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Home My WebLink AboutSDP 15-18; PACIFIC WIND; Site Development Plan (SDP){'city of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) Ii] Coastal Development Permit (') 0 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 D Planning Commission Detennination D Reasonable Accommodation © Site Development Plan D Minor D Special Use Permit ~ Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) D Variance D Minor GDP 11 A-ni.+ 'S~i:_,,r W:o \~-0\ D General Plan Amendment D Local Coastal Program Amendment (') D Master Plan D Amendment D Specific Plan D Zone Change (') •Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (') = eligible for 25% discount B NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 204-292-02, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 27, 204-291-27, 26, 25, 24, 23, 19, 20, 21, 22, 14 PROJECT NAME: Pacific Wind ------------------------------------ BRIEF DESCRIPTION OF PROJECT: Demolition of 22 residential structures and construction of a 90 unit affordable apartment project. BRIEF LEGAL DESCRIPTION: See attached. ----------------------------- LOCATION OF PROJECT: Harding Street, cross streets Jefferson Street and Magnolia Avenue STREET ADDRESS ON THE: East SIDE OF Jefferson Street BETWEEN P-1 (NORTH, SOUTH, EAST, WEST) Carol Place (NAME OF STREET) AND -------------------------(NAME OF STREET) Magnolia Avenue (NAME OF STREET) Page 1 of 6 ... ,..,,. OWNER NAME APPLICANT NAME (Print): (Print): Harding Street Neighbors, LP Harding Street Neighbors, LP MAILING ADDRESS: 14211 Yorba Street, Ste. 200 MAILING ADDRESS: 14211 Yorba Street, Ste. 200 CITY, STATE, ZIP: Tustin, CA 92780 CITY, STATE, ZIP: Tustin, CA 92780 TaEPHONE: 714-288-7600, X 250 TELEPHONE: 714-288-7600, X 250 EMAIL ADDRESS: todd@c-cdev.com EMAIL ADDRESS: todd@c-cdev.com 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 ~- PURPOS~LICAIIGN,· I /1, "'t /lfo \L-z, 1-111p_ ~----- SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Debra Pember, Developers Edge MAILING ADDRESS: 215 So. Hart Place CITY, STATE, ZIP: Fullerton, CA 92831 TELEPHONE: 714-334-8385 EMAIL ADDRESS: debra@developersedge.com 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 ANDJ311-IDcA1'l'\',8UCCESSORS IN INTEREST. ~ FOR CITY USE ONLY ~{)--- DATE STAMP APPLICATION RECEIVED RECEIVED BY: FEB O 9 2016 P-1 Page 2 of 6 Revised 07/15 ,,. ...... -----------.!!"-·--------------""'-------------. Ccityof Carlsbad TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1(F) Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.:, __________ _ Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. Signer is ( check one): _..=_.=_ _____ T....:..:o:..:cl:..:J_C=.c,=.,t\.:.:..::l.e__=--___.:2~/c_'6~/I~<,,::___ 181Property Owner [8Applicant Signature Print Name Date Signer is (check one): ________________________ •Property Owner •Applicant Signature Print Name Date P-1(F) Rev. 04/13 {'city of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) ~ Coastal Development Permit (*) D Minor D Conditional Use Permit t•) D Minor D Extension D Day Care (Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D HIiiside Development Permit(*) D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation Site Development Plan Special Use Permit D Minor Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor t~~ \vt'\ •• ;.-,a. ~~ \i,-0\ D General Plan Amendment D Local Coastal Program Amendment t•) D Master Plan D Specific Plan D Zone Change t•) •Amendment •Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major VIiiage Rev/-Area Permits D Review Permit D Administrative D Minor D Major t•) = eligible for 25% discount B NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P .M. ASSESSOR PARCEL NO(S).: 204-292-01, 02, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 27, 204-291-27, 26, 25, 24, 23, 19, 20, 21, 22, 14, 16, 17 PROJECT NAME: Pacific Wind ----------------------------------BRIEF DESCRIPTION OF PROJECT: Demolition of 25 residential structures and construction of a 120 unit affordable apartment project. BRIEF LEGAL DESCRIPTION: LOCATION OF PROJECT: Harding Street, cross streets Jefferson Street and Magnolia Avenue STREET ADDRESS ON THE: East SIDE OF Jefferson Street -------------~---------- BElWEEN P-1 (NORTH, SOUTH, EAST, WEST) Carol Place (NAME OF STREET) (NAME OF STREET) AND Magnolia Avenue (NAME OF STREET) Page 1 of6 :Dev 1So5so1,1s r OWNER NAME APPLICANT NAME (Print}: (Print}: Harding Street Neighbors, LP Harding Street Neighbors, LP MAILING ADDRESS: 14211 Yorba Street, Ste. 200 MAILING ADDRESS: 14211 Yorba Street, Ste. 200 CITY, STATE, ZIP: Tustin, CA 92780 CITY, STATE, ZIP: Tustin, CA 92780 TELEPHONE 714-288-7600, X 250 TELEPHONE: 714-288-7600, X 250 EMAIL ADDRESS: todd@c-cdev.com EMAIL ADDRESS: todd@c-cdev.com 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 PURP~ 't>/Z.1/1.,- SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print}: Debra Pember, Developers Edge MAILING ADDRESS: 215 So. Hart Place CITY, STATE, ZIP: Fullerton, CA 92831 TELEPHONE: 714-334-8385 EMAIL ADDRESS: debra@developersedge.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS ;)_UE AND CORRECT TO THE BEST OF MY KNO'J!' L_ ~/-J-1 / I 5' ·.,, ,t//J ,,,, ,,., J JI V J SIGNATURE ' ORIE 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 LANDA~S IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 RECEIVED AUG 2 7 2015 CITY OF CARLSBAD DATE!tJ:rAM~~ei..ro~ -cEIVED RECEIVED BY: Revised 07/15 C City of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of All persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Todd Cootie Corp/Part Harding Street Neighbors, LP Title Authorized Signatory Title _____________ _ Address 14211 Yorba St., Suite 200 Address Tustin, CA 92780 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of All persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Todd Cottle Title Authorized Signatory Address 14211 Yorba St., Suite 200 Tustin, CA 92780 Corp/Part Harding Street Neighbors, LP Title _____________ _ Address ____________ _ Page 1 of2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust________ Non Profit/Trust. _________ _ Title ___________ _ Title _____________ _ Address __________ _ Address ____________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes l ✓I No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. _.::;__ ___ ..:...;~ /....:..Z-_;;_1:6/--=I ''----i).Jµ, /} I Signature of owner/date Signature of applica~ Todd Cottle, Authorized Signatory Print or type name of owner Print or type name of applicant s;,&:..iJrd. "'"'. applicabO,dat, Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 --------------,--------------------;---------------, C_cityof Carlsbad PROJECT NAME: APPLICANT NAME: PROJECT DESCRIPTION P-1(8) Pacific Wind Harding Street Neighbors, LP Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This is an application for a Site Development Plan to demolish 25 residential structures and replace them with construction of a 120 unit affordable apartment project at Carol Place and Harding Street. The project site, an approximately 212,572 square foot (4.80 acres) lot, is currently developed with 50 duplex units. Our request includes vacating Harding Street and Carol Place and converting the existing lots to a two parcel project. The intent is to phase the project into two phases and develop one phase at a time. The 120 affordable apartment community will be held and maintained by the applicant, upon completion. The applicant Harding Street Neighbors, LP, is a partnership between C & C Development and Innovative Housing Opportunities, a non- profit organization. Both partners have a long standing track record of developing affordable housing communities. The proposed project has been reviewed by the City through the Preliminary Review process. A comment letter was sent to Harding Street Neighbors, LP, on January 13, 2015. This Site Development Submittal addresses all of the comments. We believe that the proposed project will enhance the neighborhood with quality apartments and provide much needed affordable housing. We look forward to working with the City towards our common goals. P-1(B) Page 1 of 1 Revised 07/10 PACIFIC WIND Harding Street Neighbors, LP PROPERTY ADDRESS: 3701,3702,3703,3712,3713,3714,3715,3724,3736,3748,3760,3772,3784, 3796,3801,3802,3803,3804,3813,3814,3826,3827,3836,3737,3749,3761, 3775 & 3785 Harding Street, Carlsbad, CA 844 Carol Place, Carlsbad, CA 3824 Jefferson Street, Carlsbad, CA 901 Magnolia & Magnolia Avenue, Carlsbad, CA LEGAL DESCRIPTION: The land referred to herein below is situated in the City of Carlsbad, County of San Diego, State of California, and is described as follows: PARCEL A: Lots 1, 2, 3 to 13, inclusive, and 25 to 33 inclusive, and Lot 35 and Lot 36 of Palm Vista in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 2969, filed in the office of the County Recorder of San Diego County, March 16, 1953. PARCEL B: That portion of Lot 236 of the lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the office of the County Recorder of San Diego County, December 9, 1915. PARCELC: Lot 24 of Palm Vista in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2969, filed in the office of the County Recorder of San Diego County, March 16, 1953. APN: PARCEL A: 204-292-01 (Lot 1); 204-292-02 (Lot 2); 204-292-10 (Lot 3); 204-292-11 (Lot 4); 204-292-12 (Lot 5); 204-292-13 (Lot 6); 204-292-14 (Lot 7); 204-292-17 (Lot 8); 204-292-18 (Lot 9); 204-292-19 (Lot 10); 204-291-20 (Lot 11); 204-292-21 (Lot 12); 204-292-22 (Lot 13); 204-291-26 (Lot 25); 204-291-25 (Lot 26); 204-291-24 (Lot 27); 204-291-23 (Lot 28); 204-291-19 (Lot 29); 204-291-20 (Lot 30); 204-291-21 (Lot 31); 204-291-22 (Lot 32); 204-291-14 (Lot 33); 204-291-16 (Lot 35); 204-291-17 (Lot 36) PARCEL B: 204-292-16 PARCEL C: 204-291-27 ('city of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Harding Street Neighbors, LP Address: 14211 Yorba Street, Ste. 200 Tustin, CA 92780 Phone Number: 714-288-7600, X 250 Address of Site: See attached PROPERTY OWNER Name: Harding Street Neighbors, LP Address: 14211 Yorba St., Ste. 200 Tustin, CA 92780 Phone Number: 714-288-7600, X 250 Local Agency (City and County): City of Carlsbad, County of San Diego 204-292-01,02, 10, 11, 12, 13, 14, 15, 17, 18, 19,20,21,22,27, 204-291-27 ,26,25,24,23, 19,20,21,22, 14, 16, 17 Assessor's book, page, and parcel number: ___________________ _ Specify list(s): ____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: ____________________________ _ 4'/23/ IS: Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: ____________ (To be completed by City) Application Number(s): _________________________ _ General Information 1. 2. Name of project: _P_a_c_ifi_1c_W_in_d _________________ _ Name of developer or project sponsor: _H_a_r_d_i_n_g_S_t_r_e_e_t_N_e_ig_h_b_o_r_s_,_L_P ___ _ Address: ________ 1_4_2_1_1_Y_o_r_b_a_S_tr_e_e_t,_S_t_e_. _20_0 ___ _ City, State, Zip Code: _____ T_u_s_ti_n_, _C_A_9_2_7_8_0 ________ _ Phone Number: ______ 7_1_4_-_2_88_-_7_6_0_0_, _x_2_5_0 ______ _ 3. Name of person to be contacted concerning this project: ____________ _ 4. 5. 6. 7. 8. 9. Address: ___________________________ _ City, State, Zip Code: _______________________ _ Phone Number: _________________________ _ Address of Project: _S_e_e_a_tt_a_c_h_e_d ________________ _ 204-292--01,02, 10, 11, 12, 13, 14, 16, 17, 18, 19,20,21,22,27, 204-291-27 ,26,25,24,23, 19,20,21,22, 14, 16, 17 Assessor's Parcel Number: _____________________ _ List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Site Development Plan, Parcel or Final Tract Maps G P U D . R-30, 23-30 unltslac. GMCP & RHNA base density of 25 unitslac. Existing eneral Ian Land se esignatIon: ________________ _ Existing zoning district: RD-M (Residential Density-Multiple) Existing land use(s): _2_5_re_s_i_d_e_n_ti_a_l _st_r_u_ct_u_re_s_-_S_0_d_u_p_l_e_x_u_n_i_ts_._· -- Proposed use of site (Project for which this form is filed): 120 Affordable Apartments (Six apartment buildings plus one community building) Project Description 10. Site size: _5_._2_2_a_c_r_e_S ____________________ _ 11. 12: 13. 14. P-1 (D) Proposed Building square footage: ___________________ _ N b f fl f t t. 3 floors in each of the six apt. buildings; 2 floors in Community Room um er o oors o cons rue I0n: ____________________ _ 120 carport spaces, 90 uncovered spaces plus 3 handicap Amount of off-street parking provided: __________________ _ Associated projects: ________________________ _ Page 2 of4 Revised 07/10 ,,· " 15. If residential, include the number of units and schedule of unit sizes: Six apartment buildings that contain a mix of the following unit types: 30 1-bed units (722 s.f. each), 30 2-bed units (909 s.f. each), 60 3-bed units (1,124 s.f. each) 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: ____ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ P-1(0) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or O 0 roads. 22. Change in pattern, scale or character of general area of project. 0 0 23. Significant amounts of solid waste or litter. 0 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 0 27. Site on filled land or on slope of 10 percent or more. 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 0 0 31. Relationship to a larger project or series of projects. 0 0 Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Signature: ---~---'==-----==----------- For: P-1(D) Page4 of 4 Revised 07/10 ' Pacific Wind Apartments CEQA Analysis The Pacific Wind Apartments {"Project") project proposes the development of 93 affordable multi- family, rental residential units on approximately 4.04 acres in the City of Carlsbad. The Project consists of 211-bedroom units, 18 2-bedroom units, and 54 3-bedroom units. The Project site is located south of Magnolia Avenue and east of Jefferson Street in Carlsbad. The Project site is currently developed with 44 duplex residential homes. The immediate area surrounding project is developed with residential uses and a school. The City has determined that the Project is exempt from CEQA pursuant to Section 15194 of the CEQA Guidelines {14 Cal. Code of Regs. § 15194) which exempts certain affordable housing projects that meet the thresholds set forth in the Sections 15194 and 15192 of the CEQA Guidelines. This analysis sets forth the City's findings as to the applicability of and its reliance on the affordable housing exemption. Section 15194 states that CEQA does not apply to any development project that meets specific criteria. Each of the criteria set forth in Section 15194 is set out below and an explanation provided demonstrating how the project meets and satisfies the criteria. The criteria set out in Section 15194 are the same criteria set forth in CEQA Section 21159.23 and the findings set forth herein satisfy both Section 15194 of the CEQA Guidelines and CEQA Section 21159.23. (a) The project meets the threshold criteria set forth in [CEQA Guidelines] section 15192. The Section 15192 analysis is provided at the end of this discussion. {b} The project meets the following size criteria: the project site is not more than five acres in area. Finding: The project site is 4.04 acres in size. (c) The project meets both of the following requirements regarding location: {1) The project meets one of the following location requirements relating to population density: A. The project site is located within an urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile. 8. If the project consists of 50 or fewer units, the project site is located within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons. C. The project is located within either an incorporated city or a census defined place with a population density of at least 1,000 persons per square mile and there is no reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. Revised 05/13 Finding: The project is located in the City of Carlsbad in an urbanized, developed area and falls within the population density described in Section (c)(l)(C). The Project proposes the replacement of existing residences with new multi-family residences. The City has reviewed a Focused Traffic Impact Analysis and has concluded that project presents no significant impacts. The City has not identified any unusual circumstances or cumulative impacts that would result in significant impacts. Although the Project proposes the vacation of a portion of Harding Street, the City has reviewed a circulation study that examines the impact of the proposed vacation and determined that no adverse impacts would result to traffic circulation or parking. (2) The project meets one of the following site-specific locotion requirements: A. The project site has been previously developed for qualified urban uses; or B. The parcels immediately adjacent to the project site are developed with qualified urban uses. C. The project site has not been developed for urban uses and all of the following conditions are met: 1. No parcel within the site has been created within 10 years prior to the proposed development of the site. 2. At least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses. 3. The existing remaining 25 percent of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses. Finding: "Qualified urban use" means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses (CEQA Guidelines Section 15191(k)). The project satisfies criteria (2)(A) because the project site is currently developed with residential uses which is a "qualified urban use." The project also satisfies criteria (2)(B) because the immediately adjacent parcels to the project site are developed residential uses and a school, both of which are considered "qualified urban uses." D. The project meets both of the fol/awing requirements regarding provision of affordable housing. 1. The project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households. 2. The developer of the project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least 30 years, at monthly housing costs deemed to be "affordable rent" for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code. Finding: The Project consists of the construction of 92 units of affordable residential housing that will be made available to low-income households. The development includes a unit for the project's resident managers. The project will be restricted to lower income households for a period of 55 years by the Affordable Housing Agreement as well as the California Tax Credit Allocation Committee and will be developed consistent with the City regulatory agreement for this affordable housing development. Revised 05/13 Section 15192 Compliance CEQA Guidelines Section 15192 sets forth additional criteria which must be met for a project to be exempt from CEQA. These criteria are the same as those set forth in CEQA Section 21159.21, and the finding set forth herein satisfy the requirement of both CEQA Section 21159.21 and CEQA Guidelines Section 15192. In order to qualify for an exemption set forth in sections 15193, 15194 or 15195, a housing project must meet all of the threshold criteria set forth below. (a) The project must be consistent with: (1) Any applicable general plan, specific plan, or lacal caastal program, including any mitigatian measures required by such plan or program, as that plan ar pragram existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete; and Finding: The project site is designated "R-30, Residential 23-30 du/ac" in the City's General Plan and Local Coastal Program. The project's density is 23 du/acre and is consistent with the General Plan and Local Coastal Program. (2) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete, unless the zoning of project property is inconsistent with the general plan because the project property has not been rezoned to conform to the general plan. Finding: The project site is designated RD-M, Residential Density -Multiple and is consistent with the development standards set forth in the Section 21.24 of the Carlsbad Zoning Code. (b} Community-level environmental review has been adopted or certified. Finding: In accordance with CEQA Guidelines Section 15191(c){l), "Community-level environmental review" includes an EIR certified on a lead agency's General Plan. The City conducted a comprehensive General Plan update in 2015 and certified an environmental impact report in connection with the General Plan update. The project is consistent with the land uses set forth in the General Plan. The process of revising the General Plan began nearly eight years ago, including a two-year public involvement process called Envision Carlsbad. Envision Carlsbad was an extensive community visioning and outreach effort that involved more than 8,000 residents, 100 community groups and organizations, scores of business owners and elected officials and city staff members. (c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. Finding: The project site is in an urbanized area already developed with residential uses served by existing utilities which are sufficient to serve the proposed project. Any development fees for utility connections will be paid by the project applicant, if required by the City. Revised 05/13 (d) The site of the project: /1} Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Cade of Federal Regulations. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. No wetlands are present on the project site. /2) Does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend far their conservation and protection. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. It does not provide wildlife habitat. /3} Does not harm any species protected by the federal Endangered Species Act of 1973 /16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act {Chapter 10 (commencing with Section 1900} of Division 2 of the Fish and Game Cade}, the California Endangered Species Act {Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Cade. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. The project site does not provide habitat for any listed or protected species. /4) Does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. The project site does not provide habitat for any locally-protected species. (e) The site of the project is not included an any list of facilities and sites compiled pursuant ta Section 65962.5 of the Government Cade. Finding: The project site is not on any list compiled pursuant to Section 65962.5 of the Government Code. (f) The site of the project is subject ta a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of ony release of o hazardous substance an the site and ta determine the potential far exposure of future occupants ta significant health hazards from any nearby property or activity. In addition, the fa/lawing steps hove been token in response ta the results of this assessment: /1) If o release of o hazardous substance is found ta exist an the site, the release shall be removed, or any significant effects of the release shall be mitigated ta a level of insignificance in compliance with state and federal requirements. /2) If a potential far exposure ta significant hazards from surrounding properties ar activities is found ta exist, the effects of the potential exposure shall be mitigated ta a level of insignificance in compliance with state and federal requirements. Revised 05/13 - Finding: A Phase I environmental assessment was prepared, and no environmental conditions requiring remedial measures were identified. (g) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. None of the existing structures on the site are considered historical resources pursuant to Section 21084.1 of the Public Resources Code. (h) The project site is not subject to wild/and fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of o wild/and fire hazard. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. (i) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties. Finding: The project site is in an urbanized area already developed with residential uses and adjacent to a school. There are no industrial or manufacturing uses adjacent to the project site that would pose a risk of high fire or explosion. U) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. Finding: The project proposes the development of 93 residential units on a site already developed with residences. (k) Either the project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard. Finding: The project site is not within a delineated earthquake fault zone. The project site is in an urbanized area already developed with residential uses and adjacent to a school. (/) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. Finding: The project site is not within a landslide hazard, flood plain, flood way or restriction zone. (m) The project site is not located on developed open space. Finding: The project site is an urbanized area developed for residential uses. Revised 05/13 (n) The project site is not located within the boundaries af a state conservancy. Finding: The project is located in the City of Carlsbad; no State conservancy land is involved. (a) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in sections 15193 to 15195. Finding: The whole of the project is being considered in the application before the City. The project proposes the development of 93 residential units on a 4.04 acre site. The proposed apartment project is in compliance with the City of Carlsbad's Climate Action Plan {CAP) in that a multi-family housing development with less than 70 dwelling units does not meet the screening threshold to require a greenhouse gas {GHG) analysis. The California Air Pollution Control Officers Association (CAPCOA) has published screening thresholds to guide agencies in determining which projects require greenhouse gas analysis and mitigation for significant impacts related to climate changes. With this guidance, the city has determined that new development projects emitting less than 900 MTCO2e annual GHG would not contribute considerably to climate change impacts, and therefore do not need to demonstrate consistency with the CAP. A multi-family development of more than 70 dwelling units would exceed the threshold and would be subject to CAP measures. The 93-unit apartment project has a net increase of 49 units, and is therefore not subject to CAP measures. Revised 05/13 .. ,. ~FN T G ClllCACiOTITLE G r:ldelity :"iational Titl~ BUILDER SERVICES (i Commonwealth' Engineer: So Cal Civil Solutions Inc. 26131 Via Oceano Mission Viejo, CA 92691 Phone: (949) 322-3657 Fax: (949) 581-5531 www.socalcivilsolutions.com PRELIMINARY SUBDIVISION REPORT 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: Tentative Map No. HARDING STREET MINOR SUBDNISION Our Order No.: 996-23076377-EHI Dated as of February 14, 2016 For the benefit of the Subdivider, the Subdivider's Engioeer or Surveyor, the County of Los Angeles and any City withio the Subdivision is located. A preliminary examination of those public records wbich, under the recordiog laws impart constructive notice of matters affecting the title to the land covered by the Tentative Subdivision Map No. HARDING STREET MINOR prepared by the above engineer, received by Fidelity National Title Company discloses that the parties whose signatures will be necessary, under the provisions of the Subdivision Map Act, on the Final Subdivision map of said land are as set forth below (See Schedule A attached). This Report is furnished as an accommodation, for the sole purpose of preliminary planning and facilitation compliance with requirements necessary for the issuance of a Subdivisi.on Guarantee. It is understood that our liability is solely that expressed in such Guarantee, and that no liability separate from or other, that our liability under such Guarantee is assumed by this report, except that if no Guarantee is issued under this order the amount paid for this report shall be the maximum liability of the Company. The Map hereinbefore referred to is a proposed Subdivision of (see Schedule A, Part N attached) Eric Haug (BS) Subdivision Department Tentative Map No. C -. ._) PRELIMINARY SUBDIVISION REPORT SCHEDULE A PART I Order No.: 996-23076377-EH! I. The signature(s) of the Party(ies) named hereinafter will be required as owner(s) of the herein named interest pursuant to the provisions of Section 66436 of said Subdivision Map Act. Nature of Interest: A Fee Owner: Harding Street N eigbbors, LP, a California limited partnership 2. The signature of either the trustee or the beneficiary named below but not both, will be required under the provisions of Section 66436(a) of said Subdivision Map Act for the following Deed(s) of Trust: Trustee: PRLAP, Inc. Beneficiary: Bank of America, N .A., a national banking association Recorded: March 15,2013 as Instrument No. 2013-0168692 of Official Records Trustee: Fidelity National Title Company Beneficiary: City of Carlsbad, a municipal corporation Recorded: March 15, 2013 as Instrument No. 2013-0168694 of Official Records Page I • - Tentative Map No. SCHEDULE A PART II ' Order No.: 996-23076377-EHI 3. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set forth, may be omitted under provisions of Section 66436(a) 3A (i-viii) of the Subdivision Map Act, as their interest is such that it cannot ripen into a fee and said signature(s) is (are) not required by the local agency. The County of San Diego, holder of an easement for drain pipeline recorded January 24, 1934 in Book 262, Page 391, Official Records. The County of San Diego, holder of an easement for drainage. San Diego Gas and Electric Company, holder of an easement for the right and privilege to place and maintain an anchor to support a line of poles and wires recorded July 22, 1953 in Book 4930 Page 346, Official Records. Page2 Tentative Map No. SCHEDULE A PARTIII -' _.,,, Order No.: 996-23076377-EHI 4. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set forth, may be omitted under provisions of Section 66436(a) (3C) of the Subdivision Map act, their interest is such that it cannot ripen into a fee as said signature(s) is (are) not required by the local agency. NONE Page 3 • - Tentative Map No. SCHEDULE A PARTIV Order No.: 996-23076377-EHI 5. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set forth, may be omitted under provisions of Section 66436(a)(3)(B) of the Subdivision Map Act, their interest is such that it cannot ripen into a fee as said signature(s) is(are) not required by the local agency. NONE Page 4 ---------------------------••,s••·---· Tentative Map No. SCHEDULE A PART VI '.) Order No.: 996-23076377-EHI 6. The signature(s) of the party(ies) named hereinafter as owner(s) of the interest set forth, may be omitted under provisions of Section 66436(a)(4) of the Subdivision Map Act, their interest is such that it caonot ripen into a fee as said signature(s) is (are) not required by the local agency. NONE Page 5 • • Tentative Map No. SCHEDULE A PART VI OrderNo.: 996-23076377-EHI 7. The Tentative Map No. HARDING STREET MINOR SUBDIVISION is a Subdivision of the land described as follows: TENTATIVE MAP NO. HARDING STREET MINOR SUBDIVISION IS A SUBDIVISION OF TIIE LAND DESCRIBED AS FOLLOWS: PARCEL A: LOTS 2 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE, OF PALM VISTA IN TIIE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO TIIE MAP THEREOF NO. 2969, FILED IN TIIE OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPTING TIIEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT TIIE MOST NORTIIERLY CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO MAP TIIEREOF NO. 2969; TIIENCE ALONG TIIE EASTERLY LINE OF SAID LOT 13, SOUTH 19°17'11" EAST 161.15 FEET TO TIIE SOUTIIEASTERLY CORNER OF SAID LOT 13, SAID POINT BEING ALSO TIIE EASTERLY CORNER OF SAID LOT 14; TIIENCE ALONG TIIE SOUTIIEASTERL Y LINE OF SAID LOT 14, SOUTH 61°51'52" WEST 68.06 FEET; TIIENCE NORTH 08°26'25" WEST 42.85 FEET; TIIENCE NORTH 14°49'18" WEST 95.30 FEET; THENCE NORTH 25°13'44" WEST 26.19 FEET TO A POINT IN TIIE NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52" WEST 55.14 FEET FROM SAID MOST NORTIIERLY CORNER; TIIENCE ALONG SAID NORTHWESTERLY LINE NORTH 61°51 '52" EAST 55.14 FEET TO TIIE POINT OF BEGINNING. FURTHER EXCEPTING TIIEREFROM, THOSE PORTIONS OF LOTS 8, 9, II AND 12 AS CONVEYED TO TIIE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED RECORDED AUGUST 24 1967 AS FILE NO. 127829 OF OFFICIAL RECORDS OF SAID COUNTY. APN(s): 204-292-02-00 (LOT 2); 204-292-10-00 (LOT 3); 204-292-11-00 (LOT 4); 204-292-12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7); 204-292-17-00 (LOT 8); 204-292-18-00 (LOT 9); 204-292-20-00 (LOT I!); 204-292-21-00 (LOT 12); 204-292-22-00 (LOT 13); 204-291-27-00 (LOT 24); 204-291-26-00 (LOT 25); 204-291-25-00 (LOT 26); 204-291-24-00 (LOT 27); 204-291-23-00 (LOT 28); 204-291-19-00 (LOT 29); 204-291-20-00 (LOT 30); 204-291-21-00 (LOT 31); 204-291-22-00 (LOT 32); 204-291-14-00 (LOT 33) PARCELB: THAT PORTION OF LOT 236 OF THUM LANDS, IN TIIE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP TIIEREOF NO. 1681, FILED IN THE OFFICE OF TIIE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE CENTER LINE OF MAGNOLIA AVENUE, DISTANT TIIEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT OF BEGINNING BEING THE MOST WESTERLY CORNER OF TIIE LAND CONVEYED BY TIIE SOUTH COAST LAND COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK 1335, PAGE 384 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG TIIE SOUTHWESTERLY LINE OF TIIE LAND AS CONVEYED TO SAID PALMER AND TIIE SOUTHEASTERLY PROLONGATION OF SAID LINE, SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTIIEASTERLY PROLONGATION OF TIIE NORTHWESTERLY LINE OF TIIE LAND CONVEYED BY SOUTH COAST LAND COMP ANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND RECORDED IN BOOK 1629, PAGE 431 OF DEEDS, RECORDS OF SAID COUNTY; TIIENCE ALONG SAID PROLONGATION AND TIIE NORTHWESTERLY Page6 Tentative Map No. SCHEDULE A-Part IV (Continued) Order No.: 996-23076377-EHl LINE OF THE LAND SO CONVEYED TO SAID JONES, SOUTH 61°21' WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H. WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK 1180. PAGE 463 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SAID NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID WHELDON AND ALONG THE NORTHWESTERLY PROLONGATION THEREOF, NORTH 28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE; THENCE ALONG SAID CENTER LINE NORTH 61°21' EAST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953, SAID POINT BEARS SOUTH 61°58'46" WEST, 71.99 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (I) NORTH 22°36'42" WEST, 359.22 FEET; THENCE (2) NORTH 18°34'28" WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE, LAST SAID POINT BEARS NORTH 61°54'01" EAST, 162.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY 5TH STREET, AS SAID STREET IS SHOWN ON THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO THE MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN(s): 204-292-16-00 PARCELC: LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, PER GRANT DEED RECORDED MAY 9. 1967. AS INSTRUMENT NO. 64674. OFFICIAL RECORDS. APN(s): 204-292-19-00 This legal description is for the sole purpose of this report and may not be considered for use in any policy of title insurance to be issued by this company; and is subject to change at any time. It is preparatory to the issuance of a Snbdivision Guarantee and is Intended solely for the use of those parties directly involved in the preparation and checking of said map. Page 7 , I , ' , . Tentative Map No. OrderNo.: 996-23076377-EH! NOTES A. Fidelity National Title Company will not be in position to issue its Subdivision Guarantee until such time as the Trustee or Beneficiary under any Deed of Trust of record has executed the Final Map, and that the original Note and Deed of Trust have been properly endorsed to the effect that such map has been executed. B. A copy of the Final Subdivision Map must be submitted to this office for review, prior to recordation. Page 8 ' . - ~FN T G C!IJ('AGOTJTLE G: Fidelity l"•iationallitft" (t Convnonwealtlf BUILDER SERVICES 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Eric Haug (BS) Escrow Officer: Builder Services OAC TO: C&C Development Company, LLC 14211 Yorba Street Tustin, CA 92780 ATIN: .Scott Bering YOUR REFERENCE: PROPERTY ADDRESS: Magnolia Avenue, Carlsbad, CA AMENDED PRELIMINARY REPORT Order No.: 996-23076377-B-EHl In response to the application for a policy of title insurance referenced herein, Fidelity Na/tonal Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason qf any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One, The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant lo provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Cl__ Authorized Signature CLTA Preliminary Report Form -Modified (I 1/17 /06) Page I C T G C!l!CAGOTITLE ~FN BUILDER SERVICES G Fidtlity :"iatlonal Tttk fl Commonwealtli AMENDED PRELIMINARY REPORT 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Phone: (949) 622-5000 Fax: EFFECTIVE DATE: February 14, 2016 at 7:30 a.m., Amended: February 22, 2016, Amendment No. B ORDER NO.: 996-23076377-JI..EHl The fonn of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy (04-08-14) I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY TIITS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST ATTHEDATEHEREOFIS VESTED IN: HARDING STREET NEIGHBORS, LP, a California limited partnership 3. THE LAND REFERRED TO IN TIITS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17 /06) Page2 A , PRELIMINARY REPORT Your Reference: Fidelity National Title Company OrderNo.: 996-23076377-B-EHI EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITIJATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: TENTATIVE MAP NO. HARDING STREET MINOR SUBDNISION IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS: PARCEL A: LOTS 2 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSNE, OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO MAP THEREOF NO. 2969; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13, SOUTH 19°17'11" EAST 161.15 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13, SAID POINT BEING ALSO THE EASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTIIBASTERLY LINE OF SAID LOT 14, SOUTH 61°51'52" WEST 68.06 FEET; THENCE NORTH 08°26'25" WEST 42.85 FEET; THENCE NORTH 14°49'18" WEST 95.30 FEET; THENCE NORTH 25°13'44" WEST 26.19 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52" WEST 55.14 FEET FROM SAID MOST NORTHERLY CORNER; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 61 °51 '52" EAST 55.14 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM, THOSE PORTIONS OF LOTS 8, 9, 11 AND 12 AS CONVEYED TO THE STA TE OF CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED RECORDED AUGUST 24, 1967 AS FILE NO. 127829 OF OFFICIAL RECORDS OF SAID COUNTY. APN(s): 204-292-02-00 (LOT 2); 204-292-10-00 (LOT 3); 204-292-11-00 (LOT 4); 204-292-12-00 (LOT 5); 204-292-13-00 (LOT 6); 204-292-14-00 (LOT 7); 204-292-17-00 (LOT 8); 204-292-18-00 (LOT 9); 204-292-20-00 (LOT 11); 204-292-21-00 (LOT 12); 204-292-22-00 (LOT 13); 204-291-27-00 (LOT 24); 204-291-26-00 (LOT 25); 204-291-25-00 (LOT 26); 204-291-24-00 (LOT 27); 204-291-23-00 (LOT 28); 204-291-19-00 (LOT 29); 204-291-20-00 (LOT 30); 204-291-21-00 (LOT 31); 204-291-22-00 (LOT 32); 204-291-14-00 (LOT 33) PARCELB: THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT OF BEGINNING BEING THE MOST WESTERLY CORNER OF THE LAND CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK 1335, PAGE 384 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF THE LAND AS CONVEYED TO SAID PALMER AND THE SOUTIIBASTERLY PROLONGATION OF SAID LINE, SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND RECORDED IN BOOK 1629, PAGE 431 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID JONES, SOUTH 61°21' WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H. WHELDON BY DEED DATED JULY 7, 1926, AND CLTA Preliminary Report Form-Modified (11/17/06) Page 3 PRELIMINARY REPORT Your Reference: C EXHIBIT A (Continued) Fidelity National Title Compaoy OrderNo.: 996-23076377-B-EHI RECORDED IN BOOK 1180. PAGE 463 OF DEEDS, RECORDS OF SAID COUN1Y; THENCE ALONG THE SAID NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID WHELDON AND ALONG THE NORTIIWESTERL Y PROLONGATION THEREOF, NORIB 28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF MAGNOLIA A VENUE; THENCE ALONG SAID CENTER LINE NORTI{ 61 °21' EAST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM IBAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUN1Y, MARCH 16. 1953. SAID POINT BEARS sourn 61°58"46" WEST. 71.99 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (1) NORIB 22°36'42" WEST, 359.22 FEET; IBENCE (2) NORIB 18°34'28" WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE. LAST SAID POINT BEARS NORIB 61°54'01" EAST, 162.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY 5TI{ STREET, AS SAID STREET IS SHOWN ON THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO THE MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN(s): 204-292-16-00 PARCELC: LOT 10 OF PALM VISTA IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF CALIFORNIA, PER GRANT DEED RECORDED MAY 9. 1967. AS INSTRUMENT NO. 64674. OFFICIAL RECORDS. APN(s): 204-292-19-00 CLTA Preliminary Report Form-Modified (11/17/06) Page4 PRELIMINARY REPORT Your Reference: EXCEPTIONS Fidelity National Title Company OrderNo.: 996-23076377-B-EHl AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments colJected with taxes to be levied for the fiscal year 2016-2017. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: The County of San Diego Drain pipe line January 24, 1934 Book 262, Page 391 of Official Records Affects: Lots 1 through 10, inclusive and 11 through 13, inclusive, as delineated on Map of said Tract 2969. 3. A building set-back line, as disclosed by said map/plat. Affects: Affects: The Westerly 10 feet. Parcel C. 4. Easement(s} for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Drainage Affects: A 10.00 foot portion, as shown on said map. 5. Easement(s} for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company Purpose: The right and privilege to place and maintain an anchor to support a line of poles and wires Recording Date: Recording No: Affects: July 22, 1953 Book 4930, Page 346 of Official Records Lots 11, 12 and 13 and other property. 6. The herein described Land has no rights of ingress and egress to the thoroughfare named below, except across that portion of the boundary line herein after set forth, such rights having been: Relinquished by a deed to the State of California Recording Date: May 9, 1967 Recording No: 64674, Official Records Street name: Interstate 5 Affects: The East boundary. CLTA Preliminary Report Form -Modified (I 1/17 /06) Page S PRELIMINARY REPORT Your Reference: Affects: C Parcel C. EXCEPTIONS (Continued} Fidelity National Title Company Order No.: 996-23076377-B-EHI 7. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No: Affects: July 10, 1967 994 I 7 of Official Records Lot 13 with other property. 8. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No: Affects: August 24, 1967 127829 of Official Records Portions of Lots 8, 9, 11 and 12. 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $3,875,000.00 March 15, 2013 Harding Street Neighbors, LP, a California limited partnership PRLAP, Inc. Bank of America, N.A., a national banking association March 15, 2013 2013-0168692. of Official Records First Amendment to Deed of Trust ("Amendment") by and among Bank of America, N.A., a national banking association, and Harding Street Neighbors, LP, a California limited partnership, dated September 9, 2013 and recorded on October 17, 2013 as Instrument No. 2013-0624376 of Official Records of the Recorder's Office of San Diego County, California Second Amendment to Deed of Trust ("Amendment'') by and among Bank of America, N.A., a national banking association, and Harding Street Neighbors, LP, a California limited partnership, dated April 16, 2014 and recorded on April 23, 2014 as Instrument No. 2014-0161936 of Official Records of the Recorder's Office of San Diego County, California 10. Matters contained in that certain document Entitled: Dated: Regulatory Agreement and Declaration of Restrictive Covenants March 15, 2013 Executed by: Harding Street Neighbors, L.P., a California limited partnership and the City of Carlsbad, a municipal corporation Recording Date: March 15, 2013 Recording No: 2013-0168693, of Official Records Reference is hereby made to said document for full particulars. An agreement recorded March 15, 2013 at 2013-0168696, of Official Records which states that this instrument was subordinated to the document or interest descnbed in the instrument Recording Date: March 15, 2013 Recording No: 2013-0168692, of Official Records CLTA Preliminary Report Form-Modified (11/17/06) Page6 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 996-23076377-B-EHI I I. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $7,408,000.00 March 15, 2013 Harding Street Neighbors, L.P., a California limited partnership Fidelity National Title Company City of Carlsbad, a municipal corporation March 15, 2013 2013-0168694, of Official Records An agreement recorded March 15, 2013 at 2013-0168696, of Official Records which states that this instrument was subordinated to the document or interest described in the instrument Recording Date: March 15, 2013 Recording No: 2013-0168962, of Official Records Affects: Parcels A and B. 12. Matters contained in that certain document Entitled: Dated: Loan Agreement March 15, 2013 Executed by: Harding Street Neighbors, L.P., a California limited partnership and the City of Carlsbad, a municipal corporation Recording Date: March 15, 2013 Recording No: 2013-0168695, of Official Records Reference is hereby made to said document for full particulars. Affects: Parcels A and B. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE TIDS TRANSACTION. END OF EXCEPTIONS CLT A Preliminary Report Form -Modified (I 1/17 /06) Page 7 PREL!lvllNARY REPORT Your Reference: C REQUIREMENTS SECTION NONE END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17 /06) Fidelity National Title Company OrderNo.: 996-23076377-B-EHI Page 8 PRELIMINARY REPORT Your Reference: - INFORMATIONAL NOTES SECTION Fidelity National Title Company OrderNo.: 996-23076377-B-EHl 1. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. END OF INFORMATIONAL NOTES Eric Haug (BS)/jh CLTA Preliminary Report Fonn -Modified ( 11/17 /06) Page9 C FIDELITY NATIONAL FINANCIAL PRNACYNOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. This Privacy Notice lets you know how and for what purposes your Personal Information (as defined herein) is being collected, processed and used by FNF. We pledge that we will take reasonable steps to ensure that your Personal Infonnation will only be used in ways that are in compliance with this Privacy Notice. The provision of this Privacy Notice to you does not create any express or implied relationship, or create any express or implied duty or other obligation. between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. This Privacy Notice is only in effect for any generic information and Personal Infonnation collected and/or owned by FNF, including collection through any FNF website and any online features, services and/or programs offered by FNF (collectively, the "Website"). This Privacy Notice is not applicable to any other web pages, mobile applications, social media sites, email lists, generic information or Personal Information collected and/or owned by any entity other than FNF. How Information is Collected Toe types of personal information FNF collects may include, among other things (collectively, "Personal Infonnation'): (1) contact information (e.g., name, address, phone number, email address); (2) demographic information (e.g., date of birth, gender marital status); (3) Internet protocol ( or IP) address or device ID/UDID; ( 4) social security number (SSN), student ID (SIN), driver's license, passport, and other government ID numbers; (5) financial account infonnation; and (6) information related to offenses or criminal convictions. In the course of our business, we may collect Personal Infonnation about you from the following sources: • Applications or other forms we receive from you or your authorized representative; • Information we receive from you through the Website; • Information about your transactions with or services performed by us, our affiliates, or others; and • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others. Additional Ways Information is Collected Through the Website Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain information about each visitor. This information may include IP address, browser language, browser type, operating system, domain names, browsing history (including time spent at a domain, time and date of your visit), referring/exit web pages and URLs, and number of clicks. The domain name and IP address reveal nothing personal about the user other than the IP address from which the user has accessed the Website. Cookies. From time to time, FNF or other third parties may send a "cookie" to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive and that can be re~sent to the serving website on subsequent visits. A cookie, by itself, cannot read other data from your hard disk or read other cookie files already on your computer. A cookie, by itself, does not damage your system. We, our advertisers and other third parties may use cookies to identify and keep track of, among other things, those areas of the Website and third party websites that you have visited in the past in order to enhance your next visit to the Website. You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Privacy Notice Effective: May 1, 2015 Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as "clear gifs"). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream infonnation, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. • You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. • You can opt-out via the Consumer Choice Page at http://www.aboutads.info. • For those in the U.K., you can opt-out via the JAB UK's industry opt-out at http://www.youronlinechoices.com. • You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: • To provide products and services to you or one or more third party service providers ( collectively, ''Third Parties") who are obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services that we perform for you or for Third Parties. • To communicate with you and to infonn you about FNF's, FNF's affiliates and third parties' products and services. When Information Is Disclosed By FNF We may provide your Personal Information (excluding infonnation we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: - • To agents, brokers, representatives, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers who provide services or perfonn marketing services or other functions on our behalf; • To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encwnbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow .closing. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such ilisclosure is necessary to: (!) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other infonnation provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety ofFNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party's own Privacy Notice. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety ofFNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Infonnation or other infonnation in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice Effective: May 1, 2015 Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affinn that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY ms OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF's Privacy Notice will govern our use of Personal Infonnation, but also that information that is voluntarily given by children -or others -in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Infonnation while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By proviiling FNF with your Personal Infonnation, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances ("opt out"). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Infonnation from you, such infonnation will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional Ways That Information Is Collected Through the Website," subsection "Third Party Opt Out." Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask -----------------------__ .,_ ---••e ----- C individuals to identify themselves and the infonnation requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California's "Shine the Light" law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer infonnation we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this infonnation on behalf of FNF, please send an email message to privacy@fuf.com with "Request for California Privacy Information" in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all infonnation sharing is covered by the "Shine the Light'' requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California's Online Privacy Protection Act requires us to disclose how we respond to "do not track" requests and other similar mechanisms. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN''), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: • First and Last Name • Property Address • UserName • Password • Loan Number • Social Security Number -masked upon entry • Email Address • lbree Security Questions and Answers • IP Address The infonnation you submit is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. Privacy Notice Effective: May l, 2015 CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal infonnation or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations pr Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority--owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided "as is" and "as available'' for yom use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error~free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, wonns, time bombs, drop dead devices, Trojan horses or other hannful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re~perform.ance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of infonnation by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unle.ss you inform us otherwise by means of the procedwe identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify yom assent to and acceptance of its revised tenns for all previ01:1sly collected information and information collected from you in the future. We may use comments, infonnation or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fuf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY I, 2015 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTCCA-Fidelity National Title Company of California Available Discounts FNF Underwriter FNTIC -Fidelity National Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (FNTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. CA Discount Notice Effective Date: 12/02/2014 C A TIACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE Tue following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys1 fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation 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 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, encwnbrances, 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 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 claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. (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. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; Attachment One (4-2-15) CA & NV , . d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. Tiris 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. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: ]. (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 I(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; Attachment One (4-2-15) CA & NV ------------------------·---·--·-··- C (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. Th.is 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 (Except as provided in Schedule B -Part II,( t( or 1)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PARTI (The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not 'shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly 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: I. (a) Any law, ordinance, pennit, 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. Th.is 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 9 and 10); or Attachment One (4-2-15) CA & NV ( e) resulting in loss or damage that would not have been sustained if the Insured Claimaot had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate tru<es or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy fonn 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: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinaoce, permit, or govermnental 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 wider 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 Claimaot had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan 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 1 l(b) or 25. Attachment One (4-2-15) CA & NV 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. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (4-2-15) CA & NV - 2.04-2.9 ® r-------. ., @ @) ' • l) l) n n " " " ,0 ., .. e @ ® @) @ ® © © 0 © © @) .. 4?, " .. .. .. JEFFERSON ST ._(ANCHOR WAV ® 6i3 SHT ! 11 • ,•idelity National Title Insurance Company POLICY NO.: 23022757-AO OWNER'S POLICY OF TITLE INSURANCE Issued h)' Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: l. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perfonn those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perfotm those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (h) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including t~ose relating to building and zoning) restricting, regulating, prohibiting, or relating to the occupancy, use, or enjoyment of the Land; the character, dimensions, or location of any improvement erected on the Land; (a) (h) 27.106 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association, All rights reserved, The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,\¼I Rlt:,lr-. 1,-.;1, l'l!I Order No.: 23022757-010-VR2 Policy No.: 23022757-AO (c) the subdivision ofland; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement refened to in that notice. 6. An enforcement action based on the exercise of a govemmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement refened to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occuITed and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, ofa transfer of all or any part of the title to or any interest in the Land occmring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws: or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any detect in or lien or encumbrance on the Title or other matter included in Covered Risks l through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Authorized Signature Authorized Signature 27306 (6/06) ALTA Owne(s Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and AL TA members in good standing as of the date of use. AU other uses are prohibited. Reprinted under license from the American Land Title Association. •l'-11 RI< A"- <s>JP '" I! Order No.: 23022757-010-VRl Policy No.: 23022757-AO EXCLUSIONS FROM COVERAGE The following mattc:rs are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' foes, or expenses that arise by reason of: I. (a) Any law, ordinance. permit, or governmental regulation (including those relating to building and zoning) restticting, 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) tht:: subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or g,wermm:ntal regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (h) 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 Con:n:d Risk 7 or 8. 3 Defects, liens, encun1brances, 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 Inr,ured Claimant; (d) attaching or created subsequent to Date of Policy (however, this doe,. not modify or limit the coverage provided under Cowred Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of tedernl bankruptcy, state insoln:ncy, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fnmdulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and creak:d or attaching between Datt: of Policy and the date of recording of the deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A I. DEFl~ITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections IO and 11 of these Conditions. (b) "Date of Policy": ll1e date designated as 'Date of Policy" in Schedule A. (c) ·'Entity"; A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured'': The Insured named in Schedule A (i) The term "Insured" also includes (A) successors lo the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal repres.:ntatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution., or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantt::t:: of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (I) if the stock, shares, memberships, or other equity inten:sts of the grantee are wholly-owned by the named Insured, (::!) if the grantee wholly o,•.-ns the named Insured, (]) if the grantee is wholly- owned by an affiliated Entity of the named Insured, proYided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, o, (4) if the grantee is a trustee or beneficiary of a trust created by a written 27306 (6106) CONDITIONS instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any !.1.1ccessor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (t) "Knowledge" or "Known": Actual knowledge, not conslructi\'e knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other record-; that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Scheduk A, and affixed improvements that hy law constitute real property. The tenn ··Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access lo and from the Land is insured by this policy. {h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one e\·idenced by electronic means authorized by law. (i) "Public Records'': Re.:ord~ e'\tablished under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d). "Public Records" shall also include environmental protection liens filed in the n:cords of the clerk of the United States District Court for the district where the Land is located. (i) "Title": The estate or interest described in Schedule A (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to he released from the obligation to purchase, lease, or lend if there is a contractual condition rei1uiring the delivery of marketable title. 2. C'O:'\Tl!\TA TIO'S OF ISSCRANCE The coverage of this policy shall continue m force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given hy a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY Il\"SURED C'LAIMA1''T The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of tit1e or interest that is adYerse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title. as insured. is rejected a-; Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall he reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage. the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defi:ct, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall i,tate, to the extent possible. the basis of calculating the amount of the lo'>S or damage. ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Association. \Vll ~l<,,\N Order No.: 23022757-010-VRl S. DEFENSE AXD PROSECPTION OF ACTIONS (a) Upon written request by the Insun:d. and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable dday, shall provide for the defense of an Insured in litigation in which any third party asserts a claim coven:d by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to sdect counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any foes, costs, or expenses incurred by the Insun:d in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the 1ight, in addition to the options contained in Secti{m 7 of these Conditions, at its mvn cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured. or to prewnt or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its righl" under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Cmnpany may pursue the litigation to a final detennination by a court of competent jurisdiction, and it expr!i!ssly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. Dl'TY OF INSURED CLAIMA!\I TO COOPERATE ta) In all cases where this policy permits or rei..1uires the Company to prosecute or provide for the ddeflse of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to us.:, at its option, the name of the Insured for this purpose. Whenever n:quested by the Company. tht: Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesst:s, prosecuting or defending the action or proceeding, or effecting settlement. and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Titk or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall tenninate, including any liability or obligation to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records. in whatever medium 27306 (6106) maintained. including books, ledgers. checks. memoranda, correspondence, reports, e-mails, disks. tapes, and videos whether bearing a date before or after Date of Policy. that reasonably pertain 10 the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized n::presentative of the Company to r.:xamine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, proJuce any reasonably requested infonnation, or grant permission to secure reasonably necessary infonnation from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7, OPTIONS TO PAY OR OTHERWISE SETTLE ('.LAIMS; TERMIN"A TIO~ OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs. attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option. all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to detend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle \Vith Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against um:k:r this policy. In addition. the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by th.: Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' Jt:es, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided fr»-in subsections (b)(i) or (ii), the Company's obligation~ to the Insured under this policy for the claimed loss or damage, other than the payments required to he made, shall terminate. including any liability or obligation to defend. prosecute, or continue any litigation. 8. DETERMl:SA TION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred Policy No.: 23022757-AO by the Insured Claimant who has sufiered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount oflnsunmce; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Titk, as insured, ti) the Amount of Insurance shall be increased by I 0%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATIO:\" OF LIABILITY (a) If the Company establishes the Title, or removes the alleged detect, lien or encumbrance, or cures the lack of a right of access to or from the Land. or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have folly perfonned its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final detennination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured (c) The Company shall not ht: liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTIO:\" OF l'.\JSL'RANCE; REDlT('TIO:\" OR TERMl'.\"ATIO'.\" OF LIABILITY All payments under this policy. except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY !\'ON(T!\.Il'LATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy msuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject. or which is executed by an Insured after Date of Policy and which is a charge m lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENTOFLOSS When liability and the extent of loss or damage have been definitely fixed in accordance with thest: Conditions. the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPO~ PAYMENT OR SETTLE~IENT (a) Whenever the Company shall have settled and paid a claim undi:r this policy, it shall he ALTA Owner's Policy (6/I 7/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,H\IR".,I~ l<'ilJlfrJl Order No.: 23022757-010-VR2 suhrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use !he name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall Jef.:r the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation inclucks the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or clmditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "'Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include. but are not limited to, any controversy or claim between the Company and the Insun:d arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy 27306 (6/06) provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurnnce i.<1 $2,000,000 or less shall be arbitrated al the option of either the Company or the Insured. All arhitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. lb) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in \\Tiling and authenticated by an authorized person, or ex.pressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) ex.tend the Date of Policy, or (iv) increase the Amount of Insurance. Policy No.: 23022757-AO 16. SEVERABILITY In the event any provision of this policy. in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LA\V; FORF!\1 (a) Choice of Law: The Insured acknowledges the Company has WickIWTitten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction when: the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to detennine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the tem1s of this policy. In neither case shall the court or arbitrator apply its conflicts of law principle:. to detennine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must he filed only in a state or te"deral court within the United States of America or its territories having appropriate jurisdiction. 18. ~OTICES, WHERE SE~T Any notice of c \aim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company al Fidelity National Title Insurance Company, Attn: Claims Department, Post Office Box 45023. Jacksonville, Florida 32231-5023. ALTA Owner's Policy (6/l 7i06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. .\,'1 RI<,\'- r.'ID I fl OI Order No.: 23022757-010-VRZ Policy No.: 23022757-AO Fidelity National Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title Company 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Policy No.: 23022757-AO Order No.: 23022757-0l0-VR2 Address Reference: 3712, 3724, 3736, 3737, 3748, 3749, 3760, 3761, 3772, 3775, 3784, 3785, 3796, 3801, 3813, 3814, 3826, 3827 and 3836 Harding Street; 901 Magnolia Avenue; 3824 Jefferson Street and 844 Carol Place, Carlsbad, CA A.mount of Insurance: $7,369,048.00 Premium: $5,674.00 Date of Policy: March 15, 2013 at 04:52 P.M. l. Name oflnsured: HARDING STREET NEIGHBORS, LP, a California limited partnership 2. The estate or interest in the Land that is insured by this policy is: AFEE 3. Title is vested in: HARDING STREET NEIGHBORS, LP, a California limited partnership 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED 27.106A (6106) ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. A"I Rh ,l's I A~I> !II» Order No.: 23022757-010-VRl Policy No.: 23022757-AO EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: LOTS 1 TO 9, INCLUSIVE, 11 TO 13 INCLUSIVE, AND 24 TO 33 INCLUSIVE, OF PALM VISTA IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 13 OF PALM VISTA, ACCORDING TO MAP THEREOF NO. 2969; THENCE ALONG THE EASTERLY LINE OF SAID LOT 13, SOUTH 19°17'11" EAST 161.15 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 13, SAID POINT BEING ALSO THE EASTERLY CORNER OF SAID LOT 14; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 14, SOUTH 61°51'52" WEST 68.06 FEET; THENCE NORTH 08°26'25" WEST 42.85 FEET; THENCE NORTH 14°49'18" WEST 95.30 FEET; THENCE NORTH 25°13'44" WEST 26.19 FEET TO A POINT IN THE NORTHWESTERLY LINE OF SAID LOT 13, SAID POINT BEARS SOUTH 61°51'52" WEST 55.14 FEET FROM SAID MOST NORTHERLY CORNER; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 61°51'52" EAST 55.14 FEET TO THE POINT OF BEGINNING. FURTHER EXCEPTING THEREFROM, THOSE PORTIONS OF LOTS 8, 9, 11 AND 12 AS CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES AS DESCRIBED IN DEED RECORDED AUGUST 24, 1967 AS FILE NO. 127829 OF OFFICIAL RECORDS OF SAID COUNTY. APN: 204-292-01 (LOT l); 204-292-02 (LOT 2); 204-292-10 (LOT 3); 204-292-11 (LOT 4); 204-292-12 (LOT 5); 204- 292-13 (LOT 6); 204-292-14 (LOT 7); 204-292-17 (LOT 8); 204-292-18 (LOT 9); 204-292-20 (LOT 11); 204-292-21 (LOT 12); 204-292-22 (LOT 13); 204-291-27 (LOT 24); 204-291-26 (LOT 25); 204-291-25 (LOT 26); 204-291-24 (LOT 27); 204-291-23 (LOT 28); 204-291-19 (LOT 29); 204-291-20 (LOT 30); 204-291-21 (LOT 31); 204-291-22 (LOT 32); 204-291-14 (LOT 33) PARCEL 8: THAT PORTION OF LOT 236 OF THUM LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF MAGNOLIA AVENUE, DISTANT THEREON SOUTH 61°21' WEST, 446.86 FEET FROM ITS INTERSECTION WITH THE CENTER LINE OF ADAMS STREET, SAID POINT OF BEGINNING BEING THE MOST WESTERLY CORNER OF THE LAND CONVEYED BY THE SOUTH COAST LAND COMPANY TO DEAN F. PALMER, BY DEED DATED MAY 5, 1927, AND RECORDED IN BOOK 1335, PAGE 384 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTHWESTERLY LINE OF THE LAND AS CONVEYED TO SAID PALMER AND THE SOUTHEASTERLY PROLONGATION OF SAID LINE, SOUTH 28°39' EAST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO ~', INTERSECTION WITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO LAURA JONES BY DEED DATED MAY 14, 1929, AND RECORDED IN BOOK 1629, PAGE 431 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG SAID PROLONGATION AND THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID JONES, SOUTH 61°21' WEST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO A 27306A (6106) ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2 ~--'l"" "'' IA'i) 1111' -~ .~---: Order No.: 23022757-010-VR2 Policy No.: 23022757-AO EXHIBIT A (Continued) POINT ON THE NORTHEASTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO P.J. WHELDON AND MARY H. WHELDON BY DEED DATED JULY 7, 1926, AND RECORDED IN BOOK 1180, PAGE 463 OF DEEDS, RECORDS OF SAID COUNTY; THENCE ALONG THE SAID NORTHEASTERLY LINE OF THE LAND SO CONVEYED TO SAID WHELDON AND ALONG THE NORTHWESTERLY PROLONGATION THEREOF, NORTH 28°39' WEST, A DISTANCE OF 487.47 FEET, MORE OR LESS, TO A POINT ON THE CENTER LINE OF MAGNOLIA A VENUE; THENCE ALONG SAID CENTER LINE NORTH 61°21' EAST, A DISTANCE OF 536.38 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION LYING I\ORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTHWESTERLY BOUNDARY OF LOT 8 OF PALM VISTA, ACCORDING TO THE MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953, SAID POINT BEARS SOUTH 61°58'46" WEST, 71.99 FEET FROM THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE (1) NORTH 22°36'42" WEST, 359.22 FEET; THENCE (2) NORTH 18°34'28" WEST, 131.94 FEET TO A POINT IN THE CENTER LINE OF MAGNOLIA AVENUE, LAST SAID POINT BEARS NORTH 61°54'01" EAST, 162.74 FEET FROM THE INTERSECTION OF SAID CENTER LINE AN THE CENTER LINE OF HARDING STREET, FORMERLY 5TH STREET, AS SAID STREET IS SHOWN ON THE RESUBDIVISION OF A PORTION OF ALLES AVOCADO ACRES, ACCORDING TO THE MAP THEREOF NO. 2027, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 17, 1927. APN: 204-292-16 27306A (6/06) ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 3 \Ml RI( AN I A~[) 111 ll -~ Order No.: 23022757-010-VRZ Policy No.: 23022757-AO SCHEDULER 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 I. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levie<l for the fiscal year 2013-2014. 2. lbe lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation Code of the State of California, which arises solely from a change in ownership or completion of new constmction which occurs on or after the date of the policy. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Rights of the public to any portion of the Land lying within the public street commonly known as Magnolia Avenue. Affects: Parcel B 5. Easement(s) for the purpose(s) shown below and rights incidental tl1ereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: The County of San Diego Drain pipe line January 24, 1934 Book 262, Page 39 I of Official Records Affects: Lots l to 9, inclusive and 11 to 13, inclusive, as delineated on Map of said Tract 2969 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: San Diego Gas & Electric Company Purpose: The right and privilege to place and maintain an anchor to support a line of poles and Wifes Recording Date: Recording No: Affects: July 22, 1953 Book 4930. Page 346 of Official Records Lots II, 12 and 13 and other property .. 7. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No: Affects: July IO, 1967 99417 of Ofticial Records Lot 13 with other property. 8. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No: Affects: 27.1068 (6106) ALTA Owner's Policy (6117/06) August 24, 1967 127829 of Official Records Portions of Lots 8, 9, 11 and 12. Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 4 ~Ml Ric AN IA~,, I" I I Order No : 23022757-010-VRl SCHEDULE B (Continued) Policy No.: 23022757-AO 9. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: B-0196 March 8, 2013 So Cal Civil Solutions (Joseph Padilla) A. The encroachment of grass landscape areas into the street right of way of Carol Place, Harding Street and Magnolia A venue, to an undisclosed amount. B. An encroachment onto and/or occupation of a portion of Lots 24 and 25 by the owners adjoining said lot to the northwest, as evidenced by fence locations. C. An encroachment of a fence onto Lots 27 and 28 from the land adjoining said lots to the Southwest. 10. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $3,875,000.00 March 15, 2013 Harding Street Neighbors, LP, a California limited partnership Fidelity National Title Company Bank of America, N .A., a national banking association March 15, 2013 2013-0168692, of Ollicial Records 11. Matters contained in that certain document Entitled: Dated: Regulatory Agreement and Declaration of Restrictive Covenants March 15, 2013 Executed by: Harding Street Neighbors, LP., a California limited partnership and the City of Carlsbad, a municipal corporation Recording Date: March 15, 2013 Recording No: 2013-0168693, of Official Records Reference is hereby made to said document for full particulars. An agreement recorded March 15, 2013 at 2013-0168696, of Official Records which states that this instrument was subordinated to the document or interest described in the instrument Recording Date: March 15,2013 Recording No: 2013-0168692, of Official Records 27306B (6106) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 5 ~M! RI< ,II', I ,~i, IL 111 Order No.: 23022757-010-VRl Policy No.: 23022757-AO SCHEDULEB (Continued) 12. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $7,408,000.00 March 15, 2013 Harding Street Neighbors, LP., a California limited partnership Fidelity National Title Company City of Carlsbad, a municipal cmporation March 15, 2013 2013-0168694, of Official Records An agreement recorded March 15, 2013 at 2013-0168696, ofO!licial Records which states that this instmment was subordinated to the document or intt!rest described in the instrument Recording Date: March 15, 2013 Recording No: 2013-0168962, of Official Records 13. Matters contained in that certain document Entitled: Dated: Term Loan Agreement March 15, 2013 Executed by: Harding Street Neighbors, L.P., a California limited partnership and Bank of America, N .A., a national banking association Recording Date: March 15, 2013 Recording No: 20B-0 168695, of Official Records Reference is hereby made to said document for full particulars. END OF SCHEDULE B 27306B (6106) ALTA Owner's Policy (6117/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 6 \"! RH ,IN IA"> II 1' ! • Fidelity National Title Comp~ 4,o 1300 Dove Street, Suite 310, Newport Beach, CA 92660 ',? ~ 949 622-5000 • FAX call for Fax -., .9 <o,,sr Harding Street Neighbors, LP 14211 Yorba Street, Suite 200 Tustin, CA 92780 DATE: April 28, 2014 TITLE NO.: 23044378-PP Address: 3701-3703 Harding Street, Carlsbad, CA In connection with the above-mentioned property, enclosed please find the following: • ALTA Owner's Policy of Title Insurance In the future, please upload to the file keeping the originals to be given to the Seller at closing. We appreciate the opportunity of being of service to you. If we can be of further assistance, please feel free to call upon us. Sincerely, Patti Porter 949 622-5000 pp enclosure(s) Miscellaneous Transmittal Letter (misctran)(07-08) •• 'idelity National Title Insurance Company POLICY NO.: 23044378-AO OWNER'S POUCY OF TITLE INSURANCE Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and JO, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: I. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The tenn "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to the occupancy, use, or enjoyment of the Land; the character, dimensions, or location of any improvement erected on the Land; (a) (b) 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Tltle Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ~MfklCJIN LANO TfTU ~ Order No.: 23044378-003-AM Policy No.: 23044378-AO (c) the subdivision of land; or ( d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6, An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land. is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Countersigned by: Cl Authorized Signature Authorized Signature 27306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ~Ml_RI_C.,,N lAtlD TITlE ~ Order No.: 23044378-003-AM Policy No.: 23044378-AO EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and I.he Company will not pay lo" or damage, costs, attorneys' fees, or expenses ~-~--~ . . , .. '' . ''' ' I. (a) Any \aw, ordinance, permit, or governmental regulation (including those relating to building and zoning) restnctmg, regulating, proh1b1tmg, 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 ttte coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I (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 Pohcy, but Known to the Insured Claimant and not disclosed m wntmg 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaclion vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy. increased by Section 8(b). or decreased by Sections 10 and 11 of these Conditions (b) "Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (8) successors to an Insured by dissolution, merger, consolidation, distriblllion, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (I) if the stock, shares, memberships, or olher equity interests of the grantee are wholly-owned by the natned Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly- owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity. or (4) if the grantee is a trustee or beneficiary of a trust created by a written 27306 (6/06) CONDITIONS instrument established by the Insured named in Schedule A for estate planning purposes. M With regaro to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage (t) "Knowledge" or "Known"· Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk S(d), "Public Records" shall also include environmental protection liens filed in the records ofthe clerk of the United States Distnct Court for the district where the Land is located. 0) "Title~: The estate or interest described in Schedule A (k) "Unmarketable Title": Title affected by an alleged or apparenl matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the LMxl, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured 3, NOTICE OF CLAIM TO BE GIVEN BV INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section S(a) of these Conditions, (i1) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4, PROOFOFLOSS In the event the Company is unable to determine the amount of loss or damage. the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, 1 ien, encumbrance, or other matter insured against by this policy that constitutes the basis of 10s5 or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Tille Association. ,.!!1.UllCO<f LA/'10 TITLf ;;-iiDCIAnooi Order No.: 23044378--003-AM 5, DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and sub1ect to the options contained in Section 7 of these Conditions. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes ofaction that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neeessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not 1t shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or wai'i'er of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requirt:s the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure lo the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at 1he Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If lhe Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with reg111d to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium 27306 (6106) maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos \\tlether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the [nsured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant pcnnission to secure reasonably necessary infonna1ion from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options· (a) To Pay or Tender Payment o( the Amount o( Insurance. To pay or lender payment of the Amount of Insurance 1,mder this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated 10 pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To P1y or Olherwise Settle With P1rtles Other Thin the Insured or With tbe Insured Claimant, (i) To pay or otherwise settle with other parties for or in the name ofan Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees. and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (bXi) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, sha!! terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8, DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred Policy No.: 23044378-AO by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section S of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by I 0%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by 1he Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections Sand 7 ofthese Conditions. 9. LIMITATIONOFLIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeaJs, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling 11ny claim or suit without the prior written consent ofthe Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. II. LIABILITY NONCUMULATIVE The Amount of lnsur11nce shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved, The use of this Fonn is restricted ta ALTA Hcensees and ALTA members in good standing as of the date of use. All other uses are prohibited, Reprinted under license from the American Land Title Assoclation. ~M_UICJ,N UNO TITl! ~ Order No.: 23044378--003-AM subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or I itigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the right:s of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy 27306 (6/06) provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of$2,000,000 she.II be arbitrated only when agreed to by both the Company and the Insured Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. IS. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out ofthe status ofthe Title or by any action asserting such claim sha!I be restricted to this policy. (c) Any amendmen1 ofor endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at llfly time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. Policy No.: 23044378-AO 16. SEVERABILITY In the event any provision of this policy, in whole or in part. is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAWi FORUM (a) Choice of Law: The Insured acknowledges the Company h113 underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the Jaw affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Lllfld is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the cour1 or arbitrator apply its conflicts of law principles to detennine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18, NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity Notional Title [nsurance Company, Attn: Claims Department, Post Office Box 45023, Jacksonville, Florida 32232-5023. ALTA Owner's Policy (6/17/06) Copyright American Land Tltle Association. All rights reserved. The use of this Form Is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMHIC:AN l0A0tlti Tifll .<11f>(1AT<O~ OrderNo.: 23044378-003-AM Policy No.: 23044378-AO Fidelity National Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title Company 1300 Dove Street, Suite 310 Newport Beach, CA 92660 Policy No.: 23044378-AO Order No.: 23044378-003-AM Address Reference: 3701-3703 Harding Street, Carlsbad, CA 92008 Amount of Insurance: $650,000.00 Premium: $1,706.50 Date of Policy: April 23, 2014 at II :39 A.M. 1. Name oflnsured: HARDING STREET NEIGHBORS, LP, a California limited partnership 2. The estate or interest in the Land that is insured by this policy is: AFEE 3. Title is vested in: HARDING STREET NEIGHBORS, LP, a California limited partnership 4. The Land referred to in this policy is described as follows: See E<hibit A attached hereto and made a part hereof. THIS POLICY VALID ONLY IF SCHEDULE BIS ATTACHED 27306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Tltle Association. All rights reserved. The use of this Form Is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the AmeriCan Land Title Association. AM.[IUC:,\f'I lANO Tlllf ~ Order No.: 23044378-003-AM Policy No.: 23044378-AO EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 36 IN PALM VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2969, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 16, 1953. APN: 204-291-17-00 27306A (6106) ALTA Owner's Policy (6/17/06) Copyright American Land Tltle Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 2 AIHJl.lf.AI" LAND Till( ;:,-,iici°ATION Order No.: 23044378-003-AM Policy No.: 23044378-AO SCHEDULED 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: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2014-2015. B. The lien or supplemental or escaped assessments or property taxes, if any, made pursuant to the provisions of Chapter 3.5 or Part 2, Chapter 3, Articles 3 and 4 respectively (commencing with Section 75) of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A; or as a result of changes in ownership or new construction occurring prior to date of policy. I. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Intentionally Deleted 3. A building set-back line, as disclosed by said map/plat. Affects: The Easterly and Northerly 20.00 feet 4. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: 13-0196 April 9, 2014 So Cal Civil Solutions, Inc. (Joseph Padilla, L.S. 7557) A. A 0.4' encroachment of a wall into the street right of way of Magnolia A venue B. An encroachment of Lot 35 onto Lots 36 and 37 adjoining on the Northwest, as evidenced by fence locations. 5. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: 27306B (6/06) ALTA Owner's Policy (6/17/06) $3,875,000.00 March 15, 2013 Harding Street Neighbors, LP, a California limited partnership PRLAP, Inc. Bank of America, N.A., a national banking association March 15, 2013 2013-0168692, of Official Records Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under llcense from the American Land Title Association. 3 t,_1-1_uu_c1,1<t UNO TITlf Al"ii;1~TiflN ~- Order No.: 23044378-003-AM Policy No.: 23044378-AO SCHEDULEB (Continued) First Amendment to Deed of Trust ("Amendment") by and among Bank of America, N.A., a national banking association, and Harding Street Neighbors, LP, a California limited partnership, dated September 9, 2013 and recorded on October 17, 2013 as Instrument No. 2013-0624376 of Official Records of the Recorder's Office of San Diego County, California Second Amendment to Deed of Trust (1'Amendment") by and among Bank of America, N.A., a national banking association, and Harding Street Neighbors, LP, a California limited partnership, dated April 16, 2014 and recorded on April 23, 2014 as Instrument No. 2014-0161936 of Official Records of the Recorder's Office of San Diego Count),, California END OF SCHEDULE B 27306B (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Tltle Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 4 AMflllC:AN LAND Tilt! ~