recording No: Affects: The City of Carlsbad, a municipal corporation and Southern Counties Gas Company of California, a California Corporation Public utilities, ingress and egress May 19, 1964 89988, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Easement(s) for the purpose(s} shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company Public utilities, ingress and egress October 27, 1969 197290, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a docllment: Granted to: Purpose: Recording Date: Recording No: Affects: Nancy Keith Tenaglia (A) Ingress and egress; (8) The construction, installation, replacement, repair, maintenance and use of roads and streets; and (C} The construction, installation, repair, maintenance and use of underground lines, wires, mains, pipelines, conduits, cables and facilities for utility purposes and uses, including, but not limited to sewer, water, gas, power, telephone and television purposes. November 11, 1971 262891, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 19. Matters contained in that certain document Entitled: Dated: Executed by and between: Recording Date: Recording No: Future Improvement Agreement January 31, 1979 Army and Navy Academy and the City of Carlsbad January 31, 1973 73-027460, of Official Records Reference is hereby made to said document for full particulars. 20. Easement(s) for the purpose(s} shown below and rights incidental thereto, as granted in a document Granted to: Purpose: Recording Date; Recording No: Affects: CL TA Preliminary T7tle Report IPrelm (DSI Rev. 8115/16) The City of Carlsbad Public street and highway purposes February 13, 1973 73-038725, of Official Records The route thereof affects a portion of said land and is more fully described in said document Page 6 Order No.: 00618861-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) 21. A Certificate of Compliance Dated: Executed by: Compliance No.: Recording Date: Recording No: December 1, 1975 City of Carlsbad 105 December 4, 1975 1975-342060, of Official Records Ticor Title Company of California 22. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Recording Date: Recording No: Village Area Redevelopment Plan August 17, 1981 81-261825, of Official Records 23. The effect, if any, of Record of Survey Map No. 13348, recorded September 28, 1989 as Instrument No. 1989-0522951 of Official Records. 24. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confinn that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. 25. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 26. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Preliminary Tille Report IPrelm (OSI Rev. 8/15/16) END OF EXCEPTIONS Page7 Order No.: 00618861-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Ticor Tille Company of California 1. tn 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. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Army and Navy Academy, Carlsbad California, a California corporation a) A Copy of the corporation ByRlaws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or ByRlaws require approval by a 'parent' organization, a copy of the Articles and ByRlaws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary ReporVCommitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the ck>sing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. CL TA Preliminary Tille Report IPre!m (□SI Rev. 8115/16) END OF REQUIREMENTS Pag,8 Order No.: 00618861-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Ticor Tille Company of California 1. Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax ldentificatfon No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Land: Improvements: Personal Property: Code Area: 203-010-16-00 2018-2019 $219.65 $219.65 $0.00 $222,520.00 $32,257.00 $0.00 09000 2. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 3. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 4. 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 Commercial properties, known as, located within the city of, 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. 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. 7. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT 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. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder_ 8. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of tiUe by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their deslgnees. 9, 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. To protect the private information contained in the attached form and photo ID, please return via a secured method. CL TA Preliminary Tille Report IPrelm (OSI Rev. 8/15/16) Page9 Order No.: 00618861-993-IET -CAB PRELIMINARY REPORT YOUR REFERENCE: Chris Akin/ge CL TA Preliminary Tille Report IPrelm (OSI Rev. 8/15/16) INFORMATIONAL NOTES (Continued) END OF INFORMATIONAL NOTES Page 10 Ticor Title Company of California ORDER NO.: 00618861-993-CAB Order No.: 00618861-993-IET-CAB ::~WIRESAFE.] 1nquirebeforeyouwire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. lf 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 phone 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 (6) 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: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/1112017 Current Version Dale: 5/1112017 TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 1 WIRE0016 (DSl Rev. 12/07117) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF,ff "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government 10 number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information When you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNFWebsite How Personal Information Is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. HOw Browsing Information is Collected lf you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality Of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Siles. FNF Websites may contain links to other websites. FNF !s not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connec1ion with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or pertorm services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we peaform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you: • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order: or FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 M1SC0219 (OSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00618861-993-IET-CAB • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffillates for their use to direct market to you. Whether you submit Personal lnfonnation or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California Jaw. For Nevada Residents: You may be placed on our internal Do Not Gall Llst by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13} without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes descr1bed in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF WebsHe 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 tilled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal 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. FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC0219 (DSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. AH Rights Reserved Page 2 Order No. 00618861-993-IET-CAB Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting lnfonnation; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests v!a email to privacy@fnf.com, by phone to (888) 934·3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC0219 (DSI Rev. 4123/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00618861-993-IET-CAB Notice of Available Discounts Pursuant to Section 2355.3 in Title 1 0 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 field 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 each discount. These discounts only apply to transaction 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. FNF Underwritten Title Company TTCC -Ticer Title Company of California Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitmen~ the order may be reopened within 12 months and all -or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 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 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) 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 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (TTCC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 12/0112014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which artse by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. {b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; {d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the stale in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of Interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage {and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies ta,ces 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 not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE {12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. -Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: Attachment One (6-5-14) CA & NV a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The fa11ure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date~ this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Tille. 6. Lack of a right a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract 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)" 2006 ALTA LOAN POLICY (06-17,-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 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, pennit, 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. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the Hen of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business taws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments iITl)osed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PARTI (The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, 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. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PARTII ln addition lo the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 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. Attachment One (6-5-14) CA & NV 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 1 O); 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Excklsions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing Hens 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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 Jaw, 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, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 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; Attachment One (6-5-14) CA& NV (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV ~ TICOR TITLE™ PRELIMINARY REPORT EFFECTIVE DATE: November 13, 2019 at 7:30 a.m. ORDER NO.: 00649108-993-CAB The form of policy or policies of title insurance contemplated by this report is: ALTA Homeowners Policy of Title Insurance (12-2-13) ALTA Extended Loan Polley {6-17-06) 4£10 Riverwalk Parkway, Suite 200 Riverside, CA 92505 Phone: {951) 509-0211 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: ARMY AND NAVY ACADEMY, CARLSBAD, CALIFORNIA, a California corporation 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 Title Report IPrelm (DSI Rev. 8/15116) Page 2 Order No.: 00649108-993-IET -CAB PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Ticor Tille Company of California THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 58 THROUGH 73, 102 THROUGH 130 AND LOTS 132 THROUGH 150 OF GRANVILLE PARK NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2037, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1927. ALSO ALL THAT PORTION OF OCEAN STREET LYING NORTHERLY OF THE NORTHERLY BOUNDARY OF THE TOWN OF CARLSBAD, ACCORDING TO MAP NO. 755 AND SOUTHERLY OF A LINE PARALLEL WITH AND 10 FEET DISTANT AT RIGHT ANGLES NORTHWESTERLY FROM THE NORTHWESTERLY BOUNDARY LINE OF LOTS 66 AND 73 OF SAID GRANVILLE PARK NO. 2 AND THE SOUTHWESTERLY PROLONGATION OF SAID LINE. ALSO ALL THAT PORTION OF MAR VISTA LYING NORTHERLY OF THE NORTH LINE OF CYPRESS AVENUE AND THE WESTERLY PROLONGATION OF LOT 104 OF SAID GRANVILLE PARK NO. 2 AND SOUTHERLY OF THE SOUTHERLY LINE OF PACIFIC AVENUE. ALSO ALL OF THAT UNNAMED ALLEY LYING NORTHEASTERLY OF LOTS 102, 107, 108, 116 AND 117. ALSO ALL OF LA CRESTA AVENUE. ALSO ALL THOSE PORTIONS OF DEL MAR AVENUE LYING WESTERLY OF THE WESTERLY RIGHT OF WAY LINE OF COAST HIGHWAY. ALL AS VACATED AND CLOSED TO PUBLIC USE BY ORDERS OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, COPIES OF WHICH ORDERS ARE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPT ALL THAT PORTION OF OCEAN STREET, LYING WESTERLY OF AN ADJACENT LOT 74 OF SAID MAP 2037 AND LYING SOUTHEASTERLY OF THE CENTER LINE OF DEL MAR AVENUE AND THE WESTERLY EXTENSION OF SAID CENTER LINE. ALSO EXCEPTING THAT PORTION OF THE SOUTHEASTERLY HALF OF DEL MAR AVENUE EXTENDING FROM THE WESTERLY LINE OF OCEAN STREET TO THE CENTER LINE OF MAR VISTA. ALSO EXCEPTING THAT PORTION OF THE WESTERLY HALF OF MAR VISTA LYING EASTERLY OF AND ADJACENT LOT 97 OF SAID MAP 2037 AND EXTENDING NORTHERLY FROM THE WESTERLY EXTENSION OF THE NORTHERLY LINE OF CYPRESS AVENUE TO THE SOUTHEASTERLY LINE OF SAID DEL MAR AVENUE, ALL AS VACATED AND CLOSED TO PUBLIC USE ON DECEMBER 8, 1930 BY ORDER OF THE BOARD OF SUPERVISORS OF SAN DIEGO COUNTY, FILED IN BOOK 63, PAGE 208 OF SUPERVISORS RECORDS. APN: 203-041-02-00 CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15/16) Page 3 Order No.: 00649108-993-IET .CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Ticer Tille Company of California 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: A. 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. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: September 10, 1927 Recording No: in Book 1232, Page 380, of Deeds 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Executed by: South Coast Land Company, a corporation, in various deeds of record. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Consolidated Gas & Electric Company Poles and cross-arms for transmission of electric current in Book 268, Page 231, Official Records A portion of said land as more particularly described in said document. 5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: San Diego Consolidated Gas & Electric Company Transmission of electrical energy, poles, wires etc. with necessary and proper guys, anchorage, etc. in Book 260, Page 456, Official Records A portion of said land as more particularly described in said document. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording No: Affects: CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) County of San Diego Public highway in Book 509, Page 403 Official Records A portion of said land as more particularly described in said document. Page4 Order No.: 00649108-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Tille Company of California 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Phoebe L. Bonnen Ingress and egress for the benefit of owners of lots in Granville Park and Granville Park No. 2 April 30, 1938 as Instrument No. 19737, Official Records A portion of said land as more particularly described in said document. 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company A line of poles with wires suspended thereon November 2, 1953 in Book 5033, Page 70 of Official Records A portion of said land as more particularly described in said document. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: William P. Mulqueen, a widower Sewer line August 2, 1960 as Instrument No. 156111, Official Records A portion of said land as more particularly described in said document. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas and Electric Company A line of poles with wires suspended thereon October 27, 1969 as Instrument No. 197290, Official Records Affects: A portion of said land as more particularly described in said document. 11. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency: Village Area Redevelopment Plan, City of Carlsbad Recording Date: August 17, 1981 Recording No: as Instrument No. 81-261825, Official Records 12. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Recording Date: CL TA Preliminary Title Report IPrelm (OSI Rev. 8/15/16) Record of Survey Map No. 12348 September 28, 1989 Page 5 Order No.: 00649108-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Tioor Title Company of California 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public street and public utility October 28, 1992 as Instrument No. 1992-0685504 Official Records A portion of said land as more particularly described in said document. 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Street October 28, 1992 as Instrument No. 1992-0685506 Official Records A portion of said land as more particularly described in said document. 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas and Electric Company, a corporation Purpose: Poles, wires, cables and appurtenances for the transmission and distribution of electricity Recording Date: October 29, 1992 Recording No: as Instrument No. 1992-0691819 Official Records Affects: A portion of said land as more particularly described in said document. 16. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: "Encroachment Agreemenr January 4, 1999 City of Carlsbad February 25, 1999 as Instrument No. 1999-0116104 Official Records Reference is hereby made to said document for full particulars. 17. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: "Hold Harmless Agreement Geological Failure" October 25, 2001 Johnnie r. Creon November 9, 2001 as Instrument No. 2001-0821924, Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Title Report IPrelm (OSI Rev. 8115116) Page 6 Order No.: 00649108-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Ticor Title Company of California 18. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: "City of Carlsbad Neighborhood Improvement Agreement" December 13, 2001 City of Carlsbad, a municipal corporation and Army and Navy Academy, Carlsbad, California, a California Non-profit corporation December 31, 2001 as Instrument No. 2001-0970082, Official Records Reference is hereby made to said document for full particulars. 19. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 20. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement. contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 21. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 22. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. CL TA Preliminary Title Report 1Prelm (DSI Rev. 8/15/16) END OF EXCEPTIONS Order No.: 00649108-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Ticor Tille Company of California 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Army and Navy Academy, Carlsbad, California, a California corporation a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. Prior to the close of escrow, 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. 3. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 4. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary ReporVCommitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15116) END OF REQUIREMENTS Pe1ge 8 Order No.: 00649108-993-IET-CAB PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Ticor Title Company of California 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 203-041-02-00 2019-2020 $90.32 $90.32 $5,598,157.00 (All Other) 09098 2. 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. 3. 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 Commercial property, known as 2585 Carlsbad Boulevard, located within the city of Carlsbad, California, to an Extended Coverage Loan Policy. 4. 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. 5. 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. 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT 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. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 7. 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. 8. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Chris Akin/ng CL TA Preliminary Title Report IPrelm (DSI Rev. 8/15116) END OF INFORMATIONAL NOTES Page9 Order No.: 00649108-993-IET-CAB ::11ftf IRE SAFE. ] Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide tegal 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 phone 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.fbi.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Currant Version Date: 5111/2017 Internet Crime Complaint Center: http://www.icJ.goy Page 1 WIRE0016 (OSI Rev. 12/07117) TM and© Fidelity National Financial, Inc, and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. 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 Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of lnfonnation Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information {e.g., name, address, phone number, email address): • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. po Not Track. Currently our FNF Websites do not respond to "Do Not Trackff features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or FNF Privacy Statement (Eff. 51112015) Last Updated May 1, 2018 MISC0219 (OSI Rev. 4/23118) Copyright© 2018. Fidelity National Financial, 1nc. All Rights Reserved Page 1 Order No. 00649108-993-IET-CAB • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disdose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffil(ated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that infom1ation to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. for Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the infom1ation set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.slate.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marl<:eting purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marl<:eling purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to non affiliated third parties to market to you, other than as permitted by Vem1ont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing lnfom1ation, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. 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 WeDsites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal lnfom1ation 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. FNF Privacy Statement (Elf. 5/1/2015) Last Updated May 1. 2018 MISC0219 (OSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, lnc. All Rights Reserved Page 2 Order No. 00649108-993-IET-CAB Your Consent To This Privacy Notice; lllotice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting lnfonnatlon; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC0219 (□SI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00049106-993-IET-CAB 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 r1ght to be charged the field 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 each discount. These discounts only apply to transaction 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. FNF Underwritten Title Company nee -Ticor Title Company of California Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FDR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 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 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) 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 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RA TE (TTCC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 12/01/2014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment Of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: {a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof. 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 tiUe to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: Attachment One (6-5-14) CA & NV 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 Risk8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract 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) 2006 ALTA LOAN POLICY (06•17.06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $ 25,000.00 $ 5,000.00 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. Attachment One (6-5-14) CA & NV 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabihty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, 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. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 Al TA 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 Umit 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. Attachment One (6-5-14) CA & NV 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 lo 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 1 0); 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 ntle 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. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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 in the Public Records but that could be ascertained by an inspection of the land or that may be asserted by persons in possession of the land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation. variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land and that are not sOOwn by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. {Variable exceptions such as laxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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. 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, 6. 13(c), 13(d), 14 or 16. {b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6. 13(c). 13(d), 14 or 16. 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; Attachment One (6-5-14) CA & NV (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (bl a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV OWNER'S DECLARATION Escrow No.: 00649108-993-IET-CAB Property Address: 2585 Carlsbad Boulevard Carlsbad, CA The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 2585 Carlsbad Boulevard, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land~). b. Declarant is the ______________ of rowner"), which is the owner or lessee, as the case m0a0yc--c-b•-.-o-f'"""'ce0rtao--ci-n-p-,e-m---,-is_e_s~,-o-ca~,-.~d-a~t~2~5~8~5 Carlsbad Boulevard, Carlsbad, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ccc-c-c----,--=--c-~-~~-,--,-upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ------------~~---~~·· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Ticor Title Company of California against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is oot a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Unifom, Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment 5. The Land is currently in use as ~~---~----' --~-,--~--~~-~ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Ticor Title Company of California (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at _____________ _ Signature: Owner's Declaration MISC0220 (OSI Rev. 10/17117) Printed: 11112120149:27AMbyRA3 Page 11 Esc