Loading...
HomeMy WebLinkAboutCDP 15-09; North Coast Medical Plaza; Coastal Development Permit (CDP)tf~:. (_City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760)602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. usE ONL YJ Legislative Permits (FOR DEPT. USE ONLY) ~Coastal Development Permit(*) !i]' Minor 0.'\)\' \00~ D General Plan Amendment 0 Conditional Use Permit(*) 0 Minor D Extension 0 Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor 0 Hillside Development Permit (*) D Minor 0 Nonconforming Construction Permit D Planned Development Permit D Minor 0 Residential D Non-Residential D Planning Commission Determination D Site Development Plan D Minor 0 Special Use Permit D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance D Minor 1-------l D Local Coastal Program Amendment (*) D Master Plan D Specific Plan D Zone Change (*) D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits 0 Review Permit, l 0 Administrative D Minor D Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSOR PARCEL NO(S).: PROJECT NAME: BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: ON THE: I CERTIFY THAT I AM T AL OWNER AND THAT ALL THE ABOVE INFORMATION IS E D CORRECT TO THE BEST OF MY KNOWLEDG /. DATE APPLICANT'S REPRESENTATIVE (Print): .K~C\l.!,_.flw<---t~·{of'-'' ·=!ft11 '-'-n-l:'-_(O::.; ...,f-""[l=·d:\-C-++.._.l"""}f~~F-~==-(------------­ MAILING ADDREss: l\ 1 t ~ Vi1JYW IC V\l cu--1,, <;l;Li-l.e ~V\1 CITY, STATE, ZIP: f)l (JLlrrn 1 ~£~. 0('~0111) TELEPHONE: j {J lCl· 5/G · / f ta EMAIL ADDRESS: f<'ttSr) l@ iSct (7 j .: }/ 1 0 IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEIVIBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE T L TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND B N SUCCESSORS IN INTEREST. FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: City of Carlsbad Faraday Center Faraday Cashiering 001 1508301-2 03/24/2015 149 Tue, Mar 24, 2015 10:30 AM Receipt Ref Nbr: R1508301-2/0015 PERMITS -PERMITS Tran Ref Nbr: 150830102 0015 0018 Trans/Rcpt#: R0107828 SET #: CDP15009 Amount: Item Subtotal : Item Total: ITEM(S) TOTAL: Check (Chk# 001138) Total Received: Have a nice day! 1 @ $859.43 $859.43 $859.43 $859.43 $859.43 $859.43 **************CUSTOMER COPY************* City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Applicant: INTEGRATED SIGN ASSOC Description Amount CDPl5009 859.43 6010 HIDDEN VALLEY RD CBAD Receipt Number: R0107828 Transaction ID: R0107828 Transaction Date: 03/24/2015 Pay Type Method Description Amount Payment Check 859.43 Transaction Amount: 859.43 (City of Carlsbad DISCLOSURE STATEMENT P-1{A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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 atthe 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, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city 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. 2. P·1(A) 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, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% QF 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.) \ 1 . '}, . . . . : . , 1 . ! · . · Person Corp/Part NTH-n Lu&.S~ '\A~ ch \ LLl V\cll[l; Title Title-.Inc I i' ' Address 1 1 D · tl i t,, )tJ{C. Address __________ _ 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 corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. 11' a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Core/Part \St) CJT/-/1 LL(; TitleYcoptJ11j D\/v Dt1A'" "'~ Address W-14l i;X~CU-b ~IJ.JfJf. &tiL .cl DU .'~1n DiLDD ,C:o.. CHI Z I Person. ___________ _ Title ______ . _____ _ Address. __________ _ Page 1 of 2 Revised 07/10 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) D montYhes?s. JN' 0 "' LYJ N• If yes, please indicate person(s): __________ _ NOTE: Attach additional she!ets if necessary. ormation is true and correct to the best of my knowledge. P-1(A) Page 2 of 2 Revised 07/10 (City of Carlsbad PIROJECT DESCRIPTION P~1(B) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Nrxv-+n Coil~~ \\f\(clirrt\ Vlazcc, APPLICANT NAME: lllitt)rtlfQ_cl ~tqn As~)DcActl-tS Please describe fully the proposed pro·ect b r . adequately explain the scope and/or ~per / appt'f~tJon type. lnclu.de any details necessary to any background information and supp~~~~ 0 st ~ prop~sed proJ~ct. You may also include appropriateness of, the application. Use an adde da emhen s. regardmg the ·reasons for, or n urns eet If necessary. Description/Explanation: ~~~~~.: . . . . . . .. -1Vnnuor~t0fSlqY1 bl~t,~~)flbYictdui aJvtrnlrtLLfYI CWIVIQ/!61~11 wl wnovWt-ttr(Lm ~x1.U~. Lml\f-V]~ lB) \\\ \Aff\1 rulf1lYL. ; -Ui y t~ Vi qn ( ctOttt71t ~ui) ~ u SYDJtimj \lrmt -til WYll NttW 01if w l cW1 ott --Nw.-\I \Wl1ifutiU1 ~() o.et6(t~ vu~mvaJ~. P-1{8) Page 1 of 1 Revised 07/10 (City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1 (C) DeveloPtnent Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Cdde Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Pro~tion Agency and hereby certify that (check one): IYf 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 are contained on the lists compiled pursuant to Section 65962.5 of.the State Government Code. PROPERTY OWNER Sfl 11 .....r"l+\ I I (! Name: Name: I :J m I· \ LU.._..l Address: 4 7 tf] BX" ~ ,CJth \J L~V( 1~1 C.tl 11n1. ClL c:t-lo LD . \~cu1, Tii uto, eeL q 1\ t\ 1 1 /) 1 /'f L -1/} .-1 1llo ~~ rn J ..-r-~n . -, a l 1 Phone Number:Y L i · '-} t/C I -LL C 1 Phone Number: 1 ) JJ) · '0 '::J T) ~It 0 I'L+ > w Address of Site: t QD 10 .}\ i[:·:\(i~ n !~ l r_uQbOLL Local Agency (City and County):.~/tl{ \SYJU[l J , Assessor's book, page, and parcel number: \j\) N : [_\ l-\) l[ D -L?· b ~ D D I \J\V'! : I, [1 '1< 0 ·7 Specify list(s): ____________________________ _ Regulatory Identification Number: _____________________ _ Date of List: ______________________ -----, _____ _ 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. P-1(C) Page 1 of 2 Revised 02/13 (city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring multiple applications must be submitted prior to 3:30 p.m. A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for de~termining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appr;opriate $/square foot fee rate. => New Residential Square Footage: ------·square feet x $ /sq. ft. = $. ________ _ => Residential Addition Square Footage: ------·square feet x $ /sq. ft. = $. _________ _ => Any Garage Square Footage: ------··square feet x $ /sq. ft. = $. _________ _ => Residential Conversion Square Footage: ------··square feet x $ /sq. ft. = $ _________ _ => Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e. Retail/Store; Restaurants; Office; and Manufacturing/Warehouse uses.) ------square feet x $ __ /sq. ft. = $--;:;:--:--------- COST OF OEVEILOPMENT ESTIMATE: $ lD C) l LJ . iJ D ·~~~~~---------------- B. Do you wish to apply for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 2. A Coastal Development Permit ($60,000 or more cost estimate) D c. Street ~ddress pf prop1os. e.·d develop'!}ent G J ~ (! It ) +I \('I 11{ fl if1 \ / 0 / J 0 · ' f? 'I r/ '' Lf) LJ .U, X.A' )1/.J. t)/ f\,J;L(, ' P-6 Page 1 of 6 Revised 08/13 D. Assessor's Parcel Number of proposed development ZJl: QtjQ-(Of)-(J~) E. F. Describe the present land uses {i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: ______________________________________ ___ SoLJth: ________________________________ _ East: _______ , _____________________ _ West:, _______________________ -r--_____ _ DYes ~No G. Is project located within a 100-year flood plain? II. PRESENT USE OF PROPEBTY ~Yes D No A. Are there existing structures on the property? If yes, please describe. B. Will any existing structure be removed/demolished? D Y~s ci{No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE P-R A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Existing ___ sq. ft. Proposed _____ sq. ft. ___ sq. ft. ___ sq. ft. Unimproved Area (Left Natural) ___ sq. ft. ___ sq. ft. ___ sq. ft. ___ sq. ft. B. Parking: Number of existing spaces Number of new spaces proposed ------ Existing/Proposed TOTAL: Number of total spaces required------- Number of covered spaces Number of uncovered spaces -------- Number of standard spaces P;1nP.? nffi Total sq. ft. % sq. ft. % sq. ft. % sq. ft. % RPvi~P.rl OR/1 ::l P-fl Number of compact spaces Is tandem parking existing? Is tandem parking proposed? C. Grade Alteration: Is any grading proposed? DYes D No If yes, please complete th1EJ following: 0Yes# __ 0No 0Yes#_0No 1. Amount of cut cu. yds. 2. Amount of fill cu. yds. 3. Maximum height of fill slope _____________ feet 4. 5. Maximum height of cut slope _____________ feet Amount of import or export cu. yds. 6. Location of borrow or disposal site----------------- Pl'lnA?. of fi March 5, 2015 TO: The City of Carlsbad RE: 6010 HIDDE:N VALLEY ROAD CARLSBAIJI, CA-EXTERIOR SIGNAGE Dear Sir or Madam: CUSHMAN& WAKEFIELD<iil Cushman & Wakefield of San Diego, Inc. 4747 Executive Drive, Suite 900 San Diego, CA 92121 (858) 558-5694 Tel (858) 452-3206 Fax MIIW.CUShWEkC.COm As the representative owner of the property referenced above, I approve the sign design prepared by Integrated Sign Associates. Regards, Ti Ho SSGT TH/Ijw iNo warranty or represarntllltion, e~s •il!f amtp["ited, is made as !o !he allGl.lracv of fne information oonw~111ed ~..rein, arn::l same is sU!Jmtlitecl ru~ to -~-... -~~--~""'"-.hk,_...._lb ....r ~ J?~~~~ll'ld' lf'llli1tE»tr" ~iirli'llfnl'r: ~~~1\Miihnuf· nri~'fi('E_ :and ID 2ri'l.?~ 'S[!t!~ml nstioo oondiiooS~ Jrnoosed by our JP'rif:ici~$ .. Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: (949) 477-6813 Issuing Policies of Fidelity National Title Insurance Company Title Officer: Curtis Taplin (MA) TO: Cushman & Wakefield of San Diego, Inc 4747 Executive Dr., 9th Floor San Diego, CA 92121 ATTN: .Tim Hoag YOUR REFERENCE: PROPERTY ADDRESS: 6010 Hidden Valley Road, Carlsbad, CA PRELIMINARY REPORT Order No.: 997-23056709-CTJ In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated>. at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liabili.ty 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 Fidelity National Title Insurance Company, a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions ami e..Yclusions 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. Countersigned by: Cl__ Authorized Signature Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: (949) 4 77-6813 PRELIMINARY REPORT EFFECTIVE DATE: December 9, 2014 at 7:30a.m. ORDER NO.: 997-23056709-CTl The form of policy or policies of title insurance contemplated by this report is: CL T A Standard Coverage Policy (04-08-14) 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: SSG TH, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hen:to and made a part hereof. PRELIMINARY REPORT Your Reference: EXHIBIT A LEGAL DESCRIPTION Fidelity National Titk Company OrderNo.: 997-23056709-CTI THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL 2 OF PARCEL MAP NO. 19207, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 09, 2003 AS INSTRUMENT NO. 2003-0402795 OF OFFICIAL RECORDS. PARCEL 2: AN UNDIVIDED FIFTY PERCENT (50%) INTEREST, AS TENANTS-IN-COMMON, IN AND TO PARCEL 1 OF PARCEL MAP NO. 19207 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 09, 2003 AS INSTRUMENT NO. 2003-0402795 OF OFFICIAL RECORDS. PARCEL 3: A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS OVER PARCEL 4 OF PARCEL MAP NO. 19207 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 09, 2003 AS INSTRUMENT NO. 2003-0402795 OF OFFICIAL RECORDS, AS CREATED BY, AND SUBJECT TO THE TERMS OF THAT CERTAIN DECLARATION OF RECIPROCAL ACCESS EASEMENT AND DRAINAGE EASEMENT RECORDED APRIL 09, 2003 AS INSTRUMENT NO. 2003-0402797 OF OFFICIAL RECORDS. PARCEL 4: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR PARKING, INGRESS AND EGRESS OVER PARCEL I OF PARCEL MAP 19207 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 09, 2003 AS INSTRUMENT NO. ?003-0402795 OF OFFICIAL RECORDS, AS CREATED BY, AND SUBJECT TO THE TERMS OF THAT CERTAIN DECLARATION OF PARKING EASEMENT RECORDED APRIL 09, 2003 AS INSTRUMENT NO. 2003-0402798 OF OFFICIAL RECORDS. PARCEL 5: PARCEL 3 OF PARCEL MAP NO. 19207, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 9, 2003, INSTRUMENT NO. ?003-0401795 OFFICIAL RECORDS. PARCEL 6: AN UNDIVIDED FIFTY PERCENT (50%) INTEREST, AS TENANTS-IN-COMMON, IN AND TO PARCEL I OF PARCEL MAP NO. 19707 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 9, 2003, AS INSTRUMENT NO. 2003-0402795. ()FfiClAL RECORDS. PARCEL 7: A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEH!C\ ILAR ACCESS. lNCJRESS AND FCiRFSS OVER PARCEL 4 OF f) i . IN TilE CITY OF C;\RLSBAD. COUNTY OF SAN DJECiO. ST;\TE OF CALIFOH.NI/\. FILED IN THF OF!ICT 01· THE COUNTY RECORDER OF SAN DIEGO COl INTY. APRIL 9. 2003. AS ! 1 I (JL) PRELJMINARY RLPORT Your Reference: EXHIBIT A (Continued) Fidelity National Title Compan: Order No.: 997-23056709-CTl THAT CERTAIN DECLARATION OF RECIPROCAL ACCESS EASEMENT AND DRAINAGE EASEMENT RECORDED APRIL 9, 2003, AS INSTRUMENT NO. '003-0402797. OFFICIAL RECQ_RDS. PARCEL 8: A NON-EXCLUSIVE EASEMENT FOR VEHICULAR PARKING, INGRESS AND EGRESS OVER PARCEL I OF PARCEL MAP 19207, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 9, 2003, AS INSTRUMENT NO. 2003-0402795 OFFICIAL RECORDS, AS CREATED BY, AND SUBJECT TO THE TERMS OF THAT CERTAIN DECLARATION OF PARKING EASEMENT RECORDED APRIL 9, 2003, AS INSTRUMENT NO. 2003-0402798. OFFICIAL RECORDS. APN: 212~040-68-00; 212-040-67-00; 212-040-69 i! i I .{ I'RELIMINARY REPORT Your Reference: EXCEPTIONS Fidelity National Title Compan) Order No.: 997-23056709-CTl AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Homeowners Exemption: Code Area: 2 1 2-040-67-00 2014-2015 $0.00, NO TAXES DUE $0 .. 00, NOT AXES DUE $0 .. 00 09018 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-040-68-00 2014-2015 $51,466.35, open (Delinquent after December I 0) $5,146.63 $51,466.35, open (Delinquent after April 10) $5,156.63 $0.00 09018 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 212-040-69-00 2014-2015 $16,137.38, open (Delinquent after December 10) $1,613.73 $16, 13 7.3 8, open (Delinquent after April I 0) $1,623.73 $0.00 09018 Supplemental taxes, including any personal property taxes and any assessments collected with taxes, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the Revenue and Taxation Code of the State of C~liforhia, are as follows: Tax Identification No.: Fiscal Year: l st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Supplemental Bill No.: 2112-040-96-00 2014-2015 $6,318.43, open $631.84 December 1 0, 20 14 $6,318.43, open $641.84 April I 0, 2015 09018 839-625-79-83 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-23056709-CTl B. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No: For: Disclosed by: Recording Date: Recording No.: The City of Carlsbad Notice of Special Tax Lien May 20, 1991 1991-0236959 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. C. Pending assessment for the District shown below: District: Disclosed by: Recording Date: Recording No: 2 (Carlsbad Unified School District) Filed Map October 07, 1992 1992-0637693 of Ofticial Records When the Notice of Assessm(mt is recorded in the public records, the assessment shall become a lien on said Land. and Recording Date: and Recording No: October 07, 1992 1992-0637694 of Official Records D. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFDNo: For: Disclosed by: Recording Date: Recording No.: 3 Carlsbad Unified School District Notice of Special Tax Lien April26, 1994 1994-0277976 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. E. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer oftitle to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. I. Water rights, claims or title to water. whether or not disclosed by the public records. PRELIMINARY Rl::PORT Your Relerence: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-23056709-CTI 2. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District, a municipal water district Utilities, ingress and egress December 28, 1961 223207 of Official Records Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land. 3. 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 document, Recording Date: Recording No: Affects: August 23, 1974 230327 of Official Records Palomar Airport Road 4. The fact that said land lies within the Assessment District No. 86-1 Palomar Airport Road City of Carlsbad, as disclosed by instrument recorded January 29, 1986 as Instrument No. 86-37400, July 07, 1988 as Instrument No. 88- 329466, and July 07, 1988 as Instrument No. 88-329467, all of Official Records. Note: As long as the real property taxes are paid current said assessment is paid current. b 5. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: The City of Carlsbad Open space August 25, 1988 88-426568 and 88-426569, both of Official Records A portion of Parcel 1 as shown on Parcel Map No. 19207 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: . Recording Date: Recording No: Affects: The City of Carlsbad Installation, construction, maintenance, repair, replacement, reconstruction and inspection of an enclosed or unenclosed flood drainage and channel August 25, 1988 88-426573 of Official Records A portion of Parcel 1 as shown on Parcel Map No. 19207 Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) l-'idelity National Title Company Order No.: 997-23056709-CTl 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression. medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is pem1itted by applicable law, as set forth in the document Recording Date: July 10, 1989 Recording No: 89-362401 of Official Records Affects Parcels 3 and 7 8. A resolution of the City Council of the City of Carlsbad, California, Overruling and Denying Protests and Establishing Bridge and thoroughfare District No.2 (Aviara Parkway-Poinsettia Lane) to finance the costs of major public improvements in said City, recorded July 22, 1997 as Instrument No. 97-349174 of Official Records. Reference is hereby made to said document for full particulars. 9. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Geological Failure December 13, 1999 99-807418 of Official Records Reference is hereby made to said document for full particulars. 10. Matters contained in that certain document Entitled: Recording Date: Recording No: Hold Harmless Agreement Drainage December 13, 1999 99-807419 of Official Records Reference is hereby made to said document for full particulars. 11. Matters contained in that certain document Entitled: . Recording Date: Recording No: Notice of Restriction on Real Property July 20, 2000 00-383929 of Official Records Reference is hereby made to said document for full particulars. 12. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice Concerning Aircraft Environmental Impacts Case No. SDP-97-25/CDP 97-52 July 20, 2000 00-383930 of Official Records Reference is hereby made to said document for full particulars. \ 1t 1 ( l: ;l{), PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-23056709-CT 1 13. Matters contained in that certain document Entitled: Recording Date: Recording No: Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Aviara Parkway Transportation Corridor(s) Case No. SOP 97-25/CDP 97-52 July 20, 2000 00--383931 of Official Records Reference is hereby made to said document for full particulars. 14. Matters contained in that certain document Entitled: Recording Date: Recording No: Aircraft Operations, Sound, Airspace and Avigation Easement Deed Case No. SDP-97- 25/CDP 97-52 November 09,2000 00-609460 of Official Records Reference is hereby made to said document for full particulars. 15. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: San Diego Gas & Electric Company, a corporation Utilities, ingress and egress July 23, 200 I 200 1-0508327 of Official Records Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public drainage August 20, 2002 02-704505 of or A portion of Parcel I as shown on Parcel Map No. 19207 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public drainage February 13, 2003 03-171 I 05 of Official Records A portion of Parcel I as shown on Parcel Map No. 19207 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: I \ City of Carlsbad, a municipal corporation Public utility and access February 13. 2003 A portion of Parcel I as sho\\ non I i 1 ; I i)h PRELIMINARY REPORI Your Reference: EXCEPTIONS (Continued) Fidelity National Title Compan) Order No.: 997-23056709-CTI l 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Public utility and access February 13, 2003 03-171 I 07 of Official Records A portion of Parcel 1 as shown on Parcel Map No. J 9207 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation Open space February 13, 2003 03·-171 I 08 of Official Records A portion of Parcel 1 as shown on Parcel Map No. 19207 21. 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 document, Recording Date: February 13, 2003 Recording No: 03-171 I 11 of Official Records Affects: A portion of Hidden Valley Road Affects: Parcel 1 of Parcel Map No. J 9207 22. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: City of Carlsbad, a municipal corporation PUiblic trail Fe:bruary 13, 2003 03-171 I J! of Official Records A portion of Parcel 1 as shown on Parcel Map No. 19207 23. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Parcel Map No. 19207 Sight distance corridors As shown on said Map 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: Purpose: Affects: Parcel Map No. 19?07 Future water easement As shown on said Map 25. Various matters including. but not limited to. requirements for developing or 1mprovmg the Land. proposed easements. covenants. conditions. restrictions and provisions set forth on .... c'·'·~~'-~-'~"---'cc Recording Date: April O<J_ ::'OOJ Recording No: PRI::LitvliNARY REPORT Your Reference: 26. Matters contained in that certain document EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-23056709-CTl Entitled: Declaration Regarding Maintenance of Retention Basin and Drainage Channel and Open Space Area Recording Date: April 09, 2003 Recording No: ?003-407796 of Official Records Reference is hereby made to said document for full particulars. 27. Matters contained in that certain document Entitled: Recording Date: Recording No: Declaration of Reciprocal Access Easement and Drainage Easement April 09, 2003 2003-402797 of Official Records Reference is hereby made to said document for full particulars. 28. Matters contained in that certain document Entitled: Recording Date: Recording No: Declaration of Parking Easement April 09, 2003 2003-402798 of Official Records Reference is hereby made to said document for full particulars. 29. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 09, 2003 Recording No: 2003-402799 of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of.trust made in good faith and for value. 30. DEED OF TRUST given to secure the original amount shown below, and any other amount payable under the terms thereof. Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $12,500,000.00 November 12,2013 SSG TH, LLC, a Califomia limited liability company Fidelity National Title Company Bane of California, National Association None Shown November 15,2013 ~0 13-0_{i776:27_,__QLQJficial Records ' . I~ PRELifvl!NARY REPORT Your Reference: EXCEPTIONS (Continued) 31. Assignment of the Leases and Rents. interest under said lease, Assignor: Assignee: Recording Date: Recording No: SSG TH, LLC. a California limited liability company Bane of California, National Association November 15,2013 2013-0677628. of Official Records Fidelity National Title Company Order No.: 997-23056709-CTl 32. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 33. 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 the Company, and/or by inquiry of the parties in possession thereof. 34. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS ! \ ~ ': l ]r i ; '; PRELIMINARY REPORT Your Reference: REQUIREMENTS SECTION Fidelity National Title Compan: Order No.: 997-23056709-CTl 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: SSG TH, LLC, a California limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record ·owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing ofthis transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS PRELIMINARY REPORT Your Reference: INFORMATIONAL NOTES SECTION Fidelity National Title Company Order No.: 997-23056709-CT I I. None of the items shown in this report will cause the Company to decline to attach CL T A Endorsement Form I 00 to an Extended Coverage Loan Policy, when issued. 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connec.tion 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. 3. Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Grantee: Recording Date: Recording No: Curtis Taplin (MA)/jh San Diego Income Properties, LLC, a California limited liability company SSG TH, LLC, a California limited liability company November 15,2013 2013-0677626 of Official Records END OF INFORMATIONAL NOTES FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National FinanciaL Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively. "FNF··. '"our" or "we'') respect and are committed to protecting your privac)'. This Privacy Notice lets ) ou know ho\\ and Cor \Nhat purposes your Personal lnfom1ation (as defined herein) is being collected. processed and used by FNF, We pledge that we will take reasonable steps to ensure that your Personal lnfom1ation will only be used in ways that are in compliance with this Privacy Notice. This Privacy Notice is only in effect for any generic information and Personal Information collected and/or owned by FNF. including collection through any FNF website and any online features. services and/or programs offered by FNF (collectively. the "Website"). This Privacy Notice is not applicable to any other web pages. mobile applications, social media sites. email lists. generic information or Personal Information collected and/or owned by any entity other than FNF. Collection and Use of Information The types of personal information FNF collects may include. among other things (collectively, "Personal Information"): (l) contact information (e.g., name, address, phone number. email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol (or IP) address or device ID/UDID; (4) social security number (SSN), student ID (SIN), driver's license, passport, and other government lD numbers; (5) financial account information; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Information about you from the following sources: Applications or other forms we receive from you or your authorized representative; Information we receive from you through the Website; Information about your transactions with or services performed by us, our affiliates, or others; and From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Information collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (collectively. "Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. To improve our prod)lcts and services that we perform for you or for Third Parties. To communicate with you and to inform you about FNF"s, FNF's affiliates and third parties' products and services. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address. browser language, broVI,'Ser type, operating system, domain names. browsing history (including time spent at a domain, time and date of your visit). referring/exit web pages and URLs. and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time. FNF or other third parties ma: send a --cuokie .. to :our computer, i\ cnokic is a sm~ill riccc ol' data that is sent HI \our Internet hrPI\ scr !'rom ~~ 11 c'h ser\'c'r ami stored ur1 'tllll' hard dri\L' <llld that l'<\11 l>c' l'c'-Xl!l lo the: Sc'l'\ 1\ c'hsik clil suhsc'qucn! 1 isib, ;\ cnukic. tl\ ihc·IL c~tlltl<'l rc·ad \ltiKr d<rl<t t'rlltlt \our third parties may use cookies to identify and keep track oL among other things. those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser. but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images. which may or may not be visible to you, known as Web Beacons (sometimes referred to as '·clear gifs''). Web Beacons collect only limited information that includes a cookie number: time and date of a page view: and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clickeq or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. You can opt-out via the Network Advertising Initiative industry opt-out at http://ww\v.networkadvertising.on>,/. You can opt-out via the Consumer Choice Page at 11ww.aboutads, info. For those in the U.K., you can opt-out via the lAB UK's industry opt-out at www.vouronlinechoices.com. You can configure your web browser (Chrome, Firefox, Internet Explorer. Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies. you will need to opt-out again. When Information Is Disclosed By FNF We may provide your Personal Information (excluding infiJrmation we receive from consumer or other credit reporting agencies) to various indi1iduals and companies. as pl'rmitkd b; lm1. without llhtaining yom prior authorization, Such lmvs do nllt allm1 consumers to restrict these disclusurc'S, Disclosures m;!\ include'. 11 itlwul linlitcllion, the' t"ollu11 in~: l'o agc·nt,;, brokc't'S. t·c·prc'sCtllali\L'S. or othct·s to pw1 ide 1 uu 11 itil .....;~..._'!'\ iL'L':-: \ PU htn ~...· !\'qu~,.,_·-.;t~_'t . .L ~1nd l\' ~..·n;1hk u~ to lk'h'L't \Jr flr~.._'\ ~..·111 crin1it1:1l ~1cti\ i!\ _ J'r;tud. !1l~th:ri~1! nli~rL'Jlrl'~l'IILltiuiL \1J To third-party contractors or service providers who prO\ ide services or perform marketing services or other functions on our behalf: To law enforcement or other governmental authority in connection with an investigation. or civil or criminal subpoenas or court orders: and/or To lenders. lien holders. judgment creditors. or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined. settled, paid or rt:leased prior to a title or escrow closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure i~ necessary to: (I) comply with a legal process or applicable laws: (2) enforce this Privacy Notice: (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or ( 4) protect the rights, property or personal safety of FN F, its users or the pub! ic. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy. reorganization, insolvency, receivership or an assignment for the benefit of creditors. and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. furthermore. we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disClosed to us. Information from Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Spccitlcally. the Website is not intended m designed to attract children under the <tgc of thirteen ( 13 ). \' nu afllrm that you me either more than 18 ycaro of age. or an cm<mc·ipalt'd minot. c1r ptlS;,c;,:; kg<li parental or guardiJn c'O\l:;cnt. <tnd <trc J'ull; <1hlc <llld compclclll to enter itllll the tnm:-;. c'tlllllitiono-. tlhlig<tliuns. <tlfinnatinn:,. t·cprc'scntations. <ttld \\<ttT<tntic's sc'l l\1rth i11 thi:, \\ itll thi~ j ~;) ].: any case, you al1lrm that you arc mer the age of 13. as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER l3 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should he aware that FNf's Privacy Notice will govern our ust.: of Personal Information, but also that information that is voluntarily given by children ~ or others -in email exchanges. bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. ~ Choices with Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice. you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FN F. As described above. there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you. such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you afrirmatively consent to such disclosure and usc. You may opt out or online bdwviural advt.:rtising by folio\\ ing the inslrul·tions Sc't forth <tho\ c under the <1h0\ c Sc'ction ··.:\ddititltWI \V<i\ s I hat lnt·nrm<Hinn L; Collected I hrough till'\\ ch;,ik ... subscctiutl "l'hitd !'art\ OJ>t ()ut ... Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's ·'Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses tor their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses ·of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities). To obtain this information on behalf of FNF. please send an email message to privacy@fnf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Prot\:ction Act requires us to i: '' disclose how we respond to ··do not track"' requests and other similar mechanisms. Currently, our policy is that we do not recognize "'do not track'' requests from Internet browsers and similar devices. Your Consent to This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of infonnation by us as specified above or as we otherwise see fit in compliance with this Privacy Notice. unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments. information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacvll/ifnfcom Copyright © 2014. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: JANUARY 24,2014 LAST UPDATED: JANUARY 24,2014 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("'FNF'') must deliver a notice of each discount available under our current rate tiling along with the delivery of escrow instructions, a preliminary repm1 or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwriter FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTIC-Fidelity National Title Insurance Company FNTCCA ~Fidelity National Title Company of California Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. 1 CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. i t"t',,,,1;, ·' i \.,].·· I') {-;)ill' Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 (04-08-14) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs. attorneys' fees or expenses which arise by reason of: 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 alfecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation atfecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered. assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no Joss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in Joss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending Jaw. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE-SCHEDULE B, PART I This policy does not insure against Joss or damage (and the Company will not pay costs. attorneys' fees or expenses) which arise by reason of: 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. 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 pub] ic records. 2. Any facts, rights, interests. or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, con11icts in boundary lines. shortage in area, encroachments, or any other facts which a correct survey would disclose. and which are not shown by the publ•ic records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Scheduk B. You are not insured against loss. costs. attom.cyo;' fees. and expenses resulting il·om: I. Cin1crnmcntal police po11Cr. and the cxi:;kncc or 1 iol:ttion oi'tho:;c' porti,,ns oi'<1111 let\\ or go\l'rllll1<enl rcguLttion conccming: <'. buildin;2: b. ;oning: @California Land Title Association. Jlll rights reserved. The use of this Fcrn1 is restricted to Cl T f-, ~ubscntJers in good t.~tc1ndm~; as cf the elate of use l\11 ethel uses di ~)tol1ihited. F\eprintt:cltl!lo'el i1cense or· express pennission frorn the Cc~'iforn1d Lancl Title Associ2tior·1 CLTA PRELIMINARY REPORT FOR ttachment One (Revised 011-05-14) c. land use; d. improvements on the Land: e. land division: and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a .. 14. 15. 16. 18. 19. 20. 23 or 27. 2. The failure of Your existing structures. or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us. unless they are recorded in the Public Records at the Policy Date: c. that result in no loss to You: or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys. or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk II or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing. earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 · (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance. permit, or governmental regulation (including those relating to building and zoning) restricting. regulating. prohibiting, or relating to (i) the occupancy. use, or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land: or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modit)' or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (b) does not modit~' or limit the coverage provided under Covered Risk 6. 2. Rights of .::minent domain. This Exc'lusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects. liens. encumbrances" advers·~ claims. or other matters (a) created. sufkred. assumed. or agreed t<' by the Insured Claimant: (b) not 1\.nO\\Il to the Company. not recorded in the: Public Records at Date of Policy. but Kno\\11 to the Insured Claimant and not disclosed in\\ riting to till' Com pam b\ the Insured Claimant prior to the' d:Hc the lrNtrcd Claimant became· an Insured under· this pPiic): !c) rcstrlting in no loss or dam:1gc tu thl' lnsurc'd ( bimant: © CaliforniiJ Land Title Association. All rights reserved. Tile use of ellis Forrr is restricted to C!. T/\ subscribers in good standinq as of the dare of use. Air other uses are prohibitec! F\e;Jri11teci unc!e: !!cense or express nern1issior1 frorn the California L_ancl Title J\ssoclation CLTA PRELIMINARY REPORT FOf \ttachment One (Re\ ised 06-05-14) (d) attaching or created subsequent to Date of Policy (however. this docs not modify or limit the coverage provided under Covered Risk 1 L 13 or 14): or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consun1er credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors· rights laws, that the transaction creating the lien of the Insured Mortgage. is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) ofthis policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk II (b). The above policy form may be issued to alford either Standard Coverage or Extended Coverage. In addition to the above Exclusions trom Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B -Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART I 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: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereot: not shown by the Public Records. 4. Any encroachment, encumbrance, vilolation, variation, or adverse circumstance affecting the Title that would be clisclosecl by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are showrl by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II . In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly exclluded 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting:or relating to (i) the occupancy, use. or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision oflancl; or (iv) environmental protection; or the e1Tect 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 police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6 . . 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects. liens, encumbrances. adverse claims. or other matters (a) created. sutTered, assumed. or agreed to by the Insured Claimant (b) not Known to the Company. not recorded in the Public Records at Date or Policy. but Known to the Insured Claimant and not clisclosecl in "riting to the Company by the Insured Claimant prior to the elate the Insured Claimant became an Insured under this policy: (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or Ci"L'akd subsequent to Date of Policy (ho\Ye\er. this does not modi!) or limit the em crage pn" ided under Co\l·rcd Risk 1.) and I 0): or \1..:) rc~ul1in~ in lu:-:~ or (C) California Land Title Association. All rights reserved. 1 he use of this Form is restricted to CL T/\ subscrrbers in good si:-'llldrng as of tilt: date of u~.e ;.\!I other are fJrot:ibileci_ F-<eorinted ur:clu license or :::;xoress perrnission fr·on1 the Caiifcrnia LCHicll itle Association. CLTA PREI.!MINARY REPORT FOR ,ttachmcnt One (Revised 06-05-14) 4. Any claim. by rc:ason of the operation of federal bankruptcy. state insohcncy. or similar creditors· rights laws. that the transaction vesting the Title as shown in Schedule A is (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Titk for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording 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 a!Tord either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage. and the Company will not pay costs. attorneys· fees or expenses. that arise by reason of: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof. not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services., labor or material not shown by the Public Records. 7. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANHED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Cop1pany will not pay loss or damage, costs, attorneys' fees or expenses which aris_e by reason of: t 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment ofthe Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion J(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d). 14 or 16. (b) Any governmental police power. This Exclusion J(b) does not modify or limit the coverage provided under Covered Risk 5, 6. 13(c), 13(d). 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects. liens, encumbrances, adverse claims, or other matters (a) created. suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 16, 17. 18, 19, 20, 21, 22, 23. 24. 27 or 28); or (e) resulting in Joss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unentorceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury. or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity. unenforceahility or lack oi"priority of the lien oi"the Insured Mortgage as to ;\dvances or modifications made after the Insured has Knowledge that the vestee shm\n in Schedule i\ is no longer the owner of the estate or interest C(1\'t'rcd by this policy. This [xclusion docs not modify or limit the coverage provided in Cmered Risk 11. 7. i\ny lien on the Title lor real estate taxes or asscssmenh impnsed by guvcrnmcntnl authority and crc'akcl or atlaching subsequent tn Dak of PJll ic:. This Lxclu:-;ion d(les not modi 1\ ()r I im it the CJ1\ erc1gc pnn ided in Co\ ercd Ris\.. I I (b) or 2:'. X Till' I~Jilurc or the n.:sid..:ntial :;tructurt·. or an: portion or it. to h;n c kc'll c·oJbtructnl bci(11'C. Oil m ai"lcr Dutc ol" h1lic; in ;(L·cordclllCc' \\ ith L'OLk,;. Tl1i, l·.xclusiJ'!l dJll"S not modi <1r liinilthc' CO\ idc:cl ill ( ·n\c-rcd Ri:;k :'<'I' h. ~.,, .. , .. ,, ......... -........ , ©California Land Title Jl.ssociation . .l\11 rights reserved .. rhe use of this Fornl is restricted to CL-r P, subscribers in good sL:~nc.iinh, c:s lhe date of use. l\il other uses c:11e proh!hited. R.c~ri!'liecl :1nclcr license-or express perr11ission frorn the California Land 1 it1e /\ssocic1t1on CLTA PRELJMINARY REPORT Fm .dtachmcnt One (Revised 06-05-I 4) '-J. Any claim. by reason of the operation of federal bankruptcy. stak insolvency, or similar crt:ditors· rights laws. that the transaction creating the lien of the Insured Mortgage. is (a) a fraudulent conveyance or fraudulent transfer. or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination. explosion, fire. Jlooding. vibration. fracturing. earthquake. or subsidence. ll. Negligence by a person or an Entity exercising a right to extract or develop minerals. water. or any other substances. ©California Land Title Association. All rights reserved. The use of H1is Forni is restricted to CL T A subscribers m gooc s!andin~ s:s oF th8 dare of usc. }\II other uses ctre prohibited Rcprintec ur-;cJc1 license or express perrnission fron1 the Califor nra Land l 1t!e Association • Fid~lit~y National Tille Insurance Company 1 hi~ pl.ul •~ !"'" yHI.It ~id in IU<:al;n~,; )'OUr land" i1h "'ftoal("C lo ~lrc.::ts and ott..,.-p.arocJ,._ Wllo: U.U. plat is. tx::lioeved t<l ~ 212-04 SHT 1 OF 2. 1'~400' ~ 1>oc Lotnoct; r H.kllty NW.ioi1JOJ Tille Jn,wnuwc L<>A1pulJo' ...._ ... \Umc;.. no li•bilily (<W •my I<»!< o-ccurinf" hy ,.....,.... .,f,-.,li-C'<" lh~L ® (21U \227 c@ SAN DIEGO COUNTY ASSESSOR'S ~AP 6) SHT 2 EB BOOK 212 PAGE 04 SHT 1 OF 2 DETAIL "C" SCALE: 1 "-1 00' i~ 1l @ SHT I fi A 881 "34'51"E 9.01 SHT 1 OCTAIL •B" NO SCALE @ ' SHT 2 __ .!!'~"--------------2112 -----AS 1534 I ~--~AII:!f>(}RT-;.;_.·;.6~-C.;-~----·. --------.1 ~ .....• l<hn .. Ar. -o "'i --() (" SHT 3 1• OPEN SPACE z• PAR 2 0 75 AC PER PM 19207 3" PAR 3 0 75 AC PER PM 19207 4" NO ACCESS 5" TRAIL ESMT 6• NO ACCESS EB Of/16/2007~ .. ~~ .. ~ :"ii!lii41<'VI"I/oW ll lmW21l_, ~ IP(It!'77VJP6 ~ lln..l'7~ ~ojoz..HJ,111"""' ~:z 11"0 1e•971 97 •• I if.:: 98 1101 " I ifcli iS 1102 JO II.! Ill •• ., 50 ""' 98 4-653 57 1.:1H, .. 22 58 ........ 98 10007 53 Slit f~J 98 78 41 l'tf~ 99 <1618 48A:51 59 99 1513 41 6Q.061 00 1630 61 PG2200 111 48!<55 62-65 00 1957 60 IPG23I011 1 56 56 3554 '" Wf1,A:J 0114607 5~f~k I 02\4754 66 10212115 s3acssl~r'~~~o3l4751 66 66 50 25 l71&:7_3josl1129 ~~~ 'ft~~y~~~RcEJl~~~~~STEH~~¥l§U~~ES ~~~~~~~~~Wf MAY NOT COliJ>LY Willi LOCAL SUBDIVISION OR BUILDING ORDINANCES. MAP 823 -RHO AGUA HEDJONOA -PGR LOT G -~514 ROS 5715,8846,13466,15061,17412 OWNER'S DECLARATION The undersigned hereby declares as follows: I. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at b. further described as follows: See Preliminary Report/Commitment No. 23056709-997-MAT-CT 1 for full legal description (the "Land"). Declarant is the of ------------------~--------~--~-----------------------("Owner"), which is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 23056709-997-MAT-CTI for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architt~ctural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of$ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemni{Y and hold harmless Fidelity National Title Company against any and all claims arising therefrom. · 3. Owner has not previously conveyed the Land; is not a debtor irt bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as __________________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnif)r the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the ·company as a result of any untrue statement made herein. I declare under penalty of pe1jury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ',, :-J