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Home My WebLink AboutAV 09-01; ROCKLEDGE MODEL HOME; Administrative Variance (AV).... • ~~ . ': .,_,.._,, = CITY OF CARLSBAD • ~ LAND USE REVIEW APPLICATION 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) (FOR DEPT. USE ONLY) D Environmental Impact Assessment ~ Administrative Permit D Coastal Development Permit ( d) D Minor D Conditional Use Permit (d) D Minor D Extension □ Condominium Permit □ Habitat Management Permit D Minor □ Hillside Development Permit (d) □ Planned Development Permit D Non-Residential □ Planned Industrial Permit □ Planning Commission Determination □ Site Development Plan □ Special Use Permit □ Tentative Tract Map 2) ASSESSOR PARCEL NO(S).: D Variance D Administrative ~v oq-o I Legislative D General Plan Amendment D Zone Change ( d) D Local Coastal Program Amendment i---------1 (d) i-------1 1--------1 1--------1 1-------1 D Zone Code Amendment D Master Plan D Amendment D Specific Plan D Amendment List other applications not specified □ □ □ □ 3) PRoJEcTNAME: ROt~L-12n~e. kf bA eesr=/'. sAkS PbA:N 2, WLDP6L 4) BRIEF DESCRIPTION OF PROJECT: lMEtAL DPBN ~DU(\, IN ~§:rg._ YKKD DE s \ N f?l w f1'SJY\\L-'f :H:b't\A, ~ @U?.D fsGH: , N c1 i:5,,.. 1<-~ Yt\:R.D s:BI efs:t:¥-, :r RD eai:Y '.P2Md<Cz 0\110 o PBN 7'.f-ts('.,{q 5) OWNER NAME (Print or Type) 6) APPLICANT NAME; (Print or Type) l-C., 01-\-\($ 3 ,'1 1 LLC 1812-l tj{-bU 0,G?y<_M A-iJ MAILING ADDRESS MAILING ADDRESS ~l 47 ~o~8Nf-\-6\...\J D ~lOO ~b ~DW/\l~ CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE 1/tN l)lf;~O c_A. ql,tl 11 is~ ,49D .l360 EMAIL ADDRESS: T612-\S {o),, COGe.LC-H . LO rVI EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO &~ ~~ THE BEST OF MY KNOWLEDGE. ... (p ,J-4.o~ Jw'~ (o,~,D~ SIGNATURE DATE SIGNATURE DATE 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. (d) = eligible for 25% discount Form 14 Rev. 01/09 PAGE 1 OF 4 • 7) BRIEF LEGAL DESCRIPTION !;,Of 4 0 f fvtl\f 15 {p 44 \ Ci\1l-kS8A--:D TIZ-() fl) -o (p 8) LOCATION OF PROJECT: '?Jlu i, 1--co(?-T 6 C.A-s~I\ STREET ADDRESS ON THE SIDE OF (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BETWEEN AND (NAME OF STREET) (NAME OF STREET) 9) IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS 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. 10) 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. ~ 'SW;dvvrn~ PROPERTY OWNER SIGNATURE FOR CITY USE ONLY Form 14 Rev. 01/09 RECEIVED JUN .2 ·6 20CJ CITY OF CARLSBAD DA TERfT~l=tj(k~°f{ECEIVED RECEIVED BY: PAGE 2 OF 4 • • JUSTIFICATION FOR VARIAN CE By law a Variance may be approved only if certain facts are found to exist. Please read these requirements carefully and explain how the proposed project meets each of these facts. Use additional sheets if necessary. 1. Explain what special circumstances are applicable to the subject property, including size, shape, topography, location or surroundings, whereby the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification: 1410 PROPE:g.r-/ IS A:~T 1V fEf<lMKN/tNI dpaj ' I I 0PAt£ -ONL--'( etJcgD/ra-l£5 5,,, $CT Bfu:I<--BY 2 h TlJ \D '' -\J@l-.j OP€N. 1 N.DN 1NTRD~J\J& TD A-D:[frl,1a\lI PRDfb/2-Tif 'WLS wft> A MLSif\-\c~ c~ 11-lE -PEL[) -M~ INbi ?826iLlLA-·t:CONC/LeTERAD 2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent U) 0 l) U[) with the limitations upon other properties in the vicinity and zone in which the subject property is 08 located and is subject to any conditions necessary to assure compliance with this finding: E;:-~Nf:; Af'LD L»A-%4Dl IN :WE" M.fJA ME SU/3J~LT TD WE SAf./lG PRCCEDIJJ2G 1]) OBtlVN VAflANCt: • \ AS /VI 1tN Aq £D 11--IR O CC:t-1? j. 3. Explain why the granting of the variance does not authorize a use or activity which is not otherwise expressly authorized by the zone regulation governing the subject property: fotS, USE ~'/ ff?,\V A-TE :HD MEOW NIT,:@fStDt'.NllftL us~ 4. Explain why the granting of the variance is consistent with the general purpose and intent of the General Pfan and any applicable specific or Master Plans: ~fioL-A-10 fo& 't'.Xs-\VA--tE:. \JSE: --\-b]\\J()L{VVlt:;NT 0\= ft~nJ~~ C:, ,~ft!f; fkW\\'-'f :tlovvt'=DW Ne& Mb \0 \Jeg.'/ DP&N A:NJ> BL>lLT D {:'.-Noi\\ -(o1'4B\2STMLE \M,AT:EjRJ A:LS ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Form3 Revised 11/06 Page 4 of 4 • • Cit}' of Carlsbad 14Eihh•h·l•J4·EIHl,iihi DISCLOSURE STATEMENT Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: . . . . . . • . · .• .· : Person is defined' as ·"Any indbti<\lual, firm, co-partner,~hip, j6int venture; :association, soci~I club.; fraterr,i·atoi:g·aniz~tion, corporation, estate, trtu·st,, recehzer, syridi.c~Je,, ih this and' any other cou111ty, City and·90l:lnty, ci,ty. rn,1,mi9ipt:1lity, e:listtiqt or :other political sµpdivision .or any other: gtotjp or.~Of!1biri~tioci acting i;is a J.lliit" •• • • • Agents may sigo trnis '(;i9cwment; howev~r, the legal name and entity of trae. applk:ant ,,SAd prC;ip!3tfy ·6W.r:ier: must pe provided below.' • • ., • •• • 1. 2. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, title, 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 corooration, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 1-eKI 5\ruAs-k,,rrna \'I Title 'PflCTe:z;f ffi {b\.)AG eJu } Address 414] MD r('.,,ll)q 6/o-,J OCd't D1t'C';¥J u.-9 Z,l 17 OWNER (Not the own~r's agent) Corp/Part LC OCt ts -3 ,r--, 1 I L~ Title 1?eprr£e 1111Pt-D (£ Address 0a,,rne,_. Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, title, 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.) ...-.-: LI Person I½ CA'l,U01P(man Title 1)(0 ¥-c,f: fYJNnu~ Corp/Part 1-C Daks 3,'l Ll--L Title fro:l:1oD:r'1'cf J Ref. 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ • • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is 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 Profit/Trust_______ Non Profit/Trust ________ _ Title___________ Title ____________ _ 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 pasttwelve (12) months? D Yes 11] 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 best of my knowledge. J-uJ~ 0,?/i,o~ Signature of owner/date s:. T?n."Shus:k,cman 0 .2-&; ,O°; Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent 2 of 2 • • PROJECT DESCRIPTION/EXPLANATION PROJECT NAME: ~e-~ led5 e r,/9d:e) +16 me:. -def-ached rne+~J perqo/q ,n rf?ar /,jt?..rd se+ hac{c. -Pr,:Jp-e,r_-+:t, 6ac../c.d a½ fo APPLICANT NAME: open .S,f.JaC' e-7JD Ylf!jh 6o rs &,,,+ ffiis +; rne. Te,,,,r i6h un/-e,rfY7a n ' Please describe ft.iffy 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: fie__e_ abo ✓e) • • City of Carlsbad l:.JFihh•H·l•Ji•Eiili,i4,i• HAZARDOUS WASTE AND SUBSTANCES STATEMENT Consultation Of Lists of Sites Related To Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that ( check one): ~ 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: J:e.Ac"i Shus+e,r man Address: Lf'l 41 MDV'-t¥LC\ 6l vd:tl lCO SCLn ])}~O C,a,, 9 '2..-UJ Phone Number: ~ Co LDi , 2-1..f), '2--l..f;;7 PROPERTY OWNER Name: L-t OCtlc s 3, t) LLG Address: 474] rY)Dfe',lf\L3 Blvd -=t± lOO ~r1 -01e9r) lA '12-117 Phone Number: ~58, 4-9D. 2,;,M Address of Site: ".3,G:, '2---7-[o\[ --\-e Cct~-r°'-.. Local Agency@nd County): Cl ft{ t>f' Cc9-rl7icaJ Assessor's book, page, and parcel number:_--'-~-~.a....-3..__~ ..... 3-......1 \ ___ -_O'--"<{ ________ _ Specify list(s): __ ...,.._-1----------------------- Applicant Signature/Date 1 Admin/WebPage\Applications ~,~ &/z.~lo; Property Owner Signature/Date 1 1635 Faraday Avenue• Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us @ " .... • • The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. 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 geotracker.waterboards.ca.gov County of San Diego Department of Environmental Health Services www.co.san-deigo.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 (619) 338-2231, fax (619) 338-2377 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/n pl/n pl .htm ' ' Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com & ken.cyr(a),ctt.com Phone: (619) 521-3553 & (619) 521-3555 Fax: (619) 521-3608 Order No.: 930015120-US0 PRELIMINARY REPORT Property Address: Corte Casera, Carlsbad, CA Dated as of: June 16, 2009 at 7:30 am 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 Exclusion 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 se 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 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. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLTA Preliminary Report Form -Modified (11-17-06) Page 1 Order No.: 930015120-US0 SCHEDULE A 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: LC Oaks 3.7, LLC, a Delaware limited liability company 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form -Modified (11-17-06) Page2 Order No.: 930015120-US0 LEGAL DESCRIPTION LOT 4 OF CITY OF CARLSBAD TRACT 06-06 LA COSTA OAKS NORTH -NEIGHBORHOOD 3.7, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15649, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 3, 2007. END OF LEGAL DESCRIPTION CL TA Preliminary Report Fo1m -Modified (11-17-06) Page 3 Order No.: 930015120-US0 SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. Property taxes, including any assessments collected with taxes, for the fiscal year 2009 -2010 that are a lien not yet due. 2. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California 3A. A Notice of Special Tax Lien pursuant to Sections 3114.5 of the Streets and Highway Code and Section 53328.3 of the Government Code imposing a continuing lien not yet due and payable Executed by: City of Carlsbad Purpose: Community Facilities District No. 1 Recorded: May 20, 1991 as File No. 1991-0236959 3. A Notice Of Special Tax Lien pursuant to Sections 3114.5 of the Streets And Highway Code and Section 53328.3 of the Government Code imposing a continuing lien not yet due and payable Executed by: Purpose: Recorded: San Dieguito Union High School District Community Facilities District No. 94-2 December 8, 1994 as File no. 1994-0703418 4. A document entitled "1996 Rancho Santa Fe Road Agreement", dated, February 3, 1997, executed by City of Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as File No. 1998- 0152405 of Official Records. 5. A document entitled "1996 Parks Agreement", dated, February 3, 1997, executed by City of Carlsbad and Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded March 20, 1998 as File No. 1998-0152412 of Official Records. 6. A document entitled "Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share", dated, February 7, 2002, executed by Real Estate Collateral Management Company, a Delaware corporation and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded February 27, 2002, as File No. 2002- 016483 5 of Official Records. 7. A document entitled "Notice of Restriction on Real Property", executed by Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded August 19, 2004, as File No. 2004-0788478 of Official Records. 8. A document entitled "Second Amended and Restated Affordable Housing Agreement Imposing Restrictions on Real Property", dated, March 1, 2006, executed by City of Carlsbad, a municipal corporation and Real Estate Collateral Management Company, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 27, 2006, as File No. 2006-021 0268 of Official Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 4 ' . SCHEDULEB ( continued) Order No.: 930015120-US0 9. A Notice of Restriction on Real Property, recorded April 18, 2006, as File No. 2006-0271050 of Official Records. 10. A document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Rancho Santa Fe Road Transportation Corridor (s) Case No. CT 99-04/PUD 01-08/HDP 99- 02/SUP 01-03", dated, February 7, 2006, executed by Real Estate Collateral Management Company, subject to all the terms, provisions and conditions therein contained, recorded April 18, 2006, as File No. 2006-0271051 of Official Records. 11. A document entitled "Hold Harmless Agreement -Geological Failure", dated March 28, 2006 executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provision(s) and conditions therein contained, recorded April 18, 2006, as File No. 2006-065 8171 of Official Records. 12. A document entitled "Hold Harmless Agreement -Drainage", dated March 28, 2006 executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provision(s) and conditions therein contained, recorded April 18, 2006, as File No. 2006-0658173 of Official Records. 13. A document entitled "Hold Harmless Agreement -Drainage", dated November 28, 2006 executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provision(s) and conditions therein contained, recorded April 24, 2007, as File No. 2007- 0278671 of Official Records. 14. A document entitled "Hold Harmless Agreement -Geological Failure", dated MaNovember 28, 2006 executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provision(s) and conditions therein contained, recorded April 24, 2007, as File No. 2007-0278672 of Official Records. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Pacific Bell Telephone Company, a California corporation <lbs AT&T California Communication facilities July 23, 2007, as File No. 2007-0490068 of Official Records The exact location and extent of said easement is not disclosed of record. 16. A Notice of Restriction on Real Property, recorded August 31, 2007, as File No. 2007-0579492 of Official Records. Reference is hereby made to said document for full particulars. 17. A document entitled "Permanent Storm Quality Best Management Practice Maintenance Agreement", dated, October 12, 2007, executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded October 29, 2007, as File No. 2007-069 I 056 of Official Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 5 SCHEDULEB ( continued) Order No.: 930015120-U50 18. A document entitled "Hold Harmless Agreement Drainage", dated September 24, 2007 executed by Real Estate Collateral Management Company, in favor of City of Carlsbad, subject to all the terms, provision(s) and conditions therein contained, recorded October 29, 2007, as File No. 2007- 0691057 of Official Records. 19. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map No. 15648 Affects: Avenida Soledad, adjacent to Lots 9, 10 and 27 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 20. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: June 27, 2003 as File No. 2003-0765993 and re-recorded September 30, 2003, as File No. 2003-1200575 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: November 4, 2008 as File No. 2008-0577486, Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 6 SCHEDULEB ( continued) Order No.: 930015120-US0 The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded: April 20, 2009 as file no. 2009-0202442 of Official Records Modification(s) of said covenants, conditions and restrictions Recorded: April 20, 2009 as file no. 2009-0202443 of Official Records 21. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: December 17, 2007 as File No. 2007-0777269 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 22. A reservation of any and all water rights in and to said land, contained in deed recorded December 17, 2007, as File No. 2007-07772 70 of Official Records. 23. An easement for the purpose shown below and rights incidental thereto as reserved in a document. Purpose: Recorded: Affects: Various purposes as set forth therein December 17, 2007 as File No. 2007-0777270 of Official Records The exact location and extent of said easement is not disclosed of record 24. A Deed of Trust to secure an indebtedness in the original amount shown below. Dated: Trustor: Trustee: December 17, 2007 LC Oaks 3.7, LLC, a Delaware limited liability company Chicago Title Company, a California corporation CL TA Preliminary Report Form -Modified (11-17-06) Page 7 Beneficiary: Recorded: SCHEDULEB ( continued) Order No.: 930015120-US0 Real Estate Collateral Management Company, a Delaware corporation December 17, 2007, as File No. 2007-0777271 of Official Records An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Deed of Trust December 17, 2007 as File No. 2007-0777275 of Official Record December 17, 2007 as File No. 2007-0777274 of Official Records An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: A Deed of Trust December 24, 2008 as File No. 2008-0653455, Official Records December 24, 2008 as File No. 2008-0653456, Official Records An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Modification of Deed of Trust May 1, 2009 as file no. 2009-0229837 of Official Records May 1, 2009 as file no. 2009-0228838 of Official Records 25. A document entitled "Agreement for Right of First Refusal", dated, December 17, 2007, executed by Real Estate Collateral Management Company, a Delaware corporation and LC Oaks 3.7, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded December 17, 2007, as File No. 2007-0777272 of Official records. An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Deed of Trust December 17, 2007 as File No. 2007-0777275 of Official Record December 17, 2007 as File No. 2007-0777274 of Official Records An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: A Deed of Trust December 24, 2008 as File No. 2008-0653455, Official Records December 24, 2008 as File No. 2008-0653456, Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 8 SCHEDULEB ( continued) Order No.: 930015120-US0 26. A document entitled "Memorandum of Repurchase Option", dated, December 17, 2007, executed by Real Estate Collateral Management Company, a Delaware corporation and LC Oaks 3.7, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded December 17, 2007, as File No. 2007-0777273 of Official records. An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Deed of Trust December 17, 2007 as File No. 2007-0777275 of Official Record December 17, 2007 as File No. 2007-0777274 of Official Records An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: A Deed of Trust December 24, 2008 as File No. 2008-0653455, Official Records December 24, 2008 as File No. 2008-0653456, Official Records 27. A document entitled "Vallecitos Water District Water Service Agreement", dated, August 7, 2008, executed by and between Vallecitos Water District and LC Oaks 3.7, LLC, subject to all the terms, provisions and conditions therein contained, recorded August 19, 2008 as File No. 2008- 442641, Official Records. Affects Lot 4 28. A Notice of Restriction on Real Property, recorded September 9, 2008 as Document No. 2008- 0480407 29. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $8,768,750.00 December 22, 2008 LC Oaks 3. 7, LLC, a Delaware limited liability company Chicago Title Company California Bank & Trust December 24, 2008 as File No. 2008-0653455, Official Records An Agreement to modify the terms and provisions of said Deed of Trust as therein provided. Executed by: Recorded: LC Oaks 3.7, LLC, a Delaware limited liability company and California Bank & Trust May 1, 2009 as file no. 2009-0229837 of Official Records CLTA Preliminary Report Form -Modified (11-17-06) Page 9 SCHEDULEB ( continued) Order No.: 930015120-US0 30 Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 31 Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form -Modified (11-17-06) Page 10 OrderNo.: 930015120-US0 INFORMATIONAL NOTES Note No. 1: 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. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, 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. ATTACHMENT ONE PRIVACY ST A TEMENT IMPORTANT INFORMATION: For those of you receiving this report by electronic delivery the Privacy Statement and Exclusions From Coverage are linked to this report. Please review this information by selecting the link. For those of you who are receiving a hard copy of this report, a copy of this information has been submitted for your review. CLTA Preliminary Report Form -Modified (11-17-06) Page 11 CHICAGO TITLE INSURANCE COMPANY Fidelity National Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates or others; • From our Internet web sites; • From the public records maintained by government entities that we wither obtain directly from those entities, or from our affiliates or others; and • From consumer or other reporting agencies Our Policies Regarding The Protection Of The Confidentiality And Security Of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We may also disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when your direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right To Access Your Personal Information And Ability To Correct Errors Or Request Change Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Multiple Products or Services: Privacy Compliance Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 If we provide you with more than one financial product or service, you may receive more that one privacy notice from us. We apologize for any inconvenience this may cause you. Privacy Statement (I 0-21-03) ATTACHMENT ONE 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 I. 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 laking 3. 4. 5 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 Failure to pay value for your title. 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. In addition to the Exclusions you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: I. Any right, interests, or cla1111s of parties in possession of the land not 3. Any facts about the land which a correct survey would disclose and shown by the public records. which are not shown by the public records. This does not limit the 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 4. forced removal coverage in Item I 2 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. 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: I. (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 Pohcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects, liens, encumbrances, adverse claims or other matters: 4. 5. 6. (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 clam1ant; (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. 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. 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. Any claim, which arises out of the transaction vesting in the insured tl1e 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. SCHEDULE B, PART I 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: I. 2. 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. 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. Attachment One (11-17-06) 3. 4. 5. Page 13 Easements, liens or encumbrances, or claims thereof which are not shown by the public records. 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. (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. ATTACHMENT ONE (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALT A ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this pohcy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of. I. (a) Any law, ordinance or governmental regulation (including but not 2. 3. 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. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubhc 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 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 (except to the extent that this policy msures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or 4. 5. 6. 7. 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. 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. 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. 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. 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 fom1 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) which arise by reason of: I. 2. 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. 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. 4. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 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. (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: I. (a) Any law, ordinance, pem1it, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or e1rjoyment 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 I (a) does not modify or limit the coverage provided under Covered Risk 5. Attachment One (11-17-06) 2. 3. Page 14 (b) Any governmental police power. This Exclusion !(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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 ATTACHMENT ONE (CONTINUED) 4. 5. (e) resultmg in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 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. 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. 7. 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. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). The above policy forn1 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: I. 2. (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 m taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 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. 4. 5. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and compiete land survey of the Land and not shown by the Public Records. (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: l. (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 winch has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. 4. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the msured 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. 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 Jaws, 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 (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) which arise by reason of: I. 2. 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. 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. Attachment One (I 1-17-06) Page 15 3. 4. 5. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 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. (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. ATTACHMENT ONE (CONTINUED) 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. (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; I. (a) Any law, ordinance, pem1it, or governmental regulation 2. 3. (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 I (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental pohce power This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; 4. 5. (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 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. 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: I (a) Taxes or assessments that are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, not shown by records of any taxing authority that levies taxes or assessments on real the Public Records. property or by the Public Records; (b) proceedings by a public agency 4. Any encroachment, encumbrance, violation, variation, or adverse that may result in taxes or assessments, or notices of such circumstance affecting the Title that would be disclosed by an proceedings, whether or not shown by the records of such agency or accurate and complete land survey of the Land and that are not shown by the Public Records. 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. 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. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law a. a notice of exercising the right appears in the Public Records at or government regulation. This includes ordinances, laws and the Policy Date; or regulations concerning: b. the taking happened before the Policy Date and is binding on You a. building if You bought the Land without Knowing of the taking. 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 1fnotice 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, 17or24. 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 v10lations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3 The nght to take the Land by condemning it, unless: Attachment One (11-17-06) Page 16 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. ATTACHMENT ONE (CONTINUED) LIMITATIONS ON COVERED RISKS Your insurance for the followmg 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 I 5: Covered Risk 16. Covered Risk 18: Your Deductible Amount LQQ¾ of Policy Amount or $2,500.00 (whichever is less) 1.00% of Policy Amount or $ 5,000.00 (whichever is less) 1.00% of Policy Amount or $ 5,000.00 (whichever is less) 1.00% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $ 10,000.00 $5,000.00 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: 2. 3. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances. or regulations) restricting, regulatmg, 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 m 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. 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. Defects. liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; Attachment One (I 1-17-06) Page 17 4. 5. 6. 7. 8. 9. (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8. 16. I 8. 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. 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. 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. 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. 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. 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 ternJS 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. 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. ... ( continued) NOTICE 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. 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 of 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 1s required to determine if you qualify for a discount which is subject to other terms and conditions. Attachment One (11-17-06) Page 18