HomeMy WebLinkAboutRP 16-05; CARLSBAD VILLAGE LOFTS; Redevelopment Permits (RP)Ccityot
Carlsbad
-
LAND USE REVIEW
APPLICATION
P-1
Development Services
Planning Division
1635 Faraday Avenue
(760) 602-4610
www.carlsbadca.gov
APPLICATIONS APPLIED FOR: (CHECK BOXES)
Development Permits
D Coastal Development Permit D Minor
D Conditional Use Permit
D Minor D Extension
D Day Care (Large)
D Environmental Impact Assessment
D Habitat Management Permit D Minor
D Hillside Development Permit D Minor
D Nonconforming Construction Permit
D Planned Development Permit D Minor
D Residential D Non-Residential
0 Planning Commission Detennination
D Reasonable Accommodation
D Site Development Plan D Minor
[] Special Use Permit
r"' ill,I Tentative Parcel Map (Minor Subdivision)
ll Tentative Tract Map (Major Subdivision)
LJ Variance D Minor
(FOR DEPT. USE ONLY) Legislative Permits
-
fll' '" -0 " 1-'1 Y1"T6r-'
D General Plan Amendment
D Local Coastal Program Amendment
D Master Plan
D Specific Plan
D Zone Change
OAmendment
OAmendment
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
[] Administrative D Minor Iii!, Major
I O t-J
(FOR DEPT. USE ONLY)
B
NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE ~UBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST
P.T (760} 602~2723 TO SCHEDULE AN APPOINTMENT.
*SAME DAY APPOINTMENTS ARE NOT AVAILABLE
ASSESSOR PARCEL NO(S):
LOCATION OF PROJECT:
NAME OF PROJECT:
BRIEF DESCRIPTION OF
PROJECT:
PROJECT VALUE
(SITE IMPROVEMENTS)
FOR CITY USE ONLY
~o1-1U>-'(7 i -z.07.3:i.o -l~-~c, -'l.Os'-3Zo-~1
IO'('I uirkt."--11!11~ -~~~,.~--
(STREET ADDRESS)
0,<1,W 1/.'IIAJt_L,lf-'-'1'-----------------
ESTIMATED COMPLETION DATE
Development No. _ __,D=...,c._;V'--_,_( _..~_O_I _I}'----Lead Case No.
P-1 Pace 1 of 6 Revised 03/17
DocuSign•Envelope ID: 80B6E166-796E-4942-ADFC-C8733784CE10 ----i
' -ii
',
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME -Sc,./\(. ~,·~I.. INDIVIDUAL NAME
(if applicable): (if applicable):
COMPANY NAME COMPANY NAME A1:c. ~tit\o,,..tA'-(If applicable): (if applicable):
MAILING ADDRESS: P.O. Box 5000, PMB 154 MAILING ADDRESS: 70'1 /6-Sfrt~I, i.\e· '*Uo
CITY, STATE. ZIP: Rancho Santa Fe, CA 92067 CITY, STATE, ZIP; S.,,_ 6 l~ . ,A . 'h./o r
TELEPHONE: 858-756-1210 TELEPHONE: 61'f--o . ., -rro,
EMAIL ADDRESS; janesingh@sbcglobal.net EMAIL ADDRESS: ~"'~~/.(~
'
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE.
SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES OF THIS APPLICATION.
,,...--DocuSlgned by: _;_,,\-It -1 · r· I
SIGNATURE V V 0 DATE SIGNATURE DATE
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 AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
SIGNATURE DATE
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. I/WE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING
RECORDED ON THE TfTLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
THE LAND AND BIND ANY SUCCESSORS IN INTEREST.
* e°"""'"""' by,
,IAl,l,l,l,-~;,.-w\1•1.1.II!<,-'~~~~--------
. -PMPERTY OWNER SIGNATURE . 5~41241B78E9492 ...
FOR CITY USE ONLY
P-1 Paoe 2 of 6
RECEIVED
MAY 2 2 2018
CITY OF Cf\HLSfV\D
PLANNING DIVl~,iUN
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 03/17
'
OWNER NAME (Pl.EASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME INDIVIDUAL NAME
pr applicable~ (II appllcablat
COMPANY NAME \W l t COMPANY NAME
!if appHcable~ (rr.11"). l~L ~r applicable):
MAILING ADDRESS: MAILING ADDRESS: '.:.'.h7..)Q J" lw\=,o {JJA:J "'sf J.-
CITY, STATE, ZIP: t}.,_t:)-i 1,Jt-( ('fo t:; µ:, 0 ':f. CITY, S'fATE, ZIP:
TELEPHONE: TELEPHONE:
EMAIL AOORESS: EMAIi. ADDRESS:
I CERTIFY THAT I AM TIIE LEGAL OWNER ANO THAT ALL THE ABOVE I CERTIFY THAT I NA THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO 1liE DEST OF MV ANO THAT AU THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE Al'PLIC/\NT AS THE BEST OF MY KNOWLEDGE
8l;T FORTH HfRl!IN IS MY AUTHORIZED REPRESENTATIVE FOR
PURP~ISAPPLICATION. M.... ' 0 , 5-J..1-,~
SlGNf. DATE SIGNATUIIB DATE -
APPLICANT'S REPRESENTATIVE (Pri"'):
MAILING ADDRESS:
CHY, STATE, ZIP:
TELEPHONE;
EMAIL ADDRESS:
I CERTIFY THAT I AM Tf4E REPRESENTATIVE OF THE APPl.lCANT FOR
PURPOSES OF THIS APPLICl'.TION AND THAT All THE ABOVE
INFORMATION 18 TRUE ANO CORRECT TO THE BEST OF MV
KNOWLEDGE.
SIGNATURE DATE-.
IN THE PROCESS Of REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING
COMMISSIONE:RS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS
APPLICATION. IMIE CONSENT TO ENTRY FOR THIS PURPOSE.
NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES ANO CONSENTS TO A NOTICE Of RESTRICTION BEING
IU:CORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH
lHE LAN~NY~SSORSIN INTEREST. * ~ OWNER SIGNATURE
FOR CITY USE ONLY
P·1 Page2ol6
r~r'"'."1\''..~D
. MAY 2 2 2018
RM,ia,d 03117
...... , ... .
OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT)
INDIVIDUAL NAME ~,-t:'-11,~l, :!Al'!-~...,,__ INDIVIDUAL NAME
(if applicable): (if applicable): • COMPANY NAME COMPANY NAME
(if applicable): . (if applicable):
MAILING ADDRESS: J2.. £1 f.e1t110 Gf.. MAILING ADDRESS:
CITY, STATE, ZIP: ~ ;;,,.,.,:c.. t UI CITY, STATE, ZIP: • TELEPHONE: 'f.l{--1112 -l1.1'-J.. TELEPHONE:
EMAIL ADDRESS: EMAIL ADDRESS:
I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER
INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO
KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE,
\ SE;T FORTH~REIN IS MY AUTHORIZED REPRESENTATIVE FOR
PURPOSES F HIS APPLICATION, .
ikT. . v,-5~21-li
(J ·<;IGNAI URE DATE SIGNATURE DATE
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 AND CORRECT TO THE BEST OF MY
KNOWLEDGE,
SIGNATURE DATE
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, I/WE CONSENT TO ENTRY 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 BIND ANY SUCCESSORS IN INTEREST.
PERTY OWNER SIGNATURE
FOR CITY USE ONLY
P-1 Paae 2of 6
REC'::IVED
MAY 2·2 2018
CITY 01 C/'.l<Li:,H!' D·
PLAN~,!~~C D!V!~_".JN
DATE STAMP APPLICATION RECEIVED
RECEIVED BY:
Revised 03/17
avrp
Date:
To:
Re:
Project:
Don,
Carlsbad Village Lofts
May 21, 2018
Don Neu
Carlsbad Village Drive & 1-5 Freeway
MS 16-06/RP 16-05 -Carlsbad Village Lofts
Please accept this letter as our request for a Permit Extension.
Architecture 703 16th street
Interior Design Suite 200
Planning San Diego
California 92101
P 619. 704 .2700
F 619.704.2699
Thank you for the continued assistance on this project. If you need any additional
information from us to process this request, please let us know.
Thank you,
Evan Gerber
tfv:)7/----_
AGC Development, LLC
Manager
5/21/2018
'
r ....
Order r-,1\,er: NCS-708250-SD
Page Number: 1
January 09, 2017
Update
First American Title Insurance Company
National Commercial Services
January 09, 2017
Evan Gerber
Evan Gerber
7036 16th Street, Suite 200
San Diego , CA 92101
Phone: (619)573-8803
Fax:
Customer Reference:
Title Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
4380 La Jolla Village Drive, Suite 110
San Diego, CA 92122
Dennys Property
Vince Tocco/ Linda Slavik
(858)410-3886
(877)461-2094
vtocco@firstam.com
AGC Development, LLC
Grant Holdings, LLC
1048 Carlsbad Village Drive, Carlsbad, 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 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 ~er: NCS-708250-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 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.
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.
Rrst American Tltle Insurance Company
Dated as of January 04, 2017 at 7:30 A.M.
The form of Policy of title insurance contemplated by this report is:
ALTA Standard Loan Policy and
ALTA Standard Owner Policy
Order ~ber: NCS-708250-SD
Page Number: 3
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:
GRANT HOLDINGS, LLC
The estate or interest in the land hereinafter described or referred to covered by this Report is:
FEE as to Parcel A and Easement as to Parcels B and C
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 2017-2018, a lien not yet due or
payable.
2. General and special taxes and assessments for the fiscal year 2016-2017.
First Installment: $2,738.93, PAID
Penalty: $0.00
Second Installment: $2,738.93, OPEN
Penalty: $0.00
Tax Rate Area: 09098
A. P. No.: 203-320-39-00
3. This item has been intentionally 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. An easement for public utilities and incidental purposes, recorded July 6, 1926 in Book 1209 of
Deeds, Page 443.
In Favor of:
Affects:
San Diego Gas and Electric Company
as described therein
6. Abutter's rights of ingress and egress to or from freeway adjacent have been relinquished in the
document recorded October 18, 1954 as Instrument No. 1_3_<)_585 of Official Records .
First American Title Insurance Company
., ..
Order ~ber: NCS-708250-SD
Page Number: 4
7. An easement for public highway and incidental purposes, recorded September 14, 1956 as 13oo_k_
6256, Page;i50 of Official Records.
In Favor of: City Of Carlsbad, a Municipal Corporation
Affects: as described therein
8. A lease dated June 04, 1971, executed by John H. Grant and Mary C. Grant as lessor and Harold
Butler Enterprises, #362, Inc., a california Corporation as lessee, recorded September 30, 1971
as Instrument No. 224751 of Official Records.
Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not
shown by the public records.
9. An easement for public utilities and incidental purposes, recorded November 28, 1972 as
Instrument No. 317636 of Official Records.
In Favor of:
Affects:
-~---
San Diego Gas and Electric Company
as described therein
The location of the easement cannot be determined from record information.
10. Abutter's rights of ingress and egress to or from Grand Avenue have been relinquished in the
document recorded December 21, 1972 as Instrument No. 3,39995 of Official Records.
11. The Terms, Provisions and Easement(s) contained in the document entitled "Reciprocal Easement
Agreement" recorded September 16, 1982 as Instrument No. 82-288348 of Official Records.
12. The terms and provisions contained in the document entitled "Agreement for Joint Use of Parking
Facilities and Grant of Reciprocal Parking Licenses" recorded September 16, 1982 as Instrument
No. 288349 of Official Records.
13. An easement for public utilities and incidental purposes, recorded October 06, 1982 as
Instrument No. 82-307670 of Official Records.
In Favor of:
Affects:
San Diego Gas and Electric Company
as described therein
14. A deed of trust to secure an original indebtedness of $3,500,000.00 recorded February 26,
2007 as Instrument No. 07-1~416 of Official Records.
Dated:
Trustor:
Trustee:
Beneficiary:
February 22, 2007
Grant Holdings, LLC
Temecula Valley Bank
Temecula Valley Bank
According to the public records, the beneficial interest under the deed of trust was assigned to
First-Citizens Bank & Trust Company by assignment recorded August 02, 2010 as Instrument No.
2010-0391343 of Official Records.
15. This item has been intentionally deleted.
16. Rights of parties in possession.
First American Title Insurance Company
Order i::iber: NCS-708250-5D
Page Number: 5
17. Any claim that the l7tle is subject to a trust or lien created under The Perishable Agricultural
Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C.
§§181 et seq.) or under similar state laws.
18. An easement for street purposes and incidental purposes, recorded September 10, 1982 as
Instrument No. 1982-281117 of Official Records.
In Favor of: The City of Carlsbad
Affects: as described therein
Rrst American Title Insurance Company
INFORMATIONAL NOTES -----------------
Order ·~ber: NCS-708250-SD
Page Number: 6
1. According to the latest available equalized assessment roll in the office of the county tax
assessor, there is located on the land a(n) Commercial Structure known as 1048 Carlsbad Village
Drive, Carlsbad, CA.
2. 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:
None
3. 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.
4. 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
Rrst American Title Insurance Company
-' Order ~ber: NCS-7082S0-SD
Page Number: 7
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
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 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;
3. 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;
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
-Order ~ber: NCS-708250-SD
Page Number: 8
LEGAL DESCRIPTION
Real property in the City of carlsbad, County of San Diego, State of California, described as
follows:
PARCEL A:
THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CHY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP THEREOF NO.
H\6!, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1,
191S, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF ELM
AVENUE, WHICH IS ALSO THE SOUTHEASTERLY LINE OF SAID TRACT 117 WITH THE
WESTERLY BOUNDARY LINE OF SAID TRACT 117 OF CARLSBAD LANDS, AS SHOWN ON SAID
MAP NO. 1661, RUNNING THENCE SOUTH 55°27' WEST, 1043. 77 FEET; THENCE NORTH 34°33'
WEST, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 55°27' WEST, 93. 75
FEET; THENCE NORTH 34°33' WEST 150 FEET; THENCE NORTH 55°27' EAST 93. 75 FEET TO
THE NORTHEASTERLY CORNER OF A TRACT OF LAND CONVEYED TO RUDOLPH SONNEMANN
AND JANE SONNEMANN, BY DEED DATED OCTOBER 27, 1921 AND RECORDED IN BOOK 861,
PAGE 452 OF DEEDS; THENCE ALONG THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN
DEED TO AUGUSTA ASMUS BY DEED DATED OCTOBER 20, 1922, RECORDED IN B9OK 908,
PAGE 423 OF DEEDS, NORTH 55°27' EAST TO THE EASTERLY LINE OF THE LAND DESCRIBED
IN DEED FROM THE STATE OF CALIFORNIA, TO MORTEN NIELSEN, ET UX, RECORDED
OCTOBER 18, 1954 AS DOCUMENT NO. 139585 OF OFFICIAL RECORDS; THENCE ALONG SAID
EASTERLY LINE, SOUTH 19°16'45" EAST TO AN ANGLE POINT AND SOUTH 23°08'50" EAST, TO
A POINT IN A LINE WHICH JS PARALLEL WITH AND 243 FEET SOUTHEASTERLY FROM SAID
SOUTHEASTERLY LINE OF ASMUS LAND, ABOVE MENTIONED; THENCE SOUTH 55°27' WEST,
ALONG SAID PARALLEL LINE TO A LINE WHICH BEARS SOUTH 34°33' EAST FROM THE TRUE
POINT OF BEGINNING; THENCE NORTH 34°33' WEST, 93 FEET TO THE TRUE POINT OF
BEGINNING.
ALSO KNOWN AS A PORTION OF PARCEL 2 OF PARCEL MAP NO. 1311, FILED FEBRUARY 16,
1973 AS FILE NO. 73-042632 OF OFFICIAL RECORDS.
EXCEPTING THAT PORTION LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE AT A POINT ON THE CENTER LINE OF ELM AVENUE, DISTANT
ALONG SAID CENTER LINE, NORTH 55°58'03" EAST, 617.13 FEET FROM THE INTERSECTION OF
SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY FIFTH STREET);
THENCE NORTH 34°01'57" WEST, 40.00 FEET; THENCE NORTH 10°10'18" WEST, 3.72 FEET TO
THE TRUE POINT OF BEGINNING; THENCE (1) CONTINUING NORTH 10°10'18" WEST, 315.51
FEET; THENCE (2) NORTH 16°37'24" WEST 175.70 FEET; THENCE (3) NORTH 17°51'38"WEST,
566.95 FEET; THENCE (4) NORTH 22°33'07" WEST, 490.19 FEET TO A POINT ON THE CENTER
LINE OF KNOWLES AVENUE, DISTANT ALONG SAID CENTER LINE, SOUTH 89°06'33" EAST
202.07 FEET FROM THE INTERSECTION OF LAST SAID CENTER LINE WITH THE EASTERLY LINE
OF BLOCK 13, SUNNY SLOPE TRACT OF CARLSBAD ACCORDING TO MAP THEREOF NO. 995,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 6, 1906.
PARCEL B:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PARKING PURPOSES OVER
AND ACROSS THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD,
Rrst American Title Insurance Company
-' '""""' Order ~ber: NCS-708250-5D
Page Number: 9
COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP
THEREOF NO. 1_~61, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO
COUN1Y, MARCH 1, 1915, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTER LINE OF ELM AVENUE, DISTANT ALONG SAID
CENTER LINE, NORTH 55°21'20" EAST 617.13 FEET FROM THE POINT OF INTERSECTION OF
SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY STH STREET);
THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°01'57" WEST) 40.00 FEET; THENCE
NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 3.72 FEET TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED JUNE 10, 1969 AS FILE NO. 102186 OF OFFICIAL RECORDS; THENCE ALONG THE
WESTERLY LINE THEREOF, NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 182.29
FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00
FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ELM AVENUE, SAID
POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 10°47'01" WEST
40.45 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED AS PARCEL 2
IN DEED TO JOHN H. GRANT, ET UX, RECORDED FEBRUARY 6, 1969 AS FILE NO. 22629 OF
OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID GRANT'S LAND, SOUTH
55°21'20" WEST (RECORD SOUTH 55°27' WEST) 9.70 FEET TO THE MOST SOUTHERLY CORNER
OF SAID GRANT'S LAND; THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°33' WEST)
93.00 FEET; THENCE SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 93.75 FEET;
THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°33' WEST) 12S.00 FEET TO THE
SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE CI1Y OF CARLSBAD,
RECORDED SEPTEMBER 14, 1956 IN BOOK 6256, PAGE 550 OF OFFICIAL RECORDS; THENCE
LEAVING SAID GRANT'S LAND AND ALONG SAID SOUTHEASTERLY LINE AND THE
SOUTHWESTERLY PROLONGATION THEREOF SOUTH 55°21'20" WEST (RECORD SOUTH 55°27'
WEST) 60.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LAND DESCRIBED IN DEED
TO JOHN HARVEY GRANT, ET UX, RECORDED MAY 19, 1971, AS FILE NO. 103578 OF OFFICIAL
RECORDS; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 34°38'40" EAST (RECORD
SOUTH 34°33' EAST) 200.00 FEET TO THE MOST EASTERLY CORNER THEREOF; THENCE ALONG
THE SOUTHEASTERLY LINE OF SAID LAND AND THE SOUTHEASTERLY PROLONGATION
THEREOF, SOUTH 55°21'20" WEST (RECORD SOUTH 55°27' WEST) 66.68 FEET TO THE MOST
NORTHERLY CORNER OF LAND DESCRIBED AS PARCEL 1 IN DEED TO JOHN H. GRANT, ET UX,
RECORDED FEBRUARY 6, 1969 AS FILE NO. 22629 OF OFFICIAL RECORDS; THENCE ALONG
SAID GRANT'S LAND, SOUTH 34°38'40" EAST (RECORD SOUTH 34°33' EAST) 55.00 FEET TO A
POINT IN SAID LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00 FEET,
MEASURED AT RIGHT ANGLES, FROM SAID CENTER LINE OF ELM AVENUE; THENCE ALONG
SAID PARALLEL LINE NORTH 55°21'20" EAST, 213.76 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL C:
AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES OVER AND ACROSS
THAT PORTION OF TRACT 117 OF CARLSBAD LANDS, IN THE Cl1Y OF CARLSBAD, COUN1Y OF
SAN DIEGO, STATE OF CALIFORNIA, AS SAID TRACT 117 IS SHOWN ON MAP THEREOF NO.
1661, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, MARCH 1,
1915, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTER LINE OF ELM AVENUE, DISTANT ALONG SAID
CENTER LINE, NORTH 55°21'20" EAST 617.13 FEET FROM THE POINT OF INTERSECTION OF
SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET (FORMERLY 5TH STREET);
THENCE NORTH 34°38'40" WEST (RECORD NORTH 34°01'57" WEST) 40.00 FEET; THENCE
NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 3.72 FEET TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA,
RECORDED JUNE 10, 1969 AS FILE NO. 102186 OF OFFICIAL RECORDS; THENCE ALONG THE
Rrst American Title Insurance Company
' Order ~ber: NCS-708250-5D
Page Number: 10
WESTERLY LINE THEREOF, NORTH 10°47'01" WEST (RECORD NORTH 10°10'18" WEST) 182.29
FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY 210.00
FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF SAID ELM AVENUE; THENCE
ALONG SAID PARALLEL LINE, SOUTH 55°21'20" WEST 32.80 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING SOUTH 55°21'20" WEST 27.34 FEET; THENCE SOUTH
10°47'01" EAST 185.89 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID TRACT 117;
THENCE ALONG SAID SOUTHEASTERLY LINE, NORTH 55° 21' 20" EAST 27.34 FEET THENCE
LEAVING SAID SOUTHEASTERLY LINE, NORTH 10° 47' 01" WEST 185.89 FEET TO THE POINT
OF BEGINNING.
APN: 203-320-39-00
First American 7/tle Insurance Company
--Order 'm!!!(ber: NCS-708250-SD
Page Number: 11
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.
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 77tle Insurance Company
'-
-,
Order t1!111,ber: NCS-708250-5D
Page Number: 12
CL TA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (02-03-10)
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; (d) improvements on the Land;
(b) zoning; (e) land division; and
( c) land use; (f) environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion
does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks;
(a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
(b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
(c) that result in no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
(b) in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar creditors' rights laws.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21
Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Your Deductible Amount
Covered Risk 16: 1 % of Polic.y Amount or $2,500.00 (whichever is less)
Covered Risk 18: 1% of Polic.y Amount or $5,000.00 (whichever is less)
Covered Risk 19: 1% of Polic.y Amount or $5,000.00 (whichever is less)
Covered Risk 21: 1% of Polic.y Amount or $2,500.00 (whichever is less)
Qur Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
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:
(a) and use
(b) improvements on the land
(c) and division
( d) 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) a notice of exercising the right appears in the public records on the Policy Date
(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
First American Title Insurance Company
3. Title Risks:
(a) that are created, allowed, or agreed to by you
Order i'l!ffl'i'ber: NCS-708250-5D
Page Number: 13
(b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records
(c) that result in no loss to you
{d) 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.
5. Lack of a right:
(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR
(b) in streets, alleys, or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06}
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
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 damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any 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),
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
Rrst American Tltle Insurance Company
Order ~ber: NCS-708250-SD
Page Number: 14
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 T11:le 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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
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 damage to the Insured Claimant;
d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered
Risk 11, 13, or 14); or
e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any 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).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
First American Title Insurance Company
Order i'fflr!l'ber: NCS-708250-5D
Page Number: 15
l. (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.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this polic.y, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement erected on the Land;
iii. the subdivision of land; or
iv. environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or
limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
b. Any governmental police power. This Exclusion 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 that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable
doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by
the Insured Mortgage and is based upon usury or any 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 ll(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.
9. 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 27(b) of this policy.
Rrst American Title Insurance Company