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CDP 15-17A; 6125 PASEO DEL NORTE; Coastal Development Permit (CDP)
Ccityof Carlsbad 11 I 1,i·-- LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 . www.carlsbadca.gov ! APPLICATIONS~Jl:f>PUED-FOR:·-(tHECKBClXES) • ·-···-• ·---• •• --·· ·--·•·· -· -· ------·- ( Development Permits ~FOR DEPT, usE_ONL Y) . Legislative Permits i 0 Coastal Development Permit(*) D Minor Cl)f'[Cj l1A-0 General Plan Amendment ,1,□ Condltlonal Use Permit (*) ' 0 Minor D Extension D Local Coastal Program Amendment(*) D Day Care (Large) D ·Environmental Impact Assessment · 0 Habitat Management Permit • •□ Minor • D Master Plan D Specific Plan 0 Zone Change (*) □Amendment □Amendment 1--------1· , ';. D Hillslde Development Permit(*) 0 Minor 1---------1 D Zone Code Amendment D Nonconforming Constructlo~ ~ermit D Planned Development Permit O Minor D Residential D Non-Residential 0 Planning Commission Determination 0 Site Development Plan O Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Majot Subdivision) 0 Variance D Minor .South.car/sbad.Coastal Review.Area.Perm/ts D Review Permit 0 Administrative O Minor O Major Village Review Area Permits 0 Review Permit D Administrative O Minor O Major , (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION'iVIIJST BE SUBMITTED PRioifT0'4:00 f'.M;. ASSESSOR PARCEL NO(S).: 211-040-26 and 211-040-25 PROJECT NAME: Paseo Del Norte ------.-----------------------------.----BRIEF DESCRIPTION OF PROJECT: Amend CDP 15-17 to add parking on south side of site, rezone both parcels and amend General Plan lo reflect rezoning. BRIEF LEGAL DESCRIPTION: Parcels 5 and 6 of Parcel Map 6022 recorded June 8, 1977 as inst. no. 77-224223 . .. LOCATION OF PROJECT: 612q,paseo Del Norte ----.-----------S-T_R_E_E_T-·A_D_D_R_E_S_S _______ .,..,...~=---,......- ON THE: West (NORTH, SOUTH, EAST, WEST) • BETWEEN Poinsettia Lane (NAME OF STREET) P-1 SIDE OF ,Paseo Del_ Norte AND (NAME: OF STREET) Palomar Airport Road (NAME OF STREET) Page 1 of6 Revised 12/13 I, OWNER NAME i (Print): 6125 Pase_o DelNorte, LLC . APPLICANT NAME (Print): . BSD_~_uil_d~rs, In_<:,;__ ~ _.,, I MAILING ADDRESS: 6183 Paseo Del Norte, Ste 180 -~ ' ], MAILING ADDRESS: 8825 Rehc_o. Boad, Suite A -----I I CITY, STATE, ZIP: __ Carlsbad, c~ ~2011 ,. CITY, STATE, ZIP: :::san Diego~ CA 92121 . I: i l :[ TELEPHONE: _ 760494-9201_ TELEPHONE: ___ 8_58 __ -=65_7_-9__,1,...8_6 ________ -., Ill' I II ,________________________________ -. 1 ! EMAIL ADDRESS: 0 _§C0tt@§µrg~ry.Qnji.c_om EMAIL ADDRESS: jeff@b~dbuilders.com :i · _ 'i '. . 1•1-i------= ....... ____ ....__......,. ______________ t-_ ------------------------"41 i I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER 1: 1 INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY I AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT T0 ·1 1 KNOWLEDGE. THE BEST OF MY KNOWLEDGE. , l: S: ~ ~ . ~ ~ -=J-:J--=1-S ~ to -g..:t;:A (:/-Js.q. l,s , ' SIGNATURE • • ~ ~ -DATE ·sIGNATURE --&-~---DATE --• -• l - I ! II: I APPLICANT'S REPRESENTATIVE (Print): _ Hofman P.@o.n_iog_~_ Engineering (Bill Ho_f_man) :I MAILING ADDRESS: 3156 Lionshead Avenue, Suite 1 i ! : CITY, STATE, ZIP: ___ c_a __ rl __ sb_a_d_, c __ A_9 __ 2_01_0 _________________________________________________ ___ ; TELEPHONE: 760-692-4012 EMAIL ADDRESS: _b_h_Q{1J1an@hofm~ni:1_li;!_Dning.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECi"TOTHEi ·stoF MY KNOWLEDGE. •• ,-:~-L ·\_i /)_\ --.";·_ 7,,/6-1-o _ DATE 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. INVE 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 LAND AND BIND ANY SUCCESSORS IN INTEREST. ~~-~~~ PROPERTY OWN slNATlJRE FOR CITY USE ONLY P-1 Page 2 of6 AUG~-4 2015 CITY 0~ CARLSBAD PLANN!l',JG DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 12/13 ,, I Ccicyar Carlsbad DISCLOSURE STATEMENT P-1(A) pe~v.eJopment_Ser.,vices5 Planning Division- 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov • Applicant's stat~ment or disclosure of certain ownership interests -on air appiicatloi-is which-will require discretionary action on the part of the City Council or any appointed Board, Commission or Committ_ee .. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this ihformation is completed. Please print. ~Note: ·Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal ,organization, corporation, estate, tru~t. receiver, syndicate, in this and aoy other county, city and county,: Jcity municipal_ity, district or-other political subdivision or a,ny other group or combination acting _as a unit.a ; !Agents may sign this document; however, the legal name and entity of the applicant and property owner, \rn~~bftP(9vi<teg_~eJow. ___ _. . ______ . ____ . 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 ~he 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.) 'Pe"rson Jeff_ Blair (BSD Builders, Inc.) Corp/Part ________ --~-.----,- Title President Title ____________________ .... ___ _ Address 8825 Rehco Rd, Suite A, San Diego, CA 92121 Address ___ -------=-....,,...,,,.,-______ ___,..,..,... 2; OWN ER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of 8bb 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 Scott Leggett (6125 Paseo Del Norte, LLC)_ Title CEO Address 6183 Paseo Del Norte, Suite 180 Carlsbad, CA 92011 c0.rp/Part._._,,,_.....-=c=-~'--.......... --------- Title ____ ---'-'-'--------------- Address. ____________ =--___,.,..........,......,..~ Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZA TlpN OR TRUST - If .any p~rson identified pursuant to (1) or (2) aboveJs a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the_. Non Profivrrus!..,,,, ~--=--"""""'--=,_ ..,.,, ___ ....,.._,,,,,.,__ Non Profitrrrus.t.~-;.;;;;.;~~~;,;,;_ ;-__ .,.:~-=-_-;;;_~-~ Title ________ --· "-------Title_.,;.;;;--..;;.--.;;.;·--...;,·;;_-_,;;;;-a;;;;....,;--===--==---===a....... Address __ .................................. --=-'"--=----........ ...... Address ..... •-....;,·..;..·-------==--------- 4!., 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 (1-2) months? L _ J\'ves ]?{J No 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 b st of my knowledge .. s '-A/g ~ .._:tj;: Signature of owner/date ts ¾ _scotLLeggett Jeff Blair __ _____ _ ·'Print or type name of awrier Print or type name of applicant Sign__ _ _ .. __ .. _ .... Jif applicable/date '. ~·:. t .- . ____ i> -~ \ _l __ _ :~~ £ .. M_q_r\ -- Print or type name of owner/applicant's agent / P-1(A) Page 2of2 Revised 07/10 Ccityor Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: 6125 Paseo Del Norte APPLICANT NAME: BSD Builders Development Services • Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov ------------------,--------- 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: \ -I . This project proposes to amend CDP 15-17, which is seeking to.redevelop the existing site (APN 211-040-25) with 18,600 SF of medical office buildihg and related parking. This project proposes to construct 27 parking spaces on the flcl3t triangular area at the top df slope on parcel.211-040-26 which will serve the medical office use. There will be minor grade alterations in order to construct the parking lot. Simultaneously, the project proposes to rezone parcel 211-040-25 and the triangular portion of parcel 21 _1-040-26 from R-P to O and to rezone the remaining portion of parcel 211-040-26 from R-P to OS. In addition, it is proposed that the General Plan land use designations be amended to reflect the zoning. Parcel 211-040-25 would change from TR/b to 0, the flat triangular portion of parcel 211-040-26 would change from OS to 0, and the remaining portion of parcel 211-040-26 would remain OS. Please see map detailing changes. • The HMP Boundary will be altered to remove the triangular portion of parcel 211-040-26 which is currently vacanUundeveloped. The remaining portion of parcel 211-040-25 which includes riparian and wetland habitat will be included in the HMP Boundary and will be rezoned open space. The applicant will restore the habitat and an endowment will be set P-1(8) Page 1 of 1 Revised 07 /10 ' ' ' ' ' ' ' ' ' ' ' ' ' ' : ' ' PROPOSED ZONE CHANGE SCALE 1 "=80' OS _____ • -------+--------PASEe-0EbNefffE-------------------- , ' -;r?~,T ___________ l_ __ -,-_______ ------------r--r----------------------- ,, /,, / I ,· ,' • i I/ • fl/ ~I ! • , // I,' ,, f G~Q ~mo \ LEGEND= EXISTING ZONING//PROPOSED ZONING 0. OFFICE • OS OPEN SPACE C:-T COMMERCIAL TOURIST R-P RESIDENTIAL PROFESSIONAL P-C PLANNED COMMUNITY T-C TRANSPORTATION CORRIDOR R-P//OS 0 40 80 160 SCALE , .. -80' u I a.. 320 Ccicyof Carlsbad HAZARDOUS :WASTE AND SUBSTANCES STATEMENT P~1(C) Development Services 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 Co.de Section 65962.5, I have consulted the Hazardous Waste and Substances .. Sites List compiled by the California Environmental Protection Agency and hereby certify thaf( ct)eck one): '·· [jJ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!!! contained on the lists compiled pursuant' to Section 65962.5 of the State Government Code. APPLICANT Name: BSD Builders, Inc. Address: 8825 Rehco Road, Suite "A San Diego, CA. 92121 Phone Number: 8'58-657:.9186 Address of Site: 6125 Paseo Del Norte PROPERTY OWNER Name: 6125 Paseo Del Norte, LLC Add 6183 Paseo Del Norte, Ste 180 ress: _________ _ Carlsbad, CA92011 Phone N·umber: 760-494-9201 Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page,-and parcel number: 211-040-25 and 211-040-26 • Specify list(s):_~-------------------------- Regulatory Identification Number: _____________________ _ Property Owner Signature/Date The Hazardous Waste and Substances Sites list (Cortese List) is used by the State, local agencies and developers to comply with the California Env_ironmental Quality Act requirements in providing information about the location of hazardous materials release sites. • P-1(C) Page 1 of 2 Revised 02/13 . Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web.:based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. • Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www .calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-dieqo.ea.us/deh Hazardous Materials Division .· www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page2of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. Name of project: 6125 Paseo Del Norte 2. Name of developer or project sponsor: _B_S_D_B_u_ild_. _e_r_s_, _I n_c_. ---------- Address: 8825 Rehco Road, Suite A City, State, Zip Code: San Diego, CA 92121 Phone Number: 858-657-9186 3. Name of person to be contacted concerning this project: _B_i_ll_H_o_f_m_a_n _______ _ Address: 3156 Lionshead Avenue, Suite 1 ··City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-692-4012 4. Address of Project: 6125 Paseo Del Norte Assessor's Parcel Number: 211-040-25 and 211-040-26 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Coastal· Development Permit, General Plan Amendment, Zone Change 6. Existing General Plan Land Use Designation: TRIO (APN 211 .,040-25); O-S (APN 211 -040-25) 7. Existing zoning district: R-P (APN 211-040-25 and 211-040-26) E . t· 1 d • ( ) Warehouse and Parking (APN 211-040-25); VacanUUndeveloped (APN 211-040-26) 8. XIS mg an uses: _______________________ _ 9 P d • f ·t (P · ~ h" h h" ~ . fil d) Medical Office ani:l parking associated with CDP 15-17 . ropose use o sI e roJect .or w Ic t Is 1orm Is I e : ____________ _ Additional parking proposed on south side of site on triangular portion of APN 211-040-26. Remaining portion of site will be open space. Project Description 10_ Site size: 1.07 acres (APN 211-040-25) + 1.70 acres (APN 211-040-26) = 2.77 acres 11. Proposed Building square footage: _N_A __________________ _ 12: Number offloors of construction: _N_A __________________ _ 13. Amou~t of off-street parking provided: 27 additional spaces proposed; 63 spaces per CDP 15-17 14. Associated projects: _C_D_P_1_5_-_1_7 ___________ ____; _____ _ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ______________________ _ N/A 17. If .industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: -----~--- N/ A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: The project proposes to rezone parcel 211-040-25 and the flat lnangular portion al the top of slope of parcel 211-040-26 from R-P to OS and to rezone the remaining portion of parcel 26 from R-P to OS P-1(0) 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 □ 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. Change 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 alterati_on of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 1 0 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 (ele~tricity, oil, natural gas, etc_.). • □ 0 31. Relationship 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: _.._A:-'-'0"-"-"'u""''-'6""'£...;..r_•_Lf,_._,_...cl=--0_._1 _..1 __ _ S~n~ure: -~-7-~ __ /2_~-~--~~----- For: U P-1(0) Page 4 of 4 Revised 07/10 . PASEO DEL NORTE -_EIA FORM #31 This project proposes to amend CDP 15-17, which seeks· to redevelop the existing site (APN 211-040-25) with 18,600 SF of medical office building and related parking. In order to provide sufficient parking for the medical offices this project proposes to construct 27 parking spaces on the flat triangular area at the top of slope on parcel 211-040-26. Simultaneously, the project proposes to rezone parcel 211-040-25 and the triangular portion of parcel 211-040-26 from . R-P to OS and to rezone the remaining portion of parcel 211-040-26 from R-P to . . OS. In addition, it is proposed that the General Plan be amended to reflect the zoning. Parcel 211-040-25 would change from TRIO to 0, .the flat triangular portion of parcel 211-040-26 would change from OS to 0, and the remaining portion of parcel 211-040-26 would remain OS. See map detailing changes: #32 · The pre-project condition of the property is composed of undeveloped land on the southern, iower portion and an approximately 25-foot-high manufactured slope and graded bench on the northern portion. The upper triangular piece of flat property and the slope going down to the riparian area has no biological significance. Historically, this portion of the property was used as a dumping site for soils that were excavated from the property to the north. The soils are loosely compacted and presently are a source of silt going into Encina Creek after any heavy rains. The open space has been infiltrated by many non-native species including a significant number. of palms and other invasive species. Site photos are attached to this EIA. No structures are located onsite. The site vegetation and biological conditions are described in the Biological Resources Technical Report (included in application) dated July 2015 and was performed by Helix Environmental Planning. #33 The • properties surrounding the project site are developed with commercial/industrial to the north and south, Paseo Del Norte to the east, and Interstate 5 to the west. Photos are attached to this application and ·EIA. PASEO DEL NORTE Site Photos Page 1 of 5 PASEO DEL NORTE Site Photos IMAGE #1 Page 2 of 5 PASEO DEL NORTE Site Photos IMAGE #2 Page 3 of 5 PASEO DEL NORTE Site Photos IMAGE#3 Page 4 of 5 .. PASEO DEL NORTE Site Photos IMAGE#4 Page 5 of 5 Ccicyof Carlsbad TIME. LIMITS ON DISCRETIONARY PROJECTS. P-1 (E) PLEASE NOTE: • Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete: Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (7~~0-~ Applicant Signature: --~-r.-...,,__.,,,..,,,.~~--·--------------- Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorp orate Permanent Storm Water Best Management Practices (BMP's) into the project design per the City's Standard Urban Stormwater Management Plan (SUSMP). To view the SUSMP, refer to the Engineering Standards (Volume 4, Chapter 2). Initially this questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'Standard Stormwater Requirements' or be subject to additional criteria called 'Priority Development Project Requirements'. Many aspects of project site design are dependent upon the storm water standards applied to a project. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A separate completed and signed questionnaire must be submitted for each new development application submission. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. In addition to this questionnaire, you must also complete, sign and submit a Project Threat Assessment Form with construction permits for the project. Please start by completing Step 1 and follow the instructions. lNhen completed, sign the form at the end and submit this with your application to the city. STEP1 TO BE COMPLETED FOR ALL PROJECTS .. To determine if your project is a priority development project, please answer the following questions: YES NO 1. Is your project LIMITED TO constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: (1) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non-erodible permeable areas; OR (2) designed and constructed to be hydraulically disconnected from X paved streets or roads; OR (3) designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Is your project LIMITED TO retrofitting or redeveloping existing paved alleys, streets, or roads that are X designed and constructed in accordance with the USEPA Green Streets guidance? If you answered "yes" to one or more of the above questions, then your project is NOT a priority development project and therefore is NOT subject to the storm water criteria required for priority development projects. Go to step 4, mark the last box stating "my project does not meet PDP requirements" and complete applicant information. If you answered "no" to both questions, then go to Step 2. E-34 Page 1 of 3 Effective 6/27/13 City of ~lsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Farada y Avenue 760-602-2750 www.carlsbadca .gov STEP 2 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a priority development project, please answer the following questions: YES 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces coll ectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. Is your project creating or replaci ng 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumotion. 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot. A parking lot is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of 200 feet or Jess from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminales with flows from adjacent lands).* 8. Is your project a new development that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles oer dav. 1 O. ls your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction? 11 Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? NO X X X X X X X X X X X If you answered "yes" to one or more of the above questions, you ARE a priority development project and are therefore su bject to implementing structural Best Management Practices (BM P's) in addition to implementing Standard Storm Water Requirements such as source control and low impact development BMP's. A Storm Water Management Plan (SWM P) must be submitted with your application(s) for development. Go to step 3 for redevelopment projects. For new projects, go to step 4 at the end of this questionnaire, check the "my project meets PDP requirements" box and complete applicant information. If you answered "no" to all of the above questions, you ARE NOT a priority development project and are therefore subject to implementing only Standard Storm Water Requirements such as source control and low impact development BMP's required for all development projects. A Storm Water Management Plan (SWMP) is not re quired with your application(s) for development. Go to step 4 at the end of this questionnaire, check th e "my project does not meet PDP requirements" box and complete applicant information. E-34 Page 2 of 3 Effective 6/27/13 City of ----..lsbad STORM WATER STANDARDS QUESTIONNAIRE E-34 STEP3 Development Services Land Development Engineering 1635 Faraday Avenue 760-602-2750 www.carlsbadca.gov TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPEMENT PROJECTS ONLY Complete the questions below reQardinQ your redevelopment project: YES Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than I I 50% of the surface area of the previously existinQ development? If you answered "yes," the structural BM P's required for Priority Development Projects apply only to the creation or replacement of impervious surface and not the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. NO If you answered "no," the structural BMP's required for Priority Development Projects apply to the entire development. Go to step 4, check the "my project meets PDP requirements" box and complete applicant information. STEP, CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project meets PRIORITY DEVELOPMENT PROJECT (PDP) re quirements and must comply with additional stormwater criteria per the SUSMP and I understand I must prepare a Storm Water Management Plan for submittal at time of application. I understand flow control (hydromodification) requirements may apply to my project. Refer to SUSMP for details. ~ My project does not meet PDP requirements and must only comply with STANDARD STORMWATER REQUIREMENTS per the SUSMP. As part of these requirements, I will incorporate low impact development strategies throughout my project. Applicant Information and Signature Box Address: 6125 Paseo Del Norte Accessor's Parcel Number(s): 211-040-25 & 211-040-26 Applicant Name: Bill Hofman Applicant Title: President Applicant Signature;{ Date: This Box for City Use Only City Concurrence: I YES I NO I I By: Date: Project ID: * Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board 0fVater Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their quivalent under the Multi Species Conservation Program within the Cities and County of San Diego; and any other equivalent environmentally sensitive areas which have been identified by the Copermittees. E-34 Page 3 of 3 Effective 6/27/13 ~ Chicago Title COmpany 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 ORDER NO.: 12205932-993-SD2 BSD Buildings Inc. 8825 Rehco Rd., Suite k San Diego, CA 92121 ATTN: JeffBlair Email: jeff@bsdbuilders.com Ref: Issuing Policies of Chicago Title Insurance Company Escrow/Customer Phone: (619) 521-3500 Title Officer: Tom Votel & Ken Cyr Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: Cyr-Votel@cttcom PROPERTY: 6125 PASEO DEL NORTE, CARLSBAD, CA FIRST AMENDED PRELThUNARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set -forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title h1surance which establish a Deductible Amount and a Mqximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. - This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By:--~----- Autl1orized Signature CLT A Preliminary Report Form -Modified ( 11/17 /06) By: Allest Page I -@Chicago Title c.impany 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: July 24, 2015 at 7:30 a.m. ORDER NO.: 12205932-993-SD2 The form of policy or policies of title insurance contemplated by tlris report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: 6125 PASEO DEL NORTE, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11/17/06) Page2 PRELIMJNARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 12205932-993-SD2 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY Of CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS 5 AND 6 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN AT PAGE 6022 OF PARCEL MAPS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1977. APN: 211-040-25 & 26 CLTA Preliminary Report Form -Modified (11/17/06) Page3 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 12205932-993-SD2 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIO~S TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. The ownership of said Land does not include rights of access to or from tl1e street, highway, or freeway abutting said Land, such rights having been relinquished by tl1e document, Recording Date: May 31, 1966 Recording No: Affects: 89678 of Official Records Along the soutl1westerly portion of said land adjacent to freeway 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: the City of Carlsbad drainage June 6, 1972 143227 A portion of the Land described herein 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on tl1e map of said tract/plat; Purpose: Affects: 15' water easement and 55' drainage easement as shown: on said map 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric Company public utilities, ingress, egress August 30, 1977 77-3 5 5979 of Official Records A portion of the Land described herein. 5. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: Affects Parcel 5 $2,975,000.00 December 12, 2012 6125 Paseo Del Norte LLC, a California limited liability company Neuse Incorporated First-Citizens Bank & Trust Company Not shown December 14, 2012 2012-0789397 of Official Records 6. Water rights, claims or title to water, whether or not disclosed by the public records. CL TA Preliminary Report Form -Modified ( 11/17 /06) Page4 .. ., PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 12205932-993-SD2 7. Matters which may be disclosed by an inspection and/or by a correct ALT N ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession tl1ereof. 8. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting tlris item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form-Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 12205932-993-SD2 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: 6125 Paseo del Norte, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications . thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing tl1e closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page6 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 12205932-993-SD2 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd .Installment: Exemption: Code Area: 211-040-25-00 2014-2015 $4,702.18 paid $4,702.18paid None 09013 Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 211-040-26-00 2014-2015 $362.85 paid $362.85 paid .None 09013 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLT A Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 6125 Paseo Del Norte, located'within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or tl1e insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Tom Votel & Ken Cyr/gp CL TA Preliminary Report Form -Modified ( 11/17 /06) Page7 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. 111is Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied rela~onship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic infonnation and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). TI1is Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists; generic information or . Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other tlungs (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and otl1er government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. • In tl1e course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions witl1 or services performed by us, our affiliates, or others; and • From consun1er or other reporting agencies and public records maintained by governmental entities that we either obtain directly • from those entities, or from our affiliates or otl1ers. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data tliat is sent to your Internet browser from a web server and stored on your computer's liard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other tl1ird parties may use cookies to identify and keep track of, among other things, tl10se areas of the Website and third party websites that you have visited in tl1e past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing tl1e settings of your Internet browser, but some functionality of tl1e Website may be impaired or not function as intended. See tl1e Third Party Opt Out section below. Privacy Notice Effective: May 1, 2015 Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only linuted information fuat includes a cookie number; time and date of a page view; and a description of tl1e page on which fue Web Beacon resides. We may also carry Web Beacons placed by tl1ird party advertisers. TI1ese Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated wifu tl1e Website. See tl1e 111ird Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use tlus information to gafuer aggregate demographic information about our visitors, and we may use it to personalize tl1e information you see on tl1e Website and some of tl1e electronic communications you receive from us. We keep this information for our internal use, and tlus inforniation is not shared witl1 ofuers. Third Party Opt Out. Although we do not presently, in tl1e future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit fue Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to fue Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or tlurd party Web Beacon to collect this information, ·as furtl1er described above. Tirrough fuese technologies, fue fuird party may have access to and use non-personalized information about your online usage activity. You can opt-out of certain online behavioral services tlrrough any one of the ways described below. After you ·opt-out, you may continue to receive advertisements, but tl10se advertisements will no longer be as relevant to you. • You can opt-out via tl1e Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. • You can opt-out via tl1e Consumer Choice Page at http://www.aboutads.info. • For fuose in tl1e U.K., you can opt-out via.fue IAB UK's industry opt-out at http://www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies, More information can be found in fue Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will n~ed to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers ( collectively, "111ird Parties'')' who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services tliat we perform for you or for Third Parties. • To communicate wifu you and to inform you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, wifuout obtaining your prior authorization. Such laws do not allow consumers to restrict tl1ese disclosures. Disclosures may include, without linutation, fue following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be detennined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we 1night also disclose information when required by law or in tl1e good-faith belieftl1at such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce tlris Privacy Notice; (3) respond to claims iliat any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of tllird parties; or ( 4) protect tl1e rights, property or . personal safety of FNF, its users or ilie public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and oilier businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require iliat iliese parties agree to process such information in compliance witl1 our Privacy Notice or in a ~inlilar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use otl1er appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to iliat party's own Privacy Notice. We do not, however, disclose infonnation we collect from consumer or credit reporting agencies witl1 our affiliates or others wiiliout your consent, in confonnity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve tl1e right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect tl1e security or integrity of the Website, and protect ilie rights, property, or personal safety ofFNF, our users or oiliers. We reserve the right to transfer your Personal Information, as well as any other information, in connection wifu the sale or other disposition of all or part oftl1e FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information fuat we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment . for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any tllird parties or for any actions of any tl1ird parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person fuat we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under fue age of tllirteen (13). You affirm that you are either more tl1an 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into tl1e terms, conditions, obligations, affirmations, representations, and warranties set forth in tl1is Privacy Notice Effective: May 1, 2015 Privacy Notice, and to abide by and comply with tllis Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or fue like may be used by oilier· parties to generate unsolicited communications. FNF encourages all parents to instruct their children in tl1e safe and responsible use of their Personal Information wllile using tl1e Internet. Privacy Outside the Website Tue Website may contain various links to other websites, including l~s to various tllird party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Oilier than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or ·you voluntarily elect to utilize, we do not share any of the Personal Information fuat you provide to us witl1 any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other tllird parties. Please check witl1 tl1ose websites in order to detennine tl1eir privacy policies and your rights under tl1em. European Union Users If you are a citizen of tl1e European Union, please note that we may transfer your Personal Information outside the European Union for use for any of tl1e purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance wiili tlris Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. • You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with tl1e purpose(s) for which it was originally collected or for which you subsequently gave autl1orization by notifying us by one of the mefuods at tl1e end of this Privacy Notice. Furfuermore, even where your Personal Information is to be disclosed and used in accordance with the sta_ted purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent iliat provision of your Personal Information is required to_ apply for an open position . If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes tliat are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That lnfonnation Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of fuat information in our records, please contact us in tl1e manner specified at ilie end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by . applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about tl1e customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include tl1e categories of customer information and the names and addresses of those businesses with which we shared customer information for the inlmediately prior calendar year (e.g., requests made in 2015 will receive infonnation regarding 2014 sharing activities). To ·obtain this information on behalf of FNF, please send an email message to privacy@.fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirelllents and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Infonnation from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is tliat we do not recognize "do not track" requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as tl1e Customer CareNet ("CCN''), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of tliat mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the infomiation which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • UserName • Password • Loan Number • Social Security Number -masked upon entry • Email Address • Three Security Questions and Answers • 1P Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May 1, 2015 CCN does not share consumer information with third parties, other tl1an those witl1 which the mortgage loan servicer has contracted to interface with the CCN application. All sections of tl1e FNF Privacy Notice apply to your interaction with CCN, except for tl1e sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding tl1e choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either expres~ or implied, unless such warranties are legally_ incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that tl1e web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, tinie bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection l!lld use of information by us as 1>pecified above qr as we otherwise see fit, in compliance with tllis Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change tllis Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged tl1e field rate. As such, your transaction may not qualify for tl1e below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These ~iscounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in tl1e title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner ofrecord, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on tl1e type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection witl1 financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (04-08-14) EXCLUSIONS FROM COVERAGE Tue following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded .by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of emil].ent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of • l. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Un patented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; ( c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or ( c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMlNARY REPORT FORr tachment One (Revised 06-05-14) c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title: 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited 9n the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and_ Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: ~overed Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to • (i) tl1e occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not niodify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse clain1s, or other matters (a) created, suffered, assumed, or agreed to by tl1e 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 tl1e Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; © California Land Title Association. All rights reserved. _ The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FOl \ttachment One (Revised 06-05-14) ( 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 l 3(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental autl1ority and created or attaching between Date of Policy and tl1e date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit tl1e coverage provided wider Covered Risk 11 (b ). The above policy fom1 may be issued to afford eitl1er Standard Coverage or Extended Coverage. In addition to tl1e above Exclusions from Coverage, tl1e Exceptions from Coverage in a Standard Coverage policy will also include tl1e following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, 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: PART I The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Cover@ge, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tliat may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by tl1e Public Records but tliat could be ascertained by an inspection of tl1e Land or that niay be asserted by persons in possession of the Land. • 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting tl1e Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts autl1orizing tl1e issuance thereof; (c) water rights; claims or title to water, whetl1er or not the matters excepted under (a), (b), or (c) are shown by tl1e Public Records. 6. Any lien or right to a lien for services, labor or material not shown by tl1e Public Records. PART II In addition to the matters set forth in Part I oftl1is Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event tliat they are not subordinate to the lien of the lnsllf!!d Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from tl1e 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, dinlensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or tl1e effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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 t9 tl1e Company by the Insured Claimant prior to the date tl1e Insured Claimant became an Insured under tllis policy; ( c) resulting in no loss or daniage to the Insured Claimant; ( d) attaclling or created subsequent to Date of Polity (however; this does not modify or linlit the coverage provided under Covered Risk 9 and 10); or (e). resulting in loss or damage tliat would not have been sustained iftl1e Insured Claimant had paid value for the Title. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FOR! ttachment One (Revised 06-05-14) 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 tlris 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 tl1e date of recording of the deed or otl1er instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford eitller 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 tl1e 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 ~ • The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, tl1e Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by tl1e records of any taxing autl1ority tliat levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tliat may result in taxes or assessments, or notices of such proceedings, whetller or not shown by tl1e records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in tl1e Public Records but that could be ascertained by an inspection of tl1e Land or tliat may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting .tl1e Title that would be disclosed by an accurate and complete land survey of tl1e Land and tliat are not shown by tlle Public Records. 5. (a) Un patented 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 tlle Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable· exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from tl1e coverage of tlris policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to . (i) tlle occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any in1provement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of tl1ese laws, ordinances, or governmental regulations .. This Exclusion l(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 l(b) does not modify or limit tl1e 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 tlle Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to tl1e Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under tlris policy; ( c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, tlris does not modify or limit the coverage provided under Covered Risk II, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or ( e) resulting in loss or damage tliat would not have been sustained iffue Insured Claimant had paid value for fue Insured Mortgage. 4. Unenforceability offue lien of the Insured Mortgage because offue inability or failure of an Insured to comply witll applicable doing- business laws of the state where fue Land is situated. 5. In validity or unenforceability in whole or in part of the lien of tlle Insured Mortgage tliat arises out of the transaction evidenced by fue Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. Tlris Exclusion does not modify or linrit tl1e coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability_or lack of priority offue lien oftl1e Insured Mortgage as to Advances or modifications made after the Insured has Knowledge tliat the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. Tlus Exclusion does not modify or linrit fue coverage provided in Covered Risk 11. 7. Any lien on fue 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 linut tl1e coverage provided in Covered Risk l l(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. Tlus Exclusion does not modify or limit tlle coverage provided in Covered Risk 5 or 6. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMJNARY REPORT FOi . ~ttachment One (Revised 06-05-14) 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 hlsured 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 09 @ \. 9 '.'oz """ \ \ ·o. \ •• 111S"""ffl-lCll,ssts9,ECfrvro;EJ;()U, IOl\lalll"~ ~ K.11 TIE ,aJMCt Cf PIE OOl &fJ'ftl ~'S MUL5 IM.\' Nff t'(Ml.r WITH IJDL smtGUf CR: lllDHi a:tmrWaS. SAIi DIEGIJ COlnlll' UUS:SOl':S qar H Zit ,_a o, @ SHT I """""° @ SHT I leOPENSPN:% ~CONSERVATION EASEUEm 4.~-'10 40.35 I>,, p--<1)(1 83.28 c.Ra= M.06 D. N8J'so'M'E 10,.17 !. 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"' -·,. - MAP 823 -RHO AGUA HEDIIJIDA -POR LOT H SEC 20 -Tl2S-R4W -PO~ LOT 3 ROS 9354 , 13466 -,, ~Chicago Title Company 4041 MacArthur, Suite 400, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00041518-987-OCl Chicago Title Company 4041 MacArthur, Suite 400 Newport Beach, CA 92660 ATTN: OAC/PayoffOC Commercial Email: Escrow/Customer Phone: (949) 724-3117 Title Officer: Susie George Title Officer Phone: (949) 724-3117 Title Officer Fax: (949) 258-5237 Title Officer Email: susie.george@ctt.com PROPERTY: 3806 GARFIELD STREET, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it . is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the 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 also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of tliis report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms oftl,e 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 al/ liens, defects and encumbrances affecting title to the land. -Chicago Title Company < By:--~----- Authorized Signature CLTA Preliminary Report Form -Modified (11/17/06) By; Altest Randy Quirk. P1esldont /4-- Page 1 ~Chicago Title Company 4041 MacArthur, Suite 400, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 PRELIMINARY REPORT EFFECTIVE DATE: July 16, 2015 at 7:30 a.m. ORDER NO.: 00041518-987-OCl The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Loan Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: RREG Investments Series, LLC Series 1019, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CL TA Preliminary Report Form -Modified (11/17/06) Page2 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00041518-987-OCl THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 IN BLOCK "M" OF PALISADES IN THE CITY OF CARLSBAD, COUNTY OF DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 5, 1923. APN: 204-270-04-00 CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 00041518-987-OCl AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2015-2016. 2. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. 3. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 4. Water rights, claims or title to water, whether or not disclosed by the public records. 5. All easements, offers and dedications as shown on the official map Tract of: 1747 6. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 7. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( 11/17 /06) Page4 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00041518-987-OCl 1. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: RREG Investments Series, LLC Series 1019 a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 3. The Company will require an affidavit signed by the seller/mortgagor certifying that there are no matters that could give rise to any defects, liens, encumbrances, adverse claims or other matters that would attach to the Land between the effective date of the report and the recording of the instruments creating the estate to be insured. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) Page5 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00041518-987-OCI 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 204-270-04-00 2014-2015 $288.81 $288.81 None 09000 2. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Grantee: Recording Date: Recording No: Wray A. Miller, as Trustee of The King Family Qualified Election Trust dated July 8,1994 as to an undivided 50% interest and William Bowden as Trustee of The Mary H. King Living Trust (Survivor's Trust) dated July 8,1994 as to an undivided 50% interest, as Tenants in Common RREG Investments Series, LLC Series 1019, a Delaware limited liability company May 11, 2015 2015-0113007, of Official Records 3. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 4. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Single Family Residential properties, known as 3806 Garfield Street, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 5. Note: Please contact your Title Officer to. obtain the current recording fees. Chicago Title Company will pay Chicago Title Insurance Company 12% of the title premium, as disclosed on lines 1107 and 1108 of the HUD-1. 6. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Susie George/ks3 CLTA Preliminary Report Form -Modified (11/17/06) Page6 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Information will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation, between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected The types of personal information FNF collects may include, among other things (collectively, "Personal Information"): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), .driver's license, passport, and other government ID numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re-sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Privacy Notice Effective: May 1, 2015 Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at http://www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry opt-out at http://www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers (collectively, "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to inform you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disdosures may include, without limitation, the following: • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perform marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (I) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the ,public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety ofFNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice Effective: May I, 2015 Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice.· Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices; FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • User Name • Password • Loan Number • Social Security Number -masked upon entry • Email Address • Three Security Questions and Answers • IP Address The information you submit is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May I, 2015 CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available" for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the • re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 Attachment One (Revised 06~05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 (04-08-14) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good _standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. . 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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; © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) ( 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, i_s (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 ofrecording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, 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: PARTI The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(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 1 0); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) 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: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (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, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(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 l(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 1 l(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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. . CLTA PRELIMINARY REPORT FORM, Attachment One (Revised 06-05-14) 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. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. -I ;; iii' 3 QI 'C "' ;; g C: CJ" n> C: Ii o' -, ! ::I lil 'C ~- 0 "' n> "' 0 ::I ~ 2 "'0 C: = C"CII 0.C" s:~ !!!.< giii 0C11 ~~ E3 §;~ ;:J IC o' 0-, -, .... a.;; 5"nl CIIQJ ::in nn n> C: !" al ~ 0 ...., .... ;; n> a. ., !il' ~ 0 ~ ? j @ iii 3 ., < ::I 0 .... 8 3 'C '< ~ ;:;: ;; 0 [ 09 SAN DIEGO COUNTY ASSES':.ORS MAP BOOK 204 PAGE 27 SHl I OF 2 ~ SHT I ~ u 0 _J ~ w I ~:-0 ~ ® a LOT18_ " L0Tl9 5 Q ~-: 0 ~:-G) @ ~ ~ Q 1-"..:.!·:PO~Rl:.::9_----t-_6 __ 1 1.iJ a: ' 47 41 47 N..H•n·w CARFIELD I ~ @ 10 47 "f7 N,J4•3J'W ST. ~ ... 204-27 ~ SHT. I OF 2 EB 1:100· . lot. 80 CHANGES BLK OLD NEW !'I' CUT 2'10 JO t.7l4e b2 2,7 ~ -r;;"o a'34m 44 49 9'7 l'!I 43 r,;~ ,24&:fl!: 47 (r,N/)/1/ 93 621 c.c. 39 ~ 03 5526 49 COOJ 071~ 1'CONDO HEMLOCK CARLSBAD HOMEOWNERS ASSOC SOUlH COC92-312044 eI, SHT. I (SEESHT2) 2'CONDO VIL!A PACIFICA DOCS92-534325 & 06-064241 (SEESHT2) ~p 11600-CARLSBAD TCT 83-39 (CONDO) MAP 3613-PACIFIC TERRACE MAP 1747-PALISADES-POR BLK M ROS 18815 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 00041518-987-OC 1-SG4 for full legal description (the "Land"). Declarant is the _____________ of ________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 00041518-987-OC1-SG4 for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________________ upon the Land in the approximate total sum of $ ____ _, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ________________________________ ,. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affec.ting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ____________ _ MISC0220.doc-Owner's Declaration (Rev. 05/05/15) STATEMENT OF INFORMATION CONFIDENTIAL INFORMATION STATEMENT TO BE USED IN CONNECTION WITII ORDER NO: 00041518-987-SG4 COMPLETION OF THIS FORM WILL EXPEDITE YOUR ORDER AND WILL HELP PROTECT YOU THE STREET ADDRESS of the property in this transaction is: IF NONE LEA VE BLANK ,nnot::SS: CITY: IMPROVEMENTS: D SINGLE RESIDENCE D MULTIPLE RESIDENCE D COMMERCIAL OCCUPIED BY: DOWNER □LESSEE □TENANTS ANY PORTION OF NEW LOAN FUNDS TO BE U<:Fn FOR CONSTRUCTION: DYES □NO NAME SPOUSES NAME FIRST MIDDLE LAST FIRST MIDDLE BIRTHPLACE BIRTH DATE BIRTHPLACE LAST BIRTH DATE I HA VE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER I HA VE LIVED IN CALIFORNIA SINCE SOCIAL SECURITY NUMBER DRIVER'S LICENSE NO. DRIVER'S LICENSE NO. WIFE'S MAIDEN NAME: WE WERE MARRIED ON AT RESIDENCE(S) FOR LAST 10 YEARS NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO NUMBER AND STREET CITY FROM TO OCCUP ATION(S) FOR LAST 10 YEARS HUSBAND PRESENT OCCUPATION FIRM NAME ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO.OF YEARS WIFE PRESENT OCCUPATION FIRM NAME ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO.OF YEARS PRIOR OCCUPATION FIRM NAME ADDRESS NO.OF YEARS FORMER MARRIAGES: IF NO FORMER MARRIAGES, WRITE "NONE": NAME OF FORMER SPOUSE IF DECEASED: DATE WHERE CURRENT LOAN ON PROPERTY PAYMENTS ARE BEING MADE TO: 2, I. 3. HOMEOWNERS ASSOCIATION NUMBER: DATE ________ SIGNATURE HOME PHONE ________________ BUSINESSPHONE MJSC000S (Rev. 09/15/2011) .. -@<<Company Name>> <<Title Branch Addressl>>, <<Title Branch Address2>>, <<Title Branch Location>> Phone: <<Title Branch Phone>> • Fax: <<Title Branch Fax>> Owner's Information Statement Order No. <<File #>>-<<Escrow Branch #>>-<<Internal Title Officer Initials>> This Affidavit, when fully completed, is to be signed and notarized, then returned to Chicago Title Company to enable Chicago Title Company to insure the presently pending transaction. AFFIDAVIT The undersigned owner hereby states that there are no unrecorded leases or agreements affecting the property described in the Preliminary Report for Title Order Number 00041518-987-SG4 and that there is no one in possession or entitled to possession of said property other than the vestee shown in said Preliminary Report, except: The undersigned owner states that to his/her knowledge, there are no liens or rights to liens upon said property for labor, services and materials for work contracted for, and completed by, an owner, lessee, sub-lessee or tenant within the last year or which is now in progress, except: This statement is made in connection with the request to Chicago Title Company to issue its policy(ies) of title insurance with respect to Title Order Number 0004 l 518-987-SG4. Dated: ------------- AFFD0002 By:--------------------- By: -------------------- By:------------------- By: -------------------- Address: ____________________ _