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HomeMy WebLinkAboutSDP 2021-0028; LEGOLAND PARKING STRUCTURE #2; SECOND AMENDED PRELIMINARY REPORT; 2023-12-27Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 CLTA Preliminary Report Form – Modified (11/17/06)Page 1 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00187827-993-SD2-CFU Legoland California Resort One LEGOLAND Drive Carlsbad, CA 92008 ATTN: Marcy Harold Email: Marcy.Harold@LEGOLAND.com REF: Main Office Line: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY:1 LEGOLAND DRIVE, CARLSBAD, CA SECOND AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no 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 Chicago Title Insurance Company, a Florida 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 to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By: Authorized Signature Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 CLTA Preliminary Report Form – Modified (11/17/06)Page 2 PRELIMINARY REPORT EFFECTIVE DATE:December 27, 2023 at 7:30 a.m. ORDER NO.: 00187827-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: MERLIN ENTERTAINMENTS GROUP U. S. HOLDINGS INC., a Delaware corporation 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 3 EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 1, 1997. APN: 211-100-09-00, 211-100-11-00 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:211-100-09-00 Fiscal Year:2023-2024 1st Installment:$1,863,256.75, paid. 2nd Installment:$1.,863,256.75, unpaid (Delinquent after April 10) Penalty and Cost:$186,335.67 Homeowners Exemption:$0.00 Code Area:09000 Note: APN 211-100-11-00 not assessed. B.A pending assessment for the District shown below. When notice of the assessment is recorded with the CountyRecorder the assessment shall become a lien on said land. District:Community Facilities District No. 1 Disclosed By:Assessment District Boundary Recorded:December 19, 1990 as Instrument No.1990-0674118, of Official Records Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as Instrument No. 1991- 0236959, of Official Records. C.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.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:San Diego Gas and Electric Company Purpose:public utilities, ingress, egress Recorded:July 5, 1972 as Instrument No.72-172891, of Official Records Affects:The exact location and extent of said easement is not disclosed of record 2.The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of Official Records. Affects Lot 18 herein described. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 5 3.An easement for the purpose swn below and rights incidental thereto as set forth in a document. Dated:June 27, 1988 Grantor:Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 Grantee:The City of Carlsbad Purpose:Drainage Recorded:.September 15, 1988 as Instrument No.88-0463305, of Official Records Affects Lot 18 4.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:June 27, 1988 Grantor:Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 Grantee:The City of Carlsbad Purpose:open space and incidental purposes Recorded:September 15, 1988 as Instrument No.88-0463306, of Official Records Affects:Lot 18 5.The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said public highway, as contained in the deed recorded September 15, 1988 as Instrument No.88-463310, of Official Records. Affects Lot 18 herein described. 6.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:June 24, 1988 Grantor:Carltas Company, a California limited partnership Grantee:City of Carlsbad Purpose:drainage Recorded:September 15, 1988 as Instrument No.88-0463313, of Official Records Affects:Lot 18 7.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:May 20, 1992 Grantor:Carltas Company, a limited partnership Grantee:The City of Carlsbad Purpose:Traffic signal maintenance Recorded:July 15, 1992 as Instrument No.1992-0443116, of Official Records Affects:The route thereof affects a portion of said land and is more fully described in said document. Affects Lot 18 herein described 8.A document entitled “Hold Harmless Agreement Drainage”, executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Records. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 6 9.A document entitled “Hold Harmless Agreement Geological Failure”, executed by Carlsbad Ranch Company, L. P., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Official Records. 10.A document entitled “Development Agreement”, dated, January 6, 1996, executed by City of Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records. Affects Lot 18 herein described 11.Covenants, conditions and restrictions (“but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry” as set forth in the document Recorded:July 11, 1996 as Instrument No.1996-0348524, of Official Records Note: Section 12956.1 of the government code provides the following: “If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 12.A document entitled “Notice of Restriction on Real Property”, dated, May 20, 1996, executed by City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding, Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and conditions therein contained, recorded September 5, 1996 as Instrument No. 1996-0450388, of Official Records. 13.A document entitled “Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1”, dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc., Corporation, subject to all the terms, provisions and conditions therein contained, recorded February 7, 1997 as Instrument No. 1997- 0056338, of Official Records. Affects Lot 18 herein described PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 7 14.An Agreement, and the terms and conditions as contained therein Dated:February 21, 1997 By and Between:.Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc., and Acknowledged and Consented to by the California Coastal Commission Recorded:February 24, 1997 as Instrument No.1997-0080274, of Official Records Regarding:Open space deed restriction Reference is hereby made to said document for full particulars. Affects Lot 18 herein described 15.The fact that the ownership of said land does not include rights of access to or from the Street and Highway abutting said land, such rights having been relinquished by the map of said tract. Affects:Lot 18 adjacent to Palomar Airport Road Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 16.The fact that 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 Map of said Tract. Affects:Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map No.13408 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 17.An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:Map No. 13408 Easement Purpose:general access and public utilities and drainage Affects:as shown on said Map No. 13408 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 8 18.Covenants, conditions and restrictions (“but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry” as set forth in the document Recorded:April 1, 1997 as Instrument No.1997-0150347, of Official Records Note: Section 12956.1 of the government code provides the following: “If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.” Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. Among other things, said document provides: Easements and Restrictions 19.An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor:Lego Carlsbad AG, (Lego Carlsbad Inc.) a Swiss corporation Lessee:Lego Land Carlsbad, Inc., a California corporation Recorded:April 16, 1997 as Instrument No.1997-0175999, of Official Records The present ownership of the Leasehold created by said Lease and other matters affecting the interest of the Lessee are not shown herein. An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land Estates AG (Lego Land Estates, Inc.), a Swill corporation and PlayU. S. Acquisitions Co. Inc., a Delaware corporation, recorded August 29, 2005 as Instrument No. 2005-0744001, of Official Records. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 9 An agreement which states that this instrument was subordinated To:Deed of Trust Recorded:May 21, 2007 as Instrument No.2007-0343513 of Official Records By Agreement Recorded:May 21, 2007 as Instrument No.2007-0343514 of Official Records The terms and provisions contained in the document entitled “Amended and Restated Subordination and Attornment Agreement” recorded July 8, 2008 as Instrument No. 2008-0364321 of Official Records. Second Amended and Restated Subordination and Attornment Agreement recorded November 29, 2010 as File No. 2010-065677, Official Records. 20.A document entitled “Landscape Maintenance and Easement Agreement”, dated, April 27, 1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Carlsbad AG (Lego Carlsbad Inc.), a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded April 29, 1997 as Instrument No. 1997-0197544, of Official Records. First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG (Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as Instrument No. 1998-0239009, of Official Records. 21.A document entitled “Hold Harmless Agreement Drainage”, dated, May 29, 1997, executed by Lego Carlsbad AG (Lego Carlsbad Inc.) a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded July 1, 1997 as Instrument No. 1997-0310071, of Official Records. 22.A document entitled “Notice of Restriction on Real Property”, dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-0391746, of Official Records. 23.A document entitled “Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96-14/CDP 96- 16”, dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, Inc.), subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997- 0391747, of Official Records. 24.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:October 30, 1997 Grantor:LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee:San Diego Gas and Electric Company, a corporation Purpose:public utilities, ingress, egress Recorded:November 6, 1997 as Instrument No.1997-0560979, of Official Records Affects:Lot 18 The exact location and extent of said easement is not disclosed of record PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 10 25.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:November 10, 1997 Grantor:LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee:San Diego Gas and Electric Company, a corporation Purpose:public utilities, ingress, egress Recorded:December 1, 1997 as Instrument No.1997-0603896, of Official Records Affects:Lot 18 26.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated:January 21, 1998 Grantor:LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee:Carlsbad Municipal Water District Purpose:water line easement Recorded:March 6, 1998 as Instrument No.1998-0122320, of Official Records Affects:Lot 18 27.A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated:October 21, 1998 Grantor:LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee:Carlsbad Municipal Water District Purpose:water line easement Recorded:March 6, 1998 as Instrument No.1998-0122321, of Official Records Affects:Lot 18 28.A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated:January 21, 1998 Grantor:LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee:Carlsbad Municipal Water District Purpose:water line easement Recorded:March 6, 1998 as Instrument No.1998-0122322, of Official Records Affects:Lot 18 29.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:Grand Pacific Carlsbad, L. P., a California limited partnership Purpose:storm drain easement Recorded:August 3, 2005 as Instrument No.2005-0660417, of Official Records Affects:The route thereof affects a portion of said land and is more fully described in said document. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 11 30.The terms and provisions contained in the document entitled “Notice of Restriction on Real Property” recorded June 6, 2006 as Instrument No. 2006-0398658 of Official Records. 31.A Deed of Trust to secure an indebtedness in the original amount shown below. Amount:$227,272,727.00 Dated:May 21, 2007 Trustor:Merlin Entertainment Group U. S. Holdings Inc., a Delaware corporation Trustee:Chicago Title Company Beneficiary:Bayerische Hypo-Und Vereinsbank AG London Branch, its successors and/or assigns Loan Number:Not shown Recorded:May 21, 2007 as Instrument No.2007-0343513 of Official Records Said Deed of Trust was amended and restated by that certain document entitled “Amended and Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing, executed by Merlin Entertainment Group, U. S. Holdings Inc., a Delaware corporation, as Trustor, to Chicago Title Insurance Company, as Trustee, for the Benefit of Bayerische Hypo-UndVereinsBank AG, Milan Branch, as Beneficiary recorded July 8, 2008 as Instrument No. 2008-0364320 of Official Records. Second Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing recorded November 29, 2010 as File No. 2010-0652676, Official Records. Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by:Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) Recorded:February 28, 2011 as File No. 2011-0108025, Official Records Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by:Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) Recorded:June 2, 2011 as File No. 2011-0282086, Official Records 32.The terms and provisions contained in the document entitled “Notice of Restriction on Real Property” recorded March 24, 2010 as Instrument No. 2010-0146897 of Official Records. 33.A document subject to all the terms, provisions and conditions therein contained. Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recorded:January 12, 2012 as File No. 2012-0019022, Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 12 34.A document subject to all the terms, provisions and conditions therein contained. Entitled:Hold Harmless Agreement Drainage Recorded:January 12, 2012 as File No. 2012-0019023, Official Records Reference is hereby made to said document for full particulars. 35.A document subject to all the terms, provisions and conditions therein contained. Entitled:Hold Harmless Agreement Geological Failure Recorded:January 12, 2012 as File No. 2012-0019024, Official Records Reference is hereby made to said document for full particulars. 36.A document subject to all the terms, provisions and conditions therein contained. Entitled:Notice of Restriction on Real Property Recorded:March 6, 2012 as File No. 2012-0131245, Official Records Reference is hereby made to said document for full particulars. Affects Lot 18 37.A document subject to all the terms, provisions and conditions therein contained. Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recorded:March 5, 2013 as File No. 2013-0142200, Official Records 38.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.San Diego Gas and Electric Company Purpose:.public utilities and ingress and egress Recorded:.November 26, 2014 as Instrument No. 2014-0519247 Official Records Affects:.The exact location and extent of said easement is not disclosed of record First Amendment to Grant of Easement Recording Date:August 03, 2018 Recording No.:2018-0317883 of Official Records 39.The terms and provisions contained in the document entitled “Permanent stormwater quality best management practice maintenance agreement” recorded February 23, 2015 as Instrument No. 2015- 0078873 Official Records. 40.The terms and provisions contained in the document entitled “Permanent stormwater quality best management practice maintenance agreement” recorded September 23, 2015 as Instrument No. 2015- 0500753 Official Records PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 13 41.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:May 03, 2016 Recording No:2016-0208576 of Official Records Reference is hereby made to said document for full particulars. 42.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:October 28, 2016 Recording No:2016-0583977 of Official Records Reference is hereby made to said document for full particulars. 43.Matters contained in that certain document Entitled:Hold Harmless Agreement Recording Date:October 28, 2016 Recording No:2016-0583978 of Official Records Reference is hereby made to said document for full particulars. 44.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:October 28, 2016 Recording No:2016-0584717 of Official Records Reference is hereby made to said document for full particulars. 45.Matters contained in that certain document Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date:November 07, 2016 Recording No:2016-0604310 of Official Records Reference is hereby made to said document for full particulars. 46.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:November 22, 2016 Recording No:2016-0641198 of Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 14 47.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:February 15, 2017 Recording No:2017-0075839 of Official Records Reference is hereby made to said document for full particulars. 48.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:February 15, 2017 Recording No:2017-0075889 of Official Records Reference is hereby made to said document for full particulars. 49.Matters contained in that certain document Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date:February 15, 2017 Recording No:2017-075922 of Official Records Reference is hereby made to said document for full particulars. 50.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:February 15, 2017 Recording No:2017-0075940 of Official Records Reference is hereby made to said document for full particulars. 51.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:February 15, 2017 Recording No:2017-075948 of Official Records Reference is hereby made to said document for full particulars. 52.Matters contained in that certain document Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date:February 15, 2017 Recording No:2017-076030 of Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 15 53.Matters contained in that certain document Entitled:Notice of restriction on Real Property Recording Date:May 01, 2017 Recording No:2017-0193074 of Official Records Reference is hereby made to said document for full particulars. 54.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:June 12, 2017 Recording No:2017-0261255 of Official Records Reference is hereby made to said document for full particulars. 55.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:June 12, 2017 Recording No:2017-0261256 of Official Records Reference is hereby made to said document for full particulars. 56.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:July 21, 2017 Recording No:2017-0330082 of Official Records Reference is hereby made to said document for full particulars. 57.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:November 077, 2017 Recording No:2017-0521212 of Official Records Reference is hereby made to said document for full particulars. 58.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:November 28, 2017 Recording No:2017-0550020 of Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 16 59.Matters contained in that certain document Entitled:Permanent Stormwater Quality Best Management Practice Maintenance Agreement Recording Date:November 28, 2017 Recording No:2017-0550021 of Official Records Reference is hereby made to said document for full particulars. 60.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:November 28, 2017 Recording No:2017-0550022 of Official Records Reference is hereby made to said document for full particulars. 61.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Carlsbad Municipal Water District Purpose:public water easement Recording Date:February 13, 2018 Recording No:2018-056875 of Official Records Affects:Lot 18 62.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Dated:February 1, 2019 Recording Date:March 11, 2019 Recording No:2019-0086156 of Official Records Reference is hereby made to said document for full particulars. 63.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Dated:February 1, 2019 Recording Date:March 11, 2019 Recording No:2019-0086157 of Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 17 64.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:April 23, 2019 Recording No:2019-0147293 of Official Records Reference is hereby made to said document for full particulars. 65.Matters contained in that certain document Entitled:Notice of Restriction of Real Property Recording Date:June 10, 2019 Recording No:2019-0223088 of Official Records Reference is hereby made to said document for full particulars. 66.Matters contained in that certain document Entitled:Notice Of Restriction On Real Property Dated:June 14, 2022 Executed by:City of Carlsbad Recording Date:August 10, 2022 Recording No:2022-0324320 of Official Records Reference is hereby made to said document for full particulars. 67.Water rights, claims or title to water, whether or not disclosed by the public records. 68.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 69.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 70.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:October 6, 2023 Recording No:2023-0271648, of Official Records PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 18 REQUIREMENTS SECTION 1.Before issuing its policy of title insurance, the Company will require evidence, satisfactory to the Company, that Corporation name:MERLIN ENTERTAINMENTS GROUP U. S. HOLDINGS INC., a Delaware corporation a)is validly formed on the date when the documents in this transaction are to be signed; b)is in good standing and authorized to do business in the state or country where the corporation was formed; and c)has complied with the “doing business” laws of the State of California. END OF REQUIREMENTS PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 1 INFORMATIONAL NOTES SECTION 1.None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2.Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in 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. 3.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 4.Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 5.The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies: A.2006 ALTA Owner’s Policy (06-17-06). 6.Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B.2006 ALTA Loan Policy (06-17-06). 8.Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9.Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C.ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10.Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. D.ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15). 12.Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13.Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E.CLTA Standard Coverage Policy 1990 (11-09-18). PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00187827-993-SD2-CFU INFORMATIONAL NOTES (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 2 7.Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. 8.Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. 6.Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 Notice of Available Discounts (Rev. 01-15-20)Last Saved: January 2, 2024 by TTF MISC0164 (DSI Rev. 03/12/20)Escrow No.: 00187827-993-SD2-CFU 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 filed 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 such discount. These discounts only apply to transactions 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. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (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 fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, 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 fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. FNF Privacy Statement (Eff. August 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21)Page 1 Order No. 00187827-993-SD2-CFU FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent 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. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21)Page 2 Order No. 00187827-993-SD2-CFU to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21)Page 3 Order No. 00187827-993-SD2-CFU Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF’s Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Attachment One – CA (Rev. 05-06-16)Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building 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, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with 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: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or 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 which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; 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; Attachment One – CA (Rev. 05-06-16)Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. c.that result in no loss to You; or d.that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is(a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(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 T}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: Attachment One – CA (Rev. 05-06-16)Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: {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.} Attachment One – CA (Rev. 05-06-16)Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (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: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 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.