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Home My WebLink AboutMP 88-01B; ARROYO LA COSTA MASTER PLAN; Master Plan (MP)( C' City of .Carlsbad APPLiCATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit (*) D Minor D Conditional Use Permit (*) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination :[7 Site Development Plan [J Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance [l] Minor D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Specific Plan D Zone Change (*) D Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (*) = eligible for 25% discount M,O &o-01~ NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: ba-Costa Valley Master Association (I loF19cowncrs Assosiatio BRIEF DESCRIPTION OF PROJECT: amend master plan to allow fencing material to be made of synthetic, vinyl or composite materials when replaclng wooden fencing BRIEF LEGAL DESCRIPTION: fencing surrounds individual homeowner lots within community that boarders El Camino Real and Rancho Santa Fe Road LOCATION OF PROJECT: see attached map --------'------------------------------ ON THE: East (NORTH, SOUTH, EAST, WEST) ;~ii::.-JVEEN Rancho Santa Fe (NAME OF STREET) STREET ADDRESS SIDE OF El Camino Real (NAME OF STREET) AND El Camino Real (NAME OF STREET) Don.c. 1 nf ~ OWNERNAME. (Print): La Costa Valley Master MAILING ADDRESS; 5950 La Place Ct.,#250 CITY, STATE. ZIP: (:arlsbad,.C~.92008 .. V ··,'HONE: 760-91~053 l ------------1 "-"~ ADDRESS: valerie.gulllcksen@associa.us APPLICANT NAME (Print): Valerie Gullicksen MAILING ADDRESS: 5950 La Place Ct., #250 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-918-8053 -------------EMAIL ADDRESS: valeri13.glJIUCksen@associa.us APPLICANrs REPRESENTATIVE (Print): Valerie Guljcksen, Sr. Communliy Manager, Associa Professional Community Mgt . . MAILING ADDRESS: _595(! La Place_ ~t.. Suite 250 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: 760-918-8053 ---------------------------....-----,.-EM A IL ADDRESS: vale.ri!l,QUllicksen_@associ_a,us I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY . Ktl:,EDGE. • ~; . . 1 ~ • • 1.~ SIGNATURE • IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LA.ND AND BINR ANY SUCCESSORS IN INTEREST. ~ Hc'a-Gk;-: • ./ -.· PROPERTY OWNER SIGNATURE ~-•• \~.J CITY USE ONLY P-1 Paae 2 of6 RECf.:IVED MAR, 2 l'2016 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED. Revised 04/1 S .-------------:;;-----------------, ,------------- 1. Ccityof 'Carlsbad \ DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. !Note: • • • • -• -• • • --•• -; iPerson is .defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal\ 'io~ganiza_ti?n, ?orp?ra!ion, estate, tr~~t, receiv~~• ~yndicate, in this and any othe_r c~unty, ~ity and co~nty, i 1 c1ty munic1pahty, district or other political subd1v1s1on or any other group or combmat1on acting as a unit." ! i ;Agents may sign this document; however, the legal name and entity of the applicant and property owner' ;must_beJ}rovided below. __ ~-------.. --------______ . ___________ h __ ---~-~--~-___________ ----·------J 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ~ Corp/Part._'Y-...:....,,..~~'A:_.__ _______ _ Title____________ Title _____________ _ Address __________ _ Address ____________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ti/4 Corp/Part. ____________ _ Title __ !___________ Title ______________ _ Address. __________ _ Address ------------- Page 1 of 2 Revised 07/10 3. 4. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is·a rionprofit·orcjanizalion•or a1rust. list the names and addresses of~ person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profil/TrostThomas Krynicki Non Profit/Trust Moncia Kaiser Tille President Tille Vice President ·.,....------------Address 7950 Silio Nespero Add;ess 7850 Sitio Coco • Carlsbad, CA 92009 Carlsbad, CA 92009 Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? Oves If yes, please indicate person(s):. _________ ~--~- NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. 4co-· •Jw.«•af-: 4/~/J (p Signature of apphcarit/date • , • ' Valerie Gullicksen Print or type name of applicant (, Signatu,:e of ~wner/applicant's agent if applicable/date t' . ~ ONICl-1 1<r=usc.~ /Print or type name of own~ri~ppli~~t•s· agent" __ : P-1(A) Page2of2 Revised 07/10 @ 7.2 Residential Area fmprovements. 7.2. l Residence. No Residential Lot shall be improved except with one Residence (unless additional Residences are permitted by the ordinances of the City) designed to accommodate no more .than a single family (unless the ordinances of the City permit use by more than a single family) arid its servants and occasional guests, plus a garage, fencing and such oLh.er improvements as are necessary or customarily incident to a single-famiiy residence. Subject to applicable requirements of any Governmental Agency having jurisdiction over the Residential Lot or any J planned unit development permits affecting the Property, no p;:irt of the construction -on any Residential Lot shall exceed two (2) stories in height above the finished pad. Chimneys, railings, vent stacks, pediments and similar architectural features of normal size, height and distribution ~ay rise above the two (2) story construction limit. No projections of any type shall be placed or permitted to remain above the roof of any building within the Residential Lot, except chinmeys, railings, vent st~cks, pediments and similar architectural featu~es. Anything contained in this Sectiqn to the contrary noltwithsta.nding, any structure construct~d on a Residential Lot shall be subject to the ordinances of the City regulating the height of structures. No wiring or air conditioning fixture, water softeners or other devices ( other th.an solar heating devices approved by the i\.rchitectural Committee) shall be installed on the exterior of a Residence or be allowed to protrude through the walls or roof of the Residence with the exc .::ption of those items installed during the original construction of the Residence). 7 .2.2 Utilities. AH utility, storage areas or "'tructures and pool and spa equipment instaHed or constructed after the conveyance of a Residential Lot to an Owner by Declarant or a M·erchant Builder must be (i) completely concealed from the view of any other Residential Lot or street, or (ii) constructed of such design, materials, configuration and in such location as to be compatible with the Residence and other Improvements on the Residential Lot. . 6 7.2.3 Accessory Structures. Patios and accessory structures not exceeding six feet in height (induding peaked roof) within rear yards of the Residential' Lots shall be allowed up to five feet from the rear property line of the Residential Lot. 7.2.4 Fences. AU fences installed within the Property shall be in conformance with the fencing plan for La Costa Valley adopted by the City Planning Department. No fence within a Lot or the Association Property shall be constructed or ajtered as to type or height withou!I: the approval of the City Planning Department and the Architectural -Co111.mittee. In the event fencing within the 'Property requires replacemen~ the replacement fencing shall be subst~tially identical to La Costa. Valley 40 the ·fencing being replaced, unless other replacement fencing is approved by the City Planning Department and the .Architectural Committee. Fencing on those Lots designated Lots 573 through . 583 and Lots 808 through 825 of Unit No. 3 shall be located only at the northerly property line of the Lots. The fencing shall be six (6) feet in height and constructed of wood. No structure taller than six (6) feet in height shall be constructed in the northerly ten (10) feet of Lots 573 through 583 November 4, 2015 Page2 FENCE MATERIALS MASTER PLAN AMENDMENT DEMAND OPINION SYNTHETIC GRASS '1 LA COSTA VAL Lt, . .,..,J1ASTER ASSOCIATION REGULAR MEETING OF THE BOARD OF DIRECTORS ARCHITECTURAL COMMITTEE Due to numerous requests for vinyl fencing to replace deteriorating wood fencing the architectural guidelines have been reviewed for changes. Upon a motion duly made and seconded; RESOLVED: to propose a rule change to allow fencing to be made of synthetic, vinyl or composite materials when replacing wooden fencing. 3 in favor 1 opposed Being that the fencing materials are different form the original master plan, approval is required from the city of Carlsbad. Therefore, upon a motion duly made seconded; RESOLVED: to submit an amendment application to the city which includes a review fee payable to the city of Carlsbad in an amount not to exceed $2,000.00. Unanimous To be discussed in executive session, legal. Committee provided suggestions on proposed changes and homeowner input was discussed. A final product was achieved which will be mailed to owners for review. Upon a motion duly made and seconded; RESOLVED: to approve of the revised architectural guidelines for synthetic grass. 3 in favor 2 opposed EXECUTIVE SESSION Adjourned regular meeting at 7:20 to discuss legal and hearings for violation discipline. CALL TO ORDER Regular meeting called to order at 7:45 SPA AC UNIT FITNESS/ OFFICE CAI OPERATIONS COMMITTEE Circulation pump for spa is requiring replacement. Upon a motion duly made and seconded; RESOLVED: to approve of spa pump replacement by Blue Mist Pools in the amount of $1,638.74 to _be paid out of reserves. Unanimous Air conditioning unit has been inoperable, several proposals have been reviewed by the operations committee with several options for repair. However, due to the age of the unit, 15 plus years it is recommended that the unit be replaced. Upon a motion duly made and seconded; r--------------~--------------- l {'cityof \Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov PROJECT NAME: La Costa Valley Master Association APPLICANT NAME: Valerie Gullicksen Please 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: The association would like to broaden the scope of the master plan to allow for alternative mater!als in fencing. Production fences are currently built of wood, we would like the choice of materials to include synthetic, vinyl or composite when these fences are replaced around the residential lots. Composite materials available today mimic the appearance of wood and require little maintenance. Homeowners within our community have asked the association to allow these materials when considering residential fence replacement. 2. Any request for a Major Amendment to the Master plan shall require serious consideration as it relates to the intent of the original Master Plan. As a condition of consideration of any amendment to the Master Plan it shall be the applicant's responsibility to: a. Ensure that the proposed amendment meets the goals and objectives of the Master Plan and the public facilities requirements identified in the Zone 12 Local Facilities Management Plan. b. Ensure that any impacts to the Master Plan resulting from the amendment can be satisfactorily mitigated. c. Update any Master Plan studies and/or provide additional studies when determined necessary by the Planning Director. d. Any Major Amendment to the Master Plan shall require that all proposed development comply with all City ordinances and policies in effect at the time of approval. e. Provide a strike-out/underline copy of the Master Plan text when changes are necessary and update any Master Plan exhibits affected by the proposed amendment. MINOR MASTER PIAN AMENDMENTS All Minor Amendments which meet the criteria noted below shall be reviewed for approval administratively by the Planning Director. a. Expansions or reductions to the geographic Planning Areas up to 10% in area may be allowed by the Planning Director if the overall dwelling unit yield or use allocation specified for the Planning Area in Chapter VII does not increase or change. b. Minor realignment or modification of internal streets of the Master Plan if approved by the Planning Director and City Engineer as not constituting significant change to any individual neighborhood. c. .Additions to/ or minor amendments to design features identified in Chapter N, Community Development Standards, provided such additions or amendments strengthen the unity and vitality of the community's design and are comprehensively incorporated in the Master Plan. d. Minor modifications to the Development Phasing Scenario described in the Local Facilities Management Plan for Zone 12 will require the approval of the Planning Director and City Engineer. 35 F. G. e. Any changes to the Master Plan required to satisfy the requirements of the U.S. Department of Fish and Wildlife or Army Corp of Engineers may be approved administratively by the Planning Director. If the Planning Director has concerns about approving these changes administratively he may submit these changes to the Planning Commission for a Planning Commission Determination of substantial conformance to the Master Plan. MASIBR PLAN REVIEW AND UPDAIB If determined to be necessary, at the direction of the City Council, the Master Plan shall be comprehensively reviewed by the City of Carlsbad Planning Department every four years or more frequently. The review shall consider but not be limited to the following topics. 1. The quality of the living environment created by the Master Plan. 2. The Master Plan's fulfillment of current City policies and standards. 3. The fiscal impact of the Master Plan's implementation. 4. The Master Plan's maintenance of environmental quality. 5. Adequacy of public facilities. IBNTATIVE MAP/PLANNED DEVELOPMENT PERMIT AMENDMENTS 1. MAJOR AMENDMENTS Major Amendments to a Planned Development Permit may be permitted per Carlsbad Municipal Code Section 21.45.160. 2. MINOR AMENDMENTS Minor Amendments may be approved administratively by the Planning Director if there is no change to the densities or the boundaries of the subject property, and if the proposed change does not involve an addition of a new use or group of uses not shown on the original permit, or the rearrangement of uses within the development, or changes of greater than ten percent in approved yards, coverage, height, square footage of units, open space or landscaping. The Planning Director's Review shall be limited only to the Village(s) affected by the proposed amendment. 36 Tur Vult\Gf.s cr LACoSTA ~ s -··~··-··-·~~-·~· I r Walls I Fences Plan Aaanvn, A ~l'l.t::TJJ • I ' i -----·-l os-2 • •. ·\ -. . . ·<·\· ,.· ~ . s.. ~ \ • , •• :, : ~':,,' ~ PROJECT ENTRY ' ' ' ' ~ VILLAGE ENTRY ON CALLE BARCELONA ~ VILLAGE ENTRY COMMUNITY THEME WALL ·•••• SOI.ID 00000 VIEW VILLAGE WALL &a .. & SOI.ID ••••.a lhEW PRODUCT/ON FENCING CDl:bl VIEW Mem STANDARD ---■■ UPGRAOEO ' ' ' ' I ,r TuE Vnua..scr LACOSTA ~ ZX6CAP--, 2X4RAIL STANDARD PRODUCnON FENCE 2 X 4 RAIL TOP AND BOTTOM 2X6 CAP BLACK VINYL :::~INK 6 X 6 WOOD POST 7 ---, I PRODUCTION VIEW FENCE UPGRADED PRODUCnON FENCE Production Fencing ARROYO LA COSTA 75 ', !. L: r-·. r:· ', H. All community walls shall be landscaped _in accordance with the community landscape plan. Whenever possible, mounding and landscaping shall be utilized to soften the appearance of walls and fences. Where necessary, the wall types will be modified to accommodate views and noise attenuation. Note that along Calle Barcelona the community wall varies in its setback, thus creating a variety of special landscape experiences along the street 2. VILLAGE WALLS 3. These walls are of similar materials as the community walls except that the pilasters are six feet, wall height is five feet, and wall decorations are not used. All Village walls shall be landscaped in accordance with the community landscape plan. Whenever possible, mounding and landscaping shall be utilized to soften the appearance of walls and fences. Where necessary, this wall type will be modified to accommodate views and noise attenuation. The Village wall details are shown on Exhibit 32 on page 74. PRODUCTION FENCING s~n+h€.-He,., v1·n9l or &>mp~sife.. The production fences are of woodfc?nstruction, and used to separate private residence boundaries. This fence type has an upgraded version where it borders on public areas, as well as a view fence (see Exhibit 33, page 75). All fence heights shall be coordinated such that there is a smooth transition between side and front yard production fences (see Exhibit 34 on page 76). VIEWS Maintaining quality views is important in the overall image of the Villages of La Costa. Interior view potential should be maximized by careful siting of buildings (especially two-story) and tall trees. Outward views should be framed with tree and sh~b massing. This planting will also serve to soften views of the houses visible to surrounding areas (see Exhibit 35 on page 77). Views into the riparian area should be maintained (Exhibit 36 on page 78), while . views which look down from residential areas into the recreation center and the school yards should be controlled (see Exhibit 37 on page 79). This provides a feeling of privacy and seclusion for those w:ho use these facilities, and still maintains a view corridor for medium and long-range views. The treatment of edges between differing land uses is an important consideration in mailltaining continuity in community design. Site planning and landscape design should make a smooth and logical transition from one -area to the other without leaving hard edges or abrupt changes. The three areas of greatest concern are the . riparian-open space/residential interface, the special use/residential interface and the easement/residential interface. 73 '· ,r-c· · · f ,{__ lcy'O HAZb .... .iiOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Carlsoad Planning Division 1635 Faraday Avenue (760) 602.-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ljJ The development project and any alternatives proposed in this application .!!!.!...!!!!! contained on the lists complied pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application J!!! contained on the lists complied pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Valerie. Gullicksen Address: 5950 La Place Ct., Suite 250 _Carlsbad, CA 92009 Phone Number: 760-918"'.8053 Address of Site: Qalle Barc~lona -' -. ·~ - PROPERTY OWNER Name: La Costa Valley Master Address: c/o 5950 La Place Ct., Suite 250 Carlsbad, CA 92009 Phone Number: 760-918-8053 Local Agency (City and County):,_C_a_r __ ls_b.,..a_d_,_S_a ___ n_D_i_e_g_o __________ _ Assessor's book, page, and parcel number:_2~~-5.,. __ ~,,,2_5_1_-_5_O_-_O_O _________________ _ Specify iist(s):-"--------,-...:-----'---------------------- Regulatory Identification Number.._-'-____________________ _ Date of Ust. __ ------''-----'------------------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 ~-. cv ( ' ' \ ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 3 -a :3-l Co (To be completed by City) Application Number(s): H P <8 <o-0 \ UC>) General Information 1. Name of project: La Costa Valley Master Association 2. Name of developer or project sponsor: _________________ _ Address: ___________________________ _ City, State, Zip Code: _______________________ _ Phone Number: ---~------------~----------- 3. Name of person to be contacted concerning this project: Valerie Gullicksen Address: 5950 La Place Ct., Suite 250 City, State, Zip Code: Carlsbad, VA 92008 Phone Number: 760-918-8053 4. Address of Project: homes near 2280 Calle Barcelona 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: 6. Existing General Plan Land Use Designation: ---------------~ 7. Existing zoning district: -----------------~----- 8. Existing land use(s): fencing for residential planned developement 9 P · d f ·t (P · t f h" h th· " • f"I d) no change other than material of fencing. . ropose use o sI e roJec or w Ic Is 1orm Is I e : ____________ _ Project Description 10. Site size: ___________________________ _ 11. Proposed Building square footage: ----------~--------- 12: Number of floors of construction: ___________________ _ 13. Amount of off-street parking provided: __________________ _ 14. Associated projects: _______________________ _ P-1(0) Page 2 of 4 Revised 07/10 ( 15. If residential, include the number of units and schedule of unit sizes: _1_0_7_3 ______ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: --------------~---~---------- 17. If industrial, indicate type, estimated employment per shift, and 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: ________ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1 (D) Page 3 of 4 Revised 07/10 "~ ~, Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or tl 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Cha·nge in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on fllled land or on slope of 10 percent or more. □ 0 28. Use· of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relatfortship to a larger project or series of projects. □ 0 Environmental Setting Attach sheets that include a response to the following questions: 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 I 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 knowledge and belief. Date ..J!J/ 3 /; {tJ Signature: r1~, ..jf_,,µ.e~ I I I£.//_ For. C'(l~ d rf)aslu P-1(0) Page4of4 Revised07/10 ( , . EQUITY TITLE COMPANY 123 CAMINO DE LA REINA,SUITE 100 WEST SAN DIEGO, CA 92108 PHONE: (619) 574-5985 FAX: (619) 294-3298 DATED AS OF DECEMBER 22, 2014 AT 7:30 A.M. RECEIVED JAN O 'l 2015 PCM SAN DIEGO /IJORiH COUNTY PROFESSIONAL COMMUNITY MANAGEMENT 5950 LA PLACE COURT #250 YOUR NO.: APN 255-251-50 CARLSBAD, CA 92008 ATTENTION: VALERIE GULLICKSEN ( PROPERTY ADDRESS: APN: 255-251-50 ORDER NO.: SD1452039 TITLE OFFICER: MIKE VALERI/ANTHONY BRYANT EMAIL: SDUNIT05@EQUITYTITLE.COM "PRELIMINARY REPORT" IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, EQUITY TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN· OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE , PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. ' ·; ! THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT B ATTACHED. THE POLICY TO BE ISSUED MAY CONTAIN AN ARBITRATION CLAUSE. WHEN THE AMOUNT OF INSURANCE IS LESS THAN THAT SET FORTH IN THE ARBITRATION CLAUSE, ALL ARBITRABLE MATTERS SHALL BE ARBITRATED AT THE OPTION OF EITHER THE COMPANY OR THE INSURED AS THE EXCLUSIVE REMEDY OF THE PARTIES. LIMITATIONS ON COVERED RISKS APPLICABLE TO THE CL TA AND AL TA HOMEOWNER'S POLICIES OF TITLE INSURANCE WHICH ESTABLISH A DEDUCTIBLE AMOUNT AND A MAXIMUM DOLLAR LIMIT OF LIABILITY FOR CERTAIN COVERAGES ARE SET FORTH IN THE POLICY. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE THAT ISSUED THIS REPORT. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT B OF THIS REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. THIS REPORT {AND ANY SUPPLEMENTS OR AMENDMENTS HERETO} IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO·LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: □ □ [X] □ CALIFORNIA LAND TITLE ASSOCIATION/AMERICAN LAND TITLE ASSOCIATION HOMEOWNERS POLICY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY CALIFORNIA LAND TITLE ASSOCIATION STANDARD POLICY AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL POLICY _ QROER NQ._ S_D145~QJ9 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: ' AFEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: LA COSTA VALLEY MASTER ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO \ J 2 10 ORDER NO. 5D1452039 EXHIBIT "A" LOT 124, OF CARLSBAD TRACT NO. 88-03-1, ARROYO LA COSTA, UNIT 1, (VILLAGES I), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13385, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1996. RESERVING THEREFROM SUCH EASEMENTS DESCRIBED IN THE DECLARATION REFERRED TO BELOW AND THE SUBDIVISION MAP DESCRIBED ABOVE, AND SUCH OTHER EASEMENTS AS MAY BE OF RECORDS AS OF THE DATE HEREOF. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED (THE "PROPERTY'') IS CONVEYED AND ACCEPTED SUBJECT TO THE LIMITATIONS, RESTRICTIONS, CONDITIONS, RESERVATIONS, EASEMENTS AND EQUITABLE SERVITUDES SET FORTH IN THAT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LA COSTA VALLEY RECORDED OCTOBER 15, 1997, AS FILE/PAGE NO. 1997-0514006 AS AMENDED BY THAT CERTAIN FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF LA COSTA VALLEY, RECORDED MARCH 26, 1998, AS FILE/PAGE NO.1998-0164689 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY CALIFORNIA, NOW OF RECORD OR WHICH WILL BE OF RECORD PRIOR TO THE RECORDATION OF THIS GRANT DEED (COLLECTIVELY "DECLARATION"), ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. -END OF LEGAL DESCRIPTION._ 3 11 ) ORDER NO. SD1452039 SCHEDULE B AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD BE AS FOLLOWS: 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FQR: GRANTED TO: RECORDED: AFFECTS: EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES SAN DIEGO GAS AND ELECTRIC COMPANY MARCH 21, 1957 IN BOOK6504, PAGE 206AND MAY 21, 1957 IN BOOK 6586, PAGE 193, BOTH OF OFFICIAL RECORDS. THE ROUTE THEREOF AFFECTS A PORTION OF SAID LAND AND IS MORE FULLY DESCRIBED IN SAID INSTRUMENT 3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "AGREEMENT REGARDING CABLE TELEVISION WIRING AND EASEMENT', EXECUTED BY AND BETWEEN DANIELS CABLEVISION INC AND FIELDSTONE-LA COSTA ASSOCIATES, A CALIFORNIA LTD PARTNERSHIP, RECORDED MARCH 17, 1993 AS INSTRUMENT NO. 1993-0164867, OF OFFICIAL RECORDS. 4. AN EASEMENT AS SHOWN ON THE MAP NO. 13385. FOR: AFFECTS: OPEN SPACE AND INCIDENTAL PURPOSES. AS SHOWN ON MAP 5. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, ASSESSMENTS, LIENS, CHARGES, TERMS AND PROVISIONS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE ExrENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604{C), OF THE UNITED STATES CODES OR SECTION 12955 OF THE CALIFORNIA GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. RECORDED: MARCH 26, 1998 AS INSTRUMENT NO. 1998-0164689, OF OFFICIAL RECORDS. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH. A DOCUMENT DECLARING MODIFICATIONS THEREOF RECORDED AUGUST 28, 1998 AS INSTRUMENT NO.1998-0551065, OF OFFICIAL RECORDS. 6. OUR EXAMINATION OF RECORD TITLE TO THE HEREIN DESCRIBED LAND DOES NOT DISCLOSE ANY EXISTING LOANS. WE THEREFORE REQUIRE THE OWNERS DECLARATION ATTACHED HERETO BE SIGNED, NOTARIZED, AND RETURNED TO US BEFORE RECORDING. 4 12 I f ( \ ( ORDER NO. SD1452039 REQUIREMENTS: A. WITH RESPECT TO LA COSTA VALLEY MASTER ASSOCIATION, A CALIFORNIA NONPROFIT MUTUAL BENEFIT CORPORATION: 1. A COPY OF THE CORPORA TE BY-LAWS OR ARTICLES. 2. A ORIGINAL CERTIFIED COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS AUTHORIZING THE CONTEMPLATED TRANSACTION AND DESIGNATING WHICH CORPORATE OFFICERS SHALL HAVE THE POWER TO EXECUTE ON BEHALF OF THE CORPORATION, TOGETHER WITH A CERTIFICATE OF COMPLIANCE PURSUANT TO SECTION 5912 OR 7912 CORPORATIONS CODE. 3. IF THE ARTICLES OR BY-LAWS REQUIRE APPROVAL BY A "PARENT" ORGANIZATION, WE WILL ALSO REQUIRE A COPY OF THOSE BY-LAWS OR ARTICLES. 4. OTHER REQUIREMENTS THAT THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. 7. STATEMENT OF INFORMATION FROM THE BUYERS . ..,.END OF SCHEDULE B..,. 5 13 ORDER NO. SD1452039 NOTES: WE DEPOSIT FUNDS RECEIVED ON YOUR BEHALF IN STATE OR FEDERALLY-CHARTERED BANKS THAT ARE INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION ("FDIC"). THE ACCOUNT IS CURRENTLY HELD AT COMERICA BANK. • FDIC DEPOSIT INSURANCE COVERAGE APPLIES TO A MAXIMUM AMOUNT OF $250,000 PER DEPOSITOR FOR DEPOSITS HELD IN THE SAME LEGAL OWNERSHIP CATEGORY AT EACH BANK. FOR EXAMPLE, FUNDS HELD ON YOUR BEHALF IN AN ACCOUNT MAINTAINED BY US WILL BE COMBINED WITH ANY INDIVIDUAL ACCOUNTS HELD DIRECTLY BY YOU AT THE SAME BANK. YOU ARE RESPONSIBLE FOR MONITORING THE TOTAL AMOUNT OF DEPOSITS THAT ARE OWNED DIRECTLY OR INDIRECTLY BY YOU IN ANY ONE BANK. IF YOU HAVE QUESTIONS ABOUT FDIC DEPOSIT INSURANCE, CONTACT YOUR FINANCIAL OR LEGAL ADVISORS OR GO TO HTTP:/JWWW.FDIC.GOV/DEPOSIT/DEPOSITS/INDEX.HTML. WE DO NOT GUARANTEE THE SOLVENCY OF ANY BANK INTO WHICH FUNDS ARE DEPOSITED AND WE ASSUME NO LIABILITY FOR ANY LOSS YOU INCUR DUE TO THE FAILURE, INSOLVENCY OR SUSPENSION OF OPERATIONS OF ANY BANK OR THE $250,000 FDIC DEPOSIT INSURANCE LIMIT. UNLESS OTHERWISE AGREED IN WRITING, EACH OF THE PRINCIPALS AGREES, UNDERSTANDS AND ACKNOWLEDGES THAT: THE ESCROW ACCOUNT IS NON-INTEREST-BEARING; NO FINANCIAL OR OTHER BENEFITS WILL BE EARNED BY OR PROVIDED TO ANY OF THE PRINCIPALS WITH RESPECT TO SUCH FUNDS' AND EQUITY TITLE COMPANY AND ITS AFFILIATES MAY INSTEAD RECEIVE DIRECT AND INDIRECT FINANCIAL AND OTHER BENEFITS FROM THE DEPOSITORY WITH RESPECT TO SUCH FUNDS THESE BENEFITS SHALL BE TREATED AS ADDITIONAL COMPENSATION TO EQUITY TITLE COMPANY FOR ITS SERVICES AS AN ESCROW HOLDER IN THIS TRANSACTION. NOTE: UNLESS OTHERWISE DIRECTED IN WRITING, EQUITY TITLE COMPANY AUTOMATICALLY ISSUES THE ALTA HOME OWNER'S POLICY ON ALL QUALIFYING RESIDENTIAL PROPERTY SALE TRANSACTIONS. NOTE: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. NO PAYOFFS WILL BE MADE USING "VERBAL" FIGURES NOTE: EFFECTIVE JANUARY 1, 1990, ASSEMBLY BILL 512, ENACTED AS CHAPTER 598, WILL ADD SECTION 12413.1 TO THE CALIFORNIA INSURANCE CODE DEALING WITH THE "GOOD FUNDS" ISSUE. FUNDS DEPOSITED BY: □ CASH AND BY ELECTRONIC TRANSFER (WIRED FUNDS) WILL BE AVAILABLE FOR SAME DAY DISBURSEMENTS. □ CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS WILL BE AVAILABLE FOR NEXT DAY DISBURSEMENTS. □ ALL OTHER TYPES OF CHECKS WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DAY PROVIDED IN REGULATION CC ADOPTED BY THE FEDERAL RESERVE BOARD OF GOVERNORS. □ A DRAFT WILL NOT BE AVAILABLE FOR DISBURSEMENT UNTIL THE DRAFT HAS BEEN SUBMITTED FOR COLLECTION AND PAYMENT RECEIVED BY OUR BANK. PLEASE NOTE: THIS COMPANY WILL MAKE DISBURSEMENTS ONLY IN THE SAME MANNER AS WHICH FUNDS ARE -RECEIVED. SHOULD THIS COMPANY BE REQUESTED TO MAKE ANY DISBURSEMENTS BY ELECTRONIC TRANSFER (WIRED FUNDS), THIS COMPANY WILL REQUIRE FUNDS TO BE DEPOSITED TO OUR ACCOUNT BY ELECTRONIC TRANSFER. 6 14 / EQUITY TITLE COMPANY 123 CAMINO DE LA REINA,SUITE 100 WEST SAN DIEGO, CA 92108 PHONE: (619) 574-5985 FAX: (619) 294-3298 WIRE TRANSFER INSTRUCTIONS EQUITY TITLE COMPANY SD1452039 COMERICA BANK 2321 ROSECRANS AVENUE,# 5000 EL SEGUNDO,CA 90245 ABA# 121137522 ORDER NQ, S014520~8 CREDIT: EQUITY TITLE COMPANY -(SD1452039, MIKE VALERI) ACCOUNT# 1891614867 SHOULD YOUR WIRE INSTRUCTION BE INCOMPLETE OR INCORRECT, ITWILL BE RETURNED WITHOUT NOTICE. IF YOU HAVE ANY QUESTIONS IN THIS REGARD PLEASE CONTACT YOUR TITLE OFFICER IMMEDIATELY. 7 15 ORDER NO. SD1452039 EQUITY TITLE COMPANY ATTENTION: MIKE VALERI, TITLE OFFICER 123 CAMINO DE LA REINA,SUITE 100 WEST SAN DIEGO, CA 92108 PHONE: (619) 574-5985 YOUR NO.: APN: 255-251-50 OUR NO.: SD1452039 DATE: DECEMBER 22, 2014 AT 7:30 A.M. LENDERS SUPPLEMENTAL REPORT THE ABOVE NUMBERED REPORT (INCLUDING ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS HEREBY MODIFIED AND/OR SUPPLEMENTED IN ORDER TO REFLECT THE FOLLOWING ADDITIONAL ITEMS RELATING TO THE ISSUANCE OF AN AMERICAN LAND TITLE ASSOCIATION LOAN FORM POLICY AS FOLLOWS: THIS REPORT IS PREPARATORY TO THE ISSUANCE OF AN ALTA LOAN POLICY. WE HAVE NO KNOWLEDGE OF ANY FACT WHICH WOULD PRECLUDE THE ISSUANCE OF THE POLICY WITH CLTA ENDORSEMENT FORMS 100 AND 116 ATTACHED. WHEN ISSUED, THE CL TA ENDORSEMENT FORM 116 WILL REFERENCE A VACANT LAND KNOWN AS VACANT LAND/APN: 255-251-50 ACCORDING TO THE PUBLIC RECORDS, THERE HAVE BEEN NO DEEDS CONVEYING THE LAND DESCRIBED HEREIN WITHIN A PERIOD OF THIRTY-SIX (36) MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS FOLLOWS: NONE. 8 16 0) ("') 0 N LO "<:I" ..... 0 (/) ci z 0:: w 0 0:: 0 "UOQJ8lH 8~U8!18J JO UOSBOJ Aq 6uµ,n:x,o ••01 Aue JOj A1!1!qe11 OU sau.nsse Auedwoo 041 ·1oolJOO •q 01 pOM!IOq ., l•id S/41 "1!4M 'Sl"'1J8d J04IO pue SjOQJjS OJ OOUOJOjOJ 41!"' pueI JnOA 6UABOOI UI Pl• JnoA JOj ., !Bid S/41 ~k "' .. 2 MA P NO. 8-5__ ;, ; CA RLSBAD TRACT NO. 88-03-1 COUNTY CE SAN DIEGO, STA II ~ :Al.lfORNIA ARROYO LA COSTA, UNIT 1 ('v1LI.AGE I) -~~ ------1 -=--., a \ \ SHET 5 ~ 10 SHE►TS 1 ~ I. d: ' r --! J .. ~., ... .,... j J ...• c.L JllM..X.. 21 ..... I ] e 'G s '!! PAAca 2 t • T .11. HO. 86-03-1 CN.IOfNA AltlllDl:21-tUI Statement of Information '\:GlUITY TITLE GOMPANY-maintains procedural safeguards-that comply with federal standards to-protect the confidentiality and-security of non-public - )arsenal information. This statement will serve to establish identity, eliminate matters affecting persons of similar name, protect you against forgeries, and ,,;.,:,eed the completion of your title and escrow services. PLEASE BE SURE YOU HAVE FILLED THIS FORM OUT COMPLETELY; INCLUDING SIGNATURES AND DATE. NOT PROVIDING REQUESTED INFORMATION MAY CAUSE A DELAY IN THE CLOSE OF YOUR TRANSACTION. -THANK YOU - FOR ONLINE VERSION OF THIS FORM CLICK HERE FOR MORE INFORMATION ON THIS FORM CLICK HERE ESCROW NO .. _______________________ TITLE ORDER: SO1452039 SOC.SEC. NAME---,,,===--------=--------------------------------'NUMBER. ______________ _ FIRST FULL MIDDLE NAME LAST DRIVER'S LICENSE NUMBER. ______________ _ DATE OF BIRTH _______ ___.BIRTHPLACE. _______________ ~HOME PHONE. ________________ _ YOUR BUSINESS PHONE. ____________ YOUR CELL PHONE. _____ ~ _______ YOUR FAX ___________ _ YOUR E-MAIL SPOUSE/DOMESTIC PARTNER E-MAIL ________________ _ LIVED IN USA SINCE LIVED IN CALIFORNIA SINCE. __________________ _ (CIRCLE ONE) NAME OF SPOUSE/ SOC. SEC. DOMESTIC PARTNER~ ___________________________ NUMBER~-------------- DRIVER'S LICENSE NUMBER~--------------DATEOF FIRST FULL MIDDLE NAME • LAST BIRTH ________ .BIRTHPLACE ________________ M.AIDEN NAME. ________________ _ SPOUSE/DOMESTIC PARTNER BUSINESS PHONE. ___________ CELL PHONE. __________ F.AX~--------- LIVED IN USA SINCE LIVED IN CALIFORNIA SINCE __________________ _ IF MARRIED, OR IN A DOMESTIC PARTNERSHIP, DATE: AT ____________________ _ CITY AND STATE PREVIOUS MARRIAGE(S) OR DOMESTIC PARTNERSHIP(S) (if no previous marriage or domestic partnership, write nNONEj: (CIRCLE ONE) NAME OF FORMER DECEASED DATE~----------------SPOUSE/DOMESTIC PARTNER ________________ DIVORCED WHERE. _______________ _ (CIRCLE ONE) NAME OF FORMER DECEASED DATE. ________________ _ ~POUSE/DOMESTIC PARTNER DIVORCED WHERE. _______________ _ (ATTACH ADDITIONAL PAGE, IF NECESSARY) _. :HILDREN: -1'-JAME ____________ DATE OF BIRTH _______ NAME _____________ DATE OF BIRTH _____ _ NAME ____________ DATE OF BIRTH _______ NAME _____________ DATE OF BIRTH _____ _ (ATTACH ADDITIONAL PAGE, IF NECESSARY) INFORMATION COVERING PAST 10 YEARS. Residence: NUMBER AND STREET CITY ZIP CODE FROM TO NUMBER AND STREET CITY ZIP CODE FROM TO Your NUMBER AND STREET CITY ZIP CODE FROM TO Employment: FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO Spouse/Domestic Partner Employment: FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO FIRM NAME AND ADDRESS CITY ZIP CODE FROM TO HAVE YOU OR YOUR SPOUSE/DOMESTIC PARTNER OWNED OR OPERATED A BUSINESS? DYES ONO IF SO, PLEASE LIST NAMES I HAVE NEVER BEEN ADJUDGED BANKRUPT, NOR ARE THERE ANY UNSATISFIED JUDGMENTS OR OTHER MATTERS PENDING AGAINST ME WHICH MIGHT AFFECT MY TITLE TO THIS PROPERTY EXCEPT AS FOLLOWS: THE STREET ADDRESS OF THE PROPERTY IN THIS TRANSACTION IS: The undersigned declare, under penalty of perjury, that the foregoing is true and correct. ;late: ___________ _ -'i:.late: ___________ _ x. __________________________________ _ (SIGNATURE) x. _________________________________ _ (SPOUSE/DOMESTIC PARTNER SIGNATURE) 18 OWNER'S DECLARATION ····,1Vner's·of Record: __________________________ _ (Type or Print) Each for Himself and or Herself, declare: That to my/our personal knowledge there are NO encumbrances in the form of a Mortgage or Deed of Trust against the property in this transaction. That this declaration is made for the protection of all parties to this transaction, and particularly for the benefit of Equity or Progressive Title Company, which is about to insure the title to said property in reliance thereon, and any other title company which may hereafter insure the title to said property. That under penalty of perjury I/We will testify, declare, depose, or certify before any competent tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of particular facts hereinabove set forth. TITLE ORDER: SD1452039 PROPERTY ADDRESS: I I CA Owners of Record Signature Owners of Record Signature State of California County of __________ _ On _________ before me,-------------~ Notary Public, personally appeared _____________________________ __, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. \ertify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _____________ _ FOR NOTARY STAMP 19 EQUITY TITLE COMPANY PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we • may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship r has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and companies involved in real estate services, such as home warranty companies. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to help ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. G-L-B Privacy Policy/ #47 20 EQUITY TITLE COMPANY Available Discounts EQUITY TITLE COMPANY is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts could apply to: • Property located within an area proclaimed a state or federal disaster area • Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale • Property being refinanced • Please talk with your title officer to determine your qualification for any of these discounts. EXHIBITB LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not Insure against lass or damage (and the Campany will not pay casts, attomeys' fees or expenses) which arise by reason at. 1. Taxes or assessments which are not shown as e>dsting liens by the records of any ta>dng 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 notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Un patented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) waler rights, claims or tiUe to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, casts, attomeys' fees or expenses which arise by reason ot. 1. (a) Any law, ordinance or govemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any improvement now or hereafter erected on the land; (Ui) a separation In ownership or a change in the dimensions or area of the land or any parcel of which the land Is arwas a part; or(iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of 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 govemmental police power not excluded by (a) above, except ta the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Palley. 2. Rights of eminent domain unless noUce 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 claims1 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 lo the Campany, not recorded In the public records at Date of Polley, but known lo the Insured claimant and not disclosed in writing lo 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 Polley; 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. Unenforceablilty of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Polley, 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 unenforceabiiity 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 protecflon or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or Interest insured by their policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or slm liar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of; 1. (a) Any law, ordinance or govemmental regulation (Including but not limited to building and zoning laws, ordinances, or regulaUons) restricting, regulating, prohibiting or relating to Q) 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 violaUon of these laws, ordinances or govemmental regulations, except ta 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 affecflng the land has been recorded In the public records at Date of Polley. (bl Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 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 9f Polley which would be binding on the rights of a purchaser for value without knowledge. 3. 1Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known ta the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed in wriUng lo the Company by the insured claimant prior to the date the insured claimant became insured under this policy; (c) resulting in no loss or damage to the Insured claimant (d) attaching or created subsequent ta Date of Polley ( except to the extent that this policy insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or the extent Insurance Is afforded herein as to assessments for street Improvements underconstrucflon or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the Insured mortgage. 4. Unenforceablllty of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and ls based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an Improvement or work related ta the land which is contracted for and commenced subsequent ta Date of Polley and Is not financed In whole or in part by proceeds of the Indebtedness secured by the insured mortgage which at Date of Polley the Insured has advanced or Is obligated lo advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transacflon creating the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (II) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Ill) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation ta impart noUce to a purchaser for value or a judgment or lien creditor. 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Titie Association Policy Is used as a Standard Coverage Polley and not as an Extended Coverage Policy, the exclusions set forth In paragraph 6 above are used and the following exceptions lo coverage appear in the policy. SCHEDULEB This policy does not insure against lass or damage (and the Company will not pay casts, attomeys' fees or expenses)whlch arise by reason ot. 1. Taxes or assessments which are not shown as e>dsting liens by the records of any ta>dng authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons In possession thereof. 13. Easements, claims of easement or encumbrances which are not shown by the public records. • 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservaUons or exceptions in patents or In Acts authorizing the issuance thereof; water rights, claims or titie ta water. 6. Any lien, or right lo a lien, for services, labor or material theretofore or hereafter fumlshed, Imposed by law and not shown by the public records. 21 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY -1992 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 ore expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulatlon (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to_Q) 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 defec~ lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. • (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polley. 2. Rights of eminent domain unless notice-of the exercise thereof has been recorded In the public records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed In writlng to the Company by the Insured claimant prior to the date the insured claimant became Insured under this policy; (c) resulting in no loss or damage to the insured claim an~ (d) attaching or created subsequent to Date of Policy; or (e) resulUng In loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured estate or Interest Insured by this policy, by reason of the operation offederal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (11) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer, or (b) of such recordation to Impart notice to a purchaser for value or a Judgment or lien creditor. 5. AMERICAN LAND ITTLE ASSOCIATION OWNER'S POLICY -1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy Is used as a Standard Coverage Polley and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB 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: PartDne: 1. Taxes or assessments which are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property 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 said land or by making Inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by 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. Unpatented mining claims; reservations or exceptions In patents or In Acts authorizing the issuance thereof; water rights, claims or tide to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, Imposed by law and not shown by the public records. 6. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2003 AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE-2003 Covered Risks 16 (Subdivision Law Violation), 18 (Building Permit), 19 (Zoning) and 21 (Enaoachment of boundary walls or fences) are subject to Deductible Amounts and Meximum Dollar Limits of Liability EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) building ' (b) zoning (c) land use; (d) Improvements on the land (e) land division (f) environmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Polley Date. This exclusion does not limit the coverage described In Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at the Polley Date. 3. The right to take the land by condemning I~ unless: (a) a notice of exercising the right appears in the public records on the Polley Date; or (b) the taking happened before the Polley Date and Is binding on You If You bought the land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; (b) that are Known to You at the Polley Date, but not to Us, unless they appear In the Public Records at the Polley Date; (c) that result In no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your lltle. 6. Lack of a right: (a) to any Land outside the area speclflcally described and referred to In paragraph 3 of Schedule A; and (b) in streets, alleys, orwaterways that touch the Land. This Exclusion does not llmlt the coverage described in Covered Risk 11 or 18. 7. AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the Land; (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 areas of the Land or any parcel of which the Land Is or was a part; or (Iv} environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent thats 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 Polley. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defe~ lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the Public Records at Date of Polley, but not excluding from coverage any taking which has occurred prior to Date of Polley which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claiman~ (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 Polley (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the Inability or failure of the Insured at Date of Polley, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the Land Is situated. 5. Invalidity or unenforceabillty of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided In Covered Risk 27, or any consumer credit protection or truth In lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Polley. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule , A Is no longer the owner of the estate or Interest covered by this policy. This exclusion does not limit the coverage provided In Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Polley, and all Interest charged thereon, over liens, encumbrances and other matters affecting the titie, the existence of which are Known to the Insured at (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of Interest charged, if the rate of Interest Is greater as a result of the modification than It would have been before the modification. This exclusion does not limit the coverage provided In Covered Risk 8. 9. Toe failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes If notice of the violation appears In the Public Records at Date of Polley. 22 8. 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excludedJrom 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 1. (a) Any law, ordinance, pennlt, 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 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 llmlt 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 10 the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior 10 the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Clalmant (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 lnablilty 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-ln~endlng law. 6. Any claim, by reason of the operation of federal·bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the Hen 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. Any lien on the 1itie 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). 9. 2006 ALTA LOAN POLICY (06-17-06) WITH REGIONAL EXCEPTIONS When the American Land 1iUe AssociaUon policy is used as a Standard Coverage Polley and not as an Extended Coverage Polley the exclusions set forth In paragraph 8 above are used and the following excepUons 10 coverage appear in the policy. SCHEDULE B 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: Part One: 1. Taxes or assessments which are not shown as exisUng II ens by the records of any taxing authority that levies taxes or assessments on real property 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 said land or by making inquiry of persons In possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by 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. Unpatented mining clalms; reservaUons or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or Utie to water. 6. Any llen, or right ID a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. 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, pennlt, 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; (Ill) 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 llmlt the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. : 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known 10 the Company, not recorded In the Public Records at Date of Polley, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Clalmant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent 10 Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the 1itie. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the 1iUe 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. Any lien on the 1iUe 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 1itie as shown In Schedule A. 11. 2006 ALTA OWNER'S POLICY (06-17-06) WITH REGIONAL EXCEPTIONS When the American Land 1itie Association policy Is used as a Standard Coverage Polley and not as an Extended Coverage Policy the exclusions set forth In paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB 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: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority thatlevles taxes or assessm ants on real property 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 said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by public records. . 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts wh1ch a correct survey would disclose, and which are not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or Utie 10 water. 6. Any lien, or right 10 a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 23