HomeMy WebLinkAboutMCUP 10-23; CA7411 NEXTEL LOKER AVE (T-MOBILE); Minor Conditional Use Permit (MCUP)«,
~ CITY OF
CARLSBAD
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Department
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits (FOR DEPT. USE ONLY) Legislative Permits {FOR DEPT. USE ONLY) 0 Administrative Permit D General Plan Amendment
0 Coastal Development Permit{"} OMinor 0 local Coastal Program Amendment(*)
IZl Conditional Use Permit {")
:MetJftot~ 0 Master Plan OAmendment E') Minor 0Extenslon
0 Environmental Impact Assessment D Specific Plan OAmendment
D Habitat Management Permit 0Minor D Zone Change (*)
0 Hillside Development Permit (*) 0 Zone Code Amendment
0 Planned Development Pennit
0 Residential 0 Non-Residential
0 Planned Industrial Permit List other applications nqt_§Pecifled
0 Planning Commission Determination □
0 Site Development Plan □
0 Special Use Permit □
D Tentative Tract Map {"} = eligible for 250/4 discount
0 Variance D Administrative
NOTE; A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS BE FILED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING
ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M.
ASSESSOR PARCEL NO(S).: 209-081-18 ---------------------------------PROJECT NAME: CA7411 Loker tzt.>Rl~l' tJQ?;..)!&v
BRIEF DESCRIPTION OF PROJECT: Renewal of Use Permit for 12 antennas and equipment ~ Mt>t,t FI c.N'f1 ON S
BRIEF LEGAL DESCRIPTION: Lot 18 of Tract No. 7 4-21 in the City of Carlbad
LOCATION OF PROJECT: 2765 Loker Ave West
--------------=s=rR=E=:ET=-AD=-:::-::D::-::R:::E:::S:-::S-------------
ONTHE:
BE1WEEN
P-1
west
{NORTH, SOUTH, EAST, WEST)
El Camino Real
(NAME OF STREET)
SIDE OF Loker Ave West
(NAME OF STREET)
AND
{NAME OF STREET}
Page i of5
OWNER NAME (Print): Realty Associates~III, LLC
MAILING ADDRESS: 2765 Loker Ave West
CITY, STATE, ZIP: Carlsbad CA 92008
TELEPHONE:
EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
-:)~
SIGNATURE DATE
APPLICANT NAME (Print): Sprint Nextel -~----------MA I UNG ADDRESS: 5761 Copley Drive
CITY, STATE, ZIP: San Diego, CA 92111
TELEPHONE: 858-650-4200 -------------EM A IL ADDRESS: glori.james@sprint.com
THAT I AM TH REPRESENTATIVE OF THE OWNER
AND CORRECT TO
APPLICANT'S REPRESENTATIVE (Print): Debra D Gardner, DePratti Inc _____ _..;. ________ -/--+-<~;1;....1-s..:;;;.:;;,.,....,,,,,...::...J.~..li....!..a...:::::::
MAILING ADDRESS: 13948 Calle Bueno Ganar
CITY, STATE, ZIP: Jamul CA 91935
TELEPHONE: 619-726-8110
EMAIL ADDRESS: ddgardner@cox.net
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
DATE
~ ~ t:p o,O ."" 0 ~ . .!Jtubh Cv:J-,(:_
(;v 1 h1. nJ J WVt'-J-1 O /c cJ,j ~ d A.
C~,
IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
PROPERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Page2 of5
RECEIVED
OCT O 6 2010
CITY OF CARLSBAD
DATf M~#f3d?1'~kECEIVED
RECEIVED BY:
Revised 01/10
(S~rsTitle·
DePratti, Inc.
Debra D GArdner
13948 Calle Bueno Ganar
Jamul, CA 91935
Your Reference No: CA7411 Loker
Lawyers Title Company
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Our File No: 12075384 -10
Title Officer: Chris Maziar
e-mail: unit10@ltic.com
Phone: (949) 724-3170
Fax: (949) 258-5740
Property Address: 2765 W Loker Ave, Carlsbad, California
PRELIMINARY REPORT
Dated as of July 23, 2010 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Lawyers 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 hereina~er set forth,
insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown
or referred to as an Exception below or not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said
Policy or Policies are set forth in Exhibit B attached. The policy to be issued may contain an
arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause,
all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar
Limit of Liability for certain coverages are also set forth in Exhibit B. Copies of the Policy forms should
be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit B of this report carefully, The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered. It is important to note that this
preliminary report is not a written representation as to the condition of title and may not
list al/ liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired
that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment
should be requested.
CLTA Preliminary Report (Revised 11-17-06)
Page 1
File No: 12075384
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
Preliminary Report Only
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE as to Parcel(s) 1;
AN EASEMENT more fully described below as to Parcel(s) 2 and 3
Title to said estate or interest at the date hereof is vested in:
• The Realty Associates Fund VIII, L,P., a Delaware limited partnership
The land referred to herein is situated in the County of San Diego, Stat~ of California, and is described
as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
.../ Page 2
File No: 12075384
EXHIBIT "A"
All that certain real property situated in the County of San Diego, State of
California, described as follows:
Parcel 1:
Lot 18 of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 10372, filed in the Office of the
County Recorder of San Diego County, April 13, 1982.
Parcel 2:
A non-exclusive easement for access, ingress and egress pursuant to Easement
Agreement recorded November 2, 1989 as File No. 89-599311, of Official
Records, over a portion of Lot 17 of Carlsbad Tract No. 74-21, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
10372, filed in the Office of the County Recorder of San Diego County, April 13,
1982 described as follows:
Beginning at the most Northerly corner of said Lot 17; thence along the
Northwesterly line thereof South 60° 17' 17" West 85.00 feet; thence South 29°
42' 43" East 17 .50 feet to a line parallel with and 17 .50 feet Southeasterly of
said Northwesterly line; thence along said parallel line North 60° 17' 17" East
85.00 feet to the Northeasterly line of said Lot 17, said line being also the
Southwesterly line of Loker Avenue; thence along the Northeasterly line of said
Lot 17 North 29° 42' 42" West 17.50 feet to the point of beginning.
Parcel 3:
A non-exclusive easement for access, ingress and egress pursuant to Easement
Agreement recorded July 28, 1997 as File No. 1997-0358332, of Official Records,
over a portion of Lot 19 of Carlsbad Tract No. 74-21, in the City of Carlsbad,
_ County of San Diego, State of California, according to Map thereof No. 10372,
filed in the Office of the County Recorder of San Diego County, April 13, 1982
described as follows:
Beginning at the Southeasterly corner of said Lot 19; thence along the
Southeasterly line thereof North 89° 51' 40" West 83.59 feet; thence North 60°
17' 17 East 72.50 feet to the property line of said Lot 19, said line being also the
Southwesterly line of Loker Avenue; thence along the Northeasterly line of said
Lot 19, South 29° 42' 43" East 41.61 feet to the point of beginning.
Assessor's Parcel Number 209-081-18
Page 3
File 1\-Jo: 12075384
SCHEDULE B -Section A
The following exceptions will appear in policies when providing standard coverage as outlined
below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could
be ascertained by an inspection of the Land or that may 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.
Page 4
File No: 12075384
SCHEDULE B -Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any .
assessments collected with taxes, to be levied for the fiscal year 2010 -2011 which are a lien
not yet payable.
B. A Special Tax as disclosed by a "Notice of Special Tax Lien" pursuant to Government Code
Section 53328.3 and Streets and Highways Code Se~tion 3114.5
Recorded:
District Name:
May 20, 1991 as File No. 1991-0236959 of Official Records
Community Facilities District No. 1
Said special tax may be collected with the property taxes.
C. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
D. The lien of any special assessment or tax resulting from the inclusion of the property in a
special assessment district or Mello-Roos Community Facilities District, which may exist by
virtue of assessment maps or notices filed and/or recorded by any such district. Assessments,
if any, arising from such assessment districts may be collected with the regular real property
taxes.
1. Water rights, claims or title to water, whether or not shown by the public records.
2. A declaration of covenants, conditions and restrictions which, among other things, may contain
or provide for easements; assessments, liens and the subordination thereof; said covenants,
conditions and restrictions provide that a violation thereof shall not defeat the lien of any
mortgage or deed of trust made in good faith and for value.
Recorded: October 11, 1985 as File No. 85-378668 of Official Records
NOTE: This exception omits any covenant, condition or restriction based on race, color,
religion, sex, handicap, familial status or national origin, unless and only to the extent that the
covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt
under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against
handicapped people.
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the
lien of any mortgage or deed of trust made in good faith and for value.
3. The matters contained in a document entitled "Easement Agreement" recorded November 2,
1989 as File No. 89-599311 of Official Records.
Reference is made to said document for full particulars.
Page 5
File No: 12075384
4. The matters contained in a document entitled "Easement Agreement" recorded July 28, 1997
as File No, 1997-0358332 of Official Records.
Reference is made to said document for full particulars.
5. A Notice of Restriction on Real Property by City of Carlsbad, recorded November 6, 1997 as File
No. 1997-0560882 of Official Records.
Reference is made to said document for full particulars.
6. A Notice Concerning Aircraft Environmental Impacts Case No. PIP 97-05 by City of Carlsbad et
al, recorded November 6, 1997 as File No. 1997-0560883 of Official Records.
Reference is made to said document for full particulars.
7. An easement for the
document
Granted to:
Purpose:
Recorded:
Affects:
purpose shown below and rights incidental thereto as set forth in a
San Diego Gas and Electric Company
ingress, egress and access to meters
December 11, 1998 as File No. 1998-0806082 of Official Records
said land more particularly described therein.
The exact location and/or extent of said easement is not disclosed in the public records.
8. A financing statement filed in the office of the County Recorder, showing:
Debtor:
Secured Party:
Recorded:
Property Covered:
The Realty Associates Fund VIII, L.P.
The Prudential Insurance Company of America
August 1.1, 2009 as Instrument No. 2009-0448857 of Official
Records
said land
9. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
• Dated:
Truster:
Trustee:
Beneficiary:
Recorded:
Loan No.:
$600,000.00
August 1, 2009
The Realty Associates Fund VIII, LP.
Chicago Title Company
The Prudential Insurance Company of America
August 12, 2009 as Instrument No. 2009-0450294 of Official
Records
706108037, 706108038, 706108039, 706108040
Page 6
File No: 12075384
10. A deed of trust to secure an indebtedness in the amount shown below, and any other
obligations secured thereby.
Amount:
Dated:
Truster:
Trustee:
Beneficiary:
Recorded:
Loan No.:
$600,000.00
August 1, 2009
The Realty Associates Fund VIII, L.P.
Chicago Title Company
The Prudential Insurance Company of America
August 12, 2009 as Instrument No. 2009-0450295 of Official
Records
706108037, 706108038, 706108039, 706108040
Said deed of trust recites that it is subordinate to the deed of trust recorded concurrently
therewith.
11. An assignment of all monies due or to become due as rental or otherwise from said land, to
secure payment of an indebtedness, shown below and upon the terms and conditions therein
Amount: $600,000.00
Assigned to: The Prudential Insurance Company of America
By: The Realty Associates Fund VIII, L.P.
Recorded: August 12, 2009 as Instrument No. 2009-0450296 of Official
Records
12. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
13. Any rights, interests or claims of the parties in possession of said land, including but not limited
• to those based on an unrecorded agreement, contract or lease.
This Company will require that a full copy of any unrecorded agreement, contract or lease be
submitted to us, together with all supplements, assignments and amendments, before any
policy of title insurance will be issued.
14. Any easements not disclosed by those public records which impart constructive notice and
which are not visible and apparent from an inspection of the surface of said land.
15. 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.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 7
File No: 12075384
REQUIREMENTS SECTION:
REQ NO, 1: The Company will require that it be provided with a full copy of the partnership
agreement of the partnership named below, together with all supplements or amendments thereto, before iss;uing any policy of title insurance.
Partnership: The Realty Associates Fund VIII, LP., a Delaware limited
partnership
Page 8
File No: 12075384
INFORMATIONAL NOTES SECTION
NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 2: This report is being issued at the request of the client and is not in response to a
request for title insurance. Therefore, all references to title insurance in the printed matter of this
report or attached hereto are hereby cancelled. All liability assumed hereby is strictly limited to the
amount of the fee paid by the client named herein. Any other parties using the information
contained herein do so at their own risk.
NOTE NO. 3: Property taxes, including general and special taxes, personal property taxes, if any,
and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration
purposes the amounts are:
Fiscal year
1st Installment:
2nd Installment:
Assessment No.:
Typist: nb0
Date Typed: August 5, 2010
2009 -2010
$97,591.75
$97,591.75
209-081-18
Page 9
•
Exhibit B (Revised 11-17-06)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
l. (a) Any law, ordinance or governmental regulation (including but n·ot limited to building or zoning laws, ordinances, or
regulations) restricting, r~gulating, prohibiting or relating (i) the occupancy, use1 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 ~minent domain unless notice of the exercise thereof has been recorded in the public records at Date of Polley, but not
excluding from coverage any taking which has occurred prior to Date of Policy. which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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 Polley, but known to the insured claimant and not
disclosed in writing to the Company by the insured claimant prior to the date the insured 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 valae 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, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the ,public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03)
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:
l. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws
and regulations concerning:
a, building
b. zoning
c. Land use
d. improvements on the Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in
the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
File No: 12075384
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This
Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25.
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 18.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 14:
Covered Risk 15:
Covered Risk 16:
Covered Risk 18:
Your Deductible Amount
1 % of Policy Amount or $2,500
(whichever is less)
1% of Policy Amount or $5,000
(whichever is less)
1% of Policy Amount or $5,000
(whichever is less)
1 % of Policy Amount or $2,500
(whichever is less)
Our Maximum Dollar
Limit of Liability
$10,000
$25,000
$25,000
$5,000
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning
ordinances and also laws and regulations concerning:
• land use
• improvements on the land
• land division
• environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless:
• a notice of exercising the right appears in the public records on the Policy Date
• the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
• that result in no loss to you
• that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered
Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically described and referred to in Item 3 of Schedule A
OR
• in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
File No: 12075384
character, dimensions or location of any improvement now or hereafter erected on the land; (ill) 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 a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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;
(<.:) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the
insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to
assessments for street improvements under construction or completed at Date of Policy); or
(e) resulting in loss or damage which. would not have been sustained If the Insured claimant had paid value for the insured
mortgage.
4. 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 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 statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over
the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and
commenced subsequent to Date of Policy and is not financed in -whole or in part by proceeds of the indebtedness secured by the
insured mortgage which at Date of Policy the insured has advanced or is obligated to advance.
7.Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;
or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable
subordination; or
(iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the
preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
('b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor,
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 General Exceptions:
EXCEPTIONS FROM COVERAGE
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 taxlng 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 suah proceedings, whether or not shown
by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of
the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5, (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records,
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs,
attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(Ii) the character, dimensions, or location of any improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion J:(a) does not modify or
limit the coverage provided under Covered Risk 5,
File No: 12075384
(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 11, 13, or 14); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction
creating the lien of the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between
Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk ll(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (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.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or
a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a
notice of 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 a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in
the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser
for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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 estate or
interest insured by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent
transfer; or
File No: 12075384
(ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the
preferential transfer results fr:om the failure:
(a) to timely record the instrument of transfer; or
(b) of such re.cordation to impart notice to a purchaser for value or a judgment or lien creditor.
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 Polley will also Include the following General Exceptions:
EXCEPTIONS FROM COVERAGE
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, which are not shown by the public records.
4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would
disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) water
rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
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 10); or
(e) resulting in loss or damage that would nothave been sustained If the Insured Claimant had. paid value for the Tltle.
4. Any claim, b,y reason of the operatioh 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 Publrc Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from
Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of:
1. (a) Taxes or assessments that are not sh~wn 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, pr 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,
File No: 12075384
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs,
attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or
regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the
character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or
a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that s
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. This exclusion does not limit the coverage
provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a
notice of a 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. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and
16 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of 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) 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, bljt 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 (this paragraph does not limit the coverage provided under Covered Risks 8,
16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured
Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the
inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in
which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced
by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or
truth in lending law.
6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.
This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications
made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest
covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of-Policy, and all interest
charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured
at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate
of Interest is greater as a result of the modification than it would have been before the modification. This exclusion does not
limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in
accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation
appears in the Public Records at Date of Policy.
j
~ ~rs Title· Lawyers Title Company
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
File No. 12075384
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations
Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a
notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please
be aware that the provision of this notice does not constitute a waiver of the
consumer's right to be charged the filed rate. As such, your transaction may
not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below
discounts with a Company representative. These discounts are generally
described below; consult the rate manual for a full description of the terms,
conditions and requirements for such discount. These discounts only apply to
transactions involving services rendered by the FNF Family of Companies.
This notice only applies to transactions involving property improved with a.
one-to-four family residential dwelling.
FNF Underwritten Title Company FNF Underwriter
CLTC -Commonwealth Land Title Company CLTIC -Commonwealth Land Title Insurance Co.
Available Discounts
FEE REDUCTION SETTLEMENT PROGRAM (CLTC .and CL TIC)
Eligible customers shall receive a $20.00 reduction in their title and/or
escrow fees charged by the Company for each eligible transaction in
accordance with the terms of the Final Judgments entered in The People of
the State of California.
DISASTER LOANS (CLTXC)
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.
EMPLOYEE RATE (CLTC and CLTIC)
No charge shall be made to employees (including employees .on approved
retirement) of the Company or its underwritten, subsidiary or affiliated 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.
CLTC Discount Notice Mod. 1/10/2010
CA Discount Notice Page 1 Effective Date: 9/3/2009
•
"Notice to Customers"
Lawyers Title Company
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Order No: 12075384
(Involves Residential Real Property in California ONLY)
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or
refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had
more than one qualifying transaction, you may be entitled to multiple discounts, however, the
maximum discount that can be given in this transaction shall be equal to $100 (5 x $20),
If your previous transaction involved the same property that is the subject of your current transaction,
you do not have to do anything; the Company will provide the discount, provided you are paying for
escrow or title services in this transaction.
If your previous transaction involved property different from the property that is subject of your
current transaction, you must -prior to the close of the current transaction -inform the Company of
the earlier transaction, provide the address of the property involved in the previous transaction, and
the date or approximate date that the escrow dosed to be eligible for the discount.
Unless you inform the Company if the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for
a discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you quality for a discount which is subject to other terms and conditions.
Name:
Address:
Telephone No:
"Notice to Customers"
Lawyers Title Company
4100 Newport Place Drive
Suite 120
Newport Beach, CA 92660
Phone: (949) 724-3170
Order No: 12075384
(Involves Residential Real Property in California ONLY)
You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or
refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had
more than one qualifying transaction, you may be entitled to multiple discounts, ho·wever, the
maximum discount that can be given in this transaction shall be equal to $100 (5 x $20).
If your previous transaction involved the same property that is the subject of your current transaction,
you do not have to do anything; the Company will provide the discount, provided you are paying for
escrow or title services in this transaction.
, If your previous transaction involved property different from the property that is subject of your
current transaction, you must -prior to the close of the current transaction -inform the Company of
the earlier transaction, provide the address of the property involved in the previous transaction, and
the date or approximate date that the escrow closed to be eligible for the discount.
Unless you inform the Company if the prior transaction on property that is not the subject of this
transaction, the Company has no obligation to conduct an investigation to determine if you qualify for
a discount. If you provide the Company information concerning a prior transaction, the Company is
required to determine if you quality for a discount which is subject to other terms and conditions.
Name:
Address:
Telephone No: ·------------------------------
09
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