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HomeMy WebLinkAboutPD 2023-0034; 7500 CADENCIA ST; Engineering ApplicationAPPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-23 Page 1 of 2 REV 03/23 Complete all appropriate information. Write N/A when not applicable. Project Name: Date: __ Project Description: Project Address: Lot No(s).: Map No.: APN(s): Number of Lots: Number of Acres: Miles of Trails: Owner: Applicant: __ Mailing Address: __ __ Phone Number: __ Fax Number: __ E-mail:__ Signature: Date: Mailing Address: Phone Number: Fax Number: E-mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: Date: Civil Engineer: Firm: Mailing Address: Soils Engineer: Firm: Mailing Address: Phone Number: Fax Number: E-mail: State Registration Number: Phone Number: Fax Number: E-mail: State Registration Number: Additional Comments: IMPROVEMENT VALUATION 1.What water district is the proposed project located in? (check one) Carlsbad Municipal Water District Olivenhain Vallecitos 2.If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $ GRADING QUANTITIES cut cy fill cy remedial cy import cy export cy 2317 Cadencia Proposed adu with garage and covered patio (non-habitable) 7500 Cadencia St., Carlsbad, CA 92009 485 7950 223-260-09 209 176.852 n/a Rick Guinn 7500 Cadencia St. Carlsbad, CA 92009 858-583-9713 jrguinn5@gmail.com John Van Ryn Van Ryn Engineering John F. O'Brien NOVA Services, Inc. 16766 Bernardo Center Dr. Suite 115, San Diego, CA 92128 4373 Viewridge Avenue, Ste. B San Diego, CA 92123 858.521.8100 john@vanryneng.com 858.292.7575 80667 651 4 4 4 550 50 150 0 500 10-27-2023 Rick Guinn 7500 Cadencia St Carlsbad, CA 92009 858.583.9716 jrguinn5@gmail.com DocuSign Envelope ID: 3A131153-F1F1-496D-AD83-A2C4FEB6B628 10/31/2023 10/31/2023 APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-23 Page 2 of 2 REV 03/23 APPLICATION ACCEPTED BY: DATE STAMP APPLICATION RECEIVED Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (check all that apply) FOR CITY USE ONLY Project I.D.Drawing Number Deposit /Fees Paid Comments Adjustment Plat (ADJ) Certificate of Compliance (CE) Dedication of Easement (PR) Type: Type: Encroachment Permit (PR) Final Map (FM) Grading Plancheck (DWG) Improvement Plancheck (DWG) Parcel Map (PM) Quitclaim of Easement (PR) Type: Reversion to Acreage (RA) Street Vacation (STV) Tentative Parcel Map (MS) Certificate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) Trails < mile >mile Other DocuSign Envelope ID: 3A131153-F1F1-496D-AD83-A2C4FEB6B628 EQUITY TITLE COMPANY 591 CAMINO DE LA REINA, SUITE 1105 SAN DIEGO, CA 92108 PHONE: (619) 574-5985 FAX: (619) 294-3298 DATED AS OF JULY 24, 2023 AT 7:30 A.M. RICK GUINN YOUR NO.: PROPERTY ADDRESS: 7500 CADENCIA STREET, CARLSBAD, CA 92009 , CA ATTENTION: RICK GUINN ORDER NO.: 3910323-04962 TITLE OFFICER: ANTHONY BRYANT AND ROGER REINHARD 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 CLTA AND ALTA 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: ALTA/CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE, IF APPLICABLE, OR CLTA/ALTA STANDARD OWNER'S POLICY; AND/OR ALTA LOAN POLICY, IF APPLICABLE, OR CLTA STANDARD LOAN POLICY A SPECIFIC REQUEST SHOULD BE MADE IF ANOTHER FORM OR ADDITIONAL COVERAGE IS DESIRED. ORDER NO. 3910323-04962 2 SCHEDULE A THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RICHARD L. GUINN AND JILL S. GUINN, HUSBAND AND WIFE AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP 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 ORDER NO. 3910323-04962 3 EXHIBIT “A” LOT 485 OF CARLSBAD TRACT 72-20 LA COSTA VALE, UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCT DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER OR WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE PROPERTY TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OF ANY OTHER LAND, INCLUDING THE RIGHT OF WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LAND OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM OF SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS, AND SHAHS UNDER AND BENEATH OF BEYOND OR THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN, AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE, AS RESERVED IN THE DEED FROM DAON CORPORATION, A DELAWARE CORPORATION RECORDED JANUARY 20, 1982 AS FILE NO. 82-016443 OF OFFICIAL RECORDS. APN: 223-260-09-00 ***END OF LEGAL DESCRIPTION*** ORDER NO. 3910323-04962 4 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: A. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2023-2024, A LIEN NOT YET DUE OR PAYABLE. B. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 2022-2023 TOTAL: $14,302.30 FIRST INSTALLMENT: $7,151.15 PAID SECOND INSTALLMENT: $7,151.15 PAID ASSESSED VALUATION: LAND VALUE: $439,013.00 IMPROVEMENTS: $871,827.00 EXEMPTION: $7,000.00 CODE AREA: 09186 A. P. NO.: 223-260-09-00 C. AN ASSESSMENT BY THE IMPROVEMENT DISTRICT SHOWN BELOW ASSESSMENT NO.: N/A SERIES: 96-1 DISTRICT: SAN DIEGO CITY FOR: OLIVNHAIN WATER 96-1 BOND ISSUED: OCTOBER 4, 1996 SAID ASSESSMENT IS COLLECTED WITH THE COUNTY/CITY PROPERTY TAXES. D. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 1. WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS, RECITALS, SETBACKS, NOTATIONS AND OTHER MATTERS AFFECTING SAID LAND FOR THE PURPOSES STATED THEREON, AND INCIDENTAL PURPOSES THEREIN, AS SHOWN ON THE RECORDED MAP REFERENCED IN THE LEGAL DESCRIPTION. 3. AN EASEMENT AS SHOWN ON THE MAP NO. 7950. FOR: PUBLIC UTILITY, TREE PLANTING, SEWER AND INCIDENTAL PURPOSES. AFFECTS: THAT PORTION OF SAID LAND AS SHOWN ON THE MAP OF SAID TRACT. ORDER NO. 3910323-04962 5 4. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, 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, NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, SOURCE OF INCOME OR DISABILITY, TO THE EXTENT 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: DECEMBER 9, 1976 AS INSTRUMENT NO. 1976-411224, OF OFFICIAL RECORDS. A DOCUMENT DECLARING MODIFICATIONS THEREOF RECORDED FEBRUARY 23, 1977 AS INSTRUMENT NO. 1977-64347, OF OFFICIAL RECORDS. 5. AN EASEMENT FOR PURPOSES STATED AND INCIDENTAL RIGHTS. FOR: THE CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT OF A SEWER PIPELINES, MANHOLES, LATERALS, PUMP STATION, APPURTENANCES, THE RIGHT OF INGRESS, EGRESS FOR SUCH PURPOSES (TOGETHER WITH THE RIGHT TO CLEAR, KEEP CLEAR, SAID EASEMENT FROM TRESS, BUILDINGS, OTHER STRUCTURES) AND INCIDENTAL PURPOSES GRANTED TO: LEUCADIA COUNTY WATER DISTRICT, A POLITICAL SUBDIVISION RECORDED: FEBRUARY 2, 1977 AS INSTRUMENT NO. 1977-41112, OF OFFICIAL RECORDS. AFFECTS: AS MORE PARTICULARLY DESCRIBED THEREIN 6. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES. GRANTED TO: SAN DIEGO GAS AND ELECTRIC COMPANY, A CORPORTION RECORDED: DECEMBER 28, 1984 AS INSTRUMENT NO. 1984-483952, OF OFFICIAL RECORDS. AFFECTS: THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT DISCLOSED OF RECORD. 7. ANY CLAIM THAT ANY PORTION OF THE SOLAR SYSTEM IS PERSONAL PROPERTY RATHER THAN A FIXTURE CONSTITUTING A PART OF THE REAL PROPERTY COVERED BY THIS POLICY. 8. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS AND ANY OTHER AMOUNTS OR OBLIGATIONS SECURED THEREBY AMOUNT: $683,000.00 DATED: APRIL 2, 2014 TRUSTOR: RICHARD L. GUINN, AND JILL S. GUINN TRUSTEE: RECONTRUST, N.A. BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS") (SOLELY AS NOMINEE FOR LENDER) THE LENDER BEING BANK OF AMERICA, N.A. RECORDED: APRIL 4, 2014 AS INSTRUMENT NO. 2014-0134099, OF OFFICIAL RECORDS ORDER NO. 3910323-04962 6 A DOCUMENT RECORDED APRIL 18, 2022 AS INSTRUMENT NO. 2022-0167522, OF OFFICIAL RECORDS PURPORTS TO RECONVEY SAID DEED OF TRUST. THIS COMPANY WILL REQUIRE WRITTEN CONFIRMATION FROM THE BENEFICIARY THAT SAID DEED OF TRUST HAS BEEN PAID IN FULL. 9. 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. 10. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH WOULD BE DISCLOSED BY A CORRECT ALTA/NSPS SURVEY. 11. ANY DEFECTS, LIENS, ENCUMBRANCES OR OTHER MATTERS WHICH NAME PARTIES WITH THE SAME OR SIMILAR NAMES AS THE VESTEES. ORDER NO. 3910323-04962 7 REQUIREMENTS: 12. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE: A. THE RECEIPT AND REVIEW OF THE COMPLETED OWNER’S AFFIDAVIT SUBJECT TO FURTHER REQUIREMENTS OF THIS COMPANY. B. THIS TRANSACTION MAY BE SUBJECT TO A CONFIDENTIAL ORDER ISSUED PURSUANT TO THE BANK SECRECY ACT. THE POLICY ISSUING AGENT MUST BE PROVIDED WITH CERTAIN INFORMATION NECESSARY TO COMPLY WITH THE CONFIDENTIAL ORDER PRIOR TO THE CLOSING. THIS TRANSACTION WILL NOT BE INSURED AND THIS ISSUING AGENT AND/OR ITS UNDERWRITER WILL NOT BE INVOLVED IN THE CLOSING AND SETTLEMENT UNTIL THIS INFORMATION IS SUBMITTED, REVIEWED AND FOUND TO BE COMPLETE. C. THE NAME SEARCH NECESSARY TO ASCERTAIN THE EXISTENCE OF MATTERS REFERRED TO IN ITEM NO. 11 HAS NOT BEEN COMPLETED. IN ORDER TO COMPLETE THIS PRELIMINARY REPORT OR COMMITMENT, WE WILL REQUIRE A STATEMENT OF INFORMATION. IMPORTANT: PLEASE FORWARD THE STATEMENT OF INFORMATION TO US AS SOON AS POSSIBLE, BUT NO LATER THAN 10 WORKING DAYS BEFORE CLOSING. THIS WILL HELP TO AVOID ANY LAST MINUTE DELAYS WITH YOUR CLOSING AND RECORDING. ***END OF SCHEDULE B*** Statement of Information Equity Title Company maintains procedural safeguards that comply with federal standards to protect the confidentiality and security of non-public personal information. This statement will serve to establish identity, eliminate matters affecting persons of similar name, protect you against forgeries, and speed 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 - ESCROW NO. TITLE ORDER: 3910323-04962 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 FIRST FULL MIDDLE NAME LAST DRIVER'S LICENSE NUMBER DATE OF BIRTH BIRTHPLACE PREVIOUS NAME SPOUSE/DOMESTIC PARTNER BUSINESS PHONE CELL PHONE FAX 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 "NONE"): (CIRCLE ONE) NAME OF FORMER DECEASED DATE SPOUSE/DOMESTIC PARTNER DIVORCED WHERE (CIRCLE ONE) NAME OF FORMER DECEASED DATE SPOUSE/DOMESTIC PARTNER DIVORCED WHERE (ATTACH ADDITIONAL PAGE, IF NECESSARY) CHILDREN: NAME 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 Employment: NUMBER AND STREET CITY ZIP CODE FROM TO 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? □ YES □ NO 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: 7500 CADENCIA Street The undersigned declare, under penalty of perjury, that the foregoing is true and correct. Date: X (SIGNATURE) Date: X (SPOUSE/DOMESTIC PARTNER SIGNATURE) OWNER’S DECLARATION Owner’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 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: 3910323-04962 PROPERTY ADDRESS: 7500 CADENCIA Street , Carlsbad, CA 92009 ___________________________________ ___________________________________ Owners of Record Signature Owners of Record Signature ACKNOWLEDGMENT State of California County of _____________________________ On ______________________ before me, ________________________________________________, A Notary Public personally appeared _____________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Owners Affidavit: In connection with the property located at: 7500 CADENCIA Street Carlsbad, CA The undersigned Owner(s) (if more than one, each jointly and severally) (“OWNER”) of the above described Property, makes the following statements, declarations, representations and warranties to Equity Title Company (“Company”) and to Underwriter: Instructions: Please initial after reading each explanation below. If one does not apply, leave blank and provide further explanation where indicated. [ ___ ] 1. Owner warrants and represents that I/we is/are the owner of the property, that they have no pending court proceedings including but not limited to bankruptcies or unsatisfied judgment(s) of record, or in any court. No State of California, Federal, or any other tax liens filed or taxes assessed against them which may result in liens against the real property involved in this transaction, including notices, citations and violations imposed by the covenants, conditions and restrictions, bylaw and rules and regulations of any homeowners’ association. [ ___ ] 2. Owner represents that, in the last twelve (12) months, they have not contracted for, ordered, or agreed to the supplying of any labor, materials or construction-related services for construction for improvements on the Property, or for remodeling, renovation, repair or other maintenance or construction of any improvements located on said Property. [ ___ ] 3. Owner represents that they know of no claims, encroachments, rights, interests, easements, rights of way, liens, agreements, notices, options, contracts, HOA charges or fees, HOA liens, or other matters affecting the Property, whether verbal, written, unrecorded, or appearing in the public records. [ ___ ] 4. Owner represents that they have not leased, permitted or granted to any other person or entity, verbally, in writing or otherwise, any right to use, possess, occupy or inhabit the property or any part thereof for any purpose, and no other person has or claims any present right to use or possess the property, other than the following (If none, please state “none”): ______________________________________________________________________________________ [ ___ ] 5. Owner represents that there are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the property, or any parties currently in possession of the property except the following (If none, please state “none”): _______________________________________________________________________________________ [ ___ ] 6. Owner understands that Title Company and Underwriter will rely on the statements, declarations, representations and warranties herein to close the transaction of which this affidavit and report referenced herein are material parts, and to issue a policy or policies of title insurance on the Property, and Owner agrees to indemnify and hold Title Company and/or Underwriter harmless from and against any loss or damage either or both may sustain, including, but not limited, to reasonable attorney’s fees and all court costs should any of the statements, declarations, representations and warranties herein be incorrect. [____] 7. Owner represents that there are currently no new or existing loans or obligations for energy efficiency improvements affecting the Property. Such improvements include, but are not limited to, those made with the assistance of the State of California's HERO ("Home Energy Renovation Opportunity") or PACE ("Property Assessed Clean Energy") program. EXCEPTIONS: [ ___ ] I initialed all of the above statements and there are no exceptions to the best of my knowledge. [ ___ ] The only exceptions to the above statements are: Date: _______________________ _______________________ _________________________ (SIGNATURE) (SIGNATURE) 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://WWW.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: IF APPLICABLE, AND UNLESS OTHERWISE DIRECTED IN WRITING, Equity Title Company ISSUES THE ALTA HOME OWNER’S POLICY ON 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. EQUITY TITLE COMPANY 591 CAMINO DE LA REINA, SUITE 1105 SAN DIEGO, CA 92108 PHONE: (619) 574-5985 ATTENTION: YOUR NO.: 7500 CADENCIA STREET OUR NO.: 3910323-04962 DATE: JULY 24, 2023 AT 7:30 A.M. ANTHONY BRYANT AND ROGER REINHARD, TITLE OFFICER 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 CLTA ENDORSEMENT FORM 116 WILL REFERENCE A SINGLE FAMILY RESIDENCE KNOWN AS 7500 CADENCIA STREET, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 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. ORDER NO. 3910323-04962 Th i s p l a t i s f o r y o u r a i d i n l o c a t i n g y o u r l a n d w i t h r e f e r e n c e t o s t r e e t s a n d o t h e r p a r c e l s . W h i l e t h i s p l a t i s b e l i e v e d t o b e c o r r e c t , t h e c o m p a n y a s s um e s n o l i a b i l i t y f o r a n y l o s s o c c u r r i n g b y re a s o n o f r e l i a n c e t h e r e o n . ORDER NO. 3910323-04962 EQUITY TITLE COMPANY PRIVACY POLICY Rev. 5/10/2023 FACTS WHAT DOES EQUITY TITLE COMPANY DO WITH YOUR PERSONAL INFORMATION? Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. What? The types of personal information we collect and share depend on the product or service you have with us. This information can include:  Social Security number and account balances  Payment history and credit card or other debt  Checking account information and wire transfer instructions When you are no longer our customer, we continue to share your information as described in this notice. How? All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Equity Title Company chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does Equity Title Company share? Can you limit this sharing? For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes— to offer our products and services to you No We don’t share For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes— information about your transactions and experiences Yes No For our affiliates’ everyday business purposes— information about your creditworthiness No We don’t share For our affiliates to market to you No We don’t share For nonaffiliates to market to you No We don’t share Questions? Go to https://www.anywhere.re/privacypolicy [PAGE 1-2] Who we are Who is providing this notice? Equity Title Company What we do How does Equity Title Company protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. How does Equity Title Company collect my personal information? We collect your personal information, for example, when you  Apply for insurance or pay insurance premiums  Provide your mortgage information or show your driver’s license  Give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Why can’t I limit all sharing? Federal law gives you the right to limit only  Sharing for affiliates’ everyday business purposes—information about your creditworthiness  Affiliates from using your information to market to you  Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies.  Our affiliates include companies that are owned in whole or in part by Anywhere Real Estate Inc., such as Better Homes and Gardens® Real Estate, CENTURY 21®, Coldwell Banker®, Coldwell Banker Commercial®, The Corcoran Group®, ERA®, Sotheby's International Realty®, Anywhere Advisors LLC, Cartus, Anywhere Leads Inc. and Anywhere Integrated Services LLC. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies.  Equity Title Company does not share with nonaffiliates so they can market to you Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you.  Equity Title Company does not share with nonaffiliated financial companies for joint marketing purposes Other Important Information For European Union Customers Please see our Privacy Policy located at https://www.anywhere.re/privacypolicy For our California Customers Please see our notice about the California Consumer Protection Act located at https://www.anywhere.re/privacypolicy  [PAGE 2-2] 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. EXHIBIT B (Revised 11-09-2018) LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 (Revised 11/09/2018) 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 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 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 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 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 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 similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B PART 1 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 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) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material unless such lien is shown by the public records at Date of Policy. 2. CLTA HOMEOWNER’S POLICY OF TITLE INSURANCE 2013 / ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE 2013 (Revised 12/02/13) Covered Risks 16 (Subdivision Law Violation), 18 (Building Permit), 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS FROM COVERAGE 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 limit the coverage described in Covered Risk 8a, 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 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 appear in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they appear 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 creditor’s 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. 3. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12/02/13) 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, attorney’s 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; (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. 4. 2006 ALTA LOAN 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 environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 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 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 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: 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 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) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material unless such lien is shown by the Public Records at Date of Policy. 5. 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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: 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 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) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material unless such lien is shown by the Public Records at Date of Policy.