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HomeMy WebLinkAboutSDP 2022-0003; FPC RESIDENTIAL; Engineering Application (3)APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-23 Page 1 of 2 REV 03/23 Complete all appropriate information. Write N/A when not applicable. Project Name: Date: __ Project Description: Project Address: Lot No(s).: Map No.: APN(s): Number of Lots: Number of Acres: Miles of Trails: Owner: Applicant: __ Mailing Address: __ __ Phone Number: __ Fax Number: __ E-mail:__ Signature: Date: Mailing Address: Phone Number: Fax Number: E-mail: I certify that I am the legal owner and that all the above information is true and correct to the best of my knowledge. Signature: Date: Civil Engineer: Firm: Mailing Address: Soils Engineer: Firm: Mailing Address: Phone Number: Fax Number: E-mail: State Registration Number: Phone Number: Fax Number: E-mail: State Registration Number: Additional Comments: IMPROVEMENT VALUATION 1.What water district is the proposed project located in? (check one) Carlsbad Municipal Water District Olivenhain Vallecitos 2.If in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public (median) landscape and irrigation, and drainage improvements (if applicable)? $164,986 GRADING QUANTITIES cut cy fill cy remedial cy import cy export cy ~w..56 ,e.,,g.""' ww6 V V □ □ □ APPLICATION ENGINEERING PLANCHECK E-23 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov E-23 Page 2 of 2 REV 03/23 APPLICATION ACCEPTED BY: DATE STAMP APPLICATION RECEIVED Complete all appropriate information. Write N/A when not applicable. APPLICATION FOR (check all that apply) FOR CITY USE ONLY Project I.D.Drawing Number Deposit /Fees Paid Comments Adjustment Plat (ADJ) Certificate of Compliance (CE) Dedication of Easement (PR) Type: Type: Encroachment Permit (PR) Final Map (FM) Grading Plancheck (DWG) Improvement Plancheck (DWG) Parcel Map (PM) Quitclaim of Easement (PR) Type: Reversion to Acreage (RA) Street Vacation (STV) Tentative Parcel Map (MS) Certificate of Correction (CCOR) Covenant of Easement (PR) Substantial Conformance Exhibit (SCE) Trails < mile >mile Other □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ ( City of Carlsbad APPLICATION GRADING PERMIT E-24 Development Services Land Development Engineering 1635 Faraday Avenue 442-339-2750 www.carlsbadca.gov I PERMIT NUMBER: GR 2023-0029 Project Name: FPC Residential Project Number: SDP2022-0003 Project Location: 7200, 7290, 7294 Ponto Drive, Carlsbad, CA 92011 Drawing Number: 543-6A Assessor Parcel Number(s): 214-160-28, 214-160-25, 214-171-11 Project Description: Proposed multi-family development comprised of 23 bui:dings Including 86 total unils. Parking areas, open space areas, private driv8'.vays, and private utiities to support the devek>pment. Owner: Fenton Ponto, LLC Address: 7577 Mission Valley Rd. Suite: City: San Diego State: CA Zip; 92108 Phone Number: (619)400-0120 Email: rwebb@hgfenton.com I certify that I am the legal o~ner of thi . operty and I authorize the grading associated with t]'~is ermit. OWNER SIGNATURE: DATE: ~ tl)Z'/ -Civil Engineer: Pasco Laret Suiter & Associates Address: 1911 San Diego Ave. Suite: 100 City: San Diego State: CA Zip: 92110 Phone Number: (858)259--8212 Email: tdolfo@plsaengineering.com Soils Engineer: Advanced Geotechnical Solutions Address: 485 Corporate Dr. Suite: B City: Escondido State: CA Zip: 92029 Phone Number: (714)786-5661 Email: sean.donovan@adv-geosolutions.com Grading Contractor: J.T. Kruer & Company State License No.: 1083980 City Business License No.: Address: 10251 Vista Sorrento Parkway Suite: 150 City: San Diego State: California Zip: 92121 Grading Quantities: cut 1,595 cy fill 8,885 cy import 7,290 cy remedial 27,000 cy export 0 cy Qualified contact person trained in NPDES requirements: John Shokohi Phone Number: 619-551-4829 Emai I: jshokoh i@stormwaterprosca.com Basis of Permit Fees: cy Total Permit Fees: $ Verified By: Balance Due: $ I hereby acknowledge that I have read the application and information provided is correct. I agree to comply with all federal, state, and city laws, ordinances, regulations and policies relating to excavation and grading including, but not limited to, the Federal Endangered Species Act of 1973 and any amendments thereto. I will also comply with OSHA Permit requirements for trenches over five feet deep and the provisions and conditions of any permit issued pursuant to this application. tl1" '4/4~b Applicant Name: Address: 1{71 jj(,(i',11 Vnll'; 1,tJ, Suite: City: f4" Di,,ll State: Cit Zip: '/2M9 Phone Number: ' u, .. '1S-8-,Nv ,f -Email: ((\a~~ e ""f, .. f .. ". r1J11 APPLICANT'S SIGNATURE: r~~b/ DATE : " Jh,p IZIZ'I E-24 Page 1 of 1 REV 04/23 Frank Green Title Officer Stewart Title Guaranty Company Commercial Services (San Diego) 7676 Hazard Center Drive, Ste 1400 San Diego, CA 92108 (619) 398-8035 Phone (619) 615-2389 Fax fgreen@stewart.com PRELIMINARY REPORT Order No.: 22000480125 Title Unit No.: 48 Your File No.: Buyer/Borrower Name : Seller Name : Fenton Ponto LLC, a California limited liability company Property Address: 7200 Ponto Drive, Carlsbad, CA 92011 7294 Ponto Drive, Carlsbad, CA 92011 7290 Ponto Drive, Carlsbad, CA 92011 In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty Company Commercial Services (San Diego) hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) 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. Dated as of March 29, 2024 at 7:30 a.m.Update No. Seven [7] When replying, please contact:Frank Green, Title Officer File No.: 22000480125 Prelim Report COM Page 1 of 10 H~ste\Nart IF ANY DECLARATION, GOVERNING DOCUMENT (FOR EXAMPLE, COVENANT, CONDITION OR RESTRICTION) OR DEED IDENTIFIED AND/OR LINKED IN THIS TITLE PRODUCT CONTAINS ANY RESTRICTION BASED ON AGE, RACE COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, VETERAN OR MILITARY STATUS, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVION (p) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE BY SUMITTING A “RESTRICTIVE COVENANT MODIFICATION” FORM, TOGETHER WITH A COPY OF THE ATTACHED DOCUMENT WITH THE UNLAWFUL PROVISION REDACTED TO THE COUNTY RECORDER’S OFFICE. THE “RESTRICTIVE COVENANT MODIFICATION” FORM CAN BE OBTAINED FROM THE COUNTY RECORDER’S OFFICE AND MAY BE AVAILABLE ON ITS WEBSITE. THE FORM MAY ALSO BE AVAILABLE FROM THE PARTY THAT PROVIDED YOU WITH THIS DOCUMENT. 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. File No.: 22000480125 Prelim Report COM Page 2 of 10 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: ˝Standard Coverage Owner's Policy ®Extended Coverage Owner's Policy ®CLTA/ALTA Homeowner's Policy ®Standard Coverage Loan Policy ˝Extended Coverage Loan Policy ®Short Form Residential Loan Policy ® SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: Fenton Ponto LLC, a California limited liability company File No.: 22000480125 Prelim Report COM Page 3 of 10 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, City of Carlsbad and described as follows: PARCEL 1: Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, January 14, 1976. PARCEL 2: That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the County of San Diego, State of California, and more particularly described as a whole as follows: Beginning at the corner common to Sections 28, 29 32 and 33 in said Township and Range, thence along the Southerly line of said Section 28 North 89° 59’ 20” East 250 feet, more or less, to the Southwesterly corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official Records; thence along the Southwesterly line of said 200 foot strip of land North 21° 08’ 18" West 856.60 feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was granted by Act of Congress and as shown on original right of way map thereof approved by the Department of the Interior, United States of America, on May 12, 1881; thence along said railway boundary South 4° 40’ 18" East to the Southerly line of said Section 29; thence along said Southerly section line South 89° 49' East to the point of beginning. PARCEL 3: All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of California, according to the United State Government Survey approved October 25, 1875, described as follows: Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company’s (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40’18” East a distance of 600.00 feet to the true point of beginning: thence continuing South 4°40’18” East 159.19 feet; thence South 15°17’ East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along said North line South 89° 49’ East 162.60 feet to the Easterly line of said abandoned right of way; thence along said Easterly line North 4°40’ 18" West 343.26 feet to a point bearing South 89°40'18" East 200.00 feet from the true point of beginning; thence North 89°40’18" West 200.00 feet to the true point of beginning. APN: 214-160-28-00 214-171-11-00 214-160-25-00 APN: 214-160-28, 214-171-11-00, and 214-160-25-00 (End of Legal Description) File No.: 22000480125 Prelim Report COM Page 4 of 10 THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 22000480125 Prelim Report COM Page 5 of 10 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. B. C. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2024 - 2025. Taxes and/or assessments affecting the Land, if any, for community facility districts, including Mello Roos, which may exist by virtue of assessment maps or filed notices. These taxes and/or assessments are typically collected with the county taxes; however, sometimes they’re removed and assessed and collected separately. Amendment to the Notice of Special Tax Lien for Notice of Annexation No. 22/23-01 recorded August 2, 2023 as Instrument No. 0208645 of Official Records. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. Exceptions: The Following Matters Affect Parcel 1: 1. 2. 3. 4. 5. 6. 7. 8. 9. Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Any interests (including rights of the public) in and to any portion of the Land lying within roads, streets, alleys or highways. Easement and rights incidental thereto for gas pipes to Southern Counties Gas Company of California, as set forth in a document recorded September 21, 1946 in Book 2239, Page 239 of Official Records. Intentionally deleted. Intentionally deleted. Intentionally deleted. Matters contained in document entitled "Future Improvement Agreement" by and between the City of Carlsbad and Eugene C. Chappee and Margaret M. Chappee recorded January 22, 1974 as Instrument No. 74-016912 of Official Records. Matters contained in document entitled "Contract For Future Public Improvements" by and between the City of Carlsbad and Eugene C. Chappee and Margaret M. Chappee recorded File No.: 22000480125 Prelim Report COM Page 6 of 10 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. January 12, 1976 as Instrument No. 76-008588 of Official Records. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s) described in the legal description as conveyed and reserved by various deeds of record. The Following Matters Affect Parcel 2: Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Matters contained in Map No. 682 of Records of Survey. Easement and rights incidental thereto for public utilities easement to Southern California Telephone Company, as set forth in a document recorded February 26, 1942, in Book 1318, Page 159, of Official Records. The effect of a Partial Quitclaim Easement recorded January 12, 2024 as Instrument No., 2024-0010060 of Official Records. Easement and rights incidental thereto for gas pipes and mains for purposes of conveying gas to Southern Counties Gas Company of California, as set forth in a document recorded September 21, 1946, in Book 2239, Page 239 of Official Records. Easement and rights incidental thereto for public utilities easement to San Diego Gas & Electric Company, as set forth in a document recorded October 22, 1962 as Instrument No. 181231 of Official Records. The Following Matters Affect Parcel 3: Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s) described in the legal description as conveyed and reserved by various deeds of record. Easement and rights incidental thereto for public utilities easement to Southern California Telephone Company, as set forth in a document recorded February 26, 1942, in Book 1318, Page 159, of Official Records. File No.: 22000480125 Prelim Report COM Page 7 of 10 21. 22. 23. The Following Matters Affect All Parcels: Any facts, rights, interests or claims which would be disclosed by an inspection of the Land. Rights of tenants in possession whether or not recorded in the public records. Notice of Restriction on Real Property regarding Site Development Plan No. SDP2022-0003 and Coastal Development Permit No. CDP2022-0023 approved by the City of Carlsbad on May 3, 2023 recorded June 15, 2023 as Instrument No. 2023-0157228 of Official Records. (End of Exceptions) File No.: 22000480125 Prelim Report COM Page 8 of 10 NOTES AND REQUIREMENTS A. B. C. D. The only conveyance(s) recorded in the county in which the Land is located, within 24 months of the date of this Preliminary Report, is(are) as follows: Karen Schreiber, Trustee of the Dale L. Schreiber and Donna E. Schreiber Revocable Trust dated December 3, 1985, as Grantor and H.G. Fenton Property Company, A California Corporation and H.G. Fenton Development Company, LLC, a California limited liability company, as Grantee, recorded December 20, 2021 as Instrument No. 2021-0854875 of Official Records. Deborah Moreno and Denise Anderson, Successor Trustees of the Chappee Family Trust B dated January 31, 1989, as Grantor, H.G. Fenton Property Company, A California Corporation, as Grantee, recorded January 11, 2022 as Instrument No. 2022-0014994, of Official Records. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to decline to attach the CLTA Endorsement Form 100.2-06 (or a similar ALTA 9 equivalent) to an ALTA Loan Policy, when issued. There are no items in this preliminary report that will cause Stewart Title Guaranty Company to decline to attach the CLTA Endorsement Form 116.01-06 (or similar ALTA 22-06 equivalent), indicating that there is located a Commercial Building, known as 7200 Ponto Drive, Carlsbad, CA 92011, 7294 Ponto Drive, Carlsbad, CA 92011, and 7290 Ponto Drive, Carlsbad, CA 92011. In order to insure a conveyance, acquisition or encumbrance by the corporation or unincorporated association named below you must provide the following: Entity:H.G. Fenton Property Company, A California Corporation a. A copy of the corporation By-Laws or Articles. b. An original or certified copy of the Resolution authorizing the subject transaction. c. If the By-Laws or Articles require approval by a "parent" organization, a copy of that entities’ By- Laws or Articles. d. If an unincorporated association, a statement pursuant to applicable law (such as California Corporation Code Section 20002). Additional requirements or items may be requested upon review of the required documents set forth above. In order to insure a conveyance, acquisition or encumbrance by the limited liability company named below, you must provide the following: Limited liability company: H.G. Fenton Development Company, LLC, a California limited liability company a. A certified copy of the articles of organization (Form LLC-1), and any filed amendment (Form LLC-2) or restatement (Form LLC-10), if applicable. b. A copy of the operating agreement and any amendments. Additional requirements or items may be requested upon review of the required documents set forth above. File No.: 22000480125 Prelim Report COM Page 9 of 10 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title Guaranty Company Commercial Services (San Diego) via wire transfer may be disbursed upon receipt. Funds received via cashier’s checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title Guaranty Company Commercial Services (San Diego). Stewart Title Guaranty Company Commercial Services (San Diego) may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title Guaranty Company Commercial Services (San Diego) shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title Guaranty Company Commercial Services (San Diego) . Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company Commercial Services (San Diego) for its services in connection with the escrow or sub-escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 22000480125 Prelim Report COM Page 10 of 10 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date:March 29, 2024 Escrow No.: 22000480125 Property:7200 Ponto Drive, Carlsbad, CA 92011 7294 Ponto Drive, Carlsbad, CA 92011 7290 Ponto Drive, Carlsbad, CA 92011 From:Stewart Title Guaranty Company - Commercial Services This is to give you notice that Stewart Title Guaranty Company - Commercial Services (“Stewart Title”) has a business relationship with Stewart Solutions, LLC, DBA – Stewart Specialty Insurance Services, LLC (“Stewart Insurance”). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00 to $6,500.00 Home Warranty $255.00 to $ 780.00 Natural Hazard Disclosure Report $ 42.50 to $ 149.50 Escrow No.: 22000480125 ABA Disclosure 2007 BP SCE Page 1 of 1 CLTA Preliminary Report Form Exhibit A (11-09-18) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters:(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy (Rev. 11-9-18)Page 1 of 5 CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; 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 appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:*For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 $10,000.00 (whichever is less) Covered Risk 18:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 19:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 21:1% of Policy Amount or $2,500.00 $5,000.00 (whichever is less) (Rev. 11-9-18)Page 2 of 5 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, 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: PART I 1.(a) 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. (b) 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 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, which are 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. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: (Rev. 11-9-18)Page 3 of 5 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is(a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) 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 by making inquiry of persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.. (Rev. 11-9-18)Page 4 of 5 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1.a.Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) the subdivision of land; or (iv) environmental protection or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting In no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10 Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. (Rev. 11-9-18)Page 5 of 5 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when youßßrequest insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 22000480125 Page 1 Revised 01-01-2020 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: üüü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 22000480125 Page 2 Revised 01-01-2020 Stewart obtains the categories of personal information listed above from the following categories of sources: üüü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: üüüüüüüü ü ü ü üü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü üüüü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 22000480125 Page 3 Revised 01-01-2020 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: üüüüüü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 22000480125 Page 4 Revised 01-01-2020 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: üü üü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000480125 Page 5 Revised 01-01-2020 CLTA GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY A CORPORATION, HEREIN CALLED THE COMPANY File No.: 22000480125-2 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A, sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. Countersigned by: Stewart Title Guaranty Company 7676 Hazard Center Drive, Ste 1400 San Diego, CA 92108 Agent ID: 05V060 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 CLTA GUARANTEE 6-5-2014 Page 1 of 5 of Serial Number G-2917-000000172 D~ste\Nart Frederick H. Eppinger President and CEO David Hisey Secretary EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the Public Records (1) that are created, suffered, assumed or agreed to by one or more of the Assureds; or (2) that result in no loss to the Assured. (c) Defects, liens, encumbrances, adverse claims or other matters not shown by the Public Records.. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity, legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f)(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the Public Records. (g) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the Public Records. GUARANTEE CONDITIONS 1.Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in Schedule A, or on a supplemental writing executed by the Company. (b) "Land": the Land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "Land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "Public Records": those records established under California statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "Date of Guarantee": the Date of Guarantee set forth in Schedule A. (f)"Amount of Liability": the Amount of Liability as stated in Schedule A. 2.Notice of Claim to be Given by Assured. The Assured shall notify the Company promptly in writing in case knowledge shall come to the Assured of any assertion of facts, or claim of title or interest that is contrary to the assurances set forth in Schedule A Schedule A and that might cause loss or damage for which the Company may be liable under this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of the Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3.No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 CLTA GUARANTEE 6-5-2014 Page 2 of 5 of Serial Number G-2917-000000172 4.Company's Option to Defend or Prosecute Actions; Duty of Assured Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in Paragraph 4 (b), or to do any other act which in its opinion may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of the Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the Assured for this purpose. Whenever requested by the Company, the Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the correctness of the assurances set forth in Schedule A or to prevent or reduce loss or damage to the Assured.. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5.Proof of Loss or Damage. (a In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Assured furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. (b) In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this paragraph shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6 Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To pay or tender payment of the Amount of Liability together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment or tender of payment and that that the Company is obligated to pay; or © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 CLTA GUARANTEE 6-5-2014 Page 3 of 5 of Serial Number G-2917-000000172 (c) To pay or otherwise settle with other parties for the loss or damage provided for under this Guarantee, together with any costs, attorneys' fees, and expenses incurred by the Assured that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in 6 (a), (b) or (c) of this paragraph the Company's obligations to the Assured under this Guarantee for the claimed loss or damage, other than the payments required to be made, shall terminate, including any duty to continue any and all litigation initiated by the Company pursuant to Paragraph 4. 7.Limitation of Liability. (a) This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in Schedule A and only to the extent herein described, and subject to the Exclusions From Coverage of this Guarantee. (b) If the Company, or the Assured under the direction of the Company at the Company's expense, removes the alleged defect, lien or, encumbrance or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (c) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. (d) The Company shall not be liable for loss or damage to the Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 8.Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the Amount of Liability under this Guarantee pro tanto. 9.Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions, the loss or damage shall be payable within thirty (30) days thereafter. 10.Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 CLTA GUARANTEE 6-5-2014 Page 4 of 5 of Serial Number G-2917-000000172 11. Arbitration. Either the Company or the Assured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision, or to any other controversy or claim arising out of the transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. Arbitration pursuant to this Guarantee and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 13. Severability. In the event any provision of this Guarantee, in whole or in part, is held invalid or unenforceable under applicable law, the Guarantee shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 14.Choice of Law; Forum. (a) Choice of Law: The Assured acknowledges the Company has underwritten the risks covered by this Guarantee and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of Guaranties of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims that are adverse to the Assured and to interpret and enforce the terms of this Guarantee. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Assured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 15.Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at P.O. Box 2029, Houston Texas 77252-2029. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 CLTA GUARANTEE 6-5-2014 Page 5 of 5 of Serial Number G-2917-000000172 CLTA FORM NO. 23 PARCEL MAP GUARANTEE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 22000480125-2 Customer Reference: Guarantee No.: G-2917-000000172 Amount of Liability: $1,000.00 Date of Guarantee: March 21, 2024 at 5:00 PM Fee: $400.00 1. Name of Assured: City of Carlsbad 2. Parcel Map Reference: City of Carlsbad SDP 2022-0003 3. The estate or interest in the Land that is the subject of this Guarantee is a fee. 4. The Land referred to in this Guarantee is described as follows: PARCEL 1: Parcel "B" as shown on Parcel Map No. 4383 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County recorder of San Diego County, January 14, 1976. PARCEL 2: That parcel of land, situated within a portion of the South half of Southwest quarter of Section 28 and within a portion of the South two-thirds of Lot 4 Southeast quarter of Southeast quarter-of Section 29, Township 12 South, Range 4 West, San Bernardino Meridian, according to Official Plat thereof, in the County of San Diego, State of California, and more particularly described as a whole as follows: Beginning at the corner common to Sections 28, 29 32 and 33 in said Township and Range, thence along the Southerly line of said Section 28 North 89° 59’ 20” East 250 feet, more or less, to the Southwesterly corner of that strip of land 200 feet wide, described in Deed to the Atchison Topeka and Santa Fe Railway Company, recorded March 30, 1946 as Instrument No. 34729, in Book 2059, Page(s) 466 of Official Records; thence along the Southwesterly line of said 200 foot strip of land North 21° 08’ 18" West 856.60 feet, more or less, to the Northeasterly boundary of the 200 foot right of way of the Atchison Topeka and Santa Fe Railway Company formerly California Southern Railroad Company, as said right of way was granted by Act of Congress and as shown on original right of way map thereof approved by the Department of the Interior, United States of America, on May 12, 1881; thence along said railway boundary South 4° 40’ 18" East to the Southerly line of said Section 29; thence along said Southerly section line South 89° 49' East to the point of beginning. PARCEL 3: All that portion of the South two-thirds of Lot 4 (Southeast quarter of the Southeast quarter) of Section 29, © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 2917 CLTA Guarantee Form No. 23 Parcel Map Guarantee (6/5/14) Page 1 of 4 of Serial Number: G-2917-000000172 Township 12 South, Range 4 West, San Bernardino Meridian, in the County of San Diego. State of California, according to the United State Government Survey approved October 25, 1875, described as follows: Beginning at the intersection of the South line of said Section 29, with the Westerly line of the abandoned portion of the Atchison, Topeka and Santa Fe Railway Company’s (formerly the California Railway Company) right of way across the South two-thirds of said Lot 4, said point being distant along said Southerly line North 89°49' West 209.69 feet from the Southeast corner of said Section 29; thence along the Westerly line of said abandoned railroad right of way, North 4°40'18" West to the Northerly line of said South two-thirds of Lot 4, being the South line of land conveyed to Herbert J. Estes by Deed recorded December 3, 1936 in Book 600, Page 65 of Official Records; thence retracing South 4°40’18” East a distance of 600.00 feet to the true point of beginning: thence continuing South 4°40’18” East 159.19 feet; thence South 15°17’ East, 188.48 feet to the North line of the South 40.00 feet of said Lot 4; thence along said North line South 89° 49’ East 162.60 feet to the Easterly line of said abandoned right of way; thence along said Easterly line North 4°40’ 18" West 343.26 feet to a point bearing South 89°40'18" East 200.00 feet from the true point of beginning; thence North 89°40’18" West 200.00 feet to the true point of beginning. APN: 214-160-28-00 214-171-11-00 214-160-25-00 5. ASSURANCES: According to the Public Records as of the Date of Guarantee, a. Title to said estate or interest in the Land is vested in: Fenton Ponto LLC, a California limited liability company b. Title to said estate or interest is subject to the defects, liens, encumbrances or other matters shown in Schedule B, which are not necessarily shown in the order of their priority. c.Had said Parcel Map been recorded in the office of the County Recorder of said county, such map would be sufficient for use as a primary reference in legal descriptions of the parcels within its boundaries. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 2917 CLTA Guarantee Form No. 23 Parcel Map Guarantee (6/5/14) Page 2 of 4 of Serial Number: G-2917-000000172 CLTA FORM NO. 23 PARCEL MAP GUARANTEE SCHEDULE B ISSUED BY STEWART TITLE GUARANTY COMPANY 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Any interests (including rights of the public) in and to any portion of the Land lying within roads, streets, alleys or highways. Easement and rights incidental thereto for gas pipes to Southern Counties Gas Company of California, as set forth in a document recorded September 21, 1946 in Book 2239, Page 239 of Official Records. Intentionally deleted. Intentionally deleted. Intentionally deleted. Matters contained in document entitled "Future Improvement Agreement" by and between the City of Carlsbad and Eugene C. Chappee and Margaret M. Chappee recorded January 22, 1974 as Instrument No. 74-016912 of Official Records. Matters contained in document entitled "Contract For Future Public Improvements" by and between the City of Carlsbad and Eugene C. Chappee and Margaret M. Chappee recorded January 12, 1976 as Instrument No. 76-008588 of Official Records. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s) described in the legal description as conveyed and reserved by various deeds of record. The Following Matters Affect Parcel 2: Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Matters contained in Map No. 682 of Records of Survey. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 2917 CLTA Guarantee Form No. 23 Parcel Map Guarantee (6/5/14) Page 3 of 4 of Serial Number: G-2917-000000172 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Easement and rights incidental thereto for public utilities easement to Southern California Telephone Company, as set forth in a document recorded February 26, 1942, in Book 1318, Page 159, of Official Records. Easement and rights incidental thereto for gas pipes and mains for purposes of conveying gas to Southern Counties Gas Company of California, as set forth in a document recorded September 21, 1946, in Book 2239, Page 239 of Official Records. Easement and rights incidental thereto for public utilities easement to San Diego Gas & Electric Company, as set forth in a document recorded October 22, 1962 as Instrument No. 181231 of Official Records. The Following Matters Affect Parcel 3: Water rights, claims or title to water in, on or under the Land, whether or not shown by the public records. Ownership of, or rights to, minerals or other substances, subsurface and surface, of whatsoever kind, including, but not limited to coal, ores, metals, lignite, oil, gas, geothermal resources, brine, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether the ownership or rights arise by lease, grant, exception, conveyance, reservation or otherwise, and whether or not appearing in the public records or listed in Schedule B. Stewart Title Guaranty Company and its issuing agent make no representation as to the present ownership of any such interests. There may be leases, grants, exceptions, or reservations of interests that are not listed. Easements and rights of way for ingress and egress and utilities affecting the easement parcel(s) described in the legal description as conveyed and reserved by various deeds of record. Easement and rights incidental thereto for public utilities easement to Southern California Telephone Company, as set forth in a document recorded February 26, 1942, in Book 1318, Page 159, of Official Records. The Following Matters Affect All Parcels: Any facts, rights, interests or claims which would be disclosed by an inspection of the Land. Rights of tenants in possession whether or not recorded in the public records. Notice of Restriction on Real Property regarding Site Development Plan No. SDP2022-0003 and Coastal Development Permit No. CDP2022-0023 approved by the City of Carlsbad on May 3, 2023 recorded June 15, 2023 as Instrument No. 2023-0157228 of Official Records. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association File No.: 22000480125-2 2917 CLTA Guarantee Form No. 23 Parcel Map Guarantee (6/5/14) Page 4 of 4 of Serial Number: G-2917-000000172 STEWART INFORMATION SERVICES CORPORATION Updated August 29, 2023 GRAMM LEACH BLILEY PRIVACY NOTICE This Stewart Information Services Corporation Privacy Notice (“Notice”) explains how we and our affiliates and majority- owned subsidiary companies (collectively, “Stewart,” "our" "we") collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of your personal information. Pursuant to Title V of the Gramm-Leach Bliley Act (“GLBA”) and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information. The types of personal information Stewart collects, and shares depend on the product or service you have requested. Stewart may collect the following categories of personal and financial information from you throughout your transaction: 1. 2. 3. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier or other similar identifiers; Demographic Information: Marital status, gender, date of birth. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver's license number, passport number, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Stewart may collect personal information about you from: 1. 2. 3. Publicly available information from government records. Information we receive directly from you or your agent(s), such as your lender or real estate broker; Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Stewart may use your personal information for the following purposes: 1. 2. 3. To provide products and services to you in connection with a transaction. To improve our products and services. To communicate with you about our affiliates’, and others’ products and services, jointly or independently. Stewart may use or disclose the personal information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c.To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f.To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customer or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i.To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. j.To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. k.Auditing for compliance with federal and state laws, rules and regulations. l.Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments. m. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as an on going transaction or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. File No.: 22000480125-2 Updated 08/24/2023 Page 1 Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart may disclose your personal information to a non-affiliated third-party service providers and vendors to render services to complete your transaction. We share your personal information with the following categories of third parties: a. Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. c.Stewart’s affiliated and subsidiary companies. d. Parties involved in litigation and attorneys, as required by law. e. Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction. f.Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or browsing information with non- affiliated third parties, except as required or permitted by law. Right to Limit Use of Your Personal Information You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt- out of sharing your information with affiliates for direct marketing, you may send an “opt out” request to OptOut@stewart.com, or contact us through other available methods provided under “Contact Information” in this Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. How Stewart Protects Your Personal Information Stewart maintains physical, technical and administrative safeguards and policies to protect your personal information. Contact Information If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, or your choices and rights regarding such use, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000480125-2 Updated 08/24/2023 Page 2 Effective Date: January 1, 2020 Updated: August 24, 2023 STEWART INFORMATION SERVICES CORPORATION PRIVACY NOTICE FOR CALIFORNIA RESIDENTS Stewart Information Services Corporation and its affiliates and majority owned subsidiary companies (collectively, "Stewart", "our" "we") respect and are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 ("CPRA"), we are providing this Privacy Notice ("CCPA Notice"). This CCPA Notice explains how we collect, use and disclose personal information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information. This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA (“consumers” or “you”). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice. Personal and Sensitive Personal Information Stewart Collects Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: A.Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. B.Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. C.Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression), veteran or military status. D.Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E.Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application or advertisement. F.Geolocation data. Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources: ü Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) ü Directly and indirectly from activity on Stewart's website or other applications. ü From third parties that interact with Stewart in connection with the services we provide. Use of Personal and Sensitive Personal Information Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c.To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f.To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. File No.: 22000480125-2 Updated 08/24/2023 Page 3 i.To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). j.To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. k.To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. l.Auditing for compliance with federal and state laws, rules and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). We share your personal information with the following categories of third parties: a. b. c. d. e. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies. Parties involved in litigation and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information. Category A:Identifiers Category B:California Customer Records personal information categories Category C:Protected classification characteristics under California or federal law Category D:Commercial Information Category E:Internet or other similar network activity Category F:Non-public education information A. Your Consumer Rights and Choices Under CCPA and CPRA The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights. i. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. ii. Deletion Request Rights You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our File No.: 22000480125-2 Updated 08/24/2023 Page 4 service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. 2. 3. 4. 5. 6. 7. 8. 9. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. iii. Opt-Out of Information Sharing and Selling Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA Notice. iv. Correction of Inaccurate Information You have the right to request that Stewart correct any inaccurate personal information maintained about you. v. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available means provided below. 1. 2. Emailing us at OptOut@stewart.com or https://www.stewart.com/en/quick-links/ccpa-request.html Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 22000480125-2 Updated 08/24/2023 Page 5 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you with a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements Changes to This CCPA Notice Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the updated Notice on Stewart’s website and update the Notice’s effective date. Link to Privacy Notice https://www.stewart.com/en/privacy.html Contact Information Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000480125-2 Updated 08/24/2023 Page 6