HomeMy WebLinkAboutAV 07-07; WHITE RESIDENCE PATIO COVERS; Administrative Variance (AV)4 CITY OF CARLSBAD
LAND USE REVIEW APPLICATION
APPLIED FOR: (CHECK BOXES)
1'
Administrative Permit
Administrative Variance
D Coastal Development Permit
Conditional Use Permit
Li Condominium Permit
Environmental Impact Assessment
LI General Plan Amendment
El Habitat Management Plan Permit
Hillside Development Permit
Local Coastal Program Amendment
LI Master Plan
Minor Conditional Use Permit
Non-Residential Planned Development
(FOR DEPT. USE ONLY)
LII Planned Development Permit
14VO!-oocrj'- LII Planned Industrial Permit
Planning Commission
Determination
Precise Development Plan
Redevelopment Permit
Site Development Plan
Special Use Permit
Li] Specific Plan
LII Tentative Parcel Map
Obtain from Engineering Department
Tentative Tract Map
Variance
LII Zone Change
List other applications not
(FOR DEPT. USE ONLY)
2) ASSESSOR PARCEL NO(S).: - O
3) PROJECT NAME:
4) BRIEF DESCRIPTION OF PROJECT: .
5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type)
_________________ MAILING ADDRESS MAILING ADDRESS
(4
CITY AND STATE ZIP TELEPHONE CITY AND STATE ZIP TELEPHONE
z
EMAIL ADDRESS: EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE
INFORMATIO S TRUE AND RRECT TO THE BEST OF MY
I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE
KNOWLE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND
CORRECT TO THE BEST OF MY KNOWLEDGE.
1/— - b 7 81G AJU 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.
Form 14 Rev. 06/07 PAGE 1 OF 4
7) BRIEF LEGAL DESCRIPTIONS 4--5t
Irv;- 2(n-?c) -
8) LOCATION OF PROJECT:
STREET ADDRESS
ON THE SIDE OF
(NORTH, SOUTH, EAST, WEST) (NAME OF STREET)
BETWEEN I ANDL 1 (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. [/WE CONSENT TO
ENTRY FOR THIS PURPOSE.
10) PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION FILED ON THE
PROPERTY TITLE IF CONDITIONED FOR THE APPLICANT. CERTAIN APPROVALS (SUCH AS A CONDITIONAL
USE PERMR RUN WITH THE119D AND BIND ANY SUCCESSORS IN INTEREST.
TURE
FOR CITY USE ONLY
RECEIVED
NOV 08 2007
CITY OF CARLSBAD
PLANNING DEPT
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
V')t'r4 1l4I'14&',
Form 14 Rev. 06/07 PAGE 2 OF 4
• . JUSTIFICATION FOR VARIANCE *
By law a Variance may be approved only if certain facts are found to
requirements carefully and explain how the proposed project meets each of these fctY 'Th4c
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:
a evtk stope _-1
2. Explain why the granting of the variance does not constitute a grant of special privileges inconsistent
with the limitations upon other properties in the vicinity and zone in which the subject property is
located and is subject to any conditions necessary to assure compliance with this finding:
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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:
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4. Explain why the granting of the variance is consistent with the general purpose and intent of the
General Plan and any applicable specific or Master Plans:
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• • • •I•••••• • • • • • • • • 4,,,,,,, • , • • , , • • 4..,.
Form 3 Revised 11/06 Page 4 of 4
Race'veo
AjO City of Carlisv -
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 individual firm co partnership s joint venture association social club, fraternal organization
corporation estate trust receiver, syndicate in this and any other county, city and county, cit y municipality, district or
other political subdivision or any other group or combination acting as a unit
Agents may sign this document; however, the legal name and entity of the applicant and property owner must be
provided below.
1. APPLICANT (Not the applicant's agent)
Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest
in the application. If the applicant includes a corporation or partnership, include the names, 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.)
Person ?Du\r\ Corp/Part '-'--C
Title Crc Title Q -
Address-160b Z), Address !(,C
2. OWNER (Not the owner's agent)
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 corporationor
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.)
Person Corp/Part
Title Title______________________________
Address 2i1-'\j 'j Address___________________________
1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carisbad.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 past twelve (12) months?
Yes F4No 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.
44, 4 i
Stnt re f owner/date Signature of applicant/date
I
Print or We name of owner
[H-" C/Mic_
Print or type name of applicant
Signature of owner/applicant's agent if applicable/date
Print or type name of owner/applicant's agent
H:ADMIN\COUNTER\DISCLOSURE STATEMENT 12/06 Page 2 of 2
W 0
PROJECT DESCRIPTION/EXPLANATION
PROJECT NAME: Couej
APPLICANT NAME: A~cr tAc
Please describe fully the proposed project by application type. Include any details
necessary to adequately explain the scope and/or operation of the proposed project.
You may also include any background information and supporting statements regarding
the reasons for, or appropriateness of, the application. Use an addendum sheet if
necessary.
Description/Explanation:
S
RECEIVED
NOV 08 7fl17
CITY OF CARLSBAD
PLANNING DEPT
Project Description 10/96 Page 1 of 1
• 0 RECEIVED
1/ 082007
CITY OF CARLSBAD
PLANNING DEPT
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
Wastes 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.
LI The development project and any alternatives proposed in this application are contained on the
lists compiled pursuant to Section 65962.5 of the State Government Code.
APPLICANT PROPERTY OWNER
Name: A tt-.Cc Name:______________________________________
Address: '"-1'i-_c* Address: ZZ4,
( c
Phone Number: 9 571 4 _ Phone Number: 1 W - S__-0 2-!:k9
Address of Site:
Local Agency (City and County): (2axcWooli
Assessor's book, page, and parcel number: 2X 3- Z.O Z 19 °
Specify list(s):
Regulatory Identification Number:
Date of List:
£7,r
Applicant Signature/Date Pr pert 0 er Signature/Date
Admin/CounterfHazWaste
. Order Number: DTR-2357790 (5)
Page Number: 1
Updated 09/20/07
'4j p$t
First American Title Company
411 Ivy Street
San Diego, CA 92101
Customer Reference:
Order Number:
Title Officer:
Phone:
Fax No.:
E-Mail:
Baler-as Ph 6- Lot 59
DTR-2357790 (5)
Roger Vakkers
(858)509-2104
(865)908-2069
rvakkers@firstam.com
F
A a\eQs
Escrow Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Sarah Herron (SI-I)
(858)509-2109
(866)446-0371
sherron@firstam.com
White
Pulte Home Corporation
2248 Ivory Place
Carlsbad, CA
PRELIMINARY REPORT
In response to the above referenced application for a policy of Utfe Insurance, this company hereby reports that it is prepared to Issue, or
cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein
hereinafter set forth, Insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not excluded from coverage pursuant to the printed Sdiedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exdus;ons from the coverage of said Policy or Policies are set forth In Exhibit attached. Copies of the Policy
forms should be read. They are available 1mm the office Which Issued this repot
Plse read the exceptions shown or ref0 .d to below and the exceptions and exclusions set forth in EXhibitA 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 written representation as to the condition of title and may not
list all liens, detects, and enamthrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of fbilitatIng 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 Canmith-iat should be requested.
FirstAmer/can nile
r
L .
Order Number: DTR-2357790 (5)
Page Number: 2
Dated as of September 20, 2006 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Extended Loan Policy 1992 (11-ender)
ALTA Residential Plain Language
A specific request should be made if another form or additional coverage is desired.
Title to said estate or interest at the date hereof is vested in:
PLJLTE HOME CORPORATION, A MICHIGAN CORPORATION
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A fee.
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. Assessments under the 1915 Bond Act, for improvement of Poinsettia Lane East.
2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
3. The fact that said land lies within the Communities Facilities District No. 1, City of Carlsbad, as
disclosed by instrument recorded January 16, 1996 as File No. 1996-0020168 of Official Records.
A pending assessment for the district shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien of said land.
District: Assessment District Diagram
Disclosed by: Annexation Area No. 01/20-01 Community Facilities District No.
1, City of Carlsbad
Recorded: June 28, 2002 as File No. 2002-0547701 of Official Records
Amendment to the Notice of Special Tax Lien (Notice of Annexation), recorded June 28, 2002 as
File No. 2002-0547779 of Official Records.
4. The terms and provisions contained in the document entitled 1T1996 Parks Agreement!'
recorded March 20, 1998 as Instrument No. 1998-0152412 of Official Records.
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Order Number: DTR-2357790 (5)
Page Number: 3
5. The terms and provisions contained in the document entitled "First Amended and Restated
Affordable Housing Agreement Imposing Restrictions on Real Property" recorded February 25,
2003 as Instrument No. 2003-0210191 of Official Records.
6. An unrecorded Master Tentative Map, Hillside Development Permit, Scenic Corridor Special Use
Permit and Floodplain Special Use Permit No(s). CT 99-03, HDP 99-01, SUP 01-04, and SUP 99-
01 as disclosed by the document recorded February 12, 2003 as Instrument No. 2003-0164453
of Official Records.
7. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded February 14, 2003 as Instrument No. 2003-0172871 of Official Records.
8. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded February 14, 2003 as Instrument No. 2003-0172872 of Official
Records,
9. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270073 of Official Records.
10. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270074 of Official Records.
11. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270077 of Official Records.
12. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270078 of Official Records.
13. An unrecorded Tentative Tract Map and Planned Development Permit No(s). Cr 02-20 and PUD
02-10 as disclosed by the document recorded April 8, 2004 as Instrument No. 2004-0300270 of
Official Records.
14. The terms and provisions contained in the document entitled "Notice Concerning Aircraft
Environmental Impacts Case No. cr 02-201PUD 02-10 Villages of La Costa Greens Neighborhood
1.10" recorded April 8, 2004 as Instrument No. 2004-0300276 of Official Records.
15. The terms and provisions contained in the document entitled "Notice and Waiver Concerning
Proximity of to the Planned or Existing Alicante Road and Alga Road Transportation Corridor(s)
Case No: CT 02-20/PUD 02-10-Villages of La Costa Greens Neighborhood 1.10" recorded April 8,
2004 as Instrument No. 2004-0300277 of Official Records.
16. A pending assessment for the district shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District: Assessment District No. 2002-01 (Poinsettia Lane East)
Disdosed by: Assessment District Diagram
Recorded: May 5, 2004 as File NO. 2004-0404503 and recorded December
9, 2004 as File No. 2004-1160408, both of Official Records
Fist American 77t@
Order Number: DTR-2357790 (5)
Page Number: 4
Notice of Assessment pursuant to the requirements of Section 3114 of the Streets and Highways
Code of the State of California recorded May 5, 2004 as File No. 2004-0404548, Official Records.
17. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and pmvisions
in the document recorded June 2, 2004 as Instrument No. 2004-0512841 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national
origin, source of income (as defined in California Government Code 12955(p)), to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States
Codes. 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: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
A declaration of annexation recorded May 3, 2005 as Instrument No. 05-370790 and re-recorded
June 20, 2005 as Instrument No. 05-516529, both of Official Records.
An Amendment to Supplementary Dedaration of La Costa Greens recorded December 2,
2005 as Instrument No. 2005-1040708 of Official Records.
18. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded June 9, 2004 as Instrument No. 2004-0538039 of Official Records.
19. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded June 9, 2004 as Instrument No. 2004-0538040 of Official Records.
20. A pending assessment for the district shown below. When notice of the assessment is recorded
with the County Recorder the assessment shall become a lien on said land.
District: Annexation No. 03/04-01 to Community Facilities District No.4
(Zone B)
Disclosed by: Assessment District Diagram
Recorded: June 17, 2004 as File No. 2004-0565190, Official Records
Amendment to Notice of Special Tax Lien pursuant to the requirements of Sections 3114.5 and
3117.5 of the Government Code recorded June 17, 2004 as File No. 2004-0565191, Official
Records.
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Order Number: DTR-2357790 (5)
Page Number: 5
21. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded June 22, 2004 as Instrument No. 2004-0579104 of Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any first
mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition
or restriction indicating a preference, limitation or discrimination based on race, color, religion,
sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national
origin, source of income (as defined in California Government Code 12955(p)), to the extent such
covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States
Codes. 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: You may wish to contact the homeowners association referred to in the above document
for information regarding assessments, transfer requirements or other matters.
22. An easement fbr various purposes as described in said document and incidental purposes in the
document recorded June 22, 2004 as Instrument No. 2004-0579105 of Official Records.
The location of the easement cannot be determined from record information.
23. A reservation of any and all water rights in and to said land, as reserved by Real Estate Collateral
Management Company in deed recorded June 22, 2004 as File No. 2004-0579105 of Official
Records.
24. The terms and provisions contained in the document entitled "Encroachment Agreement'
recorded June 23, 2004 as Instrument No. 2004-0586680 of Official Records.
25. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded November 23, 2004 as Instrument No. 2004-1109053 of Official Records.
26. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded November 23, 2004 as Instrument No. 2004-1109054 of Official
Records.
27. The terms and provisions contained in the document entitled "Notice of Non-Adversarial
Procedure under Civil Code Section 912(0" recorded December 20, 2004 as Instrument No.
2004-1193841 of Official Records.
28. The terms and provisions contained in the document entitled "Notice of Restriction of Real
Property" recorded December 21, 2004 as Instrument No. 2004-1201209 of Official Records.
29. Covenants, conditions, restrictions and easements in the document recorded August 16, 2005
as Instrument No. 2005-0701611 of Official Records, which provide that a violation thereof shall
not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and
for value, but deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry,
disability, handicap, familial status, national origin, source of income (as defined in California
Government Code 12955(p)), to the extent such covenants, conditions or restrictions violate Title
42, Section 3604(c), of the United States Codes. 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.
first American Thie
Order Number: DTR-2357790 (5)
Page Number: 6
30. Any reservations, exceptions, easements, conditions, covenants or similar matters, not yet
appearing in the public record but arising from the Grant Deed in the contemplated transaction.
first .4n,er/can Title
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Order Number: DTR-2357790 (5)
Page Number: 7
INFORMATIONAL NOTES
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent overage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
fist Amefican Nile
Order Number: DTR-2357790 (5)
Page Number: 8
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
Lot 59 of City of Carlsbad Tract 02-20 La Costa Greens Neighborhood 1.10, in the City of
Carlsbad, County of San Diego, State of California, according to map thereof No. 14805, filed in
the Office of the County Recorder of San Diego County, May 27, 2004.
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Order Number: D1R-2357790 (5)
Page Number: 9
NOlICE
Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
With the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for
more details.
fist American 771'e
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Order Number: DTR-2357790 (5)
Page Number: 10
I. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990
SCHEDULES
l.(*jpc.::l1;
This policy does not Insure against loss or damage (and the Company will not pay cats, attorneys' fans or expenses) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on
real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such
proceedings, whether or not shown by the records of such agency or by the public records.
2. Any fads, 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.
S. (a) linpatented mkihig claims; (b) reservations or e,tions in p4siih or in Acts authorizing the issuance thaeri (c) water rights, claims
or title to water, whether or not the matters occeptei under (a), (b), or (C) are shown by the public records.
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 Qndudhig but not limited to building and zoning laws, ordinan, or regulations)
restricting, regulating, prohibiting or relating to Q) the occupancy, use, or enjoyment of the land; (Ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (lii) a separation In ownership or a change in the dimensions or are of the land or
any parcel of which the land Is or was a part or (hr) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the edent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation afldling the land has been recorded in the public records at Data of Policy.
(b) Any governmental police power not occluded 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 PS'.
2. Rights of enrinent domain unless notice of the exerdse thereof has been recorded In the public records at Date of Policy, but notocduding
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, encuntran, adverse claims or other matters :
(a) whether or not recorded in the public records at Date of Policy, but created, suffed, 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 In 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 oeatnt subsequent to Date of Pofcy or
(e) resulting In loss or damage which would not have been sustained If the in9Iral claimant had pad value for the insured mortgage or for
the estate or Interest insured by This policy.
4. Unenforteablhlty 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 sthsauent owner of The Indebtedness, to comply with applicable "doing business" laws of the Mate In which the land is
situated.
5. Invalidity or unaiftrbility of the lien of the insured mortgage, or claim theceof, which arises out ofthe transaction evidenced by the
insured mortgage and Is based upon usury or any consurner credit protection or birth In lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or Interest Insured by their policy or the transaction creating
the interest of the insured lender, by rear of the operation of federal bankruptcy, state Insolvency or similar oSito& rights laws.
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM 5-1970
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the ocorpancy, use or enjoyment of the land, or regulating the character, dimen9ons or location of any improvement now or
herea erected on the land, or prohibiting a separation In ownership or a reduction in the dimensions of are of the land, or the effect of
any violation of any such law, ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of The exercise of such rights appears In the public records at
Date of Policy.
3. DSects, liens, encumbrances, adverse claims, or other matters (a) created, sutfered, assumed or agreed toby the insured dainiant (b) not
known to the Company and not shown by the pitt records but known to the insured claimant either at Date of Policy or at the date such
dairnant acquired an estate or igmtr,t insured by this policy and not disclosed In writing by the insured dalmantto the Company prior to the
date such insured claimant became an insured haeundeq (c) resulting in no loss or damage to the insured claimant Cr0 attaching or
H,stAmedcvn flUe
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Order Number: DTR-2357790 (5)
Page Number: 11
created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustains if the insured claimant had
paid value for the estate or Interest Insured by this policy.
3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an edends Coverage Policy the exclusions set forth
in paragraph 2 above are used and the Mowing exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two Mowing:
Part One
I. Taxes or assessment; 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. 2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. D&xepancies, conflicts in boundary lines, shortage In area, encmachrnerits, or any other facts which a ettect survey would disdose, and
which are not shown by public records.
5. tinpatented mining claims; reservations or excetions in patents or In Ads authorizing the issuance thereof water rights, claims or title to
6. Any lien, or right to a lien, for services, labor or material heSDföre or hereafter furnished, imposed by law and not shown by the public
4. AMERICAN LAND TITLE ASSOCIATION WAN POLICY -1970
WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
I. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimenons or location of any invovenent now or
hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions; or area of the land, or the &èd of
any violation of any such law ordinance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notion of the exercise of such rights appears in the public records at
Date of Policy.
3. Detects, liens, encx'mbian, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured dairmnt (b) not
known to the Company and not shown by the public records but known to the Insured claimant either at Date of Policy or at the date such
claimant auirerl an estate or interest Insured by this policy or acquired The insured mortgage and not disclosed in writing by the insured
claimant to the Company prior to the data such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the
insured claimant, (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory
lien for labor or material or to the extent Insurance is afforded herein as to assessments for shed Improvements under construction or
conçe(ed at Date of Policy).
4. Unenthrbiiity of the lien oftheinsured mortgage because of failure of the insured at Date of Policy or of any subsequent owner ofthe
indnessto comply with applicable "doing brSness" laws of the stale in which the land Is stthated.
S. AMERICAN LAND TITLE ASSOCIATION WAN POLICY -1970
wuM REGIONAL EXCEPTIONS
When the American Land Title Assodation Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions
set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.
flr:'J'1i1
This policy does not insure against loss or damage by reason of the mass shown in parts one and two following:
Part One
1. Taxes or assessments which are not shown as existing liens bythe records of any taxing authority that levies taxes or assessments on real
property or by the public records.
2. Any fads, rights, interests, or claims; which are not shown bythe public records but which could be asoertained by an inspection of raid land
or by making Inquiry of persons in possession thereof.
3. Easements, damns of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fads which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims; rvations or exceptions in patents or In Acts authorizing the isgaancethni water rights, claims or title to
6. My lien, or tight to a lien, for services, labor or material theretofore or hereafterfamithed, Imposed by law and not shown by the public
fist American 77t1e
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Order Number: DTR-2357790 (5)
Page Number: 12
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY -1992
WITH A.L.T.A. ENDORSEMENT FORM I COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are eqressiy excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney? fees or expenses which arise by reason
(a) Any law, ordinance or governmental zutation çmduding but not limited to building and zoning laws, ordinance, or Tegulabons)
restricting, regulating, proltting or relating to (I) the occupancy, use, or enjoyment of the land; (31) 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 S or was a part or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
government regulations, exct to the extent that a notice of the enforcement thereof or a notice of a delect lien or encumbrance
Testjlting from a violation or alleged violation affecting the land has been recorded In the public records at Data of Policy;
(b) Any governmental police power not excluded by (a) above, scept to the extent that a notice of the exercise thereof or a notice of a
d'ed 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 Data 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
3. De, liens, encumbrances, adverse claims, or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, sufled, 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) aching or created subsequent to Date of Policy (eptto the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory lien for services, labor or material or the extent insurance Is afforded herein as to assessments for greet
improvements under constnithgn 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. linenforceabilay of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, orthe 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.
S. Invalidity or unenforceabllity of the hen of the insured mortgage, or claim Therent, which arises out of the tmnsactlon evidenced by the
Insured mortgage and is basal 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 confracted 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 aulitois' rights laws, that Is based on;
® 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 of 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 instrumertof frarisfer, or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH REGIONAl. EXCEPTIONS
When the American Land Title Association policy Is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
In paragraph 5 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
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.
2. Any fads, rights, inters, or claims which are not shown by the public records but which could be ascertained by an Inspection of said
land or by making inquiry of pawns in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Discrepancies, conflicts in boundary Ines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
S. Unpatented mining claims; reservations or excions in pathits or in Ads authoring the Issuance theecfj water rights, claims or title to
6. Any lien, or right to a lien, for services, labor or material therdofore or hereafter furnished, imposed by law and not thcwm by the public
8. AMERICAN LAND nilE ASSOCIATION OWNER'S POLICY -1992
fist American rm
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Order Number: DTR-2357790 (5)
Page Number: 13
EXCLUSIONS FROM COVERAGE
The following mas am expressly excluded 11cm the coverage of this policy and the Company will not pay his's or damage, costs, attorneys' fees or
expenses which arise by reason of
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning Jaws, 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; cuii) a separation in ownership or a change in the dimensions or area of the land or
any parcell of which the land S or was a part or (Iv) environmental protection, orthe 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 p01kB power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice if 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 ease therenf has been recorded In the public records at Date of Policy, but not eTiuding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without
3. Deits, 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
wilting to the Company by the insured claimant prior to the date the insured dalmant became an insured under this policy;
(c) resulting in no loss or damage to the insured dalmanti
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the Insurer] claimant had - value for the ee or Merest insaed
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or Interest IOSLITeCI by this policy, by reason of the operation
of federal bankruptty, state insolvency, or similar aedlto& rights laws, that Is based on:
(I) the banthon creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent baneç or
(U) the transaction aeatlng 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 hen aeditor.
9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
WITH REGIONAL EXCEPTIONS
When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth
in paragraph 8 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
This policy does not insure against hiss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
Part One'.
I. 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.
2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an Inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Diepandes, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof water rights, claims or title to
6. Any lien, or right to a lien, for services, labor or material therefore or hereafter furnished, Imposed by law and not shown by the public
records.
10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL
TITLE INSURANCE POLICY -1937
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not inSLxS against hiss, cot, 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 oncerrdng:
* land use * land division
• ittçtverrt on the JaxJ * environmental protection
This exclusion does not apply to violations orthe enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning avage described in ilmiis 12 and 13 of Coteed Title Risks.
first American 17te
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Order Number: DTR-2357790 (5)
Page Number: 14
2. The right th take the land bycondenining it, unless:
* a notice of e)Pttising the right appears in the public records on the Policy Date
* the taking happened - to the Policy Date and is binding on you if you bought the land without knowing of the taking.
3. Tale Risks:
* that are a-eater), allowed, or agreed to by you
* that are known to you, but not thus, on the Policy Date - unless they appeared in the public records
* that result In no loss to you
* that first aflëct your title alter the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered The Risks
4. Failure to pay value tbr your tide.
5. Lack ofa right
to any land outside the area specifically described and referred thin Item 3 of Schedule A, or
* in gjes, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered The Riskt
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HON EOWN ER'S POLICY OF TITLE INSURANCE -1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroachment of boundary walls or fences) are subject to
Deductible Amounts and Maximum Dollar Limits of Liability
In addition to the Exceptions in Schedule B, you are not insured against low, costs, attorneys' fees, and expenses resulting front
1. Governmental police power, and the edstence or violation of any law or government regulation. This Includes ordTnanj, laws and
regulations concerning:
a. building I,. zoning
c. land use cL Improvements on the land
a. land division f. environmental protection
This exclusion does not apply to violations or the enfomement of these matters if notice of the violation or enfortementappears In the
Public Records at the Policy Date.
This exclusion does not limit the coverage diibaI in Covered Risk 14,15,16,17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building cot 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 light 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
ch that first occur alter the Policy Date - this does not limit the coverage described in Covered Risk 7, Sd, 22,23,24 or 25.
S. Failureto pay value for Your Tide.
6. Lack ofaright
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.
12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND ifTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAl. LOAN
POUCY (10/13101)
COVERAGE
The tiffowing matters are e,qxessiy 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 oft
1. (a) Any law, ordinance or govenimentel 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; QO 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 pact; or (lv) erviconmentel 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 Pubic Records at Date of Policy. This exclusion
fist American 7Th@
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Order Number: DTR-2357790 (5)
Page Number: 15
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, exceitto the exterttthat a notice of the exercise thereof or a notice of
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 ocettse thereof has been recorded in the Public Records at Date of Policy, but not excluding
from coverage any taking which has owirTed prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowtt
3. De, hens, encumbrances, adverse claims or t mafteis
(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 become an Insured under this policy,
(C) resulting In no loss or damage to the Insured Claimant
(ci) 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.
Unenforceabllity 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 ownerof the indebtedness, to comply with applicable doing business laws of the state in which the Land Is
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or daim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and Is be upon usury, except as provided In Covered Risk 27, or any consumer credit ptotedion or truth in fending 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, unenforceahility or lack of priority of the lien of the Insured Mortgage as to advances or modUlations made alter the
Insured has Knowledge thatthe vesta shown In Schedule A Is no longerthe owner of the estate or Interest covered by this policy. This
exclusion does not limit the coverage provided in Covered Risk S.
B. 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 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.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys fees or expenses) which arise by reason oft
1. The following existing statutes reference to which are made part of the ALTA 8.1 Swironmental Pttedion lien Endorsement incorporated
into this Policy following item 28 of Covered Risks: NONE.
13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND UTLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN
POLICY (10/13101)
WITH REGIONAL EXCEPTIONS
When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear In the policy.
SCHEDULE B
This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason oft
Part One:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or asssients on real
property or by the public records.
2. Any fads, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land
or by making inquiry of persons in possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. D4repandes, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and
which are not shown by public records.
5. Unpatented mining claims reservations or exceptions In patents or in acts authocthng the issuance thereof water rights, claims or title to
6. Any lien, or right to a hen, for services, labor or material therdafore or hereafter furnished, imposed by law and not shown by the public
records.
PartTwo:
first Ameilcan 77t1e
and not for the benefit of any
(1) as necessary for us to prc
rer, store such information indef
y be used for any internal purç
may also provide all the information we c
on behalf of our affiliated companies, or
g agreements.
as
to
or
the
. .
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In artier to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information - particularly any personal or financial information We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your
personal Information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another person
or entity. First Amencan has also adopted broader guidelines that govern our use of personal information regardless of its source.
First American calls these guidelines its Fairinfonnatlon Values, a copy of which can be found on our website at www.flrsthm.com .
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person,
by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business puri
Therefore, we will not release your information to nonaffiliated parties
service you have requested of us; or (2) as permitted by law. We may,
period after which any customer relationship has ceased. Such informal
control efforts or customer analysis. We may also provide all of the typc
more of our affiliated companies. Such affiliated companies include fine
casualty Insurers, and trust and Investment advisory companies, or con
companies, home warranty companies, and escrow companies. Furthermi
described above, to companies that perform marketing services on our
financial institutions with whom we or our affiliated companies have joint
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have aaess to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to Know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
@ 2001 The First American Corporation • NI Rights Reserved