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HomeMy WebLinkAboutAMEND 2017-0020; GRAND PACIFIC PALISADES RESORT; Site Development Plan (SDP)• '....---------J....-----------""""-------, ( City of Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) Leaislatlve Penn/ls (FOR DEPT. USE ONLY) Development Penn/ts co~ "'" -01-lil Coastal Development Permit l\1'\(~17 Minor -Z.-0\1 _ 001-.\ 0 General Plan Amendment 0 Conditional Use Permit 0 Minor O Extension 0 Day Care (Large) 0 Environmental Impact Assessment 0 Habitat Management Permit 0 Hillside Development Permit 0Minor 0Minor 0 Nonconforming Construction Permit 0 Planned Development Permit D Minor 0 Residential O Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation -~f'\lo-r>I Ii) Site Development Plan t Minor 0 Special Uee Permit 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor ,__ ____ _ 0 Local Coastal Program Amendment 0 Master Plan 0 Specific Plan 0 Zone Change 0Amendment 0Amendment 0 Zone Coda Amendment South Carlsbad Coastal Review Area Penn/ls 0 Revi-Permit 0 Administrative O Minor O Major VIiiage Review Area Permits 0 Re-Permit 0 Administrative O Minor O Major NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMrtTEO SY APPOINTMENT"'. PLEASE CONT ACT THE APPOINTMENT SPECIALIST AT (760) 602~2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY --SAME DAY APPOINTMENTS ARE NOT AVAILABLE 211-022-32-00 5803 ARMADA DRIVE, CARLSBAD, CA 92008 (STREET ADDRESS) GRAND PACIFIC PALISADES RESORT -PROPOSED HOTEL EXPANSION DEMOLITION OF EXISTING CONFERENCE CENTER. CONSTRUCTION OF 29 NEW HOTEL UNITS. ESTIMATED COMPLETION DATE DevelopmentNo. 1)~\J'2-0\J, o2..'i1_ LeadC8$8No. P-1 Page1of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (W applicable): COMPANY NAME C (PLEASE PRINT) (W applicable): GRAND PACIFIC PALISADES HOTEL, L.P. MAILING ADDRESS: 5900 PASTEUR CT, STE 200 CITY, STATE, ZIP: CARLSBAD, CA 92008 TELEPHONE: 760-4i1 -8500 -------------EM A IL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN MY AUTHORIZED REPRESENTATIVE FOR URP.OSES OF TH P CATION. APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (W applicable}: TIMOTHY STRIPE COMPANY NAME (tt applicable}: GRAND PACIFIC PALISADES HOTEL, LP MAILING ADDRESS: 5900 PASTEUR CT, STE 200 CITY, STATE, ZIP: CARLSBAD, CA 92008 TELEPHONE: 760-431-8500 -------------EM A IL ADDRESS: HARNOLD@GPRESORTS.COM I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I/-J.?-11 OATE APPLICANT'S REPRESENTATIVE (Print): HOFMAN PLANNING & ENGINEERING -BILL HOFMAN MAILING ADDRESS: 3152 LIONSHEAD AVE CITY, STATE, ZIP: CARLSBAD, CA 92010 TELEPHONE: 760-692-4012 EMAIL ADDRESS: BHOFMAN@HOFMANPLANNING.COM I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KN~ , SIGNATURE ~ ~Y:;j'J IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. IN'IE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY CCESSORS IN INTEREST. ER SIGNATURE P-1 Page2of6 DEC O 6 2017 CITY OF CARLSBAD Pl.ANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 C (city of Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, COIJ)Oration, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.· Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE. LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. {A separate page may be attached if necessary.) Person. __________ _ Corp/Part GRAND PACIFIC PALISADES HOTEL, L.P. Title ___________ _ Title ____________ _ Address 5900 PASTEUR CT, STE 200 Address5900 PASTEUR CT, STE 200 2. OWNER {Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership {i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE {N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person'------------ Title ------------ Address 5900 PASTEUR CT, STE 200 CARLSBAD, CA 92008 Corp/Part GRAND PACIFIC PALISADES HOTEL, L.P. Title _____________ _ Address5900 PASTEUR CT, STE 200 CARLSBAD, CA 92008 Page 1 ol2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust.________ Non ProfitrTrust ________ _ Title____________ Title ____________ _ Address ----------Address. ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes D No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. ~are Signature of o ~77M {rtt<PC TIMOTHY STRIPE Print or type name of owner Print or type name of applicant TIMOTHY STRIPE Print or type name of owner/applicant's agent P-1(A) Page2of2 Revised 07/10 ( City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: GRAND PACIFIC PALISADES RESORT -HOTEL EXPANSION APPLICANT NAME: GRAND PACIFIC PALISADES HOTEL, L.P. Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: P-1(8) Page 1 of 1 Revised 07/10 C PROJECT DESCRIPTION Grand Pacific Palisades Resort Proposed Hotel Expansion SUBMITTED BY: Grand Pacific Palisades Hotel, L.P. 5803 Armada Drive Carlsbad, CA 92008 760-431-8500 Contact: Houston Arnold C The proposed project is located between the existing Grand Pacific Palisades Hotel and the Karl Strauss Brewery, currently situated on Planning Area 3. The site 0.45 acre site is currently occupied by a 4,SOOSF Conference Center, associated with the existing hotel property. The proposed hotel expansion would require the demolition of the existing Conference Center to allow for the construction of 29 new hotel units. When combined with the existing 90-unit hotel, the project would have a total of 119 hotel units. Pad elevation would be raised 5 feet to allow for proper connection to the existing hotel building, and keeping the existing concrete walkway along the perimeter wall of the Flower Fields. The implementation of the proposed project will not adversely impact any land, noise, cultural, geologic, water or resource qualities. Due to the low density of the project, all storm water is intendent to be captured and treated onsite prior to release into downstream waterways. All aspects of the project shall be designed to mirror the existing adjacent Grand Pacific Palisades Hotel, including building facades, hardscapes and landscapes. {city of Carlsbad C HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of Galifomia Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 0 The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: GRAND PACIFIC PALISADES HOTEL, LP. Address: 5900 PASTEUR CT, STE 200 CARLSBAD, CA 92008 Phone Number: 760-431-8500 PROPERTY OWNER N GRAND PACIFIC PALISADES HOTEL. LP. ame: _________ _ Address: 5900 PASTEUR CT, STE 200 CARLSBAD, CA 92008 Phone Number: 760-431-8500 AddressofSite:5803 ARMADA DR, CARLSBAD, CA 92008 Local Agency (City and County): CARLSBAD, SAN DIEGO COUNTY Assessor's book, page, and parcel number:_2_1_1_-_2_2_-_3_2_-_o_o ___________ _ Specifylist(s): __________________________ _ Regulatory Identification Number: ____________________ _ Date of List: ---------------------------- The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02/13 0 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: __________ (To be completed by City) Application Number(s): ______________________ _ General Information 1. Name of project: GRAND PACIFIC PALISADES -HOTEL EXPANSION 2. Nameofdeveloperorprojectsponsor: GRAND PACIFIC PALISADES HOTEL, LP. Address: 5900 PASTEUR CT, STE 200 City, state. Zip Code: CARLSBAD, CA 92008 Phone Number: 760-431-8500 3. Name of person to be contacted concerning this project: HOUSTON ARNOLD Address: 5900 PASTEUR CT, STE 200 City, state, Zip Code: CARLSBAD, CA 92008 Phone Number: 760-431 -8500 4. Address of Project: 5803 ARMADA DR, CARLSBAD, CA 92008 Assessor's Parcel Number: 211-022-32-00 ------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: N/A 6. Existing General Plan Land Use Designation: _T_R_-_c ___________ _ 1. Existing zoning district: _C_!T_-_O _________________ _ s. Existing land use(s): _H_O_T_E_U_R_E_S_O_R_T ____________ _ 9. Proposed use of site (Project for which this fonn is filed): _H_O_T_E_U_R_E_S_O_R_T ___ _ Project Description 10. Sitesize: _o_.S_A_C_R_E __________________ _ 11. Proposed Building square footage: _3_5_,0_0_0_S_F ____________ _ 12: Number of floors of construction: _3 ________________ _ 13. Amount of off-street parking provided: _______________ _ 14. Associated projects: GRAND PACIFIC PALISADES RESORT AND HOTEL P-1(0) Page2of4 Revised 07/10 C ed I OEMOUTIOf,I Of' flC1$llNG CONl'EJIENCE CENTER C011$1w 15. If residential, include the number of units and sch u e of unit sizes: -ill N/A 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ____________________ _ N/A 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: ________ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: ___________________ _ N/A P-1(0) Page 3 of 4 Revised 07/10 C Are the following items applicable to the project or its effects? additional sheets as necessary). Discuss all items checked yes (attach 20. 21. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 1 O percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes D 0 D D 0 D 0 0 D D D 0 No 0 0 0 0 0 0 0 D 0 0 0 0 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my abRity, and that the facts, statements, and information presented are true and correct to the best of my kn=:::< Date: /(-)._q -11 Signature: ~~~~f,!._'}!D.l!f&i~~~~-===::.......--- For: P-1(0) Page 4 of 4 Revised 07/10 City of Carlsbad I tNSTRUCTIONS: STORM WATER STANDARDS QUESTIONNAIRE E-34 Development Services Land Development Engineering 1635 Faraday Avenue 76Q-602-2750 www.carlsbadca.gov To address post-development pollutants that may be generated from development projects, the City requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMP's} into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' {PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubmit to the City. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted ti concurren 1v. PROJECT INFORMATION .. PROJECT NAME: Grand Pacific Palisades Hotel Addition PROJECT ID: SOP xx-xx The project is ( check one): o New Development @Redevelopment The total proposed disturbed area is: 18 978 ft2 ( 0.435 ) acres The total orooosed newlv created andfor reolaced imnP-rvious area is: 10998 tt2 f 0.252 ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID: SWQMP#: Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the Citv. E-34 Page 1 of 4 REV 02/16 -STEP 1 TO BE COMPLETED FOR ALL PROJECTS To detennine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing v building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then Go to step 5, mark the third box stating "my project Is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered ·nofl to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Pennit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or othernon- erodible permeable areas; b) Designed and constructed to be hydraulically disconnected from paved streets or roads; v c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed v in accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? v If you answered "yes" to one or more of the above questions, provide discussion/justification below, then Go to step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of4 REV. 02/16 , .. . STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS ,. To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, ..,, and public development proiects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or ,.; more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on oublic or orivate land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant ,.; is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside ,.; development oroiect includes develooment on any natural slope that is twenty-five oercent or areater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot ,.; is a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more ,.; of impervious surface collectively over the entire project site and supports a street, road, highway freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" includes flow that is conveyed overland a distance of ..,, 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the oroiect to the ESA (i.e. not comminaled with flows from adjacent/ands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair shop is a facility that is categorized in any one of the following Standard Industrial Classification ..,, (SIC) codes: 5013, 5014, 5541, 7532-7534, or7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily ,.; Traffic (ADT) of 100 or more vehicles oerdav. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of ,.; land and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and ( 1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC ..,, 21 .203.040) If you answered "yes· to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, Go to step 4. If your project is a new project, Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no· to all of the above questions, your project is a 'STANDARD PROJECT', "Go to step 5, check the second box statina "Mv oroiect is a 'STANDARD PROJECT' ... " and comolete aoolicantinformation. E-34 Page 3 of4 REV. 02/16 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS PDP ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = ___ 8_8_1_0_.8 _______ sq. ft. Total proposed newly created or replaced impervious area (B) = ____ 1_0_99_8 ______ .sq. ft. Percent impervious area created or replaced (B/A)*100 = __ 1_24_-_8 __ % If you answered "yes", the structural BMP's required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... • and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... "and complete applicant information. STEPS CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION .; My project is a PDP and must comply with PDP storrnwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP)°for submittal at time of application. + My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. + My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Assessor's Applica Applicant TitlP, aJ?-~~,o~ Date: 11/17/2017 * Environmentally Sensitive Areas include but are not limited to an Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for Citv Use Onlv City Concurrence: I vcc-I ... ,., r r By: Date: Project ID: E-34 Page4 of4 REV. 02/16 (._ Cicyof Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether II requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ( Cicy of Carlsbad INTRODUCTION CLIMATE ACTION PLAN CONSISTENCY CHECKLIST P-30 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov In September 2015, the City of Carlsbad adopted a Climate Action Plan (CAP) that outlines actions that the city will undertake to achieve its proportional share of state greenhouse gas (GHG) emissions reductions. The purpose of the CAP Consistency Checklist (Checklist) is to, in conjunction with the CAP, provide a streamlined review process for proposed new development projects that are subject to discretionary review and trigger environmental review pursuant to the California Environmental Quality Act (CEQA). Analysis of GHG emissions and potential climate change impacts from new development is required under CEQA. The CAP is a plan for the reduction of G HG emissions in accordance with CEQA Guidelines Section 15183.5. Pursuant to CEQA Guidelines Sections 15064(h)(3), 15130(d), and 15183(b), a project's incremental contribution to a cumulative GHG emissions effect may be determined not to be cumulatively considerable if it complies with the requirements of the CAP. This Checklist contains measures that are required to be implemented on a project-by-project basis to ensure that the specified emissions targets identified in the CAP are achieved. Implementation of these measures would ensure that new development is consistent with the CAP's assumption for relevant CAP strategies toward achieving the identified GHG reduction targets. Projects that are consistent with the CAP as determined through the use of this Checklist may rely on the CAP for the cumulative impacts analysis of GHG emissions. Projects that are not consistent with the CAP must prepare a comprehensive project-specific analysis of GHG emissions, including quantification of existing and projected GHG emissions and incorporation of the measures in this Checklist to the extent feasible. Cumulative GHG impacts would be significant for any project that is not consistent with the CAP. The Checklist may be updated from time to time to incorporate new GHG reduction techniques or to comply with later amendments to the CAP or local, state, or federal law. P-30 RECr:-:IV D JAN 2 4 2018 CITY OF CARLSBAD PLANNING DIVISION Page 1 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist APPLICATION SU BM ITT AL REQUIREMENTS .,. The Checklist is required only for projects subject to CEQA review. The diagram below shows the context for the CAP Consistency Checklist within the planning review process framework . .,. If required, the Checklist must be included in the project submittal package. Application submittal procedures can be found on the City of Carlsbad website here. ,. The requirements in the Checklist will be included in the project's conditions of approval. ..i1 The applicant must provide an explanation of how the proposed project will implement the requirements described herein to the satisfaction of the Planning Division . .,.. If a question in the Checklist is deemed not applicable to a project, an explanation must be provided to the satisfaction of the Planning Division . P-30 CAP Consistency Checklist Consistent Rema1t1lng development review process Not Consistent Pro1ect has a CEOA S1omr«:anl Impact EIR Required Page 2 of 13 Rema,mng development review process Complete Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Contact Information Project No./Name: Property Address/APN: r-z. II -o-z z -32 -oo Applicant Name/Co.: Contact Phone: Was a consultant retained to complete this checklist? Consultant Name: Company Name: Project Information 1. What is the size of the project (acres)? 2. Identify all applicable proposed land uses: D Residential (indicate# of one-and two-family units): D Residential (indicate# of multi-family units): D Commercial (indicate total square footage): ~Hotel (indicate# of rooms): D Industrial (indicate total square footage): D Other (describe): 3. Provide a brief description of the project proposed: P-30 Page 3 of 13 OYes ~o Contact Phone: Contact Email: zq If Yes, complete the following 7?1£: f.)k?/~ lb[Z? d~ Pr ~ 0--=-n~ '1,~ sF Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist CAP CONSISTENCY CHECKLIST QUESTIONS STEP 1: LAND USE CONSISTENCY The first step in this section evaluates a project's GHG emissions consistent with guidance provided by the California Air Pollution Control Officers Association (CAPCOA). New non-exempt (i.e., subject to CEQA review) discretionary development projects that emit fewer than 900 metric tons of carbon dioxide equivalent (MTC02e) would not contribute considerably to cumulative climate change impacts as stated in the CAP, and therefore, do not need to demonstrate consistency with the CAP. For projects that are subject to the CAP consistency evaluation, the first step in determining CAP consistency for discretionary development is to assess the project's consistency with the growth projections used in the development of the CAP. This section allows the city to determine a project's consistency with the land use assumptions used in the CAP. Checklist Item (Check the appropriate box and provide explanation and supporting documentation for your answer) 1. The size and type of projects listed below would emit fewer than 900 MTCO:!e per year. Based on this threshold, does the proposed project equal or exoeed these charactertstics? • Single-Family Housing: 50 dwelling units • Multi-Family Housing: 70 dwelling units • Office: 35,000 square feet • Retail Store: 11,000 square feet Groceiy Store: 6,300 square feet • Other: For project types not listed in this section, induding changes in use of, or enlargement of an existing building that results in a net increase in GHG emissions, the need for GHG analysis and mitigation will be made on a project-specific basis, considering the 900 MTC02e screening threshold. If "Yes", proceed to Question 2. Yes No D If "No'~ in accordance with the City's CAP screening criteria, the project's GHG impact is less than significant and not subject to the measures of the CAP. 2. Is the proposed project consistent v.ith the existing General Plan land use and zoning designations? OR, If the proposed project is not consistent with the existing land use plan and zoning designations, does the project indude a land use plan and/or zoning designation amendment that would result in an equivalent or less GHG- intensive project when compared to the existing designations? D D If "Yes", proceed to Step 2 of the Checklist For the second option under question 2 above, provide estimated project emissions under both existing and proposed designation(s) for comparison. Emissions must be estimated in accordance with the Oty's Guidance to Demonstrating Consistency with the Climate Action Plan. If "No", the project's GHG impact is potentially significant and must be analyzed in accordance with CEQA. The project must prepare a GHG analysis in accordance with the City of Carisbad's Guidance to Demonstrating Consistency with the Climate Action Plan to demonstrate how it would offset the increase in emissions over the existing designations. The project must incorporate each of the measures identified in Step 2 to mitigate cumulative GHG emissions impacts unless the decision maker finds that a measure is infeasible in accordance with CEQA Guidelines Section 15091. Proceed and complete a project-specific GHG analysis and Step 2 of the Checklist P-30 Page 4 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist STEP 2: CAP MEASURES CONSISTENCY The second step of the CAP consistency review is to review and evaluate a project's consistency with the applicable measures and actions of the CAP. Step 2 only applies to development projects that involve permits that may require a certificate of occupancy from the Building Official. 1 All other development projects that would not require a certificate of occupancy from the Building Official shall implement all emissions-related mitigation measures from the General Plan Update EIR. Checklist Item (Check the appropriate box and provide explanation for your answer) Yes No N/A Residential, Commercial and Industrial Photovoltaic Systems 1. Residential Photovoltaic Systems Does the project indude photovoltaic systems with a minimum average system 0 0 0 size of 1.6 kilowatts2 for each residential unit? Check "NIA" only if the project does not contain any residential buildings. 2. Commercial and Industrial Photovoltaic Systems For new nonresidential projects with more than 50 cars surface par1<ed or on roofs of parking structures, would the project indude photovoltaic panels over at least half of the surface/roofi)al1<ed cars to achieve a minimum system size equivalent to 2.5 kilowatts2 per covered parking space (up to 45 percent of project's expected annual electricity use)? 0 0 0 OR Woutd the project provide equivalent energy generation onsite through rooftop photovoltaic panels or other means? Check "NIA" only if the project does not contain any non-residential buildings or provides 50 or fewer parking spaces. Efficient Lighting Standards 3. LED Lighting and Other Energy Efficient Lamps Would at least 75 percent of the luminaires provided by the project be 0 D 0 comprised of LED or other similarty efficient lighting? Solar Water Heater/Heat Pump Installation 4. Solar Water Heating • Residential Units: Does the project indude a solar water heating system capable of producing 2,300 kWh/year or 112 lherms/year of total energy required for water heating? • Commercial Projects: Does the project include a solar water heating 0 0 0 system capable of producing at least 50 percent of total energy required for water heating? • Restaurants of 8,000 §9Uare feet or greater with a service water heater rated 75,000 Btu/h or greater: Does the project include installation of a 1 Actions that are not subject to Step 2 would include. for example: 1) discretionary map actions that do not propose specific development; 2) permits allowing wireless communication facilities; 3) special events permits; 4) conditional use permits that do not result in the use Intensification or expansion of an existing building; and 5) non-building infrastructure projects such as roads and pipelines. Because such actions would not result m new occupancy buildings from which GHG emissions reductions could be achieved, the items contained in Step 2 would not be applicable. 2 System size rated as Direct Current (DC) under Standard Test Conditions (STC). P-30 Page Sof 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item Yes (Check the appropriate box and provide explanation for your answer) No NIA solar water-heating system with a minimum solar saving fraction of 0.15 consistent with non-residential voluntary standards of the California Green Building Standards Code?3 Exceptions to this measure include: 1. Buildings with a natural gas service water heater with a mnimum of 95 percent thermal efficiency. 2. Buildings where greater than 75 percent of the total roof area has annual solar access that is less than 70 percent Solar access is the ratio of solar insolation induding shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access. In lieu of solar water heaters, the project may propose to indude heat pump water heaters to reduce the water heating load by 50 percent. Check "NIA" if the project does not contain any residential or non-residential buildings. Transportation Demand Management 5. Transportation Demand Management For non-residential projects with more than 50 employees, would the project indude a transportation demand management (TOM) plan reviewed and approved by the City of Garlsbad Transportation Division (see Attachment A, D D D Transportation Demand Management Plan template)? Check "NIA" if the project is a residential project or if it would not accommodate more than 50 employees. Increased Zero-Emissions Vehicle (Z.EV) Travel 6. Zero-Emission Vehicle Infrastructure • One-and two-family dwellicgs and townhouses with attached 1:1nvate garages: Would the required parking serving each new dwelling be "EV Ready"4 to allow for the future installation of electric vehide supply equipment to provide an electric vehicle charging station for use by the resident? • Multi-Family Projects of fewer than 17 dwellicg units: Would a minimum of one parking space be "EV Ready" to allow for the future installation of D D 0 electric vehicle supply equipment to provide electric vehide charging stations at such lime as it is needed for use by residents? • Multi-Famil~ Projects of 17 or more dwelling units: Would five percent of the total parking spaces required, or a minimum of two spaces, whichever is greater, be 'EV Capable'5 to allow for the Mure installation of electric vehide supply equipment to provide electric vehicle charging stations at such time as ~ is needed for use by residents? Of the total 'EV capable" spaces provided, would 50 percent of them, or a minimum of one, 3 Btu/h•British thermal unit per hOur; solar saving fraction defined as the amount of energy provided by solar technology divided by the total energy required. • "EV Ready" means a parking space that Is pre-wired with a dedicated 208/240 branch circuit installed in conduit that originates at the electrical service panel or sub-panel and 40 ampere minimum overcurrent protection device, and terminates into a cabinet. box or enclosure, in a manner approved by the building official. 5 'EV Capable" means a parking space that has a cabinet, box or enclosure connected to a conduit linking the parking space to the electrical service panel In a manner approved by the building official. The electrical service panel shall provide sufficient capacity to simultaneously charge all electric vehicles with or without a load management system. P-30 Page 6 of 13 Revised 02/17 City of Carlsbad Climate Action Plan Consistency Checklist Checklist Item Yes No N/A (Check the appropriate box and provide explanation for your answer) whichever is greater, have the necessary electric vehide supply equipment to provide active charging stations ready for use by residents and guests? • Non-residential projects: Would six percent of the total parking spaces required, or a minimum of one space, whichever is greater, be "EV Capable" to allow for the future installation of electric vehide supply equipment to provide electric vehide charging stations at such time as it is needed for use by future occupants? Of the total "EV Capable' spaces provided, would 50 percent of them, or a minimum of one, whichever is greater, have the necessary electric vehicle supply equipment to provide active charging stations ready for use by customers and employees? Water Utilities System Improvements 7. For one-and two-family residential projects, does the project include: • Waste piping to permit the discharge of greywater to be used for outdoor irrigation in compliance with Section 1502 of the California Plumbing D D D Code?6 Check "NIA" if the project does not indude residential buildings. 6 Pursuant to Health and Safety Code Section 17922.12, greywater means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by Infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. Greywater includes. but Is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. P-30 Page 7 of 13 Revised 02/17 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date of Architect/Developer TDM Plan: _______ _ PHASE I: ARCHITECT/DEVELOPER SECTION I: GENERAL INFORMATION : Developer: ... Architect/Developer: • Primary c.ontact: Mailing Address: Phone: . Email: SECTION II: PROJECT INFORMATION Project Address: SECTION III: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: FACILITIES Describe how you have incorporated the following Facility Standards into the design of your project plans. Include the number of amenities within each category as well as a site map. Please list at least one item from each of the six categories. 1) Bike Parking Requirements D Secure Bicycle Parking D Bikes available for employees D End-of-trip facilities such as showers and changing rooms with lockers Updated 10/6/2016 8 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 2) Pedestrian Facilities D Pedestrian Access to the Public Sidewalk {city of Carlsbad D Direct Routes from Public Sidewalk to Each Building in the Project 3) Transit Facilities D Convenient Access to Transit 4) Vehicle Facilities D Preferential Parking for Carpools and V anpools D Convenient Drop-off for Carpools and V anpools Onsite 5) Facilities: On-Site Amenities D Cafe or Full Service Cafe D Kitchen capable of providing catering D Conference Center/Meeting Rooms D Conference Communication Equipment D Wellness Center/Gym D Athletic Facilities D Delivery Services/Employee Service Venue; dry cleaning and/or other convenient services Updated 10/6/2016 9 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad 6) Additional {Optional) Programs and Services: 0 Mobility Hub Services (transportation options, shuttle, bus service, etc.) 0 EV Infrastructure 0 Parking Management Plan SECTION V: AUTHORIZATION Name and Signature of Designated Property Management Contact: Printed Name Signature Date Name and Signature of City of Carls hall Representative: Printed Name . Signature Date Updated 10/6/2016 10 Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 {city of Carlsbad Effective Date ofTDM Plan: _______ _ PHASE 11: COMPANY TDM PROGRAM SECTION I: GENERAL INFORMATION Company: Property Manager/ Human Resources Manager: Primary Contact: Mailing Address: Phone: Email: SECTION II: PROJECT INFORMATION Project Address: SECTION Ill: CAP ALIGNMENT Climate Action Plan Measure K: Promote Transportation Demand Management SECTION IV: PROGRAMS The following Programs 1-7 must be implemented within one year of project completion. Please list at least one item from each of the six categories. Updated 10/6/2016 11 -· Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 1) Completion of Annual Survey: {city of Carlsbad 0 Agree to conduct a TOM survey or an iCommute survey annually. 2) Designated On-site Transportation Coordinator: 0 Agree to designate an on-site transportation coordinator to be the point of contact with the City, regarding transportation demand management facilities and programs. This person shall serve as the on-site coordinator. 3) Information Board or Kiosk: 0 Information Board or Kiosk in Prominent Location for Residents, with resources on all modes of transportation. 4) On-Site Transit Pass Sales or Pre-Tax Transit Pass Program: 0 On-Site Transit Pass Sales 0 Pre-Tax Transit Pass Program (if applicable) or similar program 0 Information about transit services to your location 5) Participation in Guaranteed Ride Home or similar program 0 Agree to participate in a Guaranteed Ride Home Program when a personal emergency situation arises for tenant who uses an alternative commute mode to get to work ( or from work to home). Updated 10/6/2016 12 .. Attachment "A" to Climate Action Plan Consistency Checklist Transportation Demand Management (TDM) Plan Commercial Buildings V 1.2 6) Rideshare Services D Rideshare matching services, subsidies or pre-tax donation D Vanpool Services D Car Sharing Services D Assistance in Finding Commute Alternatives 7) Additional (Optional) Programs and Services: D Telecommute Program D Flexible work hours or compressed work week D Parking Management Plan D Other On-Site Amenities SECTION V: AUTHORIZATION (city of Carlsbad Name and Signature of Designated Property Management or Human Resources Manager Contact: . Printed Name Signature Date Name and Signature of on-site transportation coordinator: (preferred) Printed Name , Signature Date Name and Signi)ture of City of Carlsbad Representative: Printed Name . Signature Date Updated I 0/6/2016 13 Supplemental Information Climate Action Plan Consistency Checklist Form P-30 The addition of 29 hotel units is roughly proportional to the GHG impacts caused by 29 multi family units. Pursuant to Step 1 of Form P-30, a multifamily housing development of less than 70 dwelling units emits fewer than 900 MTCO2e per year. 29 additional hotel units would also be significantly less than this threshold, therefore, the project's GHG impact is less than significant and not subject to the measures of the CAP. --@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00081720-993-SD2-CFU Grand Pacific Resorts, Inc. Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 5900 Pasteur Court #200 Carlsbad, CA 92008 ATTN: Diane Proulx Email: dproulx@gprcsorts.com Ref: Annada Dr. Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 5803 & 5805 ARMADA DRIVE, CARLSBAD, CA FIRST AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may he sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated al the oplion of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA llomeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely J0r the pwpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability he assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(,) of title insurance to be issued hereunder will be po/icy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully c011sidered~ It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By q By: __ ...L., ____ _ Authorized Signature CLTA Preliminary Report Form -Modified (11/17/06) Page I -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: January II, 2018 at 7:30 a,m, ORDER NO,: 00081720-993-SD2-CFU The fom1 of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Owners Policy (04-08-14) I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GRAND PACIFIC PALISADES HOTEL, L.P., a Delaware limited liability partnership 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (I 1/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND JS DESCRIBED AS FOLLOWS: PARCEL A: 211-022-32 LOT 3 AND A PORTION OF LOT I OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 99-065268 OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF SAID MAP NO. 13719, SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER I 1, 1996 AS FILE NO. 1996-0463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND THE TRUE POINT OF BEGINNING. THENCE LEA YING SAID RIGHT OF WAY SOUTH 63°50'20 .. WEST (SOUTH 63°50'30" WEST RECORD MAP 13357) 412.46 FEET ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 13719 TO A POINT, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID LOT 3 OF SAID MAP NO. 13719; THENCE LEAVING SAID BOUNDARY LINE OF SAID MAP NO. 13719 AND ALONG THE WESTERLY LINE OF SAID LOT 3 NORTH 17°59'30" EAST 81.66 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 33.20 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 2.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 20.33 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 8.00 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30'" WEST 31.79 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH I 7°59'30" 138.23 FEET TO A POINT; SAID POINT BEING ON THE NORTHERLY LOT LINE OF SAID LOT 3 AND THE SOUTHERLY LOT LINE OF SAID LOT I OF MAP NO. 13719; THENCE LEAVING NORTHERLY LOT LINE OF SAID LOT 3 AND CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT I NORTH 72°00'30" WEST 17.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE NORTH 17°59'30 .. EAST 22.91 FEET; THENCE LEAVING SAID WESTERLY LOT LINE OF SAID LOT I SOUTH 72°00'30 .. EAST 190.98 FEET; THENCE NORTH 17°59'30" EAST 46.83 FEET; THENCE SOUTH 72°00'30 .. EAST 64.32 FEET; THENCE NORTH 63°50'20 .. EAST 29.52 FEET; THENCE NORTH 17°59'30" EAST 52.68 FEET; THENCE NORTH 60°27'08" EAST 36.93 FEET TO A POINT ON SAID 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID ARMADA DRIVE; THENCE ALONG SAID RIGHT OF WAY ALONG 13°46'23 .. AN ARC DISTANCE OF 149.28 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: 211-022-28 AN UNDIVIDED 7/175THS FEE TITLE INTEREST IN THE COMMON AREA DELINEATED AS SUCH ON THAT CERTAIN CONDOMINIUM PLAN FOR VACATION AND FACILITIES/AMENITIES CONDOMINIUMS IN GRAND PACIFIC PALISADES RESORT RECORDED ON FEBRUARY 3, 1999, AS DOCUMENT NO. 1999-0065269 OF OFFICIAL RECORDS OF THE SAN DIEGO COUNTY RECORDER'S OFFICE, SAN DIEGO, CALIFORNIA, AND ALL AMENDMENTS MADE, OR WHICH MAY BE MADE, THERETO (THE "CONDOMINIUM PLAN"), BEING A PORTION OF THAT CERTAIN REAL PROPERTY LEGALLY DESCRIBED AS: LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP NO. 13719, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON FEBRUARY 3, 1999 AS FILE NO. 1999- 0065268 (THE "LOT 2 PROPERTY) CLTA Preliminary Report Form -Modified (I 1117/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. .. Chicago Title ComJ1any ORDER NO.: 0008 I 720-993-SD2-CFU PARCELB2: EXHIBIT A (Continued) THE FOLLOWING CONDOMINIUM UNITS AS DELINEATED ON THE CONDOMINIUM PLAN: (i) GIFT SHOP UNIT (A-1); (ii) ACTIVITIES DESK UNIT (A-2); {JII} LOBBY AND FRONT DESK UNIT (A-3); OFFICE BEHIND FRONT DESK UNIT (A-4); GYM UNIT (A-11 ), ADULT POOL, SPA, AND POOL DECK UNIT (A-13); GARAGE AND RAMPS UNIT (A-14). PARCELB3: SUBJECT TO THE TERMS AND CONDITIONS OF DECLARATIONS: A NONEXCLUSIVE RIGHT TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, THE OTHER FACILITIES/AMENITIES UNITS AS DELINEATED ON THE CONDOMINIUM PLAN, AS DESCRIBED IN THE DECLARATION, TOGETHER WITH A NONEXCLUSIVE RIGHT TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND AS DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/AMENITIES UNIT. RESERVING TO GRANTOR FROM PARCELS 1 AND 2 ABOVE, TOGETHER WITH THE RIGHT TO GRANT TO OWNERS OF VACATION OWNERSHIP OWNERS AND OWNERS OF FACILITIES/AMENITIES CONDOMINIUMS: (I) EACH OF THE EASEMENTS AND OTHER RIGHTS RETAINED BY GRANTOR FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS, TO, FROM, OVER, UNDER, ACROSS AND THROUGH THE LOT 2 PROPERTY, AS SUCH EASEMENTS AND OTHER RIGHTS ARE SPECIFICALLY IDENTIFIED AND DESCRIBED IN: (A) THE DECLARATION REFERRED TO IN THIS DEED; AND (B) THE HOTEL OWNER(S) USE RIGHTS DECLARATION REFERRED TO IN THIS DEED: (II) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS , AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND VISITORS TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, EACH OTHER FACILITIES/AMENITIES UNIT AS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION; AND (111) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL CLTA Preliminary Report Form-Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 0008l720-993-SD2-CFU PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/AMENITIES UNIT. PARCELB4: AN EASEMENT FOR AUTOMOBILE PARKING AND PEDESTRIAN INGRESS AND EGRESS PURPOSES AS GRANTED ON THAT CERTAIN PARKING EASEMENT AGREEMENT RECORDED JULY 10, 1997 AS FILE NO. 1997-0324277, OFFICIAL RECORDS, OVER A PORTION OF THE DESCRIBED PROPERTY AS DESCRJBED IN SAID AGREEMENT SUBJECT TO COVENANTS AND CONDITIONS CONTAINED THEREIN: LOT 15 OF CARLSBAD TRACT 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL I, I 997. PARCEL B5: A PERMANENT AND NONEXCLUSIVE EASEMENT FOR PURPOSES OF PEDESTRJAN INGRESS AND EGRESS AND GENERAL PUBLIC ACCESS IN, OVER, UNDER, ACROSS AND ALONG THAT PORTION OF LOT 1 OF CARLSBAD MINOR SUBDIVISION NO. 97-03, ACCORDING TO PARCEL MAP THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 7, 1997 AS DOCUMENT NO. 97- 319148, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRJBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT l; SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCA VE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 11, 1996 AS DOCUMENT NO. 96-463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP NO. 13357) 245.31 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT I, TO A POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT I AND THE TRUE POINT OF BEGINNING; THENCE NORTH 17°59'30" EAST 113.63 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT I; THENCE NORTH 72°00'30" WEST 42.00 FEET AT THE SOUTHERLY LOT LINE OF SAID LOT l; THENCE LEAVING SAID SOUTHERLY LOT LINE NORTH 17 °59'30" EAST 5.00 FEET; THENCE SOUTH 72 °00'30" EAST 47.00 FEET; THENCE SOUTH 17° 59' 30" WEST 113.78 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTERLY LOT LINE OF SAID LOT I; THENCE SOUTH 63 °50'20" WEST (SOUTH 63°50' 30" WEST RECORD MAP NO. 13357) ALONG SAID SOUTHEASTERLY LOT LINE 6.97 FEET TO THE TRUE POINT OF BEGINNING. PARCELB6: AN EASEMENT FOR ACCESS, PARKING, DRAINAGE AND UTILITIES OVER, ACROSS AND UPON LOT 1 OF PARCEL NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, CL TA Preliminary Report Fonn -Modified (11 /17 /06) Pagc5 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. EXCEPTIONS Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Code Area: 211-022-28-00 2017-2018 $408,575.35, paid $408,575.35, open (Delinquent after April 10) $40,867.53 09034 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Code Area: 211-022-32-00 2017-2018 $75,858.09, paid $75,858.09, open (Delinquent after April 10) $7,595.80 09034 B. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960 of Official Records Lot l C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. MATTERS AFFECTING PARCEL A: l. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960 of Official Records Lot l 2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 12, 1994 Recording No: 1994-0027697 Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: I 995-0283827 Official Records 3. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recording Date: July 5, 1994 Carltas Company and City of Carlsbad July 20, 1994 1994-0449965 Official Records Recording No: Regarding: Agreement Between Developer-Owner and the City of Carlsbad for Payment of a Facilities Fee for Inside the Boundaries of Community Facilities Reference is hereby made to said document for full particulars. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as shown on said Map Map/Plat: Purpose: Affects: Map No. 13719 public sidewalk Lot I and 3 as shown on said Map No. 13719 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic infonnation, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is pemiitted by applicable law, as set forth in the document Recording Date: April 2, 1997 Recording No: l 997-015034 7 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 6. Covenant to Indemnity Recording Date: April 16, I 997 Recording No.: 1997-0176000 Official Records Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 7 r· PRELIMINARY REPORT .... ' YOUR REFERENCE: Annada Dr. \ ,.,, Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU Granted to: Purpose: Recording Date: Recording No: Affects: EXCEPTIONS (Continued) Carlsbad Pacific Resort LLC, a California limited liability company parking easement July I 0, I 997 1997-0324277, Official Records The exact location and extent of said easement is not disclosed of record 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372432, Official Records 9. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372433, Official Records 10. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, 1997 Recording No: 1997-0372469 Official Records Reference is hereby made to said document for full particulars. 11. Notice Concerning Aircraft Environmental Impacts Recording Date: August 18, 1997 Recording No.: 1997-0395896, Official Records Reference is hereby made to said document for full particulars. Affects Lot I 12. Easement(s) for the purposc(s) shown below and rights incidental thereto, as granted in a µocument: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August 19, 1997 1997-400293, Official Records Lot 1 Said instrument provides or establishes: "Grantor" also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. CLTA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) 13. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: Recording No.: September 23, 1997 1997-468039 Official Records Reference is hereby made to said document for full particulars. Affects Lot I 14. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch) Recording Date: Recording No.: September 26, 1997 1997-0476786 Official Records Reference is hereby made to said document for full particulars. Affects Lot I 15. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: Recording No.: September 26, 1997 1997-0476787 Official Records Reference is hereby made to said document for full particulars. Affects Lot I 16. Intentionally omitted 17. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, I 998 Recording No.: I 998-00 I I 656, Official Records Reference is hereby made to said document for full particulars. Affects Lot I 18. Reciprocal Indemnity Agreement (Lot IO of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-011932 Official Records Reference is hereby made to said document for full particulars. Affects Lot I Chicago Title Company ORDER NO.: 00081720-993-SDl-CFU 19. Easement(s) for the purposc(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138097 Official Records CLTA Preliminary Report Fonn -Modified (11/17/06) Page9 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Chicago Title Company ORDER NO.: 0008 I 720-993-SO2-CFU Affects: Lot 1 EXCEPTIONS (Continued) 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company Access, parking, drainage and utilities June 12, 1998 1998-0356919, Official Records Lot 1 21. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, 1998 Recording No.: 1998-0424986 Official Records Reference is hereby made to said document for full particulars. 22. Hold Harmless Agreement Drainage Recording Date: October I 3, 1998 Recording No.: I 998-0656884 Official Records Reference is hereby made to said document for full particulars. 23. Hold Harmless Agreement Geological Failure Recording Date: October 13, 1998 Recording No.: 1998-0656885 Ofiicial Records Reference is hereby made to said document for full particulars. 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735569, Official Records Lot I 25. Common Improvements Maintenance and Maintenance Cost-sharing Agreement for Grand Pacific Palisades Resort Hotel and Restaurant Recording Date: December 18, 1998 Recording No.: I 998-0832764 Official Records Reference is hereby made to said document for full particulars. 26. Recitals as shown on that certain map No. l 3719 Which among other things recites: This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2. CL TA Preliminary Report Fann~ Modified (I I /I 7/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: A1mada Dr. EXCEPTIONS (Continued) Reference is hereby made to said document for full particulars. Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU 27. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Lot 1 Said Land, however, abuts on a public thoroughfare, other than the one refeITed to above, over which the rights of vehicular access have not been relinquished. MATTERS AFFECTING PARCEL B: 28. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960. Official Records Parcel B4 29. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 12, 1994 Recording No: 1994-0027697 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: 1995-0283827, Official Records 30. Easement(s) for the purposc(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: 13719 Purpose: public sidewalk Affects: Lots 1, 2 and 3 as shown on said Map No. 13719 31. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic infonnation, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is pem1itted by applicable law, as set forth in the document CL TA Preliminary Report Form -Modified ( 1 J /17 /06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Recording Date: Recording No: April 2, 1997 EXCEPTIONS (Continued) 1997-015034 7, Official Records Chicago Title Company ORDER NO.: 00081720-993-SO2-CFU Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 32. Covenant to Indemnity Recording Date: April 16, 1997 Recording No.: 1997-0176000, Official Records 33. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Carlsbad Ranch Company, LP., a California partnership Access, parking, drainage and utilities June 12, 1998 1998-0356918 Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 34. Hold Ham1less Agreement Recording Date: June 20, 1997 Recording No.: 1997-0287909. Official Records Affects Parcel B4 35. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Armada Drive, excepting therefrom access opening No. I as shown on Map No. 13 719 36. Easement(s) for the purposc(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Pacific Resort LLC, a California limited liability company parking easement July 10, 1997 1997-0324277 Official Records The exact location and extent of said casement is not disclosed of record 3 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372432. Official Records 38. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to CLTA Preliminary Report Form -Modified (l l/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: A1mada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372433 Official Records 39. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, l 997 Recording No.: l 997-0372469 Official Records Affects Parcel B4 40. Notice Concerning Aircraft Environmental Impacts Recording Date: August l 8, l 997 Recording No.: l 997-0395896 Official Records 41. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August l 9, I 997 1997-0400293 Official Records Parcel B4 Said instrument provides or establishes: "Grantor" also a agrees to defend, indemnity and hold ham1less the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 42. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego Aircraft operations, sound, air space and avigaton August l 9, 1997 1997-0400294 of Official Records Parcel B4 Said instrument provides or establishes: "Grantor" also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county" 43. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: September 23, 1997 Recording No.: I 997-468039. omcial Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Forni --Modified (11/17/06) Page 13 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Affects Parcel B4 EXCEPTIONS (Continued) 44. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch) Recording Date: September 26, 1997 Recording No.: I 997-04 76786, Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 45. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: Recording No.: September 26, I 997 1997-0476787 Official Records Reference is hereby made to said document for full particulars. Affects Lot 2 46. Intentionally omitted 47. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, l 998 Recording No.: l 998-001 1656 Official Records Reference is hereby made to said document for full particulars. Affects Parcel 84 48. Reciprocal Indemnity Agreement (Lot 10 of Carlsbad Ranch) Recording Date: Januaiy 9, 1998 Recording No.: 1998-011932, Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU 49. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 I 998-0138097, Official Records Parcel 84 50. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 CL TA Preliminaiy Report Form -Modified (11/17/06) Page 14 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU Recording No: Affects: EXCEPTIONS (Continued) 1998-0138098 Official Records Lot2 51. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company access, parking, drainage and utilities June 12, 1998 1998-03569!9 Official Records Parcel B4 52. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, l 998 Recording No.: l 998-0424986 Official Records Reference is hereby made to said document for full particulars. 53. Hold Harmless Agreement Drainage Recording Date: Recording No.: October 13, 1998 1998-0656884, Official Records Reference is hereby made to said document for full particulars. 54. Hold Harmless Agreement Geological Failure Recording Date: Recording No.: October 13, 1998 1998-0656885, Official Records Reference is hereby made to said document for full particulars. 55. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735566 Official Records Lot2 56. Easement(s) for the purposc(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public uiilities, ingress, egress November 12, 1998 l 998-0735569 Official Records Parcel B 57. Common Improvement Maintenance and Maintenance Cost-sharing Agreement Recording Date: Recording No.: December 18, l 998 1998-0832764 Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 15 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. ( EXCEPTIONS (Continued) Reference is hereby made to said document for full particulars. 58. Recitals as shown on that certain map no. 13719 Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU Which among other things recites: This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2. Reference is hereby made to said document for full particulars. 59. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: 13719 Purpose: general utilities Affects: lot 2 as shown on said map Purpose: access Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: general utilities Affects: lot 2 as shown on said map Purpose: drainage Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: public utility Affects: lot 2 as shown on said map Purpose: sight distant corridor Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: loop detection Affects: lot 2 as shown on said map 60. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: Recording No: February 3, 1999 1999-65270, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. CLTA Preliminary Report Fonn -Modified (11/17/06) Page 16 PRELIMINARY REPORT YOUR REFERENCE: A,mada Dr. EXCEPTIONS (Continued) An Assignment ofDeclarant's Rights Recording Date: April 29, 1999 Recording No: 1999-288506, Official Records Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units in Grand Pacific Palisades Resort Recording Date: June 30, 1999 Recording No: 1999-455398 Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein desc1ibed Land by an instrument Recording Date: Recording No: November 13, 2001 2001-0825055, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units Recording Date: Recording No: November 13, 2001 2001-0825056, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondcsignated Vacation Units in Grand Pacific Palisades Resort Recording Date: Recording No: September 6, 2002 2002-761781, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: January 9, 2003 Recording No: 2003-027867, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 22, 2004 Recording No: 2004-0578254, Official Records A document entitled: Certificate de-designation was recorded: Recording Date: June 22, 2004 Recording No: 2004-0578255 Official Records A document entitled: Certificate de-annexation was recorded: Recording Date: June 22, 2004 Recording No: 2004-0578256 Official Records A Declaration of Modified Annexation was recorded: Recording Date: June 22, 2004 CLTA Preliminary Report Form -Modified (11/17/06) Page 17 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Recording No: ( EXCEPTIONS (Continued) 2004-0578257, Official Records Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU A document entitled: Certificate (Declaration) of Designation of Vacation Units in Grand Pacific Palisades Resort Recording Date: June 22, 2004 Recording No: 2004-0578258, Official Records A document entitled: Certificate of Designation was recoded Recording Date: June 28, 2004 Recording No: 2004-60483 7, Official Records A document entitled: Certificate of Designation was recoded Recording Date: July 19, 2004 Recording No: 2004-671680, Official Records A document entitled: Certificate of Designation was recoded Recording Date: Recording No: September 30, 2004 2004-929974, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: May 16, 2005 Recording No: 2005-0408329, Official Records 61. Grand Pacific palisades Resort and Hotel Cost-Sharing Agreement Recording Date: Recording No.: And Amended: Recording Date: Recording No.: Second Amended; Recording Date: Recording No.: February 3, I 999 1999-065271, Official Records June 28, 2004 2004-0604839 Official Records August 16, 2005 2005-0701987. Official Records Reference is hereby made to said document for full particulars. 62. Declaration of covenants, conditions and restrictions relating to Hotel Owners Use Rights Recording Date: February 3, I 999 Recording No.: I 999-065272. Official Records Reference is hereby made to said document for full particulars. 63. License Agreement for Use of Garage and Ramps Unit CLTA Preliminary Report Form -Modified (11/17/06) Page 18 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Chicago Title Company ORDER NO.: 0008 l 720-993-SO2-CFU Recording Date: Recording No.: February 3, I 999 EXCEPTIONS (Continued) I 999-065273 Official Records Reference is hereby made to said docmnent for full particulars. 64. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: February 18, 2000 2000-084875 Official Records 65. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Lessor: Grand Pacific Palisades, LLC, a California limited liability company, formerly known as Carlsbad Pacific Resort LLC, a California limited liability company Lessee: Pacific Bell Mobile Services, a California corporation Disclosed By: Memorandum of Lease Recording Date: May9,2000 Recording No: 2000-0239897 Official Records 66. Hold Harmless Agreement Drainage Recording Date: July 17, 2000 Recording No.: 2000-0374941 Official Records Reference is hereby made to said document for full particulars. 67. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Lease Grand Pacific Palisades, LLC, a California limited liability company Airtouch Cellular, a California corporation dba Verizon Wireless October 11, 2000 2000-0547108, Official Records 68. Memorandum of Agreement Recording Date: October 31, 2003 Recording No.: 2003-01323112 Official Records Reference is hereby made to said document for full particulars. 69. Notice of Restriction on Real Property by the city of Carlsbad Recording Date: Recording No.: January 21, 2005 2005-054771. Official Records CLTA Preliminary Report Form-Modified (11/17/06) Page 19 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. ,r .. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU 70. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Recording Date: Recording No: as set forth therein August 16, 2005 2005-0701986, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. MA TIERS AFFECTING ALL PARCELS: 71.. DEED OF TRUST given to secure the original amount shown below, and any other amount payable under the terms thereof. Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $12,000,000.00 August 25, 2015 Grand Pacific Palisades Hotel, L.P., a Delaware limited liability company Chicago Title Company First Foundation Bank 30019800 August 28, 2015 2015-0457219 of Official Records 72. Water rights, claims or title to water, whether or not disclosed by the pubJic records. 73. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 74. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 20 PRELIMINARY REPORT Y,OUR REFERENCE: Annada Dr. REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU l. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Name: GRAND PACIFIC PALISADES HOTEL, L.P., a Delaware limited liability partnership a) A complete copy of the limited partnership agreement and any amendments and restatements thereto b) Evidence that the partnership was validly formed, is in good standing and authorized to do business in its state of origin c) If less than all general partners are executing documents, furnish evidence of the signing partner(s) authority, unless authorized in the above-referenced documents. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Reporl Fom1 -Modified (11/17/06) Page 21 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. I '- """ Chicago Title Company , ~RDER NO.: 0008 I 720-993-SDl-CFU INFORMATIONAL NOTES SECTION 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Multi (5+) Family Structure properties, known as 5803 & 5805 Armada Drive, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLT A Preliminary Report Form --Modified ( l l /17 /06) Page 22 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Toe., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may col1ect personal information personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, you and others related to our transactions with you. When you visit our passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing information from your Internet browser, and store certain information available to us through your Internet computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to information to provide products and services to you, to improve our our affiliates and/or nonaffiliatcd parties providing services for you or products and services, and to communicate with you about these us, to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact information with by law, and to pai.ties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain disclosure or use of from children who are under the age of 13, and our website is not your infonnation or choose to not provide any personal information to intended to attract children. us. Privacy Outside the Website. We ai.·e not responsible for the privacy International Users. By providing us with your information, you practices of third parties, even if our website links to those parties' consent to its transfer, processing and storage out<;ide of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Copyright© 2017. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC0219 (DSI Rev. 3/2/17) Page I Fidelity National Financial, Inc. All Rights Reserved Order No. 0008 I 720-993-SD2-CFU c·. .~ .FIDELITY NATIONAL FINANCIAL, IN?. " PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and arc committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf ofFNF, including Personal Information and Browsing Information collected through any FNF website, onlinc service or application (collectively, the "Website"). Types of lnfonnation Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate-and loan-related services to you. Browsing lnfonnation. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How lnfonnation is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services,jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 M!SC0219 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 0008 I 720-993-SD2-CFU • · other third parties for whom you ha"te ~given us written authorization to disclose your Perso;;:1 Inforn1ation. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes -information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes -information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third patties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing lnfom1ation with nonaffiliated third parties for marketing purposes, except after you have been infonned by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and infmmation about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you arc over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Infmmation and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Infonnation and/or Browsing lnfonnation, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 0008 I 720-993-SD2-CFU For some FNF websites, such as the C~mer CareNet ("CCN"), FNF is acting as a th~arty service provider to a mortgage loan · servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • IP address. The infonnation you submit through the website is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer infom1ation with third parties, other than (I) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide infonnation to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Infomiation, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02l 9 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00081720-993-SD2-CFU Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or conunitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 ' ' ATTACHMENT ONE 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: I. (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: I. Taxes or assessments which arc not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any Jaw or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; c. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that arc Known to You at the Policy Date, but not to Us, unless they arc recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALT A LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) docs not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the lnsured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk I I, l3 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. Unenforccability 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·lcnding 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. l11is Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b ). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy docs not insure against loss or damage, and tJ1e Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l{a) docs not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whetl1er or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by tl1e 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) arc shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5~14) CA & NV ALTA EXPA1,DED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, l3(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, l3(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Uncnforceability of the lien of the Insured Mmtgage because of the inability or failure ofan Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestec shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 l(b) or 25. 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. I 0. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV I 'I I • ' -~ -• • • •• • ' ' I • • • I • ' I I • ~ • • ' ~ ! ! J~ • • • • • • •• ' • • - I • I i I I I I ' • • • • . ' • • • .. i ... ••• : ' I ! ! a ~ ; . •• • . • : . . • • • • ' • • , • • • ' • • ' . • ' • 3H:ION 730 03SVd r§J;:\ \iv ,..""" ._, 0 ~ I <D "' ,_ u- ~-,-,.,._,---,_.--~-----_,--.-,-,_--"'-,-.,-,_~-, ....... ------u-.,-.,-~-__,,--.,=,.,--=--,-~==~-,-~--==-,-~==-,.,=-==-=--=,.=1 1 · m.aptplat is being furnished as arl iiCfln locating the herein desciib_ed Land in relation to adjoining stre"e,s:·natufalboun. danes and other Ian CC and iS I a sul"lley of the land depicted. Except to the extent a policy of title insurance 1s expressly modified by endorsement. if any, the Company does not insure dimensions. distances, location of easements, acreage or other matters shown thereon --------.. -----. ------ Order: Quick.View_ Page 1 of 2 Requested By , Printed: 11/13/2017 6:36 AM Doc: 211-2 MAP ASSESSOR • . L -@Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00081720-993-SD2-CFU Grand Pacific Resorts, Inc. 5900 Pasteur Court #200 Carlsbad, CA 92008 ATTN: Diane Proulx Email: dproulx@gpresorts.com Ref: Armada Dr. Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@cttcom PROPERTY: 5803 & 5805 ARMADA DRIVE, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof. a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrab/e matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By:CZ' Attesl Authorized Signature CLTA Preliminary Report Form~ Modified (11/17/06) Page 1 ( -@Chicago Title C~pany 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: October 31, 2017 at 7:30 a.m. ORDER NO.: 00081720-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Owners Policy (04-08-14) l. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: GRAND PACIFIC PALISADES HOTEL, L.P., a Delaware limited liability partnership 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXHIBIT "A" LEGAL DESCRIPTION _.,_ : -,__,,.,,,,: Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: 211-022-32 LOT 3 AND A PORTION OF LOT 1 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP THEREOF NO. 13719, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 3, 1999 AS DOCUMENT NO. 99-065268 OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF SAID MAP NO. 13719, SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE TRUE POINT OF BEGINNING. THENCE LEA YING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30" WEST RECORD MAP 13357) 412.46 FEET ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID MAP NO. 13719 TO A POINT, SAID POINT BEING THE SOUTHWESTERLY CORNER OF SAID LOT 3 OF SAID MAP NO. 13719; THENCE LEAVING SAID BOUNDARY LINE OF SAID MAP NO. 13719 AND ALONG THE WESTERLY LINE OF SAID LOT 3 NORTH 17°59'30" EAST 81.66 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 33.20 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 2.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30" WEST 20.33 FEET; THENCE CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" EAST 8.00 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 72°00'30'' WEST 31. 79 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE OF SAID LOT 3 NORTH 17°59'30" 138.23 FEET TO A POINT; SAID POINT BEING ON THE NORTHERLY LOT LINE OF SAID LOT 3 AND THE SOUTHERLY LOT LINE OF SAID LOT 1 OF MAP NO. 13719; THENCE LEAVING NORTHERLY LOT LINE OF SAID LOT 3 AND CONTINUING ALONG THE SOUTHERLY LOT LINE OF SAID LOT 1 NORTH 72°00'30" WEST 17.17 FEET; THENCE CONTINUING ALONG THE WESTERLY LOT LINE NORTH 17°59'30" EAST 22.91 FEET; THENCE LEAVING SAID WESTERLY LOT LINE OF SAID LOT 1 SOUTH 72°00'30" EAST 190.98 FEET; THENCE NORTH 17°59'30" EAST 46.83 FEET; THENCE SOUTH 72°00'30" EAST 64.32 FEET; THENCE NORTH 63°50'20" EAST 29.52 FEET; THENCE NORTH 17°59'30" EAST 52.68 FEET; THENCE NORTH 60"27'08" EAST 36.93 FEET TO A POINT ON SAID 621.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF SAID ARMADA DRIVE; THENCE ALONG SAID RIGHT OF WAY ALONG 13°46'23" AN ARC DISTANCE OF 149.28 FEET TO THE TRUE POINT OF BEGINNING. PARCEL B: 211-022-28 AN UNDIVIDED 7/175THS FEE TITLE INTEREST IN THE COMMON AREA DELINEATED AS SUCH ON THAT CERTAIN CONDOMINIUM PLAN FOR VACATION AND FACILITIES/AMENITIES CONDOMINIUMS IN GRAND PACIFIC PALISADES RESORT RECORDED ON FEBRUARY 3, 1999, AS DOCUMENT NO. 1999-0065269 OF OFFICIAL RECORDS OF THE SAN DIEGO COUNTY RECORDER'S OFFICE, SAN DIEGO, CALIFORNIA, AND ALL AMENDMENTS MADE, OR WHICH MAY BE MADE, THERETO (THE "CONDOMINIUM PLAN"), BEING A PORTION OF THAT CERTAIN REAL PROPERTY LEGALLY DESCRIBED AS: LOT 2 OF CARLSBAD RANCH HOTEL AND TIMESHARE RESORT C. T. 96-01, ACCORDING TO MAP NO. 13719, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON FEBRUARY 3, 1999 AS FILE NO. 1999- 0065268 (THE "LOT 2 PROPERTY") CLTA Preliminary Report Form-Modified (I 1/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU PARCELB2: EXHIBIT A (Continued) THE FOLLOWING CONDOMINIUM UNITS AS DELINEATED ON THE CONDOMINIUM PLAN: (i) GIFT SHOP UNIT (A-1); (ii) ACTIVITIES DESK UNIT (A-2); {III} LOBBY AND FRONT DESK UNIT (A-3); OFFICE BEHIND FRONT DESK UNIT (A-4); GYM UNIT (A-I I); ADULT POOL, SPA, AND POOL DECK UNIT (A-13); GARAGE AND RAMPS UNIT (A-14). PARCELB3: SUBJECT TO THE TERMS AND CONDITIONS OF DECLARATIONS: A NONEXCLUSIVE RIGHT TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, THE OTHER FACILITIES/AMENITIES UNITS AS DELINEATED ON THE CONDOMINIUM PLAN, AS DESCRIBED IN THE DECLARATION, TOGETHER WITH A NONEXCLUSIVE RIGHT TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND AS DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/ AMENITIES UNIT. RESERVING TO GRANTOR FROM PARCELS I AND 2 ABOVE, TOGETHER WITH THE RIGHT TO GRANT TO OWNERS OF VACATION OWNERSHIP OWNERS AND OWNERS OF FACILITIES/AMENITIES CONDOMINIUMS: (I) EACH OF THE EASEMENTS AND OTHER RIGHTS RETAINED BY GRANTOR FOR THE BENEFIT OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS, TO, FROM, OVER, UNDER, ACROSS AND THROUGH THE LOT 2 PROPERTY, AS SUCH EASEMENTS AND OTHER RIGHTS ARE SPECIFICALLY IDENTIFIED AND DESCRIBED IN: (A) THE DECLARATION REFERRED TO IN THIS DEED; AND (B) THE HOTEL OWNER(S) USE RIGHTS DECLARATION REFERRED TO IN THIS DEED: (II) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND VISITORS TO ACCESS, CONDUCT BUSINESS IN, USE FOR THEIR RESPECTIVE INTENDED PURPOSES, AND/OR VISIT, EACH OTHER FACILITIES/AMENITIES UNIT AS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION; AND (III) THE NONEXCLUSIVE RIGHT (EASEMENT) OF GRANTOR AND ITS SUCCESSORS AND ASSIGNS, AND ITS AND THEIR RESPECTIVE AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONCESSIONAIRES, INVITEES, PATRONS, GUESTS, AND OTHER VISITORS TO GO TO, FROM, OVER, UPON, UNDER, ACROSS AND THROUGH (AS MAY BE APPLICABLE) THE ASSOCIATION REAL CLTA Preliminary Report Form-Modified (11/17/06) Page4 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00081720-993-SDl-CFU PROPERTY, AS SUCH IS DELINEATED ON THE CONDOMINIUM PLAN, AND DESCRIBED IN THE DECLARATION, IN ORDER TO HAVE INGRESS AND EGRESS TO AND FROM EACH FACILITIES/AMENITIES UNIT. PARCELB4: AN EASEMENT FOR AUTOMOBILE PARKING AND PEDESTRIAN INGRESS AND EGRESS PURPOSES AS GRANTED ON THAT CERTAIN PARKING EASEMENT AGREEMENT RECORDED filLY 10, 1997 AS FILE NO. 1997-0324277, OFFICIAL RECORDS, OVER A PORTION OF THE DESCRIBED PROPERTY AS DESCRIBED IN SAID AGREEMENT SUBJECT TO COVENANTS AND CONDITIONS CONTAINED THEREIN: LOT 15 OF CARLSBAD TRACT 94-09, CARLSBAD RANCH UNITS 2 AND 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL I, 1997. PARCELB5: A PERMANENT AND NONEXCLUSIVE EASEMENT FOR PURPOSES OF PEDESTRIAN INGRESS AND EGRESS AND GENERAL PUBLIC ACCESS IN, OVER, UNDER, ACROSS AND ALONG THAT PORTION OF LOT I OF CARLSBAD MINOR SUBDIVISION NO. 97-03, ACCORDING TO PARCEL MAP THEREOF NO. 17877, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ruLY 7, 1997 AS DOCUMENT NO. 97- 319148, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT I; SAID CORNER IS A POINT ON A 621.00 FOOT RADIUS CURVE, CONCA VE TO THE SOUTHWEST, THE CENTER POINT TO SAID CURVE BEARS SOUTH 74°13'31" WEST, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF ARMADA DRIVE ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER II, 1996 AS DOCUMENT NO. %-463214 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, THENCE LEAVING SAID RIGHT OF WAY SOUTH 63°50'20" WEST (SOUTH 63°50'30-' WEST RECORD MAP NO. 13357) 245.31 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT I, TO A POINT ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT I AND THE TRUE POINT OF BEGINNING; THENCE NORTH 17°59'30'· EAST 113.63 FEET ALONG THE WESTERLY LOT LINE OF SAID LOT I; THENCE NORTH 72°00'30" WEST 42.00 FEET AT THE SOUTHERLY LOT LINE OF SAID LOT 1; THENCE LEA YING SAID SOUTHERLY LOT LINE NORTH 17 °59'30" EAST 5.00 FEET; THENCE SOUTH 72 °00'30" EAST 47.00 FEET; THENCE SOUTH 17° 59' 30" WEST 113.78 FEET TO A POINT, SAID POINT BEING ON THE SOUTHEASTERLY LOT LINE OF SAID LOT I; THENCE SOUTH 63 °50'20" WEST (SOUTH 63°50' 30" WEST RECORD MAP NO. 13357) ALONG SAID SOUTHEASTERLY LOT LINE 6.97 FEET TO THE TRUE POINT OF BEGINNING. PARCELB6: AN EASEMENT FOR ACCESS, PARKING, DRAINAGE AND UTILITIES OVER, ACROSS AND UPON LOT 1 OF PARCEL NO. 17877, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, CLTA Preliminary Report Form-Modified (11/17/06) Page 5 -PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 211-022-28-00 2017-2018 $408,575.35, open (Delinquent after December 10) $40,857.53 $408,575.35, open (Delinquent after April l 0) $40,867.53 $None 09034 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: !st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 211-022-32-00 2017-2018 $75,858.09, open (Delinquent after December IO) $7,585.80 $75,858.09, open (Delinquent after April I 0) $7,595.80 $None 09034 B. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960 of Official Records Lot I C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. MATTERS AFFECTING PARCEL A: I. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960 of Official Records Lot I 2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document CLTA Preliminary Report Form~ Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Recording Date: Recording No: January 12, 1994 EXCEPTIONS (Continued) l 994-0027697, Official Records Chicago Title Company ORDER NO.: 0008l 720-993-SD2-CFU Said covenaots, conditions and restrictions provide that a violation thereof shall not defeat the lien of aoy mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith aod for value. The provisions of said covenaots, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: 1995-0283827, Official Records 3. An Agreement, and the terms and conditions as contained therein Dated:. By aod Between:. Recording Date: Recording No: July 5, 1994 Carltas Company and City of Carlsbad July 20, 1994 I 994-0449965, Official Records Regarding: Agreement Between Developer-Owner and the City of Carlsbad for Payment of a Facilities Fee for Inside the Boundaries of Community Facilities Reference is hereby made to said document for full particulars. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as shown on said Map Map/Plat: Purpose: Affects: Map No. 13719 public sidewalk Lot I aod 3 as shown on said Map No. 13719 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientatio°' familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 2, 1997 Recording No: 1997-0150347, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith aod for value. 6. Covenaot to Indemnity Recording Date: April 16, 1997 Recording No.: 1997-0176000, Official Records CL TA Preliminary Report Form -Modified (I 1/17/06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU EXCEPTIONS (Continued) Reference is hereby made to said document for full particulars. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Pacific Resort LLC, a California limited liability company parking easement July 10, 1997 I 997-0324277 Official Records The exact location and extent of said easement is not disclosed of record 8. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372432, Official Records 9. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 5, 1997 Recording No: 1997-0372433, Official Records I 0. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, 1997 Recording No: 1997-0372469 Official Records Reference is hereby made to said document for full particulars. 11. Notice Concerning Aircraft Environmental Impacts Recording Date: August 18, 1997 Recording No.: 1997-0395896, Official Records Reference is hereby made to said document for full particulars. Affects Lot I 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August I 9, 1997 I 997-400293 Official Records Lot I Said instrument provides or establishes: "Grantor" also a agrees to defend, indemnity and hold harmless the city CL TA Preliminary Report Form -Modified (l I /17 /06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 13. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: Recording No.: September 23, I 997 1997-468039 Official Records Reference is hereby made to said document for full particulars. Affects Lot I 14. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch) Recording Date: Recording No.: September 26, 1997 1997-0476786, Official Records Reference is hereby made to said document for full particulars. Affects Lot I 15. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: Recording No.: September 26, 1997 1997-0476787 Official Records Reference is hereby made to said document for full particulars. Affects Lot I 16. Easement Agreement and Grant of Easement Recording Date: Recording No.: December 23, 1997 1997-0653810, Official Records Reference is hereby made to said document for full particulars. 17. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, I 998 Recording No.: 1998-00 I I 656, Official Records Reference is hereby made to said document for full particulars. Affects Lot I 18. Reciprocal Indemnity Agreement (Lot IO of Carlsbad Ranch) Recording Date: January 9, I 998 Recording No.: 1998-011932. Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form-Modified (11/17/06) Page9 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU Affects Lot I EXCEPTIONS (Continued) 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138097 Official Records Lot I 20. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company Access, parking, drainage and utilities June 12, 1998 1998-0356919, Official Records Lot I 21. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, 1998 Recording No.: 1998-0424986, Official Records Reference is hereby made to said document for full particulars. 22. Hold Ham1less Agreement Drainage Recording Date: October 13, I 998 Recording No.: 1998-0656884 Official Records Reference is hereby made to said document for full particulars. 23. Hold Harmless Agreement Geological Failure Recording Date: Recording No.: October 13, 1998 1998-0656885, Official Records Reference is hereby made to said document for full particulars. 24. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, I 998 1998-0735569, Official Records Lot l 25. Common Improvements Maintenance and Maintenance Cost-sharing Agreement for Grand Pacific Palisades Resort Hotel and Restaurant Recording Date: Recording No.: December 18, 1998 1998-0832764 Official Records CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) Reference is hereby made to said document for full particulars. 26. Recitals as shown on that certain map No. 13719 Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU Which among other things recites: This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2. Reference is hereby made to said document for full particulars. 27. The ownership of said Land does not include rights ofaccess to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Lot l Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. MATTERS AFFECTING PARCEL B: 28. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District within pipelines, ingress, egress May 15, 1961 83960, Official Records Parcel B4 29. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: January 12, 1994 1994-0027697, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: July 5, 1995 Recording No: 1995-0283827, Official Records 30. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: CLTA Preliminary Report Form-Modified (I 1/17/06) Page 11 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Purpose: Affects: ' public sidewalk EXCEPTIONS (Continued) Lots 1, 2 and 3 as shown on said Map No. 13719 Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU 31. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital starus, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 2, 1997 Recording No: !997-0150347 Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. 32. Covenant to Indemnity Recording Date: April 16, 1997 Recording No.: 1997-0176000, Official Records 33. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: 34. Hold Harmless Agreement Recording Date: Recording No.: Affects Parcel B4 Carlsbad Ranch Company, LP., a California partnership Access, parking, drainage and utilities June 12, 1998 1998-0356918, Official Records The route thereof affects a portion of said land and 1s more fully described in said document. June 20, 1997 1997-0287909, Official Records 35. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said map/plat. Affects: Armada Drive, excepting therefrom access opening No. 1 as shown on Map No. 13719 36. Eascment(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Pacific Resort LLC, a California limited liability company parking easement July 10, 1997 1997-0324277, Official Records The exact location and extent of said easement is not disclosed of record 37. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to CLTA Preliminary Report Form-Modified (l 1/17/06) Page 12 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 0008! 720-993-SD2-CFU those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the docwnent Recording Date: August 5, 1997 Recording No: 1997-0372432, Official Records 38. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the docwnent Recording Date: August 5, l 997 Recording No: 1997-0372433, Official Records 39. Notice Concerning Aircraft Environmental Impacts Recording Date: August 5, 1997 Recording No.: 1997-0372469 Official Records Affects Parcel B4 40. Notice Concerning Aircraft Environmental Impacts Recording Date: August 18, l 997 Recording No.: l 997-0395896 Official Records 41. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego aircraft operations, sound, air space and avigation August 19, l 997 1997-0400293, Official Records Parcel B4 Said instrument provides or establishes: "Grantor" also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volunteers for any and all costs, liabilities, claims or damages related to use of this avigation easement by the county. 42. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The County of San Diego Aircraft operations, sound, air space and avigaton August 19, 1997 1997-0400294 of Official Records Parcel B4 Said instrument provides or establishes: "Grantor'' also a agrees to defend, indemnity and hold harmless the city of Carlsbad and its Officers, employees, agents and volnnteers for any and all costs, liabilities, claims or damages related to use of this CL TA Preliminary Report Form -Modified (11/17/06) Page 13 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) avigation easement by the county" 43. Reciprocal Indemnity Agreement (Lots 11 and 14 of Carlsbad Ranch) Recording Date: Recording No.: September 23, 1997 1997-468039. Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 44. Reciprocal Indemnity Agreement (Lot 6 of Carlsbad Ranch) Recording Date: September 26, I 997 Recording No.: l 997-0476786, Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 45. Reciprocal Indemnity Agreement (Lot 7 of Carlsbad Ranch) Recording Date: September 26, l 997 Recording No.: l 997-0476787, Official Records Reference is hereby made to said document for full particulars. Affects Lot 2 46. Easement Agreement and Grant of Easement Recording Date: Recording No.: December 23, 1997 1997-0653810. Official Records 47. Reciprocal Indemnity Agreement (Lot 9 of Carlsbad Ranch) Recording Date: January 9, 1998 Recording No.: 1998-0011656 Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 48. Reciprocal Indemnity Agreement (Lot IO of Carlsbad Ranch) Recording Date: January 9, I 998 Recording No.: 1998-011932, Official Records Reference is hereby made to said document for full particulars. Affects Parcel B4 Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU 49. Easement(s) for the purposc(s) shown below and rights incidental thereto, as granted in a document: CLTA Preliminary Report Form -Modified (I 1/17/06) Page 14 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU Granted to: Purpose: Recording Date: Recording No: Affects: EXCEPTIONS (Continued) San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0138097 Official Records Parcel B4 50. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: San Diego Gas and Electric public utilities, ingress, egress March 13, 1998 1998-0 I 38098, Official Records Lot2 5 I. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Grand Pacific Palisades LLC, a California limited liability company access, parking, drainage and utilities June 12, 1998 1998-0356919, Official Records Parcel B4 52. Cable Television Hotel/Timeshare Billing Agreement and Grant of Easement Recording Date: July 9, I 998 Recording No.: 1998-0424986, Official Records Reference is hereby made to said document for full particulars. 53. Hold Harmless Agreement Drainage Recording Date: Recording No.: October 13, 1998 1998-0656884, Official Records Reference is hereby made to said document for full particulars. 54. Hold Harmless Agreement Geological Failure Recording Date: Recording No.: October 13, 1998 1998-0656885, Official Records Reference is hereby made to said document for full particulars. 55. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735566 Ofiicial Records Lot2 56. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: CL TA Preliminary Report Form -Modified ( l l /17 /06) Page 15 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Granted to: Purpose: Recording Date: Recording No: Affects: C EXCEPTIONS (Continued) Carlsbad Municipal Water District public utilities, ingress, egress November 12, 1998 1998-0735569, Official Records Parcel B 57. Common Improvement Maintenance and Maintenance Cost-sharing Agreement Recording Date: December 18, 1998 Recording No.: l 998-0832764 Official Records Reference is hereby made to said document for full particulars. 58. Recitals as shown on that certain map no. 13719 Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU Which among other things recites: This subdivision is a condominium project as defined in section 13151 of the Civil Code of the State of California and is filed pursuant to provisions of the subdivision map act. The project includes a maximum of 161 timeshare units on Lot 2. Reference is hereby made to said document for full particulars. 59. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat: 13719 Purpose: general utilities Affects: lot 2 as shown on said map Purpose: access Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: general utilities Affects: lot 2 as shown on said map Purpose: drainage Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: public utility Affects: lot 2 as shown on said map Purpose: sight distant corridor Affects: lot 2 as shown on said map Map/Plat: 13719 Purpose: loop detection Affects: lot 2 as shown on said map 60. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital CLTA Preliminary Report Form-Modified (11/17/06) Page 16 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 0008 l 720-993-SD2-CFU status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law. Recording Date: Recording No: February 3, 1999 1999-65270, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. An Assignment ofDeclarant's Rights Recording Date: April 29, 1999 Recording No: 1999-288506, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units in Grand Pacific Palisades Resort Recording Date: June 30, 1999 Recording No: I 999-455398, Official Records The provisions of said covenants, conditions and restrictions were extended to include the herein described Land by an instrument Recording Date: Recording No: November 13, 2001 2001-0825055, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated units Recording Date: Recording No: November 13, 2001 2001-0825056, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: September 6, 2002 Recording No: 2002-761781, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: January 9, 2003 Recording No: 2003-027867, Official Records Modification(s) of said covenants, conditions and restrictions Recording Date: June 22, 2004 Recording No: 2004-0578254, Official Records A document entitled: Certificate de-designation was recorded: CLTA Preliminary Report Form-Modified (11/17/06) Page 17 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Recording Date: Recording No: June 22, 2004 EXCEPTIONS (Continued) 2004-0578255, Official Records A document entitled: Certificate de-annexation was recorded: Recording Date: June 22, 2004 Recording No: 2004-0578256, Official Records A Declaration of Modified Annexation was recorded: Recording Date: June 22, 2004 Recording No: 2004-0578257, Official Records Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU A document entitled: Certificate (Declaration) of Designation of Vacation Units in Grand Pacific Palisades Resort Recording Date: June 22, 2004 Recording No: 2004-0578258, Official Records A document entitled: Certificate of Designation was recoded Recording Date: June 28, 2004 Recording No: 2004-604837, Official Records A document entitled: Certificate of Designation was recoded Recording Date: July 19, 2004 Recording No: 2004-671680. Official Records A document entitled: Certificate of Designation was recoded Recording Date: Recording No: September 30, 2004 2004-929974, Official Records A document entitled: Certificate (Declaration) of Designation of heretofore nondesignated Vacation Units in Grand Pacific Palisades Resort Recording Date: May 16, 2005 Recording No: 2005-0408329, Official Records 61. Grand Pacific palisades Resort and Hotel Cost-Sharing Agreement Recording Date: Recording No.: And Amended: Recording Date: Recording No.: Second Amended; Recording Date: February 3. 1999 1999-065271. Official Records June 28, 2004 2004-0604839, Official Records August 16, 2005 CLTA Preliminary Report Form~ Modified ( 11 /I 7 /06) Page 18 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. Chicago Title Company ORDER NO.: 0008 I 720-993-SD2-CFU Recording No.: EXCEPTIONS (Continued) 2005-0701987. Official Records Reference is hereby made to said document for full particulars. 62. Declaration of covenants, conditions and restrictions relating to Hotel Owners Use Rights Recording Date: February 3, 1999 Recording No.: 1999-065272. Official Records Reference is hereby made to said document for full particulars. 63. License Agreement for Use of Garage and Ramps Unit Recording Date: Recording No.: February 3, 1999 1999-065273. Official Records Reference is hereby made to said document for full particulars. 64. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: Recording No: February 18, 2000 2000-084875. Official Records 65. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Lessor: Grand Pacific Palisades, LLC, a California limited liability company, formerly known as Carlsbad Pacific Resort LLC, a California limited liability company Lessee: Pacific Bell Mobile Services, a California corporation Disclosed By: Memorandum of Lease Recording Date: May 9, 2000 Recording No: 2000-0239897. Official Records 66. Hold Harmless Agreement Drainage Recording Date: July 17, 2000 Recording No.: 2000-0374941. Official Records Reference is hereby made to said document for full particulars. 67. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date; Recording No: Memorandum of Lease Grand Pacific Palisades, LLC, a California limited liability company Airtouch Cellular, a California corporation dba Verizon Wireless October 11, 2000 2000-054 7108. Official Records CLTA Preliminary Report Form-Modified (I 1/17/06) Page 19 PRELIMINARY REPORT YOUR REFERENCE: Annada Dr. Chicago Title Company ORDER NO.: 0008 I 720-993-SDZ-CFU EXCEPTIONS (Continued) 68. Memorandum of Agreement Recording Date: Recording No.: October 31, 2003 2003-01323112, Official Records Reference is hereby made to said document for full particulars. 69. Notice of Restriction on Real Property by the city of Carlsbad Recording Date: Recording No.: January 21, 2005 2005-054771, Official Records 70. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose: Recording Date: Recording No: as set forth therein August 16, 2005 2005-070 I 986, Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. MATTERS AFFECTING ALL PARCELS: 71.. DEED OF TRUST given to secure the original amount shown below, and any other amount payable under the terms thereof. Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $ I 2,000,000.00 August 25, 2015 Grand Pacific Palisades Hotel, L.P., a Delaware limited liability company Chicago Title Company First Foundation Bank 30019800 August 28, 2015 2015-0457219 of Official Records 72. Water rights, claims or title to water, whether or not disclosed by the public records. 73. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 74. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. CL TA Preliminary Report Form -Modified (11/17 /06) Page 20 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00081720-993-SD2-CFU PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (I 1/17/06) Pagc2l -PRELIMINARY REPORT ' -..., ,,/ YOUR REFERENCE: Armada Dr. ......, "-dRDER NO.: REQUIREMENTS SECTION Chicago Title Company 0008 l 720-993-SD2-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Name: GRAND PACIFIC PALISADES HOTEL, L.P., a Delaware limited liability partnership a) A complete copy of the limited partnership agreement and any amendments and restatements thereto b) Evidence that the partnership was validly formed, is in good standing and authorized to do business in its state of origin c) If less than all general partners are executing documents, furnish evidence of the signing partner(s) authority, unless authorized in the above-referenced documents. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (l 1/17/06) Page 22 PRELIMINARY REPORT YOUR REFERENCE: Armada Dr. '") Chicago Title Company '-'d'RDER NO.: 0008 l 720-993-SD2-CFU INFORMATIONAL NOTES SECTION I. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Multi (5+) Family Structure properties, known as 5803 & 5805 Armada Drive, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLTA Preliminary Report Form-Modified (l l/17/06) Page 23 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that infonnation. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal information personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, you and others related to our transactions with you. When you visit our passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing information from your Internet browser, and store certain information available to us through your Internet computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to information to provide products and services to you, to improve our our affiliates and/or nonaffiliated parties providing services for you or products and services, and to communicate with you about these us, to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain disclosure or use of from children who are under the age of 13, and our website is not your information or choose to not provide any personal information to intended to attract children. us. Privacy Outside the Website. We are not responsible for the privacy International Users. By providing us with your information, you practices of third parties, even if our website links to those parties' consent to its transfer, processing and storage outside of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02 I 9 (DSI Rev. 3/2/17) Page l Order No. 0008 l 720-993-SD2-CFU ,-,....,_ '--' .....,, FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and arc committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing lnformation collected and/or owned by or on behalf ofFNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of lnfonnation Collected We may collect two types of infonnation from you: Personal Infonnation and Browsing Infonnation. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal infonnation needed from you to provide title insurance, real estate-and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How lnfonnation is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • infonnation from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other infonnation. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When lnfonnation Is Disclosed We may provide your Personal Information ( excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Infonnation and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 Ml SC02 I 9 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00081720-993-SD2-CFU -'-' _, • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety ofFNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes -information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes -information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or usc of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Infonnation with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Infonnation and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been infonned by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont Jaw, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affinn that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Infom1ation outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 M1SC0219 (DSl Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00081720-993-SD2-CFU -~, . I.,,.., . For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third Yarty service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • [P address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00081720-993-SD2-CfU Notice of Available Discounts Pursu.;,t to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-20 I 0 ATTACHMENT ONE 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: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any Lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that arc Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV 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 ofa 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: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $ 5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or buth-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 l l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART I (The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PARTII In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: l. (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 ](a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: l. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV --. --.I ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion docs not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforccability or lack of priority of the 1ien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 1 l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV • l 2 ; t :r I • a, " i • ' -~ ' • I i i I I ! B • • •• • • ••• . ' . ' • I • I • ' " g !h1 • ,, . . ' ' • l .. I . . ••• ~ • ; a n • ! ! ! t • • • • • • ! i : • : • ••• • • •• • • • • • ' . ' • ' ' ' ' • • ' • ~~s;~:~;~;~~ ~ ... e...,;:b..,,'i:: ... ;ic..., n~l!ij!§tni. Cf) %z<IIZ<11ZZzZZ% ..,,._c:,:,:-'">><->::li ZC>"- a' ~~ "' ij 1.: ... ~ll ll~··~ r·§~1 I oiJ.o. _g~§Ji• , • 3J.~ON 130 03SVd ,......_ _, 0 ~ I "' "' I-'-'- 0 rl ~-==~....,==mc.....,.=="-,="•",=,_,==~=,c,.c,...==.....,==~-==••wcK~•=_,,.==c,.=,..=...,,==,c""""==.,~=u=o-===-==•,.=,.....==o .. ~-= .. =1 lfhis map/plat is being fumishe<t as an aid io localing the he,oin dese<ibed La0d in ,olalion to adjoioing ,1,eet,, naMal bo,ndane, and othec land, and is survey of the land depicted. Except to the extent a policy of hlle insurance 1s expressly modified by endorsement if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. -----------------·------------------------------~ Order. Quick.View_ Page 1 of 2 Requested By: , Printed: 11/13/2017 6:36 AM Doc: 211-2 MAP ASSESSOR