HomeMy WebLinkAboutCUP 05-28; Bressi Ranch Lot 14; Conditional Use Permit (CUP)cmr OF CARLSBAD - ENGINEERING DEPARTMENT
APPLICATION
ENGINEERING PLAN CHECK
Complete all appropriate information. Write N/A when not applicable.
PROJECT NAME: /If/tGSSf /e^UiC^ cerr /*/ •'jVft^y a^t0i^A/fi DATE:
PROJECT DESCRIPTION: /•M^gjr a>t/H>/Afa. COT /V ^ cq^XrTyzuc^OAJ
PROJECT ADDRESS:_
LOT NO(S).: /f
SS^ CC^tAJG^ /^^Ho/t/IA~^^ /^^^C <rt^/V<g/g^«l
MAP NO.: JV9i^C APN(S)
NUMBER OF LOTS: 1. NUMBER OF ACRES: ^.^j CfJTVutgei^
OWNER: -^eV F., (^-B^S^^tV
Mailing Address: ft^lD K^c^^^^^^^i C4tv.\^.
Phone Number;
Fax Number:
E-Mail:
I certify that I am the legal owner and that all the above
information is true and correct to the best of my knowledge.
Signature: Date:5^>l7.0<^^
APPLICANT:
Mailing Address:
Phone Number:
Fax Number:
E-Mail:
Signature: Date: ?./.?^^
CIVIL ENGINEER: A^Q/teto J-> U/UJ Coy
Mailing Address: X7t6 Ccic^r?. /fcg" CJ ^/gp
SOILS ENGINEER:
FIRM:
Phone Number:
Fax Number:
E-Mail:
State Registration Number: ^VS"^3
Mailing Address:
Phone Number:
Fax Number:
E-Mail:
State Registration Number:
ADDITIONAL COMMENTS:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
^^Carlsbad Municipal Water District Qoiivenhain []vallecltos
2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15%
contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal
Water District only), street, public (median) landscape and irrigation, and drainage improvements
(if applicable)? $
cut'^H^- cy fill[TlM cy
GRADING QIMNTITIES
remedial cy import Ml export. .cy
SEE REVERSE SIDE
H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Revised 1/14/02 ,
ITY OF CARLSBAD - ENGINEERING DEPARTMENT
APPLICATION
ENGINEERING PLAN CHECK
Complete all appropriate information. Write N/A when not applicable.
APPLICATION FOR
( ^ all that apply)
FOR CITY USE ONLY
APPLICATION FOR
( ^ all that apply)
PROJECT
I.D.
DRAWING
NUMBER
DEPOSrr/FEES
PAID
COMMENTS
• Adjustment Plat (ADJ)
[] Certificate of Compliance (CE)
Q] Dedication of Easement (PR)
Type:
Q] Dedication of Easement (PR)
Type:
Type:
Type:
[2 Encorachment Permit (PR)
• Final Map (FM)
0 Grading Plancheck (DWG) C
Q Improvement Plancheck (DWG)
• Parcel Map (PM)
[] Quitclaim of Easement (PR)
Type:
[] Quitclaim of Easement (PR)
Type:
Type:
Type:
Q Reversion to Acreage (RA)
• Street Vacation (STV)
Q Tentative Parcel Map (MS)
[]] Certificate of Correction
(CCOR)
[] Covenant of Easement (PR)
[] Substantial Conformance
Exhibit (SCE)
• Other
DATE STAMP
APPLICATON RECEIVED
H:/DEVELOPMENT SERVICES/MASTERS/Application for Engineering Plan Check Page 2 Revised 1/14/02
CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
163S Faraday Avenue
760-602-2750
www.carlsbadca.gov
Complete all appropriate information. Write N/A when not applicable.
Project Name: VPI BRESSI STORAGE Date: 05/17/2010
Project Description: ENCROACHMENT AGREEMENT FOR MONUMENT SIGN PER RESOLUTION NO. 6642.
ITEMS 12 AND 15.
Project Address: 2500 CAMPBELL PLACE
Lot No(s).:J4 Map No.:
Number of Lots: J
14960
Number of Acres:
APN(s): •Z.I^-'Z.tgl-e>9-A^
Miles of Trails: N/A
Owner:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
Veralliance Properties. Inc.
8910 University Center Lane
San Dlego. CA 92122
858-643-9100
iler@veralliance.com
certify that I am the legal owner and that all the above
infomiation is iriS^ and cgnipct to the best of my knowledge.
Date: ^-Zg^fC^
Civil Enginee
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
state Registration Number: gCE" Sf^^
Applicant:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
HOFMAN PLANNING & ENG
3152 LIONSHEAD AVENUE
CARLSBAD. CA92010
760-692-4013
760-692-4105
breiter@hofmanDlanning.com
Soils Engineer
Firm:
Mailing Address:
Phone Number:
Fax Number:
mail:
State Registration Number:
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
• Carlsbad Municipal Water District • Olivenhain • Vallecitos
2. If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $ N/A
cut .cy
GRADING QUANTITIES
^ cv remedial cv import. .cy export. .cy
E-23 Page 1 of 2 REV 4/30/10
CARLSBAD
O F
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
APPLICATION FOR
(check all that apply)
FOR CITY USE ONLY APPLICATION FOR
(check all that apply) Project
I.D.
Drawing
Number
Deposit /Fees
Paid
Comments
• Adjustment Plat (ADJ)
U •
• Certificate of Compliance (CE)
U •
Q Dedication of Easement (PR)
U •
Tvoe:
U •
Tvoe:
U •
Encroachment Permit (PR) voe)-oi U • • Final Map (FM) U •
• Grading Plancheck (DWG)
U •
Q Improvement Plancheck (DWG)
U •
• Parcel Map (PM)
U •
O Quitclaim of Easement (PR)
U •
Tvoe:
U •
O Reversion to Acreage (RA)
U •
• Street Vacation (STV)
U •
• Tentative Parcel Map (MS)
U •
• Certificate of Correction (CCOR)
U •
O Covenant of Easement (PR)
U •
• Substantial Conformance
Exhibit (SCE)
U •
• Trails • < mile • > mile
U •
• Other
U •
APPLICATION DATE STAMP
JUN -1 2010
ENGINEERING
DEPARTMEi^'^
E-23 Page 2 of 2 REV 4/30/10
Order Nd^^: NCS-181450-SD
Page Number: 1
Updated 07/17/2007
First American Title Insurance Company
National Commercial Services
2100 Sth Ave.
San Diego, CA 92101
March 13, 2007
Eric Young
Gordon 8i Rees LLP
101 W. Broadway, Suite 1600
San Diego, CA 92101
Phone: (619)230-7735
Fax: (619)696-7124
Title Officer:
Phone:
Fax No.:
E-Mail:
Ralph M. Snyder
(619)881-3960
(619)330-2492
rsnyder@firstam.com
Escrow Officer:
Phone:
Lynn K. Graham
Buyer:
Owner:
Property:
VPI Bressi Storage, LLC
Vacant Land, Carisbad, CA
PRELIMINARY REPORT
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 of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy
forms should be read. They are available from the office which Issued this report.
Please read the exceptions sliown or referred to below and the exceptions and exclusions set forth in Exhibit A 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.
First American T/t/e Insurance Company
Order Nu^^: NCS-181450-SD
Page Number: 2
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 Nu^^: NCS-181450-SD
Page Nurnber: 3
Dated as of July 17, 2007 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Owner's Policy (10-17-92) with Regional Exceptions (Standard Coverage)
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:
VPI Bressi Storage, LLC, a California limited liability company
The estate or interest in the land hereinafter described or referred to covered by this Report is:
Fee Simple
The Land referred to herein is described as follows:
(See attached Legal Description)
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2007-2008, a lien not yet due or
payable.
2. Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
First Installment: $4,139.95, PAID W/PEN
Penalty: $414.00
Second Installment: $4,139.95, DUE
Penalty: $424.00
Tax Rate Area: 09165
A. P. No.: 869-380-08-56
3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the California Revenue and Taxation Code.
4. Assessments under the 1915 Bond Act, for improvement of Poinsettia Lane East.
5. The privilege and right to extend drainage structures, excavation and embankment slopes
beyond the limits of Road Survey No. 757 where required for the construction and maintenance
thereof as granted to the County of San Diego in Deed recorded October 2,1940 in Book 1069,
Page 456 of Official Records.
First American Title Insurance Company
Order NL^^: NCS-181450-SD
Page Number: 4
6. An easement for gas pipe lines and incidental purposes, recorded July 27, 1960 as Instrument
No. 151772 of Official Records.
In Favor of: San Diego Gas and Electric Company.
Affects: A portion of said land
7. An easement for avigatlon and incidental purposes, recorded April 11, 1984 as Instrument No.
84-132298 of Official Records.
In Favor of: County of San Diego by Final Order of Condemnation.
Affects: A portion of said land
8. An easement for avigation and incidental purposes, recorded August 11, 1987 as Instrument No.
87-452377 and August 20, 1987 as instrument no. 87-472299, both of Official Records.
In Favor of: The County of San Diego
Affects: A portion of said land
9. The privilege and right to extend drainage structures, excavation and embankment slopes
beyond the limits of highway where required for the construction and maintenance of said
highway as conveyed in Deed recorded December 10, 1992 as Instrument No. 1992-0793169 of
Official Records.
10. The terms and provisions contained in the document entitled "Agreement Regarding the Payment
of a Public Facilities Free for Inside the Boundaries of Community Facilities District No. 1"
recorded December 11, 1998 as Instrument No.1998-0806517 of Official Records.
11. The terms and provisions contained in the document entitled "Agreement Regarding Covenants
Running with the Land" recorded February 18, 1999 as Instrument No. 1999-0098738 of Official
Records.
12. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded February 25, 2003 as Instrument No. 2003-0210190 of Official Records.
13. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Drainage" recorded March 11, 2003 as Instrument No. 2003-0270075 of Official Records.
14. The terms and provisions contained in the document entitled "Hold Harmless Agreement
Geological Failure" recorded March 11, 2003 as Instrument No. 2003-0270076 of Official
Records.
15. 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 City of Carlsbad, as disclosed
by Notice of Special Tax Lien recorded March 14, 2003 as Instrument No. 2003-0289324 of
Official Records.
The terms and provisions contained in the document entitled "Amendment to the Notice of
Special Tax Lien (Notice of Annexation" recorded March 14, 2003 as Instrument No. 2003-
0289327 and 2003-0289328, both of Official Records.
16. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded April 1, 2003 as Instrument No. 2003-0362107 of Official Records.
First American Title Insurance Company
Order Ni^|^: NCS-181450-SD
Page Number: 5
17. An easement for reclaimed water line and incidental purposes, recorded May 29, 2003 as
Instrument No. 2003-0631051 of Official Records.
In Favor of: Carisbad Municipal Water District
Affects: A portion of said land
18. Abutter's rights of ingress and egress to or from El Camino Real and Palomar Airport Road have
been dedicated or relinquished on the filed Map.
19. An easement shown or dedicated on the map filed or recorded as Map No. 14600 of Tract Maps
For: Drainage and incidental purposes.
20. Abutter's rights of ingress and egress to or from Palomar Airport Road have been dedicated or
relinquished on the filed Map.
21. An easement shown or dedicated on the map filed or recorded as Map No. 14960 of Tract Maps
For: General Utility and Access and incidental purposes.
22. An easement shown or dedicated on the map filed or recorded as Map No. 14960 of Tract Maps
For: Landscape maintenance and incidental purposes.
23. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions
in the document recorded March 15, 2005 as Instrument No. 2005-0210897 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.
24. The terms and provisions contained in the document entitled "Agreement Regarding Annexation
of Certain Real Property to Street Lighting and Landscape District No. 2 of the City of Carisbad
and Approval of the Levy of Assessment on Such Real Property" recorded March 16, 2005
as Instrument No. 2005-0216793 of Official Records.
25. Covenants, conditions, restrictions and easements in the document recorded March 30, 2005
as Instrument No. 2005-0258429 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 or Section
12955 of the California Government Code. Lawful restrictions under state and federal law on the
age of occupants in senior housing or housing for older persons shall not be construed as
restrictions based on familial status.
26. The terms and provisions contained in the document entitled "Notice of Restriction on Real
Property" recorded June 2, 2005 as Instrument No. 2005-0461222 of Official Records.
First American Title Insurance Company
Order Ni^^r: NCS-181450-SD
Page Number: 6
27. The terms and provisions contained in the document entitled "Declaration of Covenants,
Conditions and Restrictions Regarding Buildings" recorded June 9, 2005 as Instrument No. 2005-
0483802 of Official Records.
Document(s) declaring modifications thereof recorded July 26, 2006 as instrument no. 2006-
0529274 of Official Records.
28. An easement for the construction, operation, repair, reconstruction, and all activities necessary to
construct, reconstruct, operate, maintain, and repair 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 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 August 2, 2005 as instrument no. 2005-0656935 of Official
Records.
In Favor of: Carlsbad Municipal Water District
Affects: a portion of said land.
29. The terms and provisions contained in the document entitled "Declaration of Development
Covenants, Conditions and Restrictions" recorded August 8, 2005 as instrument no. 2005-
0674048 of Official Records.
Document(s) declaring modifications thereof recorded July 26, 2006 as Instrument No. 2006-
0529275 of Official Records.
30. A Deed of Trust to secure an original indebtedness of $3,000,000.00 recorded August 17,
2006 as instrument no. 2006-0587188 of Ofl'icial Records.
Dated: August 15, 2006
Trustor: VPI Bressi Storage, LLC, a California limited liability company
Trustee: First American Title Insurance Company
Beneficiary: Carlsbad Self Storage Investors, LLC, a Delaware limited liability
company
31. The terms and provisions contained in the document entitled "Memorandum of Post-Closing
Obligations" recorded August 23, 2006 as Instrument No. 2006-0602538 of Official Records.
32. The terms and provisions contained in the document entitled "Conditional Use Permit and Special
Use Permit Nos. CUP 05-28 8i SUP 05-14 as referenced in Notice of Restriction on Real Property"
recorded December 20, 2006 as instrument no. 2006-0902697 of Official Records.
33. An easement for Avigation and incidental purposes, recorded February 23, 2007 as instrument
no. 2007-0123963 of Official Records.
In Favor of: County of San Diego
Affects: all of air space in lot 14
34. Rights of parties in possession.
First American Title Insurance Company
Order N^^^r: NCS-181450-SD
Page Number: 7
INFORMATIONAL NOTES
1. Taxes for proration purposes only for the fiscal year 2006-2007.
First Installment: $24,179.62, PAID
Second Installment: $24,179.62, PAID
Tax Rate Area: 09165
APN: 213-261-05-00
(Portion of Bond amount included)
2. Supplemental taxes for the fiscal year 2006-2007 assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
First Installment: $6,953.20, PAID
Penalty: $0.00
Second Installment: $6,953.20, PAID
Penalty: $0.00
Tax Rate Area: 09165
A. P. No.: 859-237-31-25
3. The property covered by this report is vacant land.
4. 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 August 17, 2006 as Instrument No. 2006-0587187 of Official Records.
From: The Kelly Capital Group, Inc., a California corporation
To: VPI Bressi Storage, LLC, a California limited liability company
5. 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.
6. 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:
a. A certificate of good standing of recent date issued by the Secretary of State of the
corporation's state of domicile.
b. 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.
First American Title Insurance Company
Order N^^r: NCS-181450-SD
Page Number: 8
c. 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:
a. 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;
b. A full copy of the partnership agreement and any amendments;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. 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:
a. 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;
b. A full copy of the partnership agreement and any amendment;
c. Satisfactory evidence of the consent of a majority in interest of the limited partners to
the contemplated transaction;
d. 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:
a. 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;
b. A full copy of the partnership agreement and any amendments;
c. Requirements which the Company may impose following its review of the above material
required herein and other information which the Company may require.
E. WITH RESPECT TO A LIMITED LIABILITY COMPANY:
a. A copy of its operating agreement and any amendments thereto;
b. If It is a California limited liability company, a certified copy of its articles of organization
(LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or
restatement of articles of organization (LLC-10) to be recorded in the public records;
c. If it is a foreign limited liability company, a certified copy of its application for
registration (LLC-5) to be recorded in the public records;
First American Title Insurance Company
Order Ni^^r: NCS-181450-SD
Page Number: 9
d. 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 properiy 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 properiy 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.
e. Requirements which the Company may impose following its review of the above materiai
and other information which the Company may require.
F. WITH RESPECT TO A TRUST:
a. A certification pursuant to Section 18500.5 of the California Probate Code in a
form satisfactory to the Company.
b. 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.
c. 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:
a. A statement of information.
The map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent 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.
First American Title Insurance Company
Order N^j^r: NCS-181450-SD
Page Number: 10
LEGAL DESCRIPTION
Real property in the City of Carlsbad, County of San Diego, State of California, described as
follows:
LOT 14 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005.
APN: 213-261-05-00
First American Title Insurance Company
Order Ni^pr: NCS-181450-SD
Page Number: 11
First American Title Insurance Company
Order Nil^j^: NCS-181450-SD
Page Number: 12
Wire Instructions
Banic Name: First American Trust Company
Santa Ana Branch
421 North Main Street
Santa Ana, CA 92701
ABA Number: 122241255
For Credit To: First American Title Insurance Company
Account Number: 13101
Reference: File No.: NCS-181450-SD
Attn: Ralph M. Snyder
Phone: (619)881-3960
FUNDS FOR OTHER LOANS BEING INSURED BY FIRST Ai^ERICAN TITLE MUST NOT BE
COI^BINED INTO ONE WIRE - OR FUNDS I^AY BE RETURNED.
NOTE: ALL WIRES I^UST REFERENCE (1) FIRST AMERICAN TITLE COMPANY AND (2) OUR
ACCOUNT NUMBER - OR FUNDS MAY BE RETURNED
TO ENSURE RECORDING, THE TITLE OFFICER MUST BE ADVISED BEFORE THE WIRE IS
SENT.
DISREGARD IF FIRST AMERICAN IS YOUR ESCROW SETTLEMENT AGENT - - CONTACT
ESCROW OFFICER FOR WIRE INSTRUCTIONS.
The First American Corporation
First American Title Company
Privacy Policy
We Are Committed to Safeguarding 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.
First American Title Insurance Company
Order N^^r: NCS-181450-SD
Page Number: 13
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 ail 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
Order Ni^^r: NCS-181450-SD
Page Number: 14
EXHIBIT A
LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)
1. CALIFORNIA 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, 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; (ill) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) 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; 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
1. 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
First American Title Insurance Company
Order Ni^^r: NCS-181450-SD
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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.
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
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 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.LT.A. ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1. 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. 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 services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
First American Title Insurance Company
Order N^^r: NCS-181450-SD
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6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of;
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (ill) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy;
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of ttie 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 the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the
insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of
the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date
of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy
the insured has advanced or is obligated to advance.
7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of
federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the interest ofthe 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, daims 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 services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public
records.
8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992
First American Title Insurance Company
Order Nu^j^: NCS-181450-SD
Page Number: 17
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; (ill) a separation in ownership or a change in the dimensions or area ofthe land or
any parcel of which the land Is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or
governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims, or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(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 titie 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.
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 regulations concerning:
* land use * land division
* improvements on the land * environmental protection
This exclusion does not apply to violations or the enforcement of these mati:ers 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 Titie Risks.
2. The riqht to take the land by condemning it, unless:
First American Title Insurance Company
Order Ni^^: NCS-181450-SD
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* 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. Titie Risks:
* that are created, allowed, or agreed to by you
* that are known to you, but not to us, on the Policy Date - unless they appeared in the public records
* that result in no loss to you
* that first affect your titie after tiie Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Titie Risks
4. Failure to pay value for your titie.
5. Lack of a right:
* to any land outside the area specifically described and referred to in Item 3 of Schedule A, or
* in sti-eets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Titie Risks.
11. EAGLE PROTECTION OWNER'S POLICY
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998
Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 (Zoning) and 18 (Encroacliment of boundary walls or fences) are subject 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 any law or government regulation. This includes ordinances, laws and
regulations concerning:
a. building b. zoning
c. land use d. improvements on the land
e. land division f. environmental protection
This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the
Public Records at the Policy Date.
This exclusion does not limit the coverage described in Covered Risk 14,15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. a notice of exercising the right appears in the Public Records at the Policy Date; or
b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, S.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the Land.
This exclusion does not limit the coverage described in Covered Risk 11 or 18.
12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.LT.A. ENDORSEMENT FORM 1 COVERAGE
WITH EAGLE PROTECTION ADDED
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, ati:orneys' fees or
expenses which arise by reason of:
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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. This exclusion
does not limit the coverage provided under insuring provisions 14,15,16 and 24 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public Records at Date
of Policy. This exclusion does not limit the coverage provided under insuring provisions 14,15,16 and 24 of this policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not known to the Company, not recorded in the Public Records at Date of Policy, 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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 8,
16, 17, 19, 20, 21, 23, 24 and 25); or
(e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or
failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is
situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the
Insured Mortgage and is based upon:
(a) usury, except as provided under insuring provision 10 of this policy; or
(b) any consumer credit protection or ti-uth in lending law.
6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy.
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:
(a) the transaction creating the interest of the insured mort:gagee being deemed a fraudulent conveyance or fraudulent ti-ansfer; or
(b) the subordination of the interest of the insured mort:gagee as a result of the application of the doctrine of equitable subordination; or
(c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential
transfer results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
8. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the
Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This
exclusion does not limit the coverage provided under insuring provision 7.
9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged
thereon, over liens, encumbrances and other matters affecting titie, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest
is greater as a result of the modification than It would have been before the modification.
This exclusion does not limit the coverage provided under insuring provision 7.
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:
I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE.
13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992
WITH EAGLE PROTECTION ADDED
WITH REGIONAL EXCEPTIONS
When the American Land Titie Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended
Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy.
SCHEDULE B
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason 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.
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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 titie 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.
Part Two:
I. Environmental protection liens provided for by tine following existing statutes, which liens will have priority over the lien of the Insured
Mortgage when they arise: NONE
First American Title Insurance Company