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CDP 2022-0024; DECHAMPSAVIN RESIDENCE; Coastal Development Permit (CDP)
( City of Carlsbad LAND USE REVIEW APPLICATION P-1 .J Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (gJ Coastal Development Permit 0 Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Minor D Hillside Development Permit O Minor 0 Nonconforming Construction Permit D Planned Development Permit D Minor 0 Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation 0 Site Development Plan D Minor 0 Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance O Minor (FOR DEPT USE ONLY) Legislative Permits :Ofl.ol1 •oo1.~ 0 General Plan Amendment 0 Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change □Amendment 0 Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit 0 Administrative O Minor O Major Village Review Area Permits 0 Review Permit D Administrative D Minor O Major (FOR DEPT. USE ONLY) E NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT*. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 207 -280-33-00 LOCATION OF PROJECT: 4924 LOMA LAGUNA DRIVE (STREET ADDRESS) NAME OF PROJECT: DECHAMPSAVIN ADDITION BRIEF DESCRIPTION OF ADDITION TO AND REMODELING OF AN EXISTING ONE-STORY SINGLE PROJECT: • • FAMILY RESIDENCE. ADDITION OF A MASTER SUITE AND RECONFIGURATION OF EXISTING BEDROOMS AND BATHROOMS. PROJECT VALUE I (SITE IMPROVEMENTS) _.$40;00(r 't 2/ 8 3 D ESTIMATED COMPLETION DATE OCTOBER 2022 FOR CITY USE ONLY Development No. 'Df '\/ 2 0 2.2 -0 0 (o? Lead Case No. P-1 Page 1 of 6 Revised 10/20 <. OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME INDIVIDUAL NAME LOGAN ANDERSON (if applicable): Hallie Thompson (if applicable): COMPANY NAME COMPANY NAME MARCELA & LOGAN (if applicable): (if applicable): ABCl::HIECIS, l~C MAILING ADDRESS: 4924 Loma Laguna Dr MAILING ADDRESS: 1106 2ND ST, #561 CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: ENCINITAS, CA 92024 TELEPHONE: 858-602-8810 TELEPHONE: (619) 807-0640 EMAIL ADDRESS: halliemiller@gmail.com EMAIL ADDRESS: LOGAN@MARCELALOGAN.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 ~ PURPOSES OF THIS APPLICATION. ,11/atk '/M~;r,, Dec.21,2021 12/21/2021 SIGNATURE ---DATE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. #atk '/M~;r,, PROPERTY OWNESIGN FOR CITY USE ONLY P-1 Page 2 of 6 City of Carlsbad APR 11 2022 Planning Division DATE STAMP APPLICATION RECEIVED RECEIVED BY: I e-f lor<-1 Revised 10/20 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: ----------- Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature ___________________ _ Date: ----------- P-1 Page 3 of 6 Revised 10/20 November 18, 2021 CITY OF CARLSBAD DEVELOPMENT SERVICES DEPARTMENT 1635 Faraday Avenue Carlsbad, CA 92008 AmNTION: DEVELOPMENT SERVICES DEPARTMENTS MARCELA LOGAN ARCHITECTS Wrth this letter, I authorize you to recognize Logan Anderson and/or Marcela Anderson as our Agent for matters pertaining to our project at 4924 Loma Laguna. Thank you, Mathieu DeChampsavin and Hallie Thompson Owner/Client www rnc1rcc1alo90;'> corr Dec.21,2021 Date City of Carlsbad APR 11 2022 Planning Division ( City of Carlsbad DISCLOSURE STATEMENT Development Services Planning Division 1635 Faraday Avenue P-1(A) City of Carlsba,.., (160J 602-4610 '1vww.carlsbadca.gov Plannin 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___________ Corp/Part ___________ _ Title Title -------------------------- Address -----------Address ___________ _ 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 Hallie Thompson Title ------------ Address 4924 Loma Laguna Dr. Corp/Part ___________ _ Title --------------- Address ____________ _ Page 1 of 2 Revised 07/10 c· 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 ~ 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. Signature of ownr/dat Hallie Thompson Dec.21,2021 Print or type name of owner Signature of applicant/date Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 (city of Carlsbad C PROJECT DESCRIPTION P-1{8) PROJECT NAME: DECHAMPSAVIN ADDITION APPLICANT NAME: LOGAN ANDERSON Development Services Planning Division 1635 Faraday Avenue {760} 602-4610 www .ca rlsbadca .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 infonnation and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Addition to, and remodeling of, an existing one-story single family residence. Addition of a master suite (bedroom, closet, and bathroom). Reconfiguration of existing bedrooms and bathrooms. The remaining rooms and garage to remain. City of Carlsba•: APR 11 2022 Planning Divisior .. P-1(8) Page 1 of 1 Revised 07/10 l ...,. f '--< ,m,., o Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-l(C) Ccnslilallon ol l.Jsl!i ol s,ies Re!alil!d IO Hazardous ·vi,astes [u..,tlcat,on ol Compharce \'ll!lh Go-.emmerl Codl> Sec loo 65962.5i Pt.nninc Division H,J:. Farada,, /,\'i'!oue llbOl bOl 41,10 -w.ca~'ba~~°" Purs.uant to SUik of catilomia Go'-'l!rnmeot Code Section 65952.5, l h8ll'e collSl.llte<I the Hazardous wastr and Substances Sites List compiled by tne California Environmental Proteaion Agency Md hereby a:ltifythm (chedl one): Ill ne (.E'ltt'iOprl",C'-tl pro.iectand !\flf altefrv11ves proposed ,n t1,s applJC.'IIOn ar~ not conta,ned or, tie ;,!ilscomp11edp,ri.uant lb Soct,on65962.5ol ltll! Siar Goverm,erlCocte. __ D Ti-e ~IJ!llt!!>lpro_ectard any alternat~ proPOsed 10 he; .!l!JPl>Cat,on .-.cortl!lmed on 11,e hst! oomp,led pursua,t to So::t,on 69962.!i ol trr Sia.,: Govemmeit Code. - N>PllCANT NiirN,, Logan Anderson Addess.1106 Second S,t t:561 Encinitas, CA 92024 PROPERTY OWNER \bl)-1a.1 Lie 01.::J-,i.~'Jl"f ttil•~ HtJr1c.t.t..r1 Name, __________ _ .A.Jm:-ss: 4924 Loma Laguna Dr Carlsbad. CA 92008 Phole Nuirber: 619-807-0640 Phorie Nc1nlber: 858-602-2486 .Add'tn;s 01 Sill!: ~924 Loma ~J_u_na_D_r _____ _ wc.o1A<J1=,"'Y cc,._,. .. ,1'l eu .. ,d)). Carlsbad. San Diego ~•book, pagit. and parcel nur,,oor: ~O~~~IJ_O_~~?-OO _ O!llt ol L rsl: The Hazardous Waslll! ancl St.bst&n<Zs Siles List (Cortese List) is used by the Slate, local aoences. aoo d~ to OOffilllv v.Attl the calilomia Environmental Quality Act requirements in pr!Mding information aboll I the 1-0Cation of hazardous materials release sites. City of Car!sbar:: APR 11 2022 Planning Division ( City of Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Developrnent Sen.nceY Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov This Environmental Information Foon will be used to assist staff in determining what type of enwonmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Aci. (CEQA) and TJtle 19 of Carlsbad's Municipal Code. The darity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project Any environmental studies (Le., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact"" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought The more information provided in this fonn, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form-Initial Study. P-1(0) Page 1 of4 City of Carlr APR 11 2022 Planning Divisio1, Revised 07/10 C ENVIRONMENT AL INFORMATION FORM (To be Completed by Applicant) Date Filed: 12/21/2021 (To be completed by City) Application Number(s): _______________________ _ General Information 1. Name of project: _D_E_C_H_AM __ P_S_A_V_IN_A_D_D_IT_IO_N __________ _ 2. Name of deveJoper or project sponsor: ________________ _ 3. Address: 4924 LOMA LAGUNA DR City, State, Zip Code: CARLSBAD, CA 92008 Phone Number: 858-602-2486 Name of person to be contacted concerning this project _L_OG __ A_N_A_N_D_E_R_S_ON ____ _ Address: 1106 SECOND ST, #561 City, State, Zip Code: ENCINITAS, CA 92024 Phone Number: 619-807-0640 4. Address of Project: 4924 LOMA LAGUNA DR Assessor's Parcel Number: 2o7-2so-33-oo --------------------- 5. List and desaibe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: 6. Existing General Plan Land Use Designation: _R_4 _____________ _ 7. Existing zoning district: _R_3 ____________________ _ 8. Existing land use(s): RESIDENTIAL ----------------------- 9. Proposed use of site (Project for which this form is filed): RESIDENTIAL Project Description 10. Site size: l,S60 11. 12: 13. 14. P-1(O) -------------------------- Proposed Building square footage: (E) 1,363 LIVING, (N) 515 LIVING, (E) 476 GARAGE Number ot floors of construction: 1 EXISTING ------------------- Amount of off-street parking provided: _2_G_A_R_A_G_E_S_P_A_C_E_S ________ _ Associated projects: NONE ----------------------- Page2d4 Relli&ed07/10 15. If residential, include the number of units and schedule of unit sizes: _________ _ ONE 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ 17. If industrial, incfteate type, estimated employment per shift, and loading facilities: _____ _ 18. If institutional, inc:ficate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ P-1(0) Page 3 of4 Revised 07/10 C 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. D 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 D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 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, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oit, natural gas, etc.). 0 0 31. Relationship to a larger project or series of projects. D 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 wiD be accepted. 33. Descnbe 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 information required for this initial evaluation to the best of my ability, and the f . and information presented are true and corred to the best of my knowledge a lief. 4/8/2022 Date: ___________ _ For: P-1{0) Page4 cf 4 Revised07/10 .. ( City of Carlsbad MINOR COAST AL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Q_?., v eJ.QJ!..tn en t 5 tJJ.Y.'.!_~~ Planning Division 1635 Faraday Avenue {760) 602-4610 www.carlsbadca.gov P-6 A proposed project requiring application submittal must be submitted by appointment*. Please contact the appointment specialist at (760) 602-2723 to schedule an appointment. "'SAME DAY APPOINTMENTS ARE NOT AVAILABLE AJI joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale. (Use a scale no smaller than 1" = 40'.) I. GENERAL BACKGROUND A. Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the f111al determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction. These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner). Please refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ New Residential Square Footage: square feet x $ /sq. ft.=$ ⇒ Residential Addition Square Footage: 476 + 39 square feet x S 122 /sq. ft.=$ 62,830 ⇒ Any Garage Square Footage: square feet x $ /sq_ ft.=$ ⇒ Residential Conversion Square Footage: square feet x S /sq. ft.= s ⇒ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residentiat uses O.e. Retail/Store; Restaurants; Office; and ManufacturingM/arehouse uses_) ______ square feet x $ __ /sq. fl=$ __________ _ COST OF DEVELOPMENT ESTIMATE: $ 62,830 ------------- B. Do you wish to apply for. 1. A Minor Coastal Development Permit (Under $60,000 cost estimate) D 2. A Coastal Development Permit ($60,000 or more cost estimate)~ C. Street address of proposed development 4924 LOMA LAGUNA DRIVE P-6 Page 1 af7 City of Carl~' APR 11 207 -, Revised 08119 Planning 0ivL. _ . y "; C D. Assessor's Parcel Number of proposed development 207-280-33-00 E. Development Description: Briefly describe project: ____________________ _ 1 ST STORY ENTRY ADDITION & 2ND STORY BEDROOM SUITE ADDITION ABOVE EXISTING GARAGE F. Describe the present land uses (i.e. vacant land, single family homes, apartment&, offices, etc.) that surround the proposed development to the: North: SINGLE-FAMILY RESIDENCE South: OPEN SPACE -AGUA HEDIONDA East: SINGLE-FAMILY RESIDENCE West: SINGLE-FAMILY RESIDENCE G. Is project located within a 100-year flood plain? OYes [X]No II. PRESENT USE OF PROPERTY A. Are there existing structures on the property? (Kl Yes D No If yes, please describe. EXISTING ONE-STORY, SJNGLE-FAMIL Y RESIDENCE. THREE BEDROOM, TWO BATHROOM, WITH ATTACHED TWO-CAR GARAGE. B. Will any existing structure be removed/demolished? IX] Yes D No If yes to either question, describe the extent of the demolition or removaJ, including the relocation site, if applicable (also show on plans). Ill. LOT COVERAGE A. Existing and Proposed Existing Prooosed Total Building Coverage 1,839 sq. ft. 39 sq. ft. 1,878 sq. ft. 28.2 Landscaped Area 1,863 sq. ft. -155 sq. ft. 1,708 sq. ft. 23 Hardscape Area 991 sq. ft. -180 sq. ft. 811 sq. ft. 11 Unimproved Area (left Natural) 3,202 sq. ft. 0 sq. ft 3,202 sq. ft. 42 P-6 Page2of7 Revised 08/19 % % % % P-6 B. Parking: Number of existing spaces 2 CAR GARAGE Number of new spaces proposed 0 Existing/Proposed TOT AL: 2 CAR GARAGE Number of total spaces required _____ _ Number of covered spaces Number of uncovered spaces ______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? D Yes#_[&] No 0Yes# __ l&] No C. Grade Meratlon: Is any grading proposed? D Yes ~ No If yes. please complete the following: 1. Amount of cut __________________ cu. yds. 2. Amountoffill _________________ cu. yds. 3. 4. 5. Maximum height of fill slope _____________ feet Maximum height of cut slope feet Amount of import or export cu. yds. 6. Location of borrow or disposal site _______________ _ Page 3of7 Revised 08/19 ·. Development Services Planning Division CLJMA TE ACTION PLAN CONSISTENCY CHECKLIST P-30 (City of Carlsbad 1635 Faraday Avenue 760-602-4610 www.carlsbadcagov PURPOSE In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. This checklist contains measures that are required to be implemented on a project-bv·project basis to ensure that the specified emissions targets identified in the Climate Action Plan {CAP) are achieved. Implementation of these measures will ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified greenhouse gas (GHG) reduction targets. In this manner, a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of t he CAP, in accordance with CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b). • *City staff are currently not assessing the greenhouse gas impacts of California Environmental Quality Act projects by using the Oimate Action Plan as a qualified GHG reduction plan under CEQA section 15183.S{b). Please consult with the Planning Department for further guidance. Additional information may be found on the dimate Action Plan Update and Vehicle Miles Traveled calculations staff report. This checklist is intended to assist project applicants in identifying CAP ordinance requirements and demonstrate how their project fulfills those requirements. This checklist is to be completed and included in applications for new development projects that are subject to discretional)' review or .require a building permit_ APPLICATION SUBMITTAL REQUIREMENTS P-30 The completed checklist must be included in the project submittal package or building permit application. Application submittal procedures can be found on the City of Carlsbad website. This checklist is designed to assist the applicant in identifying the minimum CAP-related requirements specific to their project. However, it may be necessal)' to supplement the completed checklist with supporting materials, calculations or certifications, to demonstrate full compliance with CAP requirements. For example, projects that propose or require a performance approach to comply with energy-related measures will need to attach to this checklist separate calculations and documentation as specified by the ordinances. If an item in the checklist is deemed to be not applicable to a project, or is less than the minimum required by ordinance, an explanation must be provided to the satisfaction of the Planning Division or building official. The requirements in the checklist will be included in the project's conditions of approval or issuance of building permit. Details on CAP ordinance requirements are available on the city's website. Page 1 of7 City of Carlsbad APR 11 2022 Planl"lina nivision 'Rev1s&ao7/21 City of Carlsbad Climate Action Plan Consistency Checklist STEP 1: LAND USE CONSISTENCY The first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Projects found not to be consistent with the CAP's land use assumptions and that are projected to emit at or above the CAP screening threshold of 900 metric tons of CO2 equivalent (MTC02e) GHG will be subject to a project-specific analysis of GHG emissions' impact on the environment in accordance with the requirements of the California Environmental Quality Ad. (CEQA). This may result in GHG-reducing mitigation measures applied as a condition of project approval in addition to compliance with the CAP ordinance requirements identified in Step 2 of this checklist. I STEP 1 Land Use Consistency Checklist Item (Check the appropriate boK and provide an explanation and supporting documentation for your answer} A Is the proposed project consistent with the existing General Plan land use and specific/master plan a zoning des"131ions? OR, If the proposed project is not consis:tent Mth the existing land use plan and zoning designations. does the project include a land use plan and/or specific plan, master plan or roning designation amendment that would result ri an equivalent or~ GHG-intensive project when compared to the e:xiStl~ designations? Yes No □ If "Yes", proceed to~ of the cheddist. For the serond option under Question A above, provide estimated project-related GHG emissions under both existing and proposed designation(s) for ~Tison. GHG emissions must be estimated ri accordance with the Gty of Carlsbad Gvtdanc:c to Qemorutrllttng Com1St);11cv with the d1mate Action Plan. If .. No", proceed to Question a B. The CAP established a saeening threshold of 900 MTCOie/year for new development projects to assist in determining consistency with the CAP. The types and sizes of typical projects lsted below have been detennned to correspond to the CAP screening threshold. Will the proposed land use change result in the c.onmuction of less than anv one of the following? Single-Family Housing: SO dwelling units Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet Retail Store: 11,000 square feet • GroceryStore: 6,300squarefeet Other: If the proposed project is not ooe of the above types, provide a project~ GHG emissions analysis to tietenrine 'M'lether it is below the 900 MTCO,e/year screenilg threshold. If "Yes", proceed to Step 2 of theched<ist. □ □ If "No", the project's GHG impact is potentially sq:nificant and must be analyzed in accllfdance Mth CEQA. Applicant must prepare a Seff-deweloped GHG emissi:rls reducti.oo program in aa:ordance with the City of Carlsbad Guidance to Demonstratmg Consistency with the 01rnate Action Plan to demonstrate how it YlfOUld offset the increase in emissions aver the~ ~tilns. The project ITIJ5t incorporate each of the applicable measures identified in~ to rritigate.wmulative GHG emissions impacts unless the decision maker lilds that a measure is ilfeasible in accordance with California Environmental Quality M Guidelilel Secfun 15091. Mitigation in lieu of or in addition to the measures in~ may be requireil, depending on the results of the project-specific GHG impact analysis. Proceed and complete a project-specific Self-developed GHG emissions reduction program and Step 2 of the Oieckist. j P-30 Page2d7 Revised 07/21 j City of carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP ORDINANCE COMPLIANCE REQUIREMENTS Completion of this checklist will document a project's compliance with CAP ordinances, and in turn, demonstrate consistency with the applicable measures and actions of the CAP. The compliance requirements in this Step 2 apply to development projects that require a building permit. All other development projects shall implement all emissions-related mitigation measures from the General Plan Update EIR. Project No./Name: Property Address/APN: Appficant Name/Co.: Applicant Address: Contact Phone: Application Information OECHAMPSAVIN RESIDENCE 4924 LOMA LAGUNA DR / 207-280-,33-00 LOGAN ANDERSON 1106 2ND ST, #561, ENCINITAS. CA 92024 (619} 807-0640 Contact Email: LOGAN@MARCELALOGAN.COM Contact information of person completing this checklist (if different than above): Name: Company name/address: Contact Phone: Contact Email: Use the table below to determine which sections of the Ordinance Compliance checklist are applicable to your project . If your project indudes alterations or additions to an existing building, please contact the Carlsbad Building Division for assistance in estimating building permit valuation, by phone at 76D-602-2719 or by email at build1ng@c11rl,;b11dc11.gov. Estimated Building Permit Valuation (BPV): $ 63 345 -~--------- Canstructlon Type I Complete Sectlon(s) J Notes: [x} Residential D New construction I 2A, 3A and 4A I 00 Alterations: □ BPV < $60,000 N/A All residential alt erations DO BPV ~ $60,000 1Aand4A 1-2 family dwellings and townhouses with attached □ Electrical service panel upgrade 4A garages only Multi-family dwellings only where interior finishes are □ BPV 1!: $200,000 1Aand4A removed and significant site work and upgrades to structural and mechanical, electrical, and/or plumbing systems are proposed I D Nonresidential □ New construction 18, 2B, 38, 4B and 5 □ Arterations: Page 3 of 7 Revised 07/21 J City of Carlsbad Climat e Action Plan Consistency Checklist D BPV <! $200,000 or additions ~ 18,5 1,000 square feet □ 8PV <! $1,000,000 18, 28 and 5 Building alterations of<! 75% existing gross floor area □ .: 2,000 sq. ft. new roof addition 2B and S 18 also applies if BPV ~ $200,000 CAP Ordinance Compliance <l,eddist Item Check the appropriate boxes, explain all not applicable and exception items, and provide supportina calculations and documentation as necessary. 1. Energy Efficiency Please refer to car1sbad Orlinance No. c:5-347 and the Califorria Green~ Standards Code (CAI.Green) fa rnae information when complemg this section. A. 1K] Residential addition or alteration i $60,000 bullding permit valuation. See Ord. CS.347, Section 8. Year Built Sing!KuniyRequnmenl5 ll!I Before 1978 Select one: D Duct sealing !la Attic insulation □Cool roof D 1978 and later Select one: D Lighti~ padcage D Water hea~ paclcage D Between 1978 and 1990 D 1991 and later 8. D Nonresidential* new c.onstruction or alb!ratians .!: $200,IDJ buiding penrc valuation, or additions ~ 1,000 square feet See CAI.Green Apperdx AS, Okaassion A5.2. as amended in CS-347, Section 3. AS.203.LLl 0 Outdoor lighbng: .90 Allowed Outdoor Lighti,g Power AS.203.1.12 D Restaurant service water Ilea~ (airnpty with California Enagy Code Section 1405, as amended) AS.203.12.1 Choose one as appic:able: D .95 Energy budget D .90 Energy budget AS.211.1. •• D On--site renewable energy AS.211.3 .. D Green power (if offered by local utility provider, 50% minimum renewable sourr.es) AS.212.1 D Elevators and escalators AS.213.1 D Steel frami P-30 Paga4 d7 0 N/A _________ _ D Exception: Home energy saire ~ 7 (i!l1a!:h certmcationl Pti>-famiy Requrements D Attic insulation Select one: D Attic insulation O[).JctSealng □Cool rod Selectone: D Lighting padcage D Wats heaq padcage 0 N/A _________ _ 0 N/A 0 N/A 0 N/A 0 N/A 0 N/A □ N/A Revised 07/21 City of carlsbad Climate Action Plan Consistency Checklist 0 N/A • Includes lme!s/motels and hidHise residential buidings .. ru alteration!.2$1,<m,<mBPVand affecting> 75"existinggross floor area, cx alterations that add 2,<msquare feetdnew rocladdition:complywith C!lifornia Energy Code section 120.10 instead. j 2.PhotCMlltak:Symms A. D Resldentlal new c.onstrw:tion (for building permit applications submitted aftef 1/1/2ll\. Refer to 2lll9 C.allfomia Enef&'I Code section t'iO.l(cl 1A fof reqgwSMll:5. Nair. I prajed idJdes inslalatiDn d an eectric heat pump watet' heater pursuant to catl5bad onfriance CS-348, inaease system size by JkWdc 1 ~ offset option Is selected. Floor Plan ID (use additicml CJA #d.u. Calcuated kWdc"' sheets if neces5il'VI Total System Size: kWdc= (CJAx.572) / l,<m+(l.15 x#d.u.} ~ cak:ulation where CJA = conditional Ibo( area, #du= number of d~ per plan type If proposed system size is less than czlculated size, plea5e eicplain. ~ □ D □ □ kWdc a. 0 NonreslclenOal new mnstructlon « alterations 2$~ B~ .ind ilffedq 275" existi1g floor area, or iiddltion that inaeases roof .ire.i by U,000 ~refei!t Plsserf!ft!f to Carlsbad OnlnaiaCS-347, Sedion 6 whl!ft completitigthls s«tion. Oioose one of the following methods: 0 Gross Floor Area (GfA) Method GFA: □ If< 1D,OOOs.f. Enter: 5 kWdc Min. System Size: ___ kWdc 0 If 2! 10,000s.f. calculate: 15 kWdc x (GFA/10,000) ** *"Round building size factor to nearest tenth, and round system size to nearest whole number. D rune-Dependent Valuation Mdhod Annual TDV Energy use:••• ll .80= Min. system size: ____ kWdc ***Attach calculation documentation using modeling software approved by the California Energy Commission. P-30 Page5~7 Revised 07/21 City of Carlsbad Climate Action Plan Consistency Checklist 3. Water Heatinl A. D Residential and hotel/motel newwmtruction Please refer to Carlsbad Ordinance CS-347 and CS-348 when completing this section. D For systems serving Individual dwelling units choose one: D Heat pump water heater AND compact hot water distribution AND drain water heat recovery (low-rise residential only) D Heat pump water heater AND PV system .3 k.Wdc larger than required in CA Energy Code Section 120.10 {for high rise residential hotel/motel) or 150.l(c) 14 (for low-rise residential) D Heat pump water heater meeting Tier 3 or higher NEEA Advanced Water Heating Specification D Solar water heating system that is either .60 solar savings fraction or 40 s.f. solar collectors D Exception: D For systems serving multiple dwelling units, install a central water-heating system with all of the following: D Gas or propane water heating system D Recirculation system per CS--347 (high-rise residential, hotel/motel) or CS--348 (low-rise residential) D Solar water heating system that is either: D .60 solar savings fraction or 40 s.f. solar collectors D .40 solar savings fraction, plus drain water heat recovery □ Exception: B. D Nonresidential new construction Please refer to Carlsbad ordinance CS-347 when completing thls section. D Water heating system derives at least 40% of its energy from one of the following (attach documentation): □ Solar-thermal D Photovoltaics D Recovered energy D Water heating system is (choose one): □ Heat pump water heater D Electric resistance water heater(s) □ Solar water heating system with .40 solar savings fraction □ Exception: 4. Electric Vehide OuqinJ A. [XI Residential New construction and major alterations• Please refer to Carlsbad Ordinance CS-349 when completing this section. 00 One and two-family residential dwelling or townhouse with attached garage; D One EVSE ready parking space required D Exception : □ Multi-family residential· D Exception • Total Parking Spaces EVSESpaces Proposed Cao.;:ible l Ready I Calculations: Total EVSE spaces= .10 xTotalparidng (rounded upto nearest'MlOle number) E'& \nsulled = TOUI E'ISE Spaces x .SO (rounded up to ne2rest 'M!oie number) EVSE other-Total EVSE spaces-ME Installed (EVSE other may be "Capable," "Ready' or installed.") I I lnstalJed I I Total P-30 Page6~7 Revised 07/21 I • • City of carlsbad di mate Action Plan Consistency Checklist •Majer alter.nions are: (1) for one and two-family clwelings and t0'M'1houses 'Mth attached garages, alterafuns have a buildi'lg permit valuation~ $60,CXXJ or irdlde an electrical ser.ice panel upgrade; (2) for nutif.mily dwellings (tine lllits « more widlout clttKhed garages~ alter.rtms have a buidi~ permit valuation~ $200,!Dl, i'1tl!liof finishes are l1fflMd and sit,liticant site WOI'( and iwaoes to structural and medi.lnic:al, elertrical, and/Clf plulriling ~ems arei:ropased. B. 0 No11rslerml w construction rncard!s hotr:k/mob!isl D Exception • Total Parking Spaces EVSE Spaces Proposed Capable Ready I Installed Total I calrulalion: Refer lo the table below· Total Numbec d.Parmg Soaces ll'CNided Number ot reouired E.V ~ Numbec o( reooired E\ISE Installed Soaces D D-9 1 1 D 10-25 2 1 D 26-50 4 2 D 51-75 6 3 D 76-100 9 s □ 101-150 12 6 D 151-200 17 9 D 201 and over 10 percent of total SO percent of Required EV Spaces 5. 0 Trwpurtatiu.t Demand Management (TDM) A. List each proposed nonresidential use and i,oss floor area (GFA) allooited to each use. a ~ ADT/1,CXXJ square feet is selected from the 0ty of G3r1sbad Employee ADTTable. Use GFA Empoyee Am /1,CXXJ S.F. Total &nployee ADT Total If total employee ADT is greater than or equal to 110 employee ADT, a TDM plan is required. •MJTE; Notwithstandiig the 110 employee ADT threshold above. General Plan Moblity EIEfnent Policy 3-P.11 requires new d~ that adds vehicle traffic to Vl!tide I.DSaempt street bciities to irf'4llement TOM and transportation system management strategies. Please consult Mth Oty of G3risbad Land Development Engineering (U)E) staff to d.dennine whethef this poky applies to your project. 1DM plan reqtired: Ye5 0 No D LOf Staff Verification: □ _____ (staff initials) P-30 Page 7 o/7 Revised 07/21 ,r CituOky of TORM WATER STANDARDS '-_LJ 11: arlsbMJESTIONNAIRE Carlsbad APR 11 2022 E-34 I INSTRUCTIONS: l}~ye/opment Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome. your p.-oject wtll either be subject to 'STANDARD PROJECT' requirements, 'STANDARD PROJECT' with TRASH CAPTURE REQUIREMENTS, or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more smngent s1orm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the city. Ir you are unsure about lhe meaning of a question or need help in determining how lo respond lo one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: DECHAMPSAVIN ADDITION APN: ADDRESS: 4924 LOMA LAGUNA DRIVE 207-280-33-00 The project is (check one): 0 New Development lK] Redevelopment The total proposed disturbed area is: 39 ft2 ( 0.0008 ) acres The total proposed newly a-eated and/or replaced impervious area is: 0 ft2 ( 0 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # cJ the larger development project: Project ID SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. This Box for City Use Only I I YES NO I Date: I Project ID: City Concurrence: _____ 0 _ __,,__ ___ +-____________ __,_ . . 0 By: E-34 Page 1 of 4 REV 09/21 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? □ ~ If you answered "yes" to the above question, provide justification below then go to Step 6, mark the box stating ·my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no• to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the fallowing: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ IX) b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets Quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in D 00 accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array 1hat meets the criteria provided in section 1.4.2 of the BMP manual? □ [XI If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 6, mark the second box stating "my project is EXEMPT from PDP ... • and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page2d4 REV09/21 STEPJ TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a POP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces □ (xi collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 2. ls your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or D Ix] more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on {Whlic or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is □ Ix] a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redeve.lopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ fxl development project includes develnnment on any natural slope that is twentv-five oercent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is D rn a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feel or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project D [X] site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transoortation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally D Ix] Sensitive Area (ESA)? "Discharging Directly ta• includes flow that is conveyed overland a distance of 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (I.e. not commingled with flaws from adjacent lands).• 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair D IX) shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes D ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 1 ()() or more vehicles per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land D IX] and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2} increases impervious surface on the property by more than 10%? (CMC 21 .203.040) D IX) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 6, check the first box sta1ing, "My project is a PDP ... " and complete applicant information. If you answered ·no• to all of the above questions, your project is a 'STANDARD PROJECT'. Go to step 5, complete the trash capture Questions .. .. .. • Envirorrnentally Sensitive Areas include but are not ~mited ID ell Cleen Water Act Section 303(d) irnP31red water bodies; areas designated as Areas of Special Biological Signfficance by the State Wat.er Resoon:es Control Board (Water Qualify Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the state Water Resources Control Board (Water Quality Control Plan to, the San Diego Basin (1994) and amendmertts); areas de6ignated ai; preserves or their equivalent under the Mul1i Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. E-34 Page 3 of4 REV 09/21 STEP-4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (POP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = sq. ft. D D Total proposed newly created or replaced impervious area (B) = sq. ft. Percent impervious area created or replaced (B/A)*100 = % .. . If you answered "yes•, lhe structural BMPs required for PDP apply only to the creation or replacement or impervious surface ano not the entire development. Go to step 6, check the first box stating, ·My project is a PDP ... • and complete applicant information. If you answered •no," the structural BM P's required for PDP apply to the entire development. Go to step 6, check the first box statino, "Mv project is a PDP .. .-and complete aoolicant information. STEPS TO BE COMPLETED FOR STANDARD PROJECTS Complete the question below regarding your Standard Project (SORWQCB Order No. 2017-0077); YES NO Is the Standard Proiect within any of the following Priority Land Use (PLU) categories? R-23 (15-23 du/ac), R-30 (23-30 du/ac), Pl (Planned Industrial), CF (Community Facilities), GC (General □ [xi Commercial), L (Local Shopping Center), R (Regional Commercial), V-B (Village-Barrio), VC (Visitor Commercial), 0 (Office), VC/OS (Visitor Commercial/Open Space), Pl/O (Planned Industrial/Office), or Public Transoortation S1ation If you answered "yes•, the 'STANDARD PROJECT is subject to TRASH CAPTURE REQUIREMENTS. Go to step 6, check the third box stating, ~My project is a 'STANDARD PROJECT subject to TRASH CAPTURE REQUIREMENTS ... " and complete applicant information. If you answered •no", your project is a 'ST ANO ARD PROJECT . Go to step 6, check the second box stating, "My project is a 'STANDARD PROJECT ... 9 and comolete aoolicant information. STEP& CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION O My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQNIP) per E-35 template for submittal at time of application. [xi My project is a 'STANDARD PROJECT OR EXEMPT from POP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a • Standald Project Requirement Checklist Fonn E-3o' and incorporate low impact development strategies throughout my project. 0 My project Is a 'STANDARD PROJECT subject to TRASH CAPTURE REQUIREMENTS and must comply with TRASH CAPTURE REQUIREMENTS of the BMP Manual. I understand I must prepare a TRASH CAPTURE Storm Water Quality Management Plan (SWQNP) per E-35A template for submittal at time of application. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'ST ANDARO PROJECT stormwater requirements apply. 0 My project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Appt;rant~= Applicant Title: ARCHITECT Date: 4/8/2022 Applicant ign : ~ I E-34 Page4 of4 REV 09/21 CLTA Preliminary Report Form (Rev. 11/06) Order Number: DN-6756519 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Owner: Property: Fust American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 califomia Department of Insurance License No. 151 DN-6756519 (7) David L. Smith (619)231-4659 (714)689-5374 titleunit7@firstam.com Hallie Thompson 4924 Loma Laguna Drive carlsbad, CA 92008 PRELIMINARY REPORT City of Carlsbad APR 11 2022 Planning Division In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration dause. 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 exdusive remedy of the parties. Limitations on Covered Risks applicable to the CL TA and AL TA Homeowners Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Ex.hibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. Please be advised that any provision contained in this document, or in a document that is attached, linked or referenced in this doaiment, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is Illegal and unenforceable by law. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Page 1 of 14 Dated as of January 03, 2022 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Order Number: DIV-6756519 Page Number: 2 ALTNCLTA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Hallie Thompson, A Married Woman, as Her Sole and Separate Property and Nancy Miller, A Widow as Tenants in Common, Subject to Item No. 6 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2022-2023, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2021-2022. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $3,434.14, PAID $0.00 $3,434.14, OPEN $0.00 09-000 207-280-33 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description including but not limited to: TREE PLANTING and incidental purposes affecting said land. First American Title Page 2 of 14 . . Order Number: DIV-6756519 Page Number: 3 5. Covenants, conditions, restrictions and easements in the document recorded MAY 31, 1972 as INSTRUMENT NO. 137736 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction, if any, indicating a preference, limitation, or discrimination based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, handicap, veteran or military status, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, to the extent that such covenants, conditions or restrictions violate applicable state or federal laws. 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. 6. The effect of a deed dated FEBRUARY 08, 2021, executed by HAWE THOMPSON, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY AND NANCY MILLER, A WIDOW, as Grantor, to HAWE THOMPSON, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY, as Grantee, recorded MARCH 22, 2021, as INSTRUMENT NO. 21-219151 of Official Records. 7. 8. 9. 10. 11. 12. The Company must obtain and review the following documents before considering vesting title in the named Grantee: A. An Uninsured Deed Declaration executed by the Grantor and notarized by a notary approved by the Company B. A confidential Statement of Information, completed by the Grantor Once the Uninsured Deed Declaration and Statement of Information are received and reviewed, the Company may have additional requirements. A deed of trust to secure an original indebtedness of $299,936.00 recorded MARCH 22, 2021 as INSTRUMENT NO. 21-219152 OF OFFIOAL RECORDS. Dated: FEBRUARY 08, 2021 Trustor: HALLIE THOMPSON, A MARRIED WOMAN, AS HER SOLE Trustee: Beneficiary: LENDER: AND SEPARATE PROPERTY HEATHER LOVIER MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. QUICKEN LOANS, LLC Any defects, liens, encumbrances or other matters which name parties with the same or similar names as HALLIE THOMPSON. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as NANCY MILLER. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. Water rights, claims or title to water, whether or not shown by the Public Records. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company will require the Deed of Trust to be signed before a First American approved notary. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the dosing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. First American Title Page 3 of 14 INFORMATIONAL NOTES Order Number: DIV-6756519 Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 4924 LOMA LAGUNA DRIVE, CARLSBAD, CA. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded MARCH 22, 2021 as INSTRUMENT NO. 21-219151 OF OFFICIAL RECORDS From: HALLIE THOMPSON, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY AND NANCY MILLER, A WIDOW To: HALLIE THOMPSON, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. A'rst American Title Page 4 of 14 LEGAL DESCRIPTION Order Number: DIV-6756519 Page Number: 5 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 30 OF CARLSBAD TRACT 71-5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7292, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 31, 1972 APN: 207-280-33 First American Title Page 5 of 14 :3 I ,._ 2 $ ~ii! I I I I I I I I I I I I I I I I I I I I I I I I I First American Title Page 6 of 14 Order Number: DIV-6756519 Page Number: 6 ~11 ! .. 2ii,i g~2 IP iii ~~~ ~r I~~ ;~i 112 l! i .,., ,.. .... u .... c:, .., a, .,, _, ~ <..> ~ ,.. 0.. ~ NOTICE Order Number: DIV-6756519 Page Number: 7 Section 12413.1 of the caJifornia Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub- escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Rrst American Title Page 7 of 14 C EXHIBIT A Order Number: DIV-6756519 Page Number: 8 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) CLTA STANDARD COVERAGE POUCY -1990 EXQ.USIONS 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 unless such lien is shown by the public records at Date of Policy. CLTA/ AL TA HOMEOWNER'S POUCY OF TIRE INSURANCE (12-02-13) EXQ.USIONS 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; First American Title Page 8 of 14 Order Number: DIV-6756519 Page Number: 9 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 alter 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. UMITATIONS 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 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE our Maximum DoHar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (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 Oaimant prior to the date the Insured Oaimant became an Insured under this policy; Rrst American T,t/e Page 9 of 14 0 Order Number: DIV-6756519 Page Number: 10 (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 Oaimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [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: [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 acrurate 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 unless such lien is shown by the Public Records at Date of Policy. PARTD 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 POUCY (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 subdMsion of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or s. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; First American Title Page 10 of 14 (c) resulting in no loss or damage to the Insured Oaimant; Order Number: DIY-6756519 Page Number: 11 ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant 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 Trtle 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 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 unless such lien is shown by the Public Records at Date of Policy. 7. [Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10) 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, 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, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured Oaimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; (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 First American Title Page 11 of 14 C Order Number: DIV-6756519 Page Number: 12 Insured has Knowledge that the vestee shown in Sdledule A is no longer the owner of the estate or interest covered by this policy. This Exdusion 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 Exdusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk S 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. 1 o. 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. First American Title Page 12 of 14 .. ' ' .. " Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2022 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our") collect, use, store, and share your information with the exception that a subsidiary or affiliate has their own privacy policy, that policy governs. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products"). For more information about our privacy practices, including our online practices, please visit https://www.first,1m.com/privacy-po1icy/. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy-policy/. How Do We COiiect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.firstam.com/privacy- PQ!jcyL. How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect Your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy- PQ!jcyL. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2022 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF 10-PRNACY22 (12-7-21) gelof2 Privacy Notice (2022 First American Financial Corporation E tis C .,, "I ... JIIII I., C' I ~ First American Title™ ,..., (._Ii,!' For california Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA''). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy- policy to submit your request or by calling toll-free at 1-866-718-0097 Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll-free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll-free at 1-866-718- 0097. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. To the extent any First American affiliated entity has a different practice, it will be stated in the applicable privacy policy. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non-Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, please see "What Information Do We Collect About You" in https://www.firstam.com/privacy-policy. To learn about the sources from which we have collected that information, the business and commercial purpose for its collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in https://www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information" and "How Do We Share Your Information" in https://www.firstam.com/privacy-policy. © 2022 First American Financial Corporation and/or Its affiliates. All rights reserved. NYSE:FAF rm 10-PRNACY22 (12-7-21) age2of2 Privacy Notic.e (2022 First American Financial Corporation En lis -· 80E-502-A(P1)REV.13(06-17) • ERNEST J. DRONENBURG, JR. PRELIMINARY CHANGE OF OWNERSHIP REPOR1· SAN IIIBGO COUNTY AIIIIISORIRECORDERICOIINTY CLERK 1111111 PACIFIC HIGHWAY, SUIR 103. SAN Dll!GO, CA 12101 TELEPHONE (811) 131-17311 To be completed by the transferee (buyer) prior to a transfer of subject property, in accordance with section 480.3 of the Revenue and Taxation Code. A Preliminary Cha~ of OWnershlp Report mll8t be tiled with each conwyance In the County Recorder's office for the county wh .. the property Is located. FOR RECORDER USE ONLY AS8ES80R'S PARCEL NUMBER 2072803300 sei.i.eRiriwisFEROR Hallie Thompson and Nancy Miller iiuveM'iwiiFei@ Hallie Thompson BUY&R'8 DAYTIME TEI.EPHONE NUMBER (858) 602-8810 BUYER'S EMAIL ADDRl8S STREET ADDRESS OR PHV81CALLOCATl0N OF REAL PROPERTY 4924 Loma una Drive Carlsbad CA ~YES ONO This property is intended as my principal residence. If YES, please indicate the date of occupancy or intended occ:upancy. . O YES D(J NO Are you a disabled veteran or a unmarried surviving spouse of a disabled veteran who was compensated at 100% by lhe Department of Veterans Affairs? MAIi. PROPERTY TAX l'l'ORW.TION TO (NAME) Hallie Thompson MALl'ROPS'tTY TAX IN'ORMATION TO (ADDRESS) 4924 Loma Laguna Drive PART 1. TRANSFER INFORMATION COY Carlsbad Please complete all statements. This section contains possible exclusions fronl reasseS&me;,t for certain types of transfers. YES NO City of Carlsbad APR 11 2022 Planning Division 92008 MO DAY YEAR STATE ZIPCOOE CA 92008 D IZ] A. This transfer is solely between spouses (addition or'removal of a spouse, death of a spouse, divorce settlement, etc.). D @ B. This transfer is solely between domestic partners currently registered with the California Secretary of State (addition or removal of a partner, death of a partner, tennination Stlltlement, etc.). IZ] D • C. This Is a transfer: 0 between parent(s) and chlld(ten) 0 from grandparent(s) to grandchlld(ren). D IZ] • D. This transfer is the result of a cotenanfs death. Date of death _________ _ O ll} • E. This transaction is to replace a principal residence owned by a person 55 years of age or older. Within the same county? Oves O NO D [il • F. This tranaaction is to replace a principal residence b~on who Is severely disabled as defined by Revenue and Taxation Code section 69.5. Within the same county? DYES LJ NO 0 IZ] G. Thlslransacllonisonlyacorrectionofthename(s)oftheperson(s)holdinglitletotheproperty(e.g.,anamechar,geuponmarriage). lfYES, please explain: _______________________________ _ 0 @ H. The recorded docllnent creates, terminates, or reoonveys a lender's interest in the property. D 1Z] I. This transaetion is recorded only as a requirement for finanGtng purposes or to create, tenninate, or reconvey a secuity Interest (e.g., cosigner). If YES, please explain: 0 0 J. The recorded document slbstitutes a trustee of a trust, mortgage, or other simffar do~ent. K. This Is a transfer o1 property: 1. to/from a revocable trust that may be revoked by the transferor and is for the benefit of O the transferor, and/or D the transferor's spouse O rdgistered domestic partner. 2. to/from an irrevocable trust for the benefit of the D creator/grantor/lrustor and/or D grantor'$/trustor's spouse ["J grantor's/trustor's registered domestic partner. L. This property Is subject to a lease with a remaining lease term of 35 years or more including written options. . . ' . M. This is a transfer between parties in which proportional interests of the tr&nsferor(s) and transferee(&) in each and every parcel being transferred remain exactly the same afler the tianser. . .. D IZ] N. This is a transfer subject to subsidized low-incc.me housing reguirements with governmentally imposed restrictions, or restrictions imposed by speclfted nonprofi~ corporations. . . ,. . • D IZ] • 0. This transfer Is to the first purchaser of a new bulking containing an active solar energy system. 0 0 P. Other. This transfer is to • • • • __ • ________ _ • Please refer to the Instructions for Part 1. Please provide any other lnfonnation that will help the Asses&0r understand the nature of the transfer. THIS DOCUMENT IS.NOT SUBJECT TO PUBLIC INSPECTION C BOE-502-A {P2) REV. 13 (06-17) PART 2. OTHER TRANSFER INFORMATION Check and C<Jf!IPIBte as applicable. A. Date of transfer, if other than recording date: _____ _ B. Type of transfer: 0 Purchase O Foreclosure O Gift 0 Trade or'exchange O Merger, stock, or partnership acquisition (Form BOE-100-B) 0 Contract of sale. Date of contract _____ _ 0 Inheritance. Date of death: _____ _ D Sale/leaseback O Creation of a lease O Assignment of a lease O Termination of a lease. Date lease began: _____ _ Original term in years (including written options);__ Remaining term in ye .. (including writen optiona): [l] Other. Please explain: Remove parent Tax based on 50% otfMV (S929,138) = S464.569 RT 465,000 -- c. Only a partial interest in the property was transferred. liJYEs ONO If YES, indicate the percentage transferred: 50 % PART 3. PURCHASE PRICE AND TERMS OF SALE Check and complete as applicable. A. Total purchase price ! $ 465,000.00 B. Cash down payment or value of trade or exchange excluding closing costs C. First deed of trust@ __ % interest for __ years. Monthly payment$. ____ _ 0 FHAL_DlscountPolntl) 0 Cal-Vet O VALD~tPolnts) D Fixed rate □ Bank/Savings & Loan/Credit Union □ Loan carried by l\eller . O Balloon payment$_____ Due date: __ _ O Variable rate D. Second deed of trust@ __ % inteiestfor __ years. Monthly payment$. ____ _ 0 Fixed rate O Variable rate O Bank/Savings & Loan/Credit Union O Loan carried by seller Amount$ _____ _ Amount$ _____ _ Amount$ _____ _ O BaHoon payment$_____ Due date: ____ _ E. Was an Improvement Bond or other public financing assumed by the buyer? Oves ONO Outstanding balance$ _____ _ F. Amount, if any, of real estate commission fees paid by the buyer which are not included in the purchase price $. _____ _ G. The property was purchased: OThrough real estate broker. Broker name: • • • • Phone number: ( __ ...,) ___ _ 0 Direct from seller O From a family member-Rela!.ionship _______ _ 0 Other. Please explain:------------------------------------- H. Please explain any special terms, seller concessions, broker/agentfees waived, financing, and any other information (e.g., buyer assumed the existing loan balance) that would assist the Assessor in the valuation of your property. PART 4. PROPERTY INFORMATION Check and complete as applicable. A. Type of property transferred 0 Single-family residence D Multiple-family residence. Nll'nber of units:_ D Other. Description: (i.e., limber, mineral, water rights, etc.) □ Co-op/OWn-yOll'-own 0 Condominium D limeshare 0 Manufacb.nd home □ UnimproYed lot □ Commerdal/lndustrial s. DYES ONO Personal/business property, or incentives, p,:ovided by seUer to buyer are included in the purchase price. Examples of personal property are fUmiture, farm equipment, machinery, etc. Examples of inoenlives are club memberships, etc. Attach list if available. If YES, enter the value of the personal/business property: $_______ Incentives $ ______ _ C. DYES D NO A manufactured home is included In the purchase price. If YES, enter the value attributed to the manufactured home: $ ______ _ DYES ONO The manufactured home is subject to local prope_rty tax. If NO, enter decal number: D. DYES ONO The property'produces rental or othe.-income. If YES, the income is from: □ Lease/rent □ Contract □ Mineral rights □ Other: ___________ _ E. The condition of the property at the time of sale was: OGood □Average OF air OPoor Please describe: . CERTIFICATION I certify (or declare) that the foregoing and all information hereon, including any accompanying statements or documents, Is true and conect to the best of my knowledge and belief. SIGNATU~I\OF BUYER/TRANSFEREE OR CORPORATE OFFICER ► lf'!~ 00 .. • ,., 'FC::::::; DATE / / 02. 08 i.oa.., NAME OF BUYER/TRANSFEREE/PERSONAL REPRESENTATIVE/CORPORATE OFFICER (PLEASE PRINT) Tm.& Hallie Thompson , The Assessor's office may contact you for additio~al information regarding this transaction. TELEPHONE ( 858) 602-8810 EMAIL AOORESS Recording Requested By: See 'Return To:' Name Return To: Doc1.111ent Management Qu1cken Loans. LLC 1050 Woodward Ave Detroit. HI 48226-1906 Property Address: 4924 Loma Laguna Dr Carlsbad. CA 92008-3807 APN: 2072803300 Prapared By: La Tasha Lee 1050 Woodward Ave Detroit. MI 48226-1906 (313)373-QQQQ • 69626196 -\o·',t~\~\o Deed of Trust 3470427028 MIN: 100039034704270281 DEFINmONs Words used in multiple sections Qf this document are defined below and other word11 are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 8. 2021 , together with all Riders to this document. (B) "Borrower"is Ha 11 i e Thompson. a married woman. as her Sole and Separate Property Borrower's address is 4924 Loma Laguna Dr . Carlsbad. CA 92008-3807 . Borrower is the trustor under this Security Instrument (C) "Lender"is Quicken Loans. LLC • Lender is a Limited Liability Company organized and existing under the laws of the State of Michigan Lender'saddressis 1050 Woodward Ave. Detroit. MI 48226-1906 CALIFORNIA-&lale Family-Fannie Mae/Fnlddla Mac UNIFORM INSTRUMENTVIITH MERS 88111ceN Syam,;11 VMP 9 589i534666 ~-!U■~JJWJ!lllJIJHllllllffl 1111 Form 30061/01 V~l (1609).00 ·., .•.• -. F'ege 1 or 18 C (D) "Trustee"is Heather Lavi er (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate coq,oration that is acting solely as a nominee for Lender and Lender's su~rs and assigns. MERS is the beneficiary under this Security Instrument MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note"means the promissory note signed by Borrower and dated February 8. 2021 . The Note states that Borrower owes Lender Two Hundred Ninety Nine Thousand Nine Hundred Thirty Six and 00/100 Dollars (U.S. $ 299 . 936. 00 ) plus ip.terest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the ~ebqn full not later than March 1. 2051 . (G) "Property"means the property that is deScribed below under the beading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Rlders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: § Adjustable Rate Rider § Condominium Rider D Second Home Rider Balloon Rider Planned Unit Development Rider D 1-4 Family Rider VA Rider Biweekly Payment Rider [XX! Other(s) [specify] Legal Attached (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable judicial opinions. (I{) "Community Association ·oues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "ElectronloFunds Transfer" means any transfer (?f.funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so.as to order,_instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiate<f•by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party ( other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, ·or destruction of, the Property; (ii)-condemnation or other taking of all or any part CALIFORNIA-SlnjJle Famlly.faMle Maelfl9ddle Mac UNIFORM INSTRUMENT WITH MERS ==--=~ !llllWJIJJJllVIJIIIIIIIID Form 30051.01 VMPeA(~,~8 of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the ~perty. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "PeriodicPayment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument (Q) "RESPA .. means the Real Estate Settlement Procedures Act (12 U.S.C. Section2601 et seq.) and its implementing regulation, Regulation X (12 C.F'.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related 019rtgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower .. means any party that bas taken title to the Property, whether or not that party bas assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns ofMERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of San Diego (I'ype of Recording Jurisdiction) (Name ·of Recording Juri.,diction) SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. CALIFO~le Femlly-Famle Mae/Freddie Mac UNIFORM INSTRUMENT 'MTH MERS =--=-:.-!■WJUJJl(UIJlllllllllffl Form 30061101 V~(tll09).00 Paga3cif 18 C Parcel ID Number: 2072803300 4924 Loma Laguna Dr Car1sbad ("Property Address"): which currently has the address of (Street) (City), Califomia92008-3807 (Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Iostrument. All of the foregoing 1s referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, bnt, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, rel~g and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for eocumbrances of record. Borrower warrants and will defend generally t4e title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unifonn covenants with limited variations by jurisdi:Gtion ,to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lendtr covenant and agi-ee as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the prip.cipa I of. and iuterest on, the debt evidenced by the Note and any prepayment charges and late charges d1lC undet the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any c;beck or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under,the,Nore and this Se...--urity Instrument be made in one or more of the following forms, as selected by Lelf.(ler:' (a) ~h; (b) money order; (e) certified check, bank check, treasurer's check or cashier's ·check, provided any such check is drawn upon an institution whose deposits are insured by a fedtt41 ageo.cy, instrumentality, or entity; or (d) Electronic Funds Transfer. ' Payments are deemed received by Lender wh~~ received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return.any payment or partial payment.if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are' accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may bold such unapplied funds until Borrower makes payment to bring the Loao c.~nt. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funqs .Qr return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately CALIFORNIA411nQle famlly-Fannle Maelflllddle Mac UHIFOr.M ~STRUMENl" WITH MEIUI Banlcere SyelemP VMP 8 • . W~N ~rFlnanc~ Sew~es !UUl~JI.IJl!~lU,JIHllll~II'~ Ill . • I • I•• .i Form 30CNS 1/01 VMP8A(CA) (1809),00 Pag,14 of 18 prior to foreclosure. No offset or claini which ·Borro~er might have now or in the future against Lender shall relieve Borrower from making'payme.nts due under the Note and this Security Instrument or performing the covenants and agreements sec~ by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender-shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each· Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late cl\arges, Gecond to any other amounts due under this Security Instrument, and then to reduce the prineipal balance of the Note. If Lender receives a payment from Borrower for a d~linquent Periodic Payment which includes a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. If more than one ·Perlodic Payment is outstanding, Lender may apply any payment received from Borrower to the ·repaymenf of the Periodic Payments i( and to the extent that, each payment can be paid in full. To ~e extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. if any; (c) premiums for any and all illS\U8nce required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, oi any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section I 0. These items are called "Escrow Items." ~t origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and ~nts shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender wajves Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obli~tion to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where pay11ble, the amounts due for any Escrow Items for which payment of Funds lias been waived by Under and, ·if Lender requires, shall furnish to Lender receipts evidencing such payment within such tim~ period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrume~t, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to-pay Escrow Items directly, pursuant to a waiver. and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as.to any or all Escrow Items at any time by a notice given in CAI.IFORNIA-Slnale F1m11y,,Fannle Mee/Freddie Mee UNIFORM INSTRUMENT WITH MERS ==·.c=:-IIIIWJIJJIIWIJII IIIIIHII I Fonn 3005 1/01 VMPWCAl(18Q.8).00 • Page5of 18 C accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hol4 Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA., and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of futu(e Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose del)\)sits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Appli~le Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable.Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amoµnt necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all tax.es, assessments, charges, fines, and impositions attributable to the Property which can attain •priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent tlult thi,se items are Escrow lteQ:18, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. ~ithin 10 days of the date on which that CALIFORNIMllnGle FamllY.f'amle Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS ==--=-:.... !IIWJIJJ!IWIJIIIIIIIIIIB Fonn 3005 11111 VMPSA(CA) (1808).00 Paoehf18 notice is given, BoITOwer shall satisfy the lien or take one or·more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards inaluded within the term "extended coverage." and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone detenn.iua~ion, certification and tracking services; or (b) a one-time charge for flood zone determin!',tion and certification services and subsequent charges each time remappings or similar change$ occur which reasonably might affect such determination or certification. BoITOwer shall a~ be resppnslb'le for the payment of any fees imposed by the Federal Emergency Management Agency in connection witJ). the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the co.vcrages descn"bed above, Lender may obtain insurance coverage, at Lender's option and Borro,ver's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Tb,~fore, such coverage shall cover Lender, but might or • might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the co~ of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall beoome additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at tlie"Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by l:endet and renewals of such 'policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee a.il.d•Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid-premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise requirf!(l_ by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mqrtgage clause and shall name Lender as mortgagee and/or as an additional loss payee and· B~wer further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. . . . In the event of loss, Borrower shall give pro~t notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any. insurance Jll'OCCeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration.or repair of the Property, if the restoration or repair is economically feasible and Lender's security i's not lessened. During such repair and restoration CALIFOANIA41ng!e FamllY.f'amle Mlle/Fllldclle ~ UNIFORM INS~UMENT wn;H .ME~ • ==---=:.-tilllJJJIJllllUIJIIIIIIIIIIH Fonn 300S 11'1)1 VMPeA(C,.)(1509),00 Page7of 18 C period. Lender shall have the right to hold sucf.\.insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work. has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a:series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay .Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender maifile, negotiate and settle any available insurance claim and related matters. If Borrower does nqt respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, th~ Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under ail insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which c~nsent shall not be unreasonably withheld, or unless extenuating circumstances exist ~ch ace beyond Borrower's control. 7. Preservation, Maintenance and Proiedlcm of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, alto~ the Property to deteriorate or commit waste on the Property. Whether or not Borrower is.residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section ~ that ~pan· or restoration is not economically feasible, Borrower shall promptly repair the Property if dam.aged to avoid further deterioration or damage. If insurance or condemnation proceeds are pa~d in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairiug or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make mlSOnable. entries. upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or p,:ior to such an interior inspection specifying such reasonable cause. CALIFORNIA-8lnale famQy.falVlle Maelfraddle Mac UNIFOIUA IIISTRUMENTWITH MERS ===:..... ti-lJllllVIJIIIIIIIIIIH ·.· ... Fonn 3006 1/01 VMP8A(CAJ (1809).00 '""9ehf18 8. Bo1TOW81"s Loan Application. Borrower shall be in default i( during the Loan application process, BoJTOwer or any persons or entities acting at the direction of Borrower or with BoJTOwer's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material inf~tion) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as BoJTOwer's principal residence. 9. Protection of Lende(s Interest in the Properf¥ and Rights Under this Security Instrument If (a) BoJTOwer fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain. priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower bas abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien whtch has priority over this Security Instrument; (b) appearing in court; and ( c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does hot have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest; upon notice from Lender to BoJTOwer requesting payment. If this Security Instrument is on a leaseholdt Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such iµsurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, BoJTOwer shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost t(i) Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due whe!l tbe insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in CALFORNIA-elngle F-lly-Famle MaelF19ddle Mac UNIFORM ""STRUMENT WITH MERS ==--=:..... HIWIIJJlllllR,IIIIIIIIIDI Fonn 3005 1,111 VM~l (11109),00 Pagel of 18 C full. and Lender shall not be requb:ed to pay ~rrow-er any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender requi(ed Mortgage Iqsurance as a condition of making the Loan and BoITower was requb:ed to make separately designated payments toward the premiums for Mortgage Insurance, BoITower shall pay the premiums requb:ed to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between BoITOwer and Lender providing for such termination or until termination is requb:ed by Applicable Law. Nothing in this Section 10 affects BoITower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may incur ifBoITower does not repay the-Loqn as agreed. Bo1Tower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that ~ satisfactory to the mortgage insurer and the other party (or parties) to these agrecmentg. Th~se agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may wwe available (which may include funds obtained :from Mortgage Insurance premiums). A$ a result of these agreements, Lender,,any pUNhaser of the Note, ano~er insurer, any reinsurer, any other entity, or any affiliate of any cf the foregoing, may receive ( directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing ot modifying the mortgage insuret-s risk, or reducing losses. If such agreemeni provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the idsurer~ the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will·not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other ternis • of the Loan. Such agreeinents will not Increase the amount Borrower will owe foJ_" Mortgage Insurance, and they will not entitle Borrower to any refund. • (b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Hottteowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to ~Ive a refand of any Mortgage lnlurance premiums that were unearned at the time of such can.cenat1on or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lendet. . . If the Property is damaged, such Miscell~us Procee,ds shall be.applied to restoration or repair of the Property, if the restoration or repair is economically feasible and.Lender's security is not lessened. Dudng such repair and restoration period; Lende1 shall have the right to hold such CALIFORNIA~ FemUV-Fannle Mae/FNlddle Mac UNIFORM INSTRUMENT WITH MERS ==---=:.... . • • l■wi!IWIJIIIIIIIIIII "-30051/01 VMPM(~~,8 Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and. restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on S11ch ~iscellap.eous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be le~sened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instn1ment, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whet er or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destn1ction~ or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediate y before the partial talcing, destruction, or loss in value, unless ·sorrower and Lender otherwise agree in writing, the s 1ms secured y this ecurity Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, d~ction, or loss in val\Je divided by (b t e fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction. or loss in value of the Property in w ic the fair mar et val 1e of the Property immediately before the partial taJcing, destruction. or loss in value is less than the amount of the sums secured immediately bdon:' the partial. taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneo s Proceeds shall be applied to the sums secured by this Security lnstrum~nt whether or not the sums are then due. If the Property is abandoned by Borro -,,,er, or if, after notice by Le der to Borrower that the Opposmg Party (as defined in the next sentence) offers to maJce an award to settle a claim for damages, Borrower fails to respond to Lender :vi.thin 30 days after t e date t e notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, w ether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or right u der this Security Instrument. Borrower can cur sue a default and, if acceleration has occurred, reinstat~ as provided in Section 19, by causing the action or proceeding t be di missed with a rulin t at. in enders judgment, precludes forfeiture of the Property or other material impairment of Lender's -interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that ar attributable to t e impairment of Lender's interest in the Propc1ty are hereby assigi1ed and shall be paid to Lender CALIFORNIA.slngle Famlly-Fannle Mae/F19ddle Mac UNIFORM INSlRUMENT WITH MERS ::-.::: == :..... .!l!IWI IJ,IIJl!l!JIJUIII IIIHIDII Fonn 3005 1.I01 VMPOA(CA) (1609).00 Pag• 11 of18 All Miscellaneous Proceed:. that are not applied to .estoratiou or repair of the Property :.hall be applied in the order provided for in Section z. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successo1 in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Ioterest'ofBorrower. Lender shall not be req\lired to commence proceedings against an} Successor in Interest of Borrower or to rcfus .. to extend tim.,; for payment or otherwise modify amortization of the sums secured by Lhls Security Instrument by reason of any demand made by the original Borrower or any S\1cccssors in Interest of Borrower. AJJ.y for!ieJrance by Lend r in ex .. rcising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or·prccludc the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower coYcnants and agrc s that Borrower's obli,gations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument b\lt does not execute the Note (a "co-signer"): (a) is co-signing this S curity Instrument only to mortgage, grant <-.0d c nvey th1.. co-sign r's intc;n.:st in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums seemed by this Security Instrument; and ( c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodatio~ with regard to th tenns of this Security Instrument or the Note without the co-signer's con.sent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who ass\lmes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits unde1 this Security Instrument. Borrower shall not be released from Borrower's obligations and liability ~nder this Security Instrument unless Lender agrees to su hr lease in writing. Th cov nants and agreem nts of this Security Instrument shall bind (except as provided in Section 20) an~ _b~nefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting L~nder's interest in the Property and rights under this Security Instrumen~ including, but not limited to, attorneys' fees., property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. • If the Loan i.s subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other I an charg s coll.:cted or lo be collected in ·connection\\ ith the Loan exceed the permitted limits, then: (a) any such loau charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunJ~ to Borrower. Lend r may ch ose to make thi1> refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a pjlrtial prepayment without any prepayment charge (whether or not a prepayment charge is provided foe under t.he 1 ote). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out 9f such overcharge. i:;t~~t~~~u.!· i~n,-Fannle Mae/Freddie Mac UMFORM INSTRUMENT WITH MERS Wol~3 ~uwerFmanclal Se~lcH ,u,Jl~J2l}IJ2'l'l~ll(,JIII IIIIIIII II Ill Fom, 30051/01 VMPeA(CA)(1609).00 Pago 126f 18 A notary public or other officer completing thi:S certillcate verifies only the identity of the Uldividual who signed the document to which this certificate 1s attached, and not the trnthfulness, accuracy, or validity of that document. Stnte of Ca 1 if:irni a B Countv of San Ji ego , ' • Ou Fe,rJ:l'"'Y 8, 202: ,bcforcmcYta.vNh e.Zt)Jl[ /eokhJt.th Notary Pub I ic, personally appeared Hal 7 1 e Thompsor: who proved to me on the basts of sausfactory evidence to be the persou~ whose name(,1 is~ subscribed to the within instrument and acknowledged 10 me that)re/sbe/tL~ executed the same in lm/her/t!)e{r authorized capacity(iSJ6'5, and that by)rl'.'.'<:Jheri!Wu sigoatur~ on the instrument the perso~. or the entity upon behalf of whicb. the perso~ acted, executed the instrument. I ce11ify under PENALTY OF PERJURY under the laws of the State of California that the foregoing parngraph 1s trne and correct. WITNESS my band and official seal. SiAVAS~ REZ.4EI ROKHSARI Nota•y Public• Callfor.,ia San Ol!!go County i Commlsifon // 2336765 M}' Comm, €Jcplr111 Dec 3, 2024 Loan Origination Organization:0u, cl:er ,. oars. L!..C NMLS ID: 303:) Loan Originator: Benj ami r l·i Ki eh 7 NMLS ID: 202.3535 CALIFORNIA-Single Family•fannle Mae/Fredd;e Mac UNIFORM l,s$Tli.L'MF.NT \~ITH MERS Banke~s Systof1\~il,I VMP ,gt Wolter; Kluwer J:,nancia1 Ser,ieos Form 3005 1 /0 I V~IP6A(CAi (1509).00 Page 18of '8 0 0 The undersigned Borrower requests that a copy of any Notice of Default and any Notice of Sale under this Security Instrument be mailed to the Borrower at the address set forth above, A copy of any Notice of Default and any Notice of Sale will be sent only to the address contained in this recorded request. If the Borrower's address changes, a new request must be recorded. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstrnment and in any Rider executed by Borrower and recorded with it. JWk;-t - ----Hallie Thompson 02/08/2021 (Sealj -Borrower __________________ (Sealj -Bortower __________________ (Seal) -Borrower __________________ (Sealj -Borrower D Refer to the attached Signature Addendum for additional parties and signatures. CALIFORNIA-Single Famlty-Fannlo Mae/F1eddle Mac UNIFORM INSTRUMENT WITH MERS Bonk•~ Syslom:fM VMP ® Wollers Kluwer Flnanc"'I Sorvlces Fonn 3005 1/01 VMP6A(CA) (1509).00 Page 17 0118 permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22. including, but not limited to, reasonable attorners' fees and costs of title eYidence. If Lender i1n-okes the power of ~ale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an e, ent of default :1nd of Lender's election to cause the Proper()· to be sold. Trustee shall cause this notice to b~ r~corded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other r,crsO()S prescl'ibed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trusiee, without demand on Borrower, shnll sell the Property at public auction to the highest bidder at the .. time ,md place and under the terms designated in the notice of s:ile in one or more pnrcds and in any order Trustee determines. Trustee may postpone sale of all or any parcel of tL.e PropertJ by public announcement :it the time and place of any pre,'iously scheduled sale. Lender or it~ designte may purchase the Property at any sale. Trnstee shall deliver to the purchns~r Trustee's deed com·eying the Property without any co,·enant or warranty, expressed or implled. The recitals in the Trustee's deed shall be prima facie e\'ideoce of the truth of the stateruents made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to :ill expei1scs of the sale. including, but not limited to, reason:ible Trustee's rind attorneys' fe~s; (b) to nil sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon pt.yment of al I sums secured by this Security Insm11nent, Lender shall request Trnstee to rcconvey the Property and shall surrender this Security Instrnmcnt ond all notes evidencing debt secured by this Security fnstrnment to Trnstee. Trnstee shall reconvey the Property without warranty to the person or persons legaily entided to it Lender may charge such person or persons a reasonable fee for reconveymg the P1op~.ty, bqt only if the fee is paid to a thi.rd party {such as the Trnstee) for services rendered and rhe charging of the fee is permitte.d under Applicable Lnw. If the fee charged does not exceed the fee set by Applicable Law. the fee is couclusivcly presumed to be reasonable. ' 24. Substitute Trustee. Lender, at its opticll., may from time to time appornt a successor trustee to any Trnstee appointed hereunder by an instniment executed and acknowledged by Lender and recorded in the office of the Recorder of the-county 111 which the Property 1s located. The instrument shall contain the name of the orig111al Lender, Trustee :.md Borrower, the book ana page where this Security Instrument 1s recorded and the name and address of tbe successor trustee Without couveyanec of tbe Property, the successor trnstee shall succeed co all the title, powers and duties conferred upon the Trustee herem and by Applicable La,v. Tl:Jis procedure for substitution oftrnstee shall govern to the exclusion of all orher provisions for substitution. 25. Statement of Obligation Fee. Ler.der ll!ay collect a fee not to exceed the maximum amount permitted by Applic:ible Law for furnishing the staierner,t of obligation as provided by Section 2943 of the Civil Code of California. Fom, 3005 tJOI VMP6A(CA) (1509).00 Page 16 of •8 of acceleration given to Borrower_pursuant to Section I 8 shall be deemed to satisfy the notice and opportunity to tuke corrective action provisions of this Section 20. 21. Hazardous Substances. As used in thrs Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous· substances, pollutants, or wastes by Environmental Law and the followmg substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents., materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the ?roperty is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, rem~dial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but 1101 limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and ( c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. Tf Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary.remedial actions in accordance with Environmental l,.1,w. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANl'S. Borro_wer-aud Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or ag,eement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrc,wer, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice sltall further inform Borrower of the l"ight to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may in_!oke the power of sale and any other ~~med~ __ CALIFORNIA.Single Family-Fannie M.le/Freddle Mac UNIFORM INSTRUMENT W1TH MERS ,::.-::: ~~r.:.~::' :~.. ~1, JD!~J,11u1i111~.1 m11 11111111111111 Fonn 30061101 VMP6A(CA) (1509).00 Paga 16of 18 pay these sums prior to tf1e expll"atlon of this period, Lender may invoke any remedies permitted by this Security Instrument without forthcr notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Iustrnment discontinued at any time pnor to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security lnstnunent; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrnment. Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Iostrumea.t and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, t0cludl.llg, but not limited to. reasonable attorneys' fees. property inspection and valuation fees, aod other fees incurred for the purpose of protecting Lender's interest in the Property and rights under cbis Security Instrnrneut: a~d (d) takes such action as Lender may reasonably require to assure that Leader's interest io the Properry and nghts under this Secunty Instrument and Borrower's obligation to pay the sums secnred·by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such rcmstatemcnt sums and expenses in one or more of the followmg forms, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's cl1eck or cashier's check, provtdcd any such check is drawn upon an institution whose dcposus are msured by:: federal agency, mstn1mentaltty or entity; or (d) Electronic funds Transfer. Upon re111statement by Borrower, this Secllrity Instrnment and obligations sect1red hereby shall remain folly effective as 1fno acceleration bad occurred. However, ttus right to reinstate shall not apply in rhe case of acceleration under Section 18 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (togcth~r with this Security Instrnment) can be sold one or more times without pnor notice to Bonower. A sale might result ma change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security lnstrnmeot and performs 0th.er mortgage loan servicing obligations under the Nore, this Security Instrnment. and Applicable Law. There also might be one or more changes of tbe Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice oftbe change which will state the name a11d address of the new Loan Servicer, the address to wh1cb payments should be made and any other information RESP A requties in coW1ectioo wilb a notice of transfer of servicing. If the Note is sold and thereafter the Loan 1s serviced by a Loan Servicer other than the pmchru;er of the Note, the mortgage loan servicing obligat1ons to Bonower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and ure not %Slimed by the Note purchaser unless otherwise provided by the 1'Jote purchaser. Neither Borrower nor Lender may commeuee, join, or be jomed to any judicial action (as either ao 1 ndiv1dual litigant or the member of a class) th:lt arises from the other party's actions pursuant to this Security lnstmment or that alleges that the otber party has breached any provision of, or any duty owed by reason of, chts Security Instrnm~nt, until such Borrower or Lender has notified the other party (with such notice given in compliacce with the n::qwremeots of Section l 5) of such alleged breach and afforded the ocher party hereto a rea5ouable period after the giving of such notice to take corrective action. If Applicable La,v provides a time period wb.ich must elapse before certain action can be taken. that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration aud opportunity to cure given to Borrower pursuant co Sectiou 22 and the notice CALIFORNIA,Sir,l'e Fa:Till):_•cainle '/ae:=roddle Mac UNIFORM 1;•1SfRUMENT'NIT~ ~ERS ·~~· ~~~7:;;,:': ,~.," iu,J1111mi1 ~,1111 rnl11~u~ 111111111111111 fom, 3005 1 /01 VMP6A(CA) (1609).00 Pa3e 1~ of 18 15. Notices. All notices given by B01Tower or Lender ia connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Sccu~ty Inscrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constit11te notice to all Borrowers unless Applicable Law cxore~sly requires otherwise. The notice address shall be the Property Address unless Borrower has dcslgnated a substitute uoticc address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security lnstmment at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in cow1ection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under thi~ Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or 1mplicitly allow the parties to agree by contract or it might be silent, but sucb silence shall not be construed as a prohibition against agreement by contract. In the ~vent t!Jat 3ny provision or clause of this Security Insm1mcnt or the Note contlicts with Applicable Law, such contlict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice vcr;;a; and (c) the word "may" gives sole d·iscretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be. given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred m a bond for deed, contract for deed, installment sales contract or escrow· agreement, th:! intent of which is the transfer of title by Borrower at a future date to a purchaser. ' If all or ony part of the Property or any Interest m the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Bon'Ower ,is sold or transferred) without Lender's prior written consent, Lender may require im,n:diate payment in foll of all sums secured by this Sccunty Instnimcnt. However, this option 3hall not be exercised by Lender if such exercise is prohibited by Applicable Law. ,. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide o period of not less than 30 days from the date the notice 1s givi::n in accordance with Section l 5 within which Borrower must pay all sums sec~1rcd by this Sect•rity Instrnment. Jf Borrower fails to CAI.IFORNIA-Smglo Family-Fnnnle Mac/Fruddlo Mac UNIFORM INSTr.U/vlENT WITH MERS ~~-: =-~~r .~n !llllJ!f l~JJJIUJJ!l!lJll,11 II RIIII 111111 ., .. ,,. Fonn 30051/01 VMPGA(CA)(1609).00 Pago 13 of 18 EXHIBIT A -LEGAL DESCRIPTION Tax Id Number(s): 2072803300 Land situated in the City of Carlsbad in the County of San Diego in the State of CA LOT 30 OF CARLSBAD TRACT 71-5, IN THE CITY OF CARLSijAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7292, FILtD IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 31, 1972 Commonly known as: 4924 Loma Laguna Dr, Carlsbad, CA 92008-3807 NOTE: The property address, tax parcel identification number, and property type are provided solely for informational purposes and are not insurable forthi? transaction. -. RECORDING REQUESTED'3Y: First American Tille Company AND WHEN RECORDED MAIL TO: Mrs. Hallie M. Thompson and Mrs. Nancy Miller 4924 Loma Laguna Dr. Cartsbad, CA 92008 MAIL TAX STATEMENT 10 ~ TIUe Order No.: 442121M DOC ti 2013-0429756 I 111111111111111111111 ~HI 111111111111111 HII IIIII IIII IIIII IIII IIII JUL 09, 2013 4:45 PM OFFICIAL. RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenbulg, Jr .. COUNTY RECORDER FEES: 617.50 OC: . OC 11318 PAGES: 2 1■111111111■111111 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $599.50 [X) computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [X] City of Carlsbad AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Janet L. Leininger and Thomas L McRae, Trustees of the McRae Family Trust, dated 12/4195 hereby GRANT(s) to: HaUle Thompson, a Married Woman, n her sole and separate property and Nancy MIiter, a Widow as Tenants in Common the real property in the City of Carlsbad, County of San Diego, State of California, described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "N AND MADE A PART HEREOF Also Known as: 4924 Loma Laguna Or., Car1sbad, CA 92008 AP#-. 207-280-33-00 DATED June 21, 2013 STATE OF CALIFORNIA COUNTY OF "" . , \ \ .,8f On 1 , , before me,\ , :r A Notary Public in and for said State personalty appeared l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the peraon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of canfomla that the foregoing paragraph is true and correct. WITNESS my hand and offidal seal Janet L Leininger and Thomas L. McRae, Trustees of the McR e Family Trust, dated 12/4/95 BY: ,& t -ii:' Janet L Leinin r, rus ee BY~ v,#;,,QJ---'7:£ Thomasl.Mhe, Trustee @ NICOLE FORSBERG Commission # 1924584 < Notary Public • California I ~ San Diego County ? J. ; 0 ; U ,Ml S0T~· ;•gir:s }tb J-JV if APR 11 2022 Planning Division 11319 e \ f\ LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 30 OF CARLSBAD TRACT 71-5, IN THE CITY OF CARLSBAD, COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7292, ALEO IN THE OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 31, 1972 APN: 207-280-33-00 -. DOC # 2013-0429756 RECORDING REQUESTED~Y: First American TiUe Company I 11111111111111111111111811111111111111111111111111111111111111111111 AND WHEN RECORDED MAIL TO: JUL 09, 2013 4:45 PM Mrs. Hallie M. Thompson and Mrs. Nancy Miller 4924 Loma Laguna Dr. OFACIAL RECORDS Carlsbad, CA 92008 SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenbi.-g. Jr .. COUNTY RECORDER FEES: 617.50 OC: .. OC MAIL TAXSTATEMENT 1ol) 11318 PAGES: 2 111111111111111111 Tltle 0f'der No.: 4421216-4 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE($) DOCUMENTARY TRANSFER TAX is $599.50 [X] computed on full value of property conveyed, or [ ] computed on full value less vaJue of liens or encumbrances remaining at time of sale. [ ] Unincorporated area [X] City of Carlsbad AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Janet L. Leininger and Thomas L. McRae, Trustees of the McRae Family Trust, dated 12/4/95 hereby GRANT(s) to: Hallie Thompson, a Married Woman, as her 80Ie and separate property and Nancy Miller, a Widow as Tenants in Common the real property in the City of Carlsbad, County of San Diego. State of California, described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF Also Known as: 4924 Loma Laguna Dr., Carlsbad, CA 92008 APtJ:-. 207-280-33-00 DATED June 21, 2013 STATE OF ~IFORNIA COUNTYOF ~ 1\ \ \('°'5 On 1f .Ll beroreme.f , l 1< A Notary Pubric in and for said StatEI personally appeared L I \' who proved to me on the basis of satisfactory evidence to be the person{s) whose name{s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the peraon(s), or the entity upon behalf of which the person(s) acted. executed the imtrumenl I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \ ~ l , & (Seal) MAIL TAX STATEMENTS TO PAR SH~ BELOW; IF NO PARTY SHOWN, MAIL AS DIRECTEe,t~Vof Carls ad APR 11 2022 Planning Division C'l-'-,\", r f\ LEGAL DESCRIPTION 11319 Real property in the City of Carlsbad, County of San Diego, State of Callfornla, described as follows: LOT 30 OF CARLSBAD TRACT 71-5, IN THE CITY OF CARLSBAD, COUN"TY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7292, ALED IN THE OFACE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y MAY 31, 1972 APN: 207-280-33-00