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Home My WebLink AboutCDP 16-09; Tabata Ranch Steven & Carey SFR; Coastal Development Permit (CDP)City of Carlsbad APPLICATIONS APPLIED FOR: (CHECI( BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) [0-Coastal Development Permit(*) []Minor 1/'))f lbOt'1 D Conditional Use Permit (*) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit []Minor D Hillside Development Permit(*) [] Minor D Nonconforming Construction Permit D Planned Development Permit [] Minor D Residential D Non-Residential D Planning Commission Determinaticm D Reasonable Accommodation D Site Development Plan [] Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor D General Plan Amendment 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 D Review Permit D 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 PRIOIR TO 4:00P.M. ASSESSOR PARCEL NO(S).: LOCATION OF PROJECT: ON THE: (NORTH, SOUTH, EAST, WEST) BETWEEN . YL~oAI/t'!A-~r =::----(NAME OF STREET) P-1 SIDE OF AND STREET ADDRESS ~MPN ~€A,: i7,I?Jv£ f!Wv tJ~ d#L Op S'4t-= (NAME OF STREET) Po 1 1\1'5£ rrt4 ,tJ.I. (NAME OF STREET) Page 1 of6 Revised 07/15 OWNER NAME (Print): Jlf~~r/4 ,;::'4.1V/1hl r/l.ch' I MAl L1 NG ADDRESS: __..,?,'""'~o:;..~u';2...__;:::4=.:..;114;.u•,..,.,,v.:........:.~.....;;U~f~M.~ • ..__- CITY, STATE, ZIP: ?fA/<?~~P .. d 92ot/ ' TELEPHONE: {1~) 3o /-iz .t/¢, EMAIL ADDRESS: J&~· 7?1~-4rA 4) ~MA-1L.., LG~ APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE D CORRECT TO THE BEST OF MY KNOW~~~~~~~~~--7:-:~ APPLICANT NAME (Print): w#t: 4GN'eML t19,j11Z.Ado/J"S, <!.. MAILING ADDRESS: 7~ CIIAP6/ t/16,/ a.-: d/p0 CITY, STATE, ZIP: JfNL!INJrl/5. /!A 'j;lo~./ TELEPHONE: {16o) P7 1-,9~7~ EMAIL ADDRESS: BAt!¢·@ aj,../d.(!)I((/IV'/t/ulr,e5, CA>M IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. 1/WE CONSENT TO ENITRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND Nfl' SU CESSORS IN INTEREST. FOR CITY USE ONLY MAR 1 6 2016 CARLSBAD D DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of6 Revised 07115 Cicyof 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 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, 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% 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 oage m~y be :::~tt:::~r.hPrl if necessary.) Person Mu4 .e0'.C¢!~ Corp/Part 6/t/L ~EveAA-L L::wrAAe-ttl/l5 11vt.,.. . Title ?/{.te-:> t.P~~«'r Title 6444? t:,.wr&f?[".M .. Address Zt,o 4A,\l..~W 0M ~ ..d.£M Address 7~ 411/Wd !//#~a: :tt.Jg? ..Cd:Jnl/1 r-A-s, .t!-4 f~H .6/~ ;V, n·t5, ~ 9~;-'/ 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 include~s a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW.. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Address 662& ~A4ol\/' .4fAr 0~. &IA..L-'S 84i?, ~4 9Jol/ Corp/Part 1i4~"1T1 ..CA!Y11h 7/4,)t;r PI'#,"EiJ Title ~'Wv4~y' If.!, I ffJ Address /s,69J-~PA.J ~~ IJ~t.. &kl-L~~A-P, CA tf.)a II Page 1 of 2 Revised 07/1 0 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 Prnfit~ .-rE~;L p18 ;fr.4 Non Profit/Trust'----------- Tme Si/~~"W~ ~-;-..a.t./t>r&£ Title _____________ _ Address ____________ _ , 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 1"')('1 No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my k Print or type name of owner ignature of applic ate IV'.;\1'£:!.. 4~~V"£~AL .4>A~r/2NJ.fo/l$, /~t!~. g ... ;: 8~ZVc:&. ~~41/N'J?, P#?/P611/I Pfint or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1 (A) Page 2 of 2 Revised 07/10 Cicyof Carlsbad PROJECT DESCRIPTION P-1{8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: CoNt? r12.~a-r II ~A/~.d t:ft SivA/ 1 # t:J~i?RPtP/111 .# ;Jfri'/AGPIVI ~~~'-IE -1 I f /lhVld-j ~,17£4/~~ N//r/1 A 1896 ,c,M;-~~(?()~1 #,/$~ t!w~ko,l( ,4-,Vv Wt/71-A 4~;;1 ~ .. r:: ~ ~~ ~A/U/£,6.-,f-11/EJ 4 .17# "54. rT. / cMA.. .::::AA....Jk;,t! 1 ~¥o 'ifi?. f:t: ~&; t,f 11-tVP //71 ~~-,C.r. /VI,.,_<; r&.e... p~ P-1(B) Page 1 of 1 Revised 07/10 ~Cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1 (C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANIT Name: ,th.l£!.-¥,e#.£¢A:L.-d.oNI~TuA.-!.1 /Nh Address: 7/:,o CAt<v£AJ' 1/nG& ¥. ...rt ,!e;;v Phone Number: (7oo') ,ip-3 -?~~7 PROPERTY OWNER Name: tlf..&fTA rAM1~ /A.Vfr PA"f'fi;7 .T4Nt/lf'o/ ~~ t93'~ Address: tete9,1 .(ea1rzAI V4.C oA. Phone Number: (z&o) 3&/-,7?4(,). Address of Site: __ ..::..-4>=...:.1_,-...... ;t=--_,~,_r-=b'-r.,_y~~tC'---L!4~v.J.L--=-~.::.::-i-.o<.:~'-!...<..?--L~..:.....=.=-.;..-____..;_·1th=-'-.-=C.=.,__/,__. ...::~:;.;::· "----'/-=6'------- Local Agency (City and County): __ b_"""7y"---o_,.c_-=&'lc....:.:..~-=-..:..!f...;;4.-'-"A"_i::> ____________ _ Assessor's book, page, and parcel number: _ __.,d.~'/_.¥_-.... 6""~"""/_-..J.>f=--::._-_&,_.:._v __________ _ 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 ENVIRONMENTAL INFORMATION FORM I 1 (To be Completed by Applicant) cJ. tt II{ Date Filed: ---'-·------------(To be completed by City) CD<P (/_/\q Application Number(s): b u --1- General Information 1. Name of project: ?TIE'r/6,) f 1 £!44fE( Fifbf,-,;{. A.65 ';>£.VeL 2. Name of developer or project sponsor: -sr.Kt/£-v' /"71/M,-,;tf City, State, Zip Codel: £!4/<A>~AD M ~~tJI I Phone Number: _ _(7~) 994-,;. -o/1/3 3. Name of person to be contacted concerning this project: ~c.. ~.6ti~M£ &,.;rM~/1...5, 11\1'.:::... B'~a ~Cc;~~N'o • Address: _z;._'t,c7=-=---=~=--:.:41L.P.-=-='h./==:.,:___y)'-,-=-'kA/...::_c__tf..:_:l_-~~~~o._,v~-------------- Phone Number: 4. Address of Project: Assessor's Parcel Number: -~"'--~--<~---'~"'--"'3-=-l_-=;,?.-¥'----=o:...:o==----------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _ __.M~==--s-=--'1?.,___,~"-"N.~t--=-/-lf'-'t.~--------- 7. Existing zoning district: _ ___::_,..t(_,.__--=--/ _____________________ _ 8. Existing land use(s): vft/4-A-N' r ,&:'/"-'" '$#e;:> ~T 9. Proposed use of site (Project for which this form is filed): Project Description 10. Site size: __ ___::_1.'"'/,'--'o--''9',==-·u'S'---=--s_,~~·-',c"---'-;--'-, -------------------- 11. Proposed Building square footage: ----'~'-17''--'t!>=-=--7_,~=-------"$:.:::G!:w._,~'--'-r,_. ----------- 12: Number of floors of construction: ----&<~------------------ 13. Amount of off-street parking provided: o.N£ ~ 1!14/L-~.4~£ .f o,.,/~ I t!-.41(, 4A~£ 14. Associated projects: _dp~M~~=----------------------- P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 17. If industrial, indicate type, estimated employment per shift, and loading facilities: 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: P-1(0) Page 3 of4 Revised 07/1 0 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in E~xisting noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No D [ZJ D ~ D ~ D ~ D l2l D ~ D ~ D ISZI D ~ D GZr D ~ D ~ 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are tr~e and correct to the best of my k~~~:d belief. Date: p¢ Signature: -:2~~.....,~~'-+-'--'L~~~~-..::::::::-- For: t<.O./& 4&/£AAL :.Jr#-/t-L.To~ /Ne- P-1 (D) Page 4 of 4 Revised 07/10 {cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requir•~ment or whether requirements are necessary for your particular application) please call (760 -4610. Applicant Signatu~:~', wu.~~.L=-"'"7"'JF-:J~'-b-..c=-=:'=""'"-=------ Staff Signature: -----t.:JC...J!!.=..:~,>~::::;...,-...::,_;.=-;;...._----------- Date: ~Z~9-----:;1"-~+---""'4"'------- To be stapled with receipt to the application P-1 (E) Page 1 of 1 Revised 07/10 MINOR . Cityof Carlsbad 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 requiriing 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 determining 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 refEw to the current fee schedule for the appropriate $/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 DEVELOPMENT ESTIMATE:$ ___________ _ B. Do you wish to applly for: 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) 0 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of pmposed development 4>r ~ tP,c c!./fi,r ,;/ ~1~"1-.P rMar #o. c:,r l?~-15 , P-6 Page 1 of 6 Revised 04/15 D. Assessor's Parcel Number of proposed development cfl/4-~-61-4~1-oo E. Development Description: Briefly describe project: L!.eohr==tv<:.r dew A -sr!i?t.f, ../ ..SevA..:>oM1 ~ 8.-t~ C?/~ e;tfmt.Ly I'?.'F-z,-o.£4 it# PI A-t89J ?Q. FT. /?r r~~-l cfl.la3 -sa.fr: dWP r".4?e>,e.. A,vp «&~.-71 A ?.:P? Sf; rT dl-&f.;ll._unM~ AN'P ,I .t7.;J-'/1q ~r. I ~ /-M~ e::,AIJ.A-{;6., A ~#o .:§c!( _r;-~A .41'1P ?'7/ 1"€ ,:r MffSr&.L t::&!J< F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: r/At!A#r ~., 5oJev{C /?4rv?tt-v lbNle? ' South: &aA-N'r kPT ~nv"t? ,CAd'/1 ~'I I{Qm£1> East:_ r:Jnv"C::~ ,t:=-tM:!.::'o/7--....::.~=~=::::.s _________________ _ West: JtbAHI ~r $.-A!c,U-~A/Ylt?'j' t.,hme~ G. Is project located within a 100-year flood plain? 0 Yes ~No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? DYes ~No If yes, please describe. B. Will any existing structure be removed/demolished? 0 Yes ~No If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE P-6 A. Existing and Proposed Building Coverage Landscaped Area Hardscape Area Existing e sq. ft. ~ sq. ft. ..e sq. ft. Proposed ~t..~:Z. sq. ft. 0 5bo sq. ft. C,."J&O sq. ft. • Unimproved Area (Left Natural) e sq. ft. o sq. ft. B. Parking: Number of existing spaces Number of new spaces proposed __ _,5"------ Existing/Proposed TOTAL: Number of total spaces required __ _.....;. ___ _ Number of covered spaces .3 Number of uncovered spaces ------"=----- Number of standard spaces 7 Page 2 of6 Total t{o3$ sq. ft. r.:s;l• g % /l,e!fJ sq. ft. ~7. " % t!&S'8 sq. ft. GA·;.. % D sq. ft. 0 % Revised 04/15 P-6 Number of compact spaces Is tandem parking existing? Is tandem parking proposed? 0Yes#_51'No DYes#_~ No C. Grade Alteration: Is any grading proposed? 0 Yes lXI No If yes, please complete the following: 1. 2. 3. 4. 5. 6. Amount of cut ___________________ cu. yds. Amount of fill cu. yds. Maximum height of fill slope feet Maximum hei~lht of cut slope feet Amount of import or export cu. yds. Location of borrow or disposal site----------------- Page 3 of6 Revised 04/15 January 21, 2016 Greg Harrington The Real Estaters 1003 Vista Way Oceanside, CA 92056 Phone: (760)754-1900 Fax: Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Order Numt JCS-468559-SD Page Number: 1 First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 Tabata Ranch Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com To Be Determined Tabata Family Trust 01-14-83 Vacant Land, Carlsbad, CA PRELIMINARY REPORT January 21, 2016 Update In response to the above referenced application for a policy of title 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 Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. First American Title Insurance Company Order Num NCS-468559-SD Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions a1~d 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. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company Order Num,. .~CS-468559-SD Page Number: 3 Dated as of January 15, 2016 at 7:30A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined 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: Evelyn Tabata, as Surviving Co-Trustee and Jerry Tabata, as Successor Co-Trustee of the Tabata Family Trust dated January 14, 1983, and Evelyn Tabata; as Surviving Co-Trustee and Jerry Tabata, as Successor Co-Trustee of the Tabata Family Trust under Declaration of Trust dated January 14, 1983, as restated on June 21, 2004 The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee Simple The Land referred to herein iis 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. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. lA. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $914.78, PAID Penalty: $0.00 Second Installment: $914.78, OPEN Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 214-631-23-00 (Affects Lot 1) lB. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $914.78, PAID Penalty: $0.00 Second Installment: $914.78, OPEN Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 214-631-24-00 First American Title Insurance Company (Affects Lot 2) Order Numl "'~CS-468559-SD Page Number: 4 1C. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $914.78, PAID Penalty: $0.00 Second Installment: $914.78, OPEN Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 214-631-25-00 (Affects Lot 3) lD. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $914.78, PAID Penalty: $0.00 Second Installment: $914.78, OPEN Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 214-631-26-00 (Affects Lot 4) 1E. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $772.61, PAID Penalty: $0.00 Second Installment: $772.61, OPEN Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 214-631-27-00 (Affects Lot 5) 2. This item has been intentionally deleted. 3. This item has been iintentionally deleted. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. The effect of a map purporting to show the land and other property, filed as No. §§_~ of Record of Surveys. 6. An easement for pipeline and also underground conduits and cables for telephone, signal, communication and incidental purposes, recorded March 11, 1959 as Book 7541, Page 154 of Official Records. In Favor of: Affects: Carlsbad Municipal Water District as described therein First American Title Insurance Company Order Numc .~CS-468559-SD Page Number: 5 7. The effect of a map purporting to show the land and other property, filed as No. 6269 of Record of Surveys. 8. An easement for a pipeline or pipelines for any and all purposes, together with their necessary fixtures and appurtenances including but not limited to conduits and cables for power transmission and communication purposes together with the right of ingress thereto, egress therefrom and incidental purposes, recorded September 27, 1966 as Instrument No. 156085 of Official Records. In Favor of: Affects: Carlsbad Municipal Water District, a Municipal Water District as described therein 9. An easement and right of way for road, public utility and incidental purposes as reserved by instrument recorded November 4, 1974 as Instrument No. 7"1--292547 of Official Records, and the right of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across as described therein. 10. An easement and rig1ht of way for road, public utility and incidental purposes as reserved by instrument recorded November 4, 1974 as Instrument No. 74-292549 of Official Records, and the right of others to use said easement as conveyed or reserved in various other instruments of record, over, under, along and across the Easterly 28.00 feet of as described therein. 11. The fact that the land lies within the "Carlsbad Islands Annexation" to the City of Carlsbad, as disclosed by the document recorded April 30, 1987 as Instrument No. 87-236215 of Official Records. 12. An easement for support slopes and incidental purposes, recorded October 10, 1989 as Instrument No. 89-546752 of Official Records. In Favor of: The City of Carlsbad, a Municipal Corporation Affects: as described therein 13. An easement for right of way and incidental purposes, recorded January 2, 1991 as Instrument No. 91-0001834 of Official Records. --~-----~ In Favor of: Affects: City of Carlsbad, Municipal Corporation as described therein 14. An easement for facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground and incidental purposes, recorded January 2:7, 1997 as Instrument No. 1997-()0~4§92 of Official Records. In Favor of: Carlsbad Municipal Water District Affects: as described therein 15. The terms and provisions contained in the document entitled "Slope Landscape Maintenance Agreement" recorded August 28, 2003 as Instrument No. 2,()0~~19?40_§7 of Official Records. 16. The terms, provisions and easement(s) contained in the document entitled "Easement Agreement" recorded August 28, 2003 as Instrument No. 2003-1054068 of Official Records. First American Title Insurance Company Order Nurr. /NCS-468559-SD Page Number: 6 17. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 91-0236959 of Official Records. 18. The terms and provisions contained in the document entitled "City of Carlsbad Resolution No. 97- 528" recorded July 22 ,1997 as Instrument No. }997-0349124 of Official Records. 19. The terms and provisions contained in the document entitled "Restrictive Covenant Agreement" recorded February 4,, 2002 as Instrument No. 2002-0096680 of Official Records. 20. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Poinsetta Lane and Aviara Parkway Transportation Corridors Case No. CT 98-14" recorded Aprill, 2003 as Instrument No. 03-0362109 of Official Records. 21. The terms and provisions contained in the document entitled "Notice Concerning Aircraft Environmental Impacts Case No. CT 98-14" recorded April!, 2003 as Instrument No. Q}~(/~62110 of Official Records. 22. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded April 21, 2003 as Instrument No. 03-0459091 of Official Records. 23. The terms and provisions contained in the document entitled "Hold Harmless Agreement- Geological Failure" recorded January 28, 2004 as Instrument No. 04-0068195 of Official Records. 24. The terms and provisions contained in the document entitled "Hold Harmless Agreement - Drainage" recorded .January 28, 2004 as Instrument No. 04-0068196 of Official Records. 25. An easement shown or dedicated on the map filed or recorded April 29, 2004 as Map No. 1_4773 of Maps For: Cross lot drainage and incidental purposes. 26. An easement for public utilities and incidental purposes, recorded June 10, 2004 as Instrument No. 04-0543649 of Official Records. In Favor of: San Diego Gas & Electric Company, a corporation Affects: as described therein 27. The terms, provisions and easement(s) contained in the document entitled "Easement and Memorandum of Agreement" recorded November 5, 2004 as Instrument No. 04~1054Q7? of Official Records. The location of the easement cannot be determined from record information. First American Title Insurance Company Order Nun . NCS-468559-SD Page Number: 7 28. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions in the document recorded November 10, 2004 as Instrument No. 04-1970454 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, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, 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. 29. Easements, Covenants and Conditions contained in the deed from Standard Pacific Corp., a Delaware corporation, as Grantor, to Noboru Tabata and Evelyn Tabata, as Co-Trustees of the Tabata Family Trust Under Declaration of Trust dated January 14, 1983, as restated on June 21, 2004, as Grantee, recorded July 28, 2005 as Instrument No. Instrument No. 2005-0641041 of Official Records. Reference being made to the document for full particulars. 30. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded July 21, 2011 as Instrument No. 2011-0371065 of Official Records. 31. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded November 15, 2013 as Instrument No. ?913~0678357 of Official Records. 32. The terms and provisions contained in the document entitled "Hold Harmless Geological Failure" recorded November 15, 2013 as Instrument No. 2013-0678363 of Official Records. 33. The terms and provisions contained in the document entitled "Permanent Stormwater Quality Best Management Practice Maintenance Agreement " recorded November 15, 2013 as Instrument No. 2013~0678364 of Official Records. 34. The terms and proviisions contained in the document entitled "Deed Restrictions" recorded November 15, 2013 as Instrument No. 2013-0678365 of Official Records. 35. An easement shown or dedicated on the map filed or recorded July 08, 2014 as Map No. 15980 of Maps For: STORM DRAIN PURPOSES and incidental purposes. (Affects Lot 6) 36. Abutter's rights of ingress and egress to or from POINSETIIA LANE have been dedicated or relinquished on the filed Map. (Affects Lot 4) 37. Abutter's rights of ingress and egress to or from STRAWBERRY PLACE have been dedicated or relinquished on the filed Map. (Affects Lot 6 and Lot 7) 38. Abutter's rights of ingress and egress to or from LONICERA STREET and STRAWBERRY PLACE have been dedicated or relinquished on the filed Map. First American Title Insurance Company (Affects Lot 8) Order Num, .NCS-468559-SD Page Number: 8 39. The terms and provisions contained in the document entitled "ENCROACHMENT AGREEMENT" recorded July 18, 2014 as Instrument No. 2014-0282567 of Official Records. 40. The terms, provisions and easement(s) contained in the document entitled "COVENANT FOR EASEMENT" recorded July 08, 2014 as Instrument No. 2014-0282568 of Official Records. (Affects Lot 1, 2, 3 and 8) 41. An easement for Underground facilities and appurtenances for the transmission and distribution of electricity; Pipelines and appurtenances for any and all purposes; Communication facilities, and appurtenances. and iincidental purposes, recorded November 13, 2014 as Instrument No. 2014 .. 0494467 of Official Records. ------- In Favor of: San Diego Gas & Electric Company, a corporation Affects: as described therein 42. Rights of parties in possession. 43. A claim of lien recorded JULY 13, 2015 as INSTRUMENT NO. 2015-0364599 of Official Records. Lien claimant: DEPENDABLE DISPOSAL & RECYCLING Amount: $1,765.76 44. This item has been intentionally deleted. 45. This item has been intentionally deleted. 46. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded JULY 13, 2015 as INSTRUMENT NO. 2015-0364599 of Official Records. Arst American Title Insurance Company INFORMATIONAL NOTES Order Nun _ . : NCS-468559-SD Page Number: 9 1. Taxes for proration purposes only for the fiscal year 2015-2016. First Installment: $0.00, NO TAX DUE Second Installment: $0.00, NO TAX DUE Tax Rate Area: 09165 APN: 214-631-28-00 (Affects Lot 6) 2. Taxes for proration purposes only for the fiscal year 2015-2016. First Installment: $0.00, NO TAX DUE Second Installment: $0.00, NO TAX DUE Tax Rate Area: 09165 APN: 214-631-29-00 (Affects Lot 7) 3. Taxes for proration purposes only for the fiscal year 2015-2016. First Installment: $0.00, NO TAX DUE Second Installment: $0.00, NO TAX DUE Tax Rate Area: 09165 APN: 214-631-30-00 (Affects Lot 8) 4. This report is preparatory to the issuance of an ALTA Loan Policy. The property covered by this report is vacant land. 5. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded May 20, 2015 as Instrument No. 2015-0257589 of Official Records. From: Noboru Tabata and Evelyn Tabata, as Co-Trustees of the Tabata Family Trust under Declaration of Trust dated January 14, 1983, as restated on June 21, 2004 To: Evelyn Tabata, as Surviving Co-Trustee and Jerry Tabata, as Successor Co-Trustee of the Tabata Family Trust under Declaration of Trust dated January 14, 1983, as restated on June 21, 200 First American Title Insurance Company Order Num, . NCS-468559-SD Page Number: 10 A document recorded May 21, 2015 as Instrument No. 2015-0260662 of Official Records. From: Noboru Tabata and Evelyn Tabata, Co-Trustees of the Tabata Family Trust dated .January 14, 1983 To: Evelyn Tabata, as Surviving Co-Trustee and Jerry Tabata, as Successor Co-Trustee of the Tabata Family Trust dated January 14, 1983 6. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. 7. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 8. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required First American Title Insurance Company Order Nuni .. _ : NCS-468559-SD Page Number: 11 herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certi11cate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of org1anization (LLC-10) to be recorded in the public records; 3. If it is a forei9n limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage 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. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company LEGAl DESCRIPTION Order Num• iNCS-468559-SD Page Number: 12 Real property in the City of CARLSBAD, County of SAN DIEGO, State of CALIFORNIA, described as follows: LOTS 1 THROUGH 8 OF CITY OF CARLSBAD TRACT NO. CT 06-15 TABATA RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15980, FILED Il\1 THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 08, 2014. EXCEPTING THEREFROM ALL REMAINING OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAIVI AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID PROPERTY OR ANY OTHER PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM SAID PROPERTIES OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF; AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE AND SUCH WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE, OR OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY HEREINABOVE DESCRIBED AS RESERVED BY STANDARD PACIFIC CORP., A DELAWARE CORPORATION IN GRANT DEED RECORDED JULY 28, 2005 AS INSTRUMENT NO. 2005-0641041 OF OFFICIAL RECORDS. APN: 214-631-23-00 (Affects Lot 1) 214-631-24-00 (Affects Lot 2) 214-631-25-00 (Affects Lot 3) 214-631-26-00 (Affects Lot 4) 214-631-27-00 (Affects Lot 5) 214-631-28-00 (Affects Lot 6) 214-631-29-00 (Affects Lot 7) 214-631-30-00 (Affects Lot 8) First American Title Insurance Company Order NumL _ . NCS-468559-SD Page Number: 13 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safegu:arding Customer Information In order 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 American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.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 purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: {1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. 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 access 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. First American Title Insurance Company EXHIBIT A Order Nuni'--·. NCS-468559-SD Page Number: 14 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CAUFORI\IIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibitin9 or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alle9ed violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or dama9e to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 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, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area 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. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date 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; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. First American Title Insurance Company Order Num._~.; NCS-468559-SD Page Number: 15 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 Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following 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 following: Part One I. 2. 3. 4. 5. 6. 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. Any facts, 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. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH A.L.T.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, dimensions or location of any improvement 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 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. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired 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 date 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 street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. 5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association 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. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. 2. 3. 4. 5. 6. 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. Any facts, 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. Easements, claims of easement or encumbrances which are not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY· 1992 WITH A.L T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE First American Title Insurance Company Order Num~ -· ; NCS-468559-SD Page Number: 16 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of tlhe lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine 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 instrument of transfer; 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 6 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 facts, 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. 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 public necords. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AI~ERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1992 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or First American Title Insurance Company Order NumL . NCS-468559-SD Page Number: 17 any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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 loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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 facts, 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. 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for se1vices, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and re9ulations concerning: *land use * land division * improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: * a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or a!~reed to by you * that are known to you, but not: to us, on the Policy Date -unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. First American Title Insurance Company 5. Lack of a right: Order Nun. .: NCS-468559-SD Page Number: 18 * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CILTA HOMEOWNER'S POLICY OF TITLE INSURANCE-2008 AILTA HOMEOWNER'S POLICY OF TITLE INSURANCE -2008 Covered Risks 16 (Subdivision Law Vic1lation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subje1ct to Deductible Amounts and Maximum Dollar limits of liability EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This Exclusion does not limit the coverage described in Covered Risk B.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, B.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Tiitle. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21 LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: 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 Covered Risk 16: 1% of Policy Amount or $S,OOO.OO (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08} EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. First American Title Insurance Company Order Nun. __ ,: NCS-468559-SD Page Number: 19 (b)Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage! to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage wlhich would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land;: or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or dama~1e to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state whem the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based !Upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or !fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). First American Title Insurance Company Order Nun.. .)NCS-468559-SD Page Number: 20 14. tiMERICAN lAND TITLE ASSOCIATION LOAN POLICY-2006 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 13 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. (a) Taxes or assessments that are~ not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records,; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damag~e 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 Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 16. AMIERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-2006 WITH REGIONAL EXCEPTIONS First American Title Insurance Company Order Nur,. ,_ r': NCS-468559-SD Page Number: 21 When the American Land Title A,;sociation policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 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. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. First American Title Insurance Company City of Carlsbad Faraday Center Faraday Cashier·ing 001 1607601-1 03/16/2016 32 Wed, Mar 16, 2016 01:18PM Receipt Ref Nbr: R1607601-1/0006 PERMITS -PERMITS Tran Ref Nbr: 160760101 0006 0006 Trans/Rcpt#: R0115833 **************************************** * DUPLICATE COPY * * 03/16/2016 01:22:47 PM * **************************************** SET #: CDP16009 Amount: Item Subtota 1 : Item Tot a 1: ITEM(S} TOTAL: 1 @ $1 ' 483 . 64 $1,483.64 $1,483.64 $1,483.64 Credit Card (Auth# 04983G) $1,483.64 Total Received: $1,483.64 Have a nice day! j j j j j j j j j j j j j j j j j j j j j j j j j I j City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: WNC GENERAL CONTRACTORS INC Description Amount CDP16009 1,483.64 Receipt Number: R0115833 Transaction ID: R0115833 Transaction Date: 03/16/2016 Pay Type Method Description Amount Payment Check 1,483.64 Transaction Amount: 1,483.64