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HomeMy WebLinkAboutAMEND 2017-0026; OMNI LA COSTA RESORT BALLROOM EXPANSION; Site Development Plan (SDP)Ccityof 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) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation Ii] Site Development Plan Iii Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits 4?-t)t' ~11-iX'l\ ~VJ' u11--ooofJ D General Plan Amendment D Local Coastal Program Amendment Ii] Master Plan "\ Ii] Amendment lM r o'? 01"1 D Specific Plan D Amendment D Zone Change D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) ... ~n-OO~lp NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ASSESSOR PARCEL NO(S): 216-590-05-00 ---------------------------------- LO CAT 10 N OF PROJECT: 7315 Estrella De Mar Rd, Carlsbad, CA 92009 NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY (STREET ADDRESS) OMNI LA COSTA RESORT & SPA -BALLROOM EXPANSION To add 35,800 sf to the north of the existing ballroom in La Costa Resort & Spa ESTIMATED COMPLETION DATE Development No. 't} ~V f} i O q 'l-Lead Case No. AMW0'2--0l1-001...{rl P-1 Page 1 of 6 Revised 03/17 OWNER NAME (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME <Y\icna:!~ G.fu~ INDIVIDUAL NAME (if applicable): (if applicable): ED STACY COMPANY NAME COMPANY NAME (If applicable): OMNI HOTELS & RESORTS (If applicable): OMNI HOTELS & RESORTS/ CRESTA CONSTRUCT MAILING ADDRESS 4001 MAPLE AVE, SUITE 300 MAILINGADDRESS:4001 MAPLE AVE, SUITE 300 CITY, STATE, ZIP: DALLAS, TX 75219 CITY, STATE, ZIP: DALLAS, TX 75219 TELEPHONE: 214-283-8541 TELEPHONE: 214-283-8541 EMAIL ADDRESS: tnfm1.\h@4v--l: l:xildi0f1•'«1\ EMAIL ADDRESS: ed.stacy@omnihotels.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUc AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR #. p I ;_,,/z-v / I PURPOSES OF ~OON. /1. zz-17 . ~~ SIGNATURE DATE SIGNATURE { -DATEl t \ 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 /cc: mdomingo@hofmanplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY /.tEDGE{k;Xu .,u /4 ,~ -r 2-If -14 11 SIGNATURE {) DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. INVE 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 AN SUCCESSORS IN INTEREST. NER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 DEC 2 8 2017 CITY Of· CAh:LSf.;,L\11 PLANNING DIVISI01\! 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 MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and ddresses of the corporate officers. (A separate page may be attached ·t nei<.ef)SaJlY.) Person e ~ 1 Corp/Part OMNI HOTELS & RESORTS Title , dC'.(D"t.. Title --------------Address 4001 MAPLE AVE, STE 300, DALLAS. rx Address 4001 MAPLE AVE, STE 300, DALLAS, TX 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of & 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 orate officers. (A separate page may be attached if necessary.) Person1 __ ...,...4c::::::!!!1,,,-___ _ Title._--llj~-..__;:.M.,-ii,M,,1----- Address 4001 MAPLE AVE, STE 300, DALLAS, TX Corp/Part OMNI HOTELS & RESORTS1©croc\, G. Title____________ fu,f<l Address4001 MAPLE AVE, STE 300, DALLAS, TX Page 1 of 2 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 ProfiVTrust._______ Non ProfiVTrust. ________ _ Title___________ Title ___________ _ Address _________ _ Address __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ~No If yes. please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowle~e. ~ , . C, A ; ~ -~l, (t-4./---~ - ED STACY Print or type name of applicant BILL HOFMAN Print or type name of owner/applicant's agent P-1(A) Page2 of2 Revt&ed 01/10 ~· ------------ C_cityof Carlsbad PROJECT DESCRIPTION P-1(8) ' '\ Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: OMNI LA COSTA RESORT & SPA -BALLROOM EXPANSION APPLICANT NAME: OMNI HOTELS & RESORTS 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(6) Page 1 of 1 Revised 07/10 ,. C Proposed Project Description La Costa Resort and Spa Ballroom Expansion The proposed project at La Costa Resort & Spa is west of Estrella Del Mar, south of Arenal Road, and located within Planning Area 5 of the La Costa Resort and Spa Master Plan. The proposed project is a 35,800 square foot ballroom expansion. The expansion would be located on the north side of the existing Ballroom and would consist of approximately 14,165 additional square feet. The existing ballroom is approximately 18,000 square feet in size. C Proposed Master Plan Amendment Text La Costa Resort and Spa Master Plan Planning Area 5 -New Section: Ballroom Expansion: A Ballroom Expansion is proposed and entitled via this master plan amendment. The expansion would be located on the north side of the existing Ballroom and would consist of approximately 14,165 additional square feet. The existing ballroom is approximately 18,000 square feet in size. The expansion architecture would match the existing structure. The location of the Ballroom Expansion would displace existing parking spaces located within Planning Area 5 associated with the existing Ballroom. The existing parking spaces in Planning Area total 301 spaces. The Ballroom Expansion would displace 170 spaces. Thus the remaining and re-configured parking spaces available within Planning 5 for the Ballroom Expansion would be 131 spaces. Per the project's Omni La Costa Resort and Spa Ballroom Expansion Parking Study dated December 13, 2017 by Michael Baker International, the parking demand for the Ballroom Expansion is 252 spaces and when combined with the parking required for the existing Ballroom (320 spaces) results in an overall requirement of 572 spaces. The required 572 parking spaces will be provided in three areas: • Planning Area 5 will provide 131 spaces • Planning Area 2 will provide 225 spaces • Planning Area 1 will provide 267 spaces This provides a parking supply of 263 spaces which exceeds the 572 space requirement. Planning Area 2 is the location of future Commercial Dwelling Units per this master plan and is currently used as surface parking with approximately 144 parking spaces. This area would be re- configured for the temporary term of this master plan amendment to provide a total of 225 parking spaces on an unimproved surface area. If and when Planning Area 2 develops the allowable Commercial Dwelling Units then permanent onsite parking supply shall be provided and may involve the development of a parking structure within Planning Area 5 to achieve parking compliance. C Planning Area 1 is the site of existing Resort villa units and the northern parking lot currently accommodates 201 parking spaces. This northern parking lot will be expanded to provide a total of 267 spaces to assist with providing the balance of necessary parking for the Ballroom Expansion. In this manner, the Ballroom Expansion will achieve parking compliance via Planning Area 5 (131 spaces), Planning Area 2 {225 spaces) and Planning Area 1 (267 spaces) for a total supply of 263 spaces to satisfy the requirement of 572 parking spaces. Text to Planning Areas 1 and 2 are incorporated into this master plan amendment that reference the changes to allowed land use and parking to satisfy the Ballroom Expansion project and related parking demand requirement. Planning Area 1-New Section: Ballroom Expansion for Planning Area 5: A Ballroom Expansion is proposed and entitled via this master plan amendment within Planning 5. The existing northern parking lot associated with Resort villas of Planning Area will be expanded from 201 spaces to 267 to assist with parking compliance. See Planning Area 5 text for the Ballroom Expansion. Planning Area 2-New Section: Ballroom Expansion for Planning Area 5: A Ballroom Expansion is proposed and entitled via this master plan amendment within Planning 5. The existing unimproved parking lot currently located on Planning Area 2 will be re-configured without pavement or landscape improvements for the limited term of this master plan amendment to assist with satisfying the Ballroom Expansion parking requirement. Upon the termination of the allowed time period or upon the development of the Commercial Dwelling Units allowed by this master plan for Planning Area 2 the provision of permanent parking supply shall be provided within the master plan and may involve the development of a parking structure within Planning Area 5 to achieve parking compliance. The current parking capacity within Planning Area 2 is 144 spaces and will be re- configured to provide 225 spaces to assist with satisfying the parking requirement for the Ballroom Expansion. See Planning Area 5 text for the Ballroom Expansion. ( City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) , Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the Califomia Environmental Protection Agency and hereby certify that (check one): ~ The development project and any alternatives proposed in this application !!U!!!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application m contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: OMNI RESORTS & HOTELS Address:4001 MAPLE AVE, STE 300 DALLAS, TX Phone Number: 214-283-8541 PROPERTY OWNER N . OMNI RESORTS & HOTELS ame. _________ _ Address: 4001 MAPLE AVE, STE 300 DALLAS, TX Phone Number: 214-283-8541 Address of Site: 7315 ESTRELLA DE MAR RD, CARLSBAD, CA 92009 Local Agency (City and County): CARLSBAD, SAN DIEGO COUNTY Assessor's book, page, and parcel number:_2_1_6_-_5_9_0_-_0_5_-_0_0 ___________ _ Specify list(s): __________________________ _ Regulatory Identification Number: ____________________ _ Date of List: __________________________ _ Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 C ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: / 1... f 2.<r fl 'J (To be completed by City) Application Number(s): AM-G.Nt> ~0,1 -oo l.6" ;, DP Joi'> ""o'>l\ General Information 1_ Name of project: OMNI LA COSTA RESORT & SPA-BALLROOM EXPANSION 2. Nameofdeveloperorprojectsponsor: OMNI HOTELS & RESORTS Address: 4001 MAPLE AVE, SUITE 300 City, State, Zip Code: DALLAS, TX 75219 Phone Number: 214-283-8541 3. Name of person to be contacted concerning this project: _E_D_S_T_A_C_Y ______ _ Address: 4001 MAPLE AVE, SUITE 300 City, State, Zip Code: DALLAS, TX 75219 Phone Number: 214-283-8541 4. Address of Project: 7315 ESTRELLA DE MAR RD, CARLSBAD, CA 92009 Assessor's Parcel Number: 216-590-05-00 -------------------- 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: _V_C _____________ _ 7. Existing zoning district: _P_-_c ___________________ _ 8. Existing land use(s): _H_O_T_E_U_R_E_S_O_R_T _____________ _ 9. Proposed use of site (Project for which this form is filed): HOTEURESORT Project Description 10. Site size: _3_._0_3 _______________________ _ 11. Proposed Building square footage: _3_5_,B_0_0_s_f ______________ _ 12: Number of floors of construction: _1 _________________ _ 13. Amount of off-street parking provided: _2_8_7 _______________ _ 14. Associated projects: PRE 2017-0030 (DEV02092) P-1(0) Page 2of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: 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 /1 O ,, C Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial □ Ii] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ Ix] roads. 22. Change in pattern, scale or character of general area of project. □ @ 23. Significant amounts of solid waste or litter. □ I[] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ ti] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ lu alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ IXI 27. Site on filled land or on slope of 1 O percent or more. □ [&I 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ IX] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ Ix] etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ I&] 31. Relationship to a larger project or series of projects. Ix] □ Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date rf ,Jn Signature: ~F & For: P-1(0) Page 4 of4 Revised 07/10 Ccicyof Carlsbad C 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 all requirements are necessary for your particular application) please call (760) 602-4610. Q Ap~icant Signature: ,A"~~ ~CtgC' ?I?;, Staff Signature: ~ Date: I 21'-' / 11 To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 (_ City of Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your 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 concurrently. PROJECT INFORMATION PROJECT NAME: Omni La Costa Ballroom Addition PROJECT ID: ADDRESS: 7315 Estrella De Mar Road, Carlsbad, CA 92009 APN : 216-590-05 The project is (check one): D New Development 0 Redevelopment The total proposed disturbed area is: 88,240 ft2 ( 2.0 ) acres The total proposed newly created and/or replaced impervious area is: 58,520 ft2 ( 1 .3 ) 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 city. E-34 Page 1 of 4 REV 02/1 6 STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 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 "no" to the above question, the project is a 'development project', go to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the 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 other non- erodible permeable areas; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; 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 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? □ ~ 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 of 4 REV 02/16 STEP3 ;.,:·•; TO 8Eco,.IP.L£1'8> FOR ALL NEWOR.ftEDEVELOPMENT ~ .. 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, □ lt2I and public development projects 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 lt2I □ more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is 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 □ 0 development project includes development on any natural slope that is twenty-five percent or greater. 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 0 □ 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 □ 0 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ 0 shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ 0 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 per day. 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land 0 □ 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 □ 0 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 statinq "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 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)= 7o,72o sq. ft. □ ~ Total proposed newly created or replaced impervious area (B) = 58,520 sq. ft. Percent impervious area created or replaced (B/A)*100 = 83 % If you answered "yes", the structural BMPs 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 0 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. 0 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. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name: David Wiener Applicant Title: Civil Engineer Applicant Signature: I_~ fA_j Date: 11/27/2017 .. • Environmentally Sens1t1ve Areas include but are not hm1ted to all 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. Th. B fi C"t U O I IS ox or IY se mv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 • @Chicago Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by Chicago Title Insurance Company NOTICE IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within 180 Days after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned: By:~ Authorized Signature • Randy OlMril Ptes,dent Altost This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AME.RICAN LAND TITlf --------~------. ------ • u 0 Order No. 00082752-994-L T2-KD COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) 'Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I-Requirements; (f) Schedule B, Part II-Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to: (i) comply with the Schedule B, Part I-Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN lANO TITLE >.~\(JC IA1 IO's C Order No. 00082752-994-L T2-KD (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed lnsured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at < http://www.al ta. orq/arbitration>. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165B Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 AMERICAN lAND nru ,\~\OC IAl ION C 0 Order No. 00082752-994-L T2-KD Transaction Identification Data for reference only: Issuing Agent: Chicago Title Company Issuing Office: 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 AL TA® Universal ID: Loan ID Number: Commitment Number: Issuing Office File Number: 00082752-994-L T2-KD Property Address: Costa Del Mar Road, Carlsbad, CA Revision Number: SCHEDULE A AMERICAN LAND TITLE ASSOCIATION COMMITMENT 1. Commitment Date: November 30, 2017 2. Policy to be issued: (a) TBD Proposed Insured: TBD Proposed Policy Amount: $0.00 (b) TBD Proposed Insured: TBD Proposed Policy Amount: $0.00 (c) None Proposed Insured: Proposed Policy Amount: $0.00 3. The estate or interest in the Land described or referred to in this Commitment is: A Fee as to Parcels 1, 7, 8, Lots 22, 23 and 24 of Parcel 11A, Parcel 14, Parcels A-1 and B-1 of Parcel 20, Parcels 21, 22, 23, 24 and 25; An Easement more fully described below as to Parcels 3 through 6 inclusive, 11B, 11B2, 16, 17, 18 19 and Parcels A-2 and B-2 of Parcel 20; A Leasehold as created by that certain Lease dated March 15, 2010, executed by W2007 La Costa I, LLC, a Delaware limited liability company, as Lessor, and Fillmore LC Investment, LLC, a Delaware limited liability company, as Lessee, as referenced in Paragraph A in the document entitled "Memorandum of Leases", which was recorded March 15, 2010, as Instrument No. 2010- 0125500 of Official Records for the term and upon and subject to all of the provisions contained in said document, and in said Lease, as to Parcel 9, Lots 10, 11, 12 and 16 of Parcel 11A, Parcel 12B and Parcel 12C. A Condominium as defined in Section783 of the California Civil Code, in fee, as to Parcels 10A and 10B; An easement as more fully described below as to Parcels 10C, 10D, Parcels 16 and 17; This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LAND Tll L~ ,\\\OCIAflON C Order No. 00082752-994-L T2-KD SCHEDULE A (Continued) A Condominium as defined in Section783 of the California Civil Code, in fee, as to Parcels 1 and 2 of Parcel 12A; An easement as more fully described below as to Parcels 3, 4 and 5 of Parcel 12A. 4. Title to the said estate or interest in the Land is at the Commitment Date vested in: LC CU, LLC, a Delaware limited liability company, as to Parcels 10A, 10B, 16 and 17; LC Investment 2010, LLC, a Delaware limited liability company, as to Parcels 21, 22, 23, 24 and 25; LC Investment 2010, Inc., a Delaware corporation, successor by conversion to Fillmore LC Investment, LLC, a Delaware limited liability company, as to the remainder 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof. Countersigned: ~ By: __ __._ ____ _ Authorized Signature • By Attest This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND fl[lF .\5\0LIAIHJN C 0 Order No. 00082752-994-L T2-KD EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PARCEL A OF PARCEL 1: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-08, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070024, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008- 0252174 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 55 OF LA COSTA VALLEY UNIT NO. 1, IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 5434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY JULY 29, 1964, DISTANT THEREON NORTH 8° 52' 40" EAST (RECORD NORTH 8° 54' 07'' EAST PER SAID MAP NO. 5434) 39.33 FEET FROM THE SOUTHEASTERLY CORNER THEREOF; THENCE ALONG THE EASTERLY LINES OF SAID LOT 55 AND LOT 56 OF SAID MAP NO. 5434 SOUTH 8° 52' 40" WEST (RECORD SOUTH 8° 54' 07" WEST PER SAID MAP NO. 5434) 160.93 FEET TO THE NORTHEAST CORNER OF LOT 57 OF SAID MAP NO. 5434; THENCE ALONG THE EASTERLY LINE OF SAID LOT 57 SOUTH 20° 29' 23" WEST (RECORD SOUTH 20° 30' 50" WEST PER SAID MAP NO. 5434) 186.99 FEET; THENCE SOUTH 77° 29' 05" EAST 66.04 FEET (RECORD SOUTH 77° 23' 07" EAST 65.76 FEET PER SAID MAP NO. 5434); THENCE NORTH 70° 40' 31" EAST 7.11 FEET (RECORD NORTH 68° 55' 29" EAST 7.21 FEET PER SAID MAP NO. 5434); THENCE LEAVING SAID BOUNDARY NORTH 20° 02' 19" EAST 39.48 FEET; THENCE NORTH 24° 53' 35" EAST 137.79 FEET TO A POINT THAT BEARS SOUTH 72° 02' 15" EAST 81.21 FEET FROM SAID NORTHEAST CORNER OF LOT 57; THENCE NORTH 21° 13' 10" EAST 47.44 FEET; THENCE NORTH 8° 54' 07" EAST 127.35 FEET; THENCE NORTH 81 ° 05' 01" WEST 90.38 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 0700028, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252179 OF OFFICIAL RECORDS. APN'S: 216-593-05, 216-592-01, 216-592-04 & 216-590-16 PARCEL B OF PARCEL 1: LOT 8 OF CARLSBAD TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MARCH 18, 2005, TOGETHER WITH THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-22, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070077, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008-0252228 OF OFFICIAL RECORDS, BEING A PORTION OF LOT 25 OF SAID MAP NO. 14984, DESCRIBED AS FOLLOWS: This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 AMERICAN LAND TITLF .\\\O(!AIION C Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 8 SOUTH 50° 13' 45" WEST 81.87 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 39° 33' 49" WEST 78.95 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 61.00 FEET; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74° 33' 42" A DISTANCE OF 79.38 FEET; THENCE NORTH 34° 59' 52" EAST 91.44 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 198.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 43' 50" A DISTANCE OF 68.18 FEET; THENCE NORTH 54° 43' 42" EAST 11.58 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 85.15 FEET TO WHICH A RADIAL LINE BEARS NORTH 35° 16' 18" WEST; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 94° 27' 00" A DISTANCE OF 140.37 FEET (RECORD 140.36 FEET PER SAID MAP NO. 14984); THENCE SOUTH 39° 43' 18" EAST 5.93 FEET (RECORD 5.91 FEET PER. SAID MAP NO. 14984) TO THE BEGINNING OF A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 31' 27" A DISTANCE OF 37.32 FEET (RECORD 85° 31' 17", 37.31 FEET PER SAID MAP NO. 14984) TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 372.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32° 35' 52" A DISTANCE OF 211.65 FEET (RECORD 32° 30' 11", 211.02 FEET PER SAID MAP NO. 14984) TO A POINT ON THE BOUNDARY OF LOT 1 OF SAID MAP NO. 14984; THENCE ON A NON-TANGENT BEARING ALONG SAID BOUNDARY SOUTH 51 ° 57' 41" WEST 114.61 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 320.00 FEET TO WHICH A RADIAL LINE BEARS NORTH 19° 42' 57'' WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 03' 18" A DISTANCE OF 112.01 FEET; THENCE SOUTH 50° 13' 45" WEST 32.78 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AS PARCEL D OF LOT LINE ADJUSTMENT PLAT NO. 07-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070019, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252234 OF OFFICIAL RECORDS. APN: 216-590-20 PARCEL C OF PARCEL 1: LOTS 2 THROUGH 6 INCLUSIVE, LOTS, 17, 18, 20, 21 AND 28, OF TRACT NO. 03-01-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 14984, ON MARCH 18, 2005; AND LOT 37 OF TRACT 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, AS MAP NO. 15108, ON SEPTEMBER 19, 2005. ASSESSOR PARCEL NUMBERS: 216-590-01, 216-590-02, 216-590-03, 216-590-04, 216-590-05, 216-590-08, 216-590-09, 216-590-11, 216-590-12, 216-610-09, 213-111-15, 213-111-20, 213-112-31 & 213-112-32 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 AMFRICAN L,\c'J[l TllH AS.,OC!AflO'J 0 0 Order No. 00082752-994-L T2-KD PARCEL 2: INTENTIONALLY DELETED. PARCEL 3: EXHIBIT A (Continued) A NON-EXCLUSIVE EASEMENT FOR PASSAGE, DRAINAGE AND MAINTENANCE OVER, UNDER, THROUGH AND ACROSS THAT PORTION OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS RESERVED IN "PARTNERSHIP GRANT DEED" RECORDED JULY 1, 1986, AS INSTRUMENT NO. 86-271802 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 148; THENCE ALONG THE EASTERLY BOUNDARY LINE SOUTH 00° 45' 02" WEST 117.00 FEET; THENCE SOUTH 23° 31' 24" EAST 128.23 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY BOUNDARY LINE NORTH 61° 43' 48" WEST 179.00 FEET; THENCE NORTH 53° 33' 40" WEST 32.70 FEET; THENCE LEAVING SAID BOUNDARY LINE SOUTH 73° 38' 58" EAST 66.82 FEET; THENCE NORTH 82° 13' 17" EAST 14.61 FEET; THENCE NORTH 77° 45' 55" EAST 9.85 FEET; THENCE NORTH 42° 28' 37" EAST 9.77 FEET; THENCE NORTH 01° 10' 59" EAST 15.06 FEET; THENCE NORTH 18° 00' 34" WEST 97.43 FEET; THENCE DUE NORTH 28.84 FEET TO A POINT ON A NON-TANGENT 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID POINT ALSO BEING ON THE NORTHERLY BOUNDARY LINE OF SAID LOT, A RADIAL LINE TO SAID POINT BEARS NORTH 01 ° 49' 36" EAST; THENCE ALONG SAID NORTHERLY BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 12' 41" A DISTANCE OF 18.12 FEET TO A POINT OF COMPOUND CURVATURE OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE CONTINUING ALONG SAID BOUNDARY LINE AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 05' 43" A DISTANCE OF 34.70 FEET TO THE POINT OF BEGINNING. PARCEL 4: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF LOT 9 IN SECTION 35, TOWNSHIP 15 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO "REVOCABLE LICENSE AGREEMENT" RECORDED NOVEMBER 14, 1986, AS INSTRUMENT NO. 86-523844 OF OFFICIAL RECORDS, AS AMENDED BY "FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT" RECORDED NOVEMBER 20, 1987, AS INSTRUMENT NO. 87-651067 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A DEED TO LEUCADIA COUNTY WATER DISTRICT, RECORDED AUGUST 11, 1961 AS DOCUMENT NO. 138155 OFFICIAL RECORDS; THENCE ALONG THE SOUTH BOUNDARY LINE AS DESCRIBED IN SAID DEED, NORTH 89° 25' 44" WEST (SOUTH 89° 50' WEST PER DEED) 75.08 FEET; THENCE LEAVING SAID SOUTH BOUNDARY LINE NORTH 55° 00' 00" EAST 92.30 FEET TO A POINT ON THE EAST BOUNDARY LINE AS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 AMfRICAN UNO fl Tit C Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) DESCRIBED IN SAID DEED; THENCE ALONG SAID EAST BOUNDARY LINE SOUTH 00° 34' 16" WEST (SOUTH 00° 09' 10" EAST PER DEED) 53.69 FEET TO THE POINT OF BEGINNING. PARCEL 5: A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND PEDESTRIAN AND VEHICULAR ACCESS OVER AND THROUGH THAT PORTION OF PARCEL 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED MAY 4, 1987 AS DOCUMENT NO. 87-242042 OFFICIAL RECORDS, PURSUANT TO "GRANT OF EASEMENT" RECORDED NOVEMBER 20, 1987, AS INSTRUMENT NO. 87-651062 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY BOUNDARY LINE OF SAID PARCEL 1 WITH THE NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE; THENCE ALONG SAID EASTERLY BOUNDARY LINE NORTH 00° 34' 16" EAST 16.32 FEET TO THE NORTHERLY BOUNDARY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY BOUNDARY LINE NORTH 89° 53' 59" WEST 85.00 FEET; THENCE SOUTH 00° 06' 01" WEST 99.92 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF LA COSTA AVENUE, ALSO BEING A POINT ON THE ARC OF A NON-TANGENT 458.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL TO SAID POINT BEARS SOUTH 36° 59' 52" EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 56' 44" A DISTANCE OF 119.47 FEET TO THE POINT OF BEGINNING. PARCEL 6: AN EASEMENT FOR A GOLF CART UNDERCROSSING STRUCTURE BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING A PORTION OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, PURSUANT TO "UNDERGROUND ENCROACHMENT AGREEMENT" RECORDED NOVEMBER 6, 1987, AS INSTRUMENT NO. 87-627015 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING 15.00 FEET WIDE, LYING 7.50 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHEAST CORNER OF LOT 148 OF LA COSTA VALLEY UNIT NO. 4, ACCORDING TO MAP THEREOF NO. 5781 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SAID POINT BEING ON THE ARC OF A 949.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 40° 08' 00" EAST, SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF ALGA ROAD AS SHOWN ON SAID MAP; THENCE WESTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT OF WAY LINE THROUGH A CENTRAL ANGLE OF 02° 05' 43" A DISTANCE OF 34.70 FEET TO A POINT OF COMPOUND CURVATURE OF A 4910.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 02° 02' 17" EAST; THENCE WESTERLY ALONG THE ARC OF SAID 4,910.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 00° 04' 33", A DISTANCE OF 6.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE NORTH 02° 59' 38" WEST 102.85 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ALGA ROAD BEING A POINT ON THE ARC OF A 1,051.00 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND flTH A~'iOCUrlO~ 0 0 Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 01° 11' 04" WEST, SAID POINT BEING THE POINT OF TERMINATION. THE EASTERLY SIDELINE OF SAID EASEMENT SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 949.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. THE WESTERLY SIDELINE SHALL BE LENGTHENED OR SHORTENED TO BEGIN ON SAID 4,910.00 FOOT RADIUS CURVE AND SHALL TERMINATE ON SAID NORTHERLY RIGHT OF WAY LINE. PARCEL 7: PARCEL A, AS SHOWN ON EXHIBIT "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 2005, AS INSTRUMENT NO. 2005-0818754, OF OFFICIAL RECORDS. ASSESSOR PARCEL NUMBER: 216-591-21 PARCEL 8: PARCEL C, AS SHOWN ON EXHIBIT "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-818756, OF OFFICIAL RECORDS. ASSESSOR PARCEL NUMBER: 216-591-15 PARCEL 9: PARCEL D, AS SHOWN ON EXHIBIT "B" OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-0818757, OF OFFICIAL RECORDS. ASSESSOR PARCEL NUMBER: 216-591-23 PARCEL 10: PARCEL 10A: THAT PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-0818755, OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, DESCRIBED AS FOLLOWS: UNITS CU1 TO CU10 INCLUSIVE, AS DEFINED ON THE CONDOMINIUM PLAN FOR LA COSTA RESORT VILLAS I RECORDED OCTOBER 31, 2005, AS INSTRUMENT NO. 2005-0941924, OF OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF SAID COUNTY. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 10 AMfRICAN LAND rt HI: A\,OU,\flll"-1 C Order No. 00082752-994-L T2-KD PARCEL 10B: EXHIBIT A (Continued) AN UNDIVIDED 10131ST PERCENT INTEREST IN AND TO THAT PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005- 0818755, OF OFFICIAL RECORDS IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN FOR LA COSTA RESORT VILLAS I RECORDED ON OCTOBER 31, 2005 AS INSTRUMENT NO. 2005-0941924, OF OFFICIAL RECORDS IN THE OFFICIAL RECORDS OF SAID COUNTY. ASSESSOR PARCEL NUMBERS: 216-591-22-22, 216-591-22-23, 216-591-22-24, 216-591-22-25, 216-591-22- 26, 216-591-22-27, 216-591-22-28, 216-591-22-29, 216-591-22-30, 216-591-22-31 PARCEL 10C: NON-EXCLUSIVE EASEMENTS APPURTENANT TO THE REAL PROPERTY DESCRIBED IN PARCEL 1 ABOVE AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR THE LA COSTA RESORT VILLAS I RECORDED ON NOVEMBER 22, 2005 AS INSTRUMENT NO. 2005-01010040, OF OFFICIAL RECORDS OF SAID COUNTY (THE "EASEMENT DECLARATION") FOR INGRESS, EGRESS, PARKING, SUPPORT, SETTLEMENT, USE AND ENJOYMENT OVER REAL PROPERTY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCEL A OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-0818754, OF OFFICIAL RECORDS , PARCEL C OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-0818756 AND PARCEL D OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED SEPTEMBER 22, 2005 AS INSTRUMENT NO. 2005-0818757, OF OFFICIAL RECORDS, AS DESCRIBED IN THE EASEMENT DECLARATION. PARCEL 10D: NON-EXCLUSIVE EASEMENTS APPURTENANT TO THE REAL PROPERTY DESCRIBED IN PARCEL 1 ABOVE AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION, GRANT AND RESERVATION OF MAIN ROAD EASEMENT RIGHTS RECORDED ON DECEMBER 9, 2005 AS INSTRUMENT NO. 2005-1058885, OF OFFICIAL RECORDS OF SAID COUNTY OF INGRESS, EGRESS AND ACCESS OVER THE REAL PROPERTY DESCRIBED AS FOLLOWS: LOTS 22, 23 AND 24 OF CARLSBAD TRACT NO. 03-01-01 ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON MARCH 18, 2005 (COLLECTIVELY, THE "MAIN ROAD LOTS"); MAP FILED MARCH 18, 2005 AS MAP NO. 14984. ASSESSOR PARCEL NUMBERS: 216-591-22-22, 216-591-22-23, 216-591-22-24, 216-591-22-25, 216-591-22- 26, 216-591-22-27, 216-591-22-28, 216-591-22-29, 216-591-22-30, 216-591-22-31 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND TITI l C 0 Order No. 00082752-994-L T2-KD PARCEL 16: EXHIBIT A (Continued) EASEMENTS AND RIGHTS FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATION AUTOMOBILES AND TRUCKS), PEDESTRIANS, GOLF CARTS, GOLF COURSE MAINTENANCE VEHICLES, AND OTHER RELATED GOLF COURSE EQUIPMENT AND ALSO OTHER VARIOUS PURPOSES. AS SET OUT IN: A DOCUMENT ENTITLED "GRANT OF EASEMENT AND OBLIGATION TO CONVEY", DATED, FEBRUARY 26, 2006, EXECUTED BY AND BETWEEN LA COSTA RESORT 75, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND KSL LA COSTA I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED FEBRUARY 21, 2006 AS INSTRUMENT NO. 2006-0120296, OF OFFICIAL RECORDS, AS AMENDED A DOCUMENT ENTITLED "FIRST AMENDMENT TO GRANT OF EASEMENT AND OBLIGATION TO CONVEY", RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-659234, OF OFFICIAL RECORDS TOGETHER WITH THOSE CERTAIN EASEMENTS, AS SET FORTH IN PARAGRAPH C OF THAT CERTAIN GRANT DEED RECORDED FEBRUARY 21, 2006 AS INSTRUMENT NO. 2006-0120295 OF OFFICIAL RECORDS, AS AMENDED BY AN INSTRUMENT RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO 2006-0659233 OF OFFICIAL RECORDS. OVER THE FOLLOWING DESCRIBED LAND: THAT PARCEL SET OUT IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094980, OF OFFICIAL RECORDS. (216-590-19) PARCEL 17: EASEMENTS AND RIGHTS FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATIONS AUTOMOBILES AND TRUCKS), PEDESTRIANS, GOLF CARTS, GOLF COURSES MAINTENANCE VEHICLES, AND OTHER RELATED GOLF COURSE EQUIPMENT AND ALSO OTHER VARIOUS PURPOSES. AS SET OUT IN: A DOCUMENT ENTITLED "GRANT OF EASEMENT AND OBLIGATION TO CONVEY", DATED, SEPTEMBER 15, 2006, EXECUTED BY AND BETWEEN, ARENAL ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND KSL LA COSTA I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-0659221, OF OFFICIAL RECORDS AND AS SET FORTH IN PARAGRAPH C OF THAT CERTAIN GRANT DEED RECORDED SEPTEMBER 15, 2006 AS FILE NO. 659219 OF OFFICIAL RECORDS, OVER THE FOLLOWING DESCRIBED LAND: THAT PARCEL SET OUT IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094979, OF OFFICIAL RECORDS. (216-590-18) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 12 AMERICAN LAND TITH A)\OClATll>N C Order No. 00082752-994-L T2-KD PARCEL 11A: EXHIBIT A (Continued) LOTS 10, 11, 12 AND 16 AND 22, 23 AND 24 OF CARLSBAD TRACT NO. 03-01-01, IN THE CITY OF CARLSBAD, FILED AS MAP NO. 14984, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. ASSESSOR PARCEL NUMBERS: 216-591-02, 216-591-03, 216-591-04, 216-591-08, 216-591-09, 216-590-13 AND 216-590-14 PARCEL 11B: A NON-EXCLUSIVE EASEMENT FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATION, AUTOMOBILES AND TRUCKS), GOLF CARTS, GOLF COURSE MAINTENANCE VEHICLES AND OTHER RELATED GOLF COURSE EQUIPMENT AND PEDESTRIANS OVER, ACROSS AND THROUGH THAT PORTION OF PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070016, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008-0252231 OF OFFICIAL RECORDS, DESCRIBED IN EXHIBIT B OF AND PURSUANT TO GRANT OF ACCESS EASEMENT RECORDED March 15, 2010, AS DOCUMENT NO. 2010-0125501, AND RE-RECORDED APRIL 20, 2010, AS DOCUMENT NO. 2010-0194124, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. SAID EASEMENT IS APPURTENANT TO PARCELS A AND B OF PARCEL 1 ABOVE. PARCEL 11 B2: AN EASEMENT FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATION, AUTOMOBILES AND TRUCKS), GOLF CARTS, GOLF COURSE MAINTENANCE VEHICHLES AND OTHER RELATED GOLF COURSE EQIUPMENT AND PEDESTRIANS OVER, ACROSS AND THROUGH PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. 07-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070043, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 9, 2008 AS DOCUMENT NO. 2008-0252193 OF OFFICIAL RECORDS, PURSUANT TO GRANT OF ACCESS EASEMENT RECORDED MARCH 15, 2010, AS DOCUMENT NO. 2010-0125502, AND RE-RECORDED APRIL 20, 2010, AS DOCUMENT NO. 2010-0194125, OF OFFICIAL RECORDS OF SAN DIEGO COUNTY. SAID EASEMENT IS APPURTENANT TO PARCEL A OF PARCEL 1 ABOVE. PARCEL 12A: PARCEL 1: AN UNDIVIDED 20/38 INTEREST, AS SHOWN ON THE CONDOMINIUM PLAN RECORDED APRIL 3, 2006 AS INSTRUMENT NO. 2006-0225295 , OF OFFICIAL RECORDS AFFECTING LOTS 29 AND 30 OF CARLSBAD TRACT NO. 03-01-02 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AM FR I CAN Li\.NO llrl~ AS\OLIArlL>~ C 0 Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) FILED AS MAP NO. 15108, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY ("CONDOMINIUM PLAN"). PARCEL 2: UNITS CU1 THROUGH CU20, INCLUSIVE, AS SHOWN AND DEFINED ON THE CONDOMINIUM PLAN DESCRIBED ABOVE. PARCEL 3: NON-EXCLUSIVE APPURTENANT EASEMENTS IN AND TO THE ASSOCIATION PROPERTY FOR THE USE OF THE ASSOCIATION PROPERTY PURSUANT TO THE TERMS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE LA COSTA RESORT VILLAS 11, RECORDED JULY 25, 2006 AS INSTRUMENT NO. 2006-0521704, OF OFFICIAL RECORDS, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR THE LA COSTA RESORT VILLAS 11, RECORDED NOVEMBER 27, 2007, AS INSTRUMENT NO. 2007-0737756 OF OFFICIAL RECORDS ("DECLARATION"), SUBJECT TO ANY EXCLUSIVE USE EASEMENTS, AS WELL AS ANY OTHER RESERVATIONS, AS SET FORTH IN THE ABOVE-REFERENCED DECLARATION. PARCEL 4: A NON-EXCLUSIVE EASEMENT IN COMMON WITH OTHER MEMBERS OF THE ASSOCIATION FOR INGRESS, EGRESS, USE AND ENJOYMENT OF, IN, AND TO THE COMMON PROPERTY EXCEPT FOR THE EXCLUSIVE COMMON AREAS, THE EXCLUSIVE PARKING AREA AND THE EXCLUSIVE USE AREA, ALL AS SET FORTH IN THE ABOVE REFERENCED DECLARATION. SUCH EASEMENTS ARE APPURTENANT TO AND PASSES WITH TITLE TO EVERY CONDOMINIUM IN THE PROJECT. PARCEL 5: NON-EXCLUSIVE EASEMENTS AS SET FORTH IN THE DOCUMENT ENTITLED "DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR THE LA COSTA RESORT VILLAS 11," RECORDED JULY 25, 2006 AS INSTRUMENT NO. 2006-0521705, OF OFFICIAL RECORDS, AS SUPPLEMENTED BY A SUPPLEMENTARY DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR THE LA COSTA RESORT VILLAS II RECORDED SEPTEMBER 4, 2007 AS INSTRUMENT NO. 2007-0582278 OF OFFICIAL RECORDS (THE "EASEMENT DECLARATION"), WHERE REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. ASSESSOR PARCEL NUMBERS: 216-610-01-11, 216-610-01-12, 216-610-01-13, 216-610-01-14, 216-610-01- 15, 216-610-01-16, 216-610-01-17, 216-610-01-18, 216-610-01-19, 216-610-01-20, 216-610-02-09, 216-610-02- 10, 216-610-02-11, 216-610-02-12, 216-610-02-13, 216-610-02-14, 216-610-02-15, 216-610-02-16, 216-610-02- 17, AND 216-610-02-18 This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANO TIT! l ,\,~\OCl-'rlON C Order No. 00082752-994-L T2-KD PARCEL 12B: APN 216-610-04, 05, 06, 07, 08 EXHIBIT A (Continued) LOTS 32 THROUGH 36, INCLUSIVE OF CARLSBAD TRACT NO, 03-01-02, IN THE CITY OF CARLSBAD, AS SHOWN BY MAP ON FILE IN BOOK 15108, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 12B 1: NON-EXCLUSIVE EASEMENTS AND RIGHTS FOR PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS OVER, ACROSS AND THROUGH LOT(S) 22 AND 23 OF CARLSBAD TRACT NO. 03-01-01, IN THE CITY OF CARLSBAD, AS SHOWN BY MAP ON FILE IN BOOK 14984 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, PARCEL 12C: PARCEL 12C1: APN'S: 216-610-03-43 THROUGH 59 THAT PORTION OF LOT 31 OF CARLSBAD TRACT MAP NO. 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 15108, ON SEPTEMBER 19, 2005, AND AMENDED BY CERTIFICATE OF CORRECTION ON AUGUST 31, 2007 AS INSTRUMENT NO. 2007-0579692 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: COMMERCIAL UNITS CU-21 THROUGH CU-37, INCLUSIVE, AS DEFINED ON THE CONDOMINIUM PLAN FOR LA COSTA RESORT VILLAS RECORDED SEPTEMBER 4, 2007 AS INSTRUMENT NO. 2007-0582276 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL 12C2: AN UNDIVIDED 17159TH INTEREST IN AND TO THAT PORTION OF LOT 31 OF CARLSBAD TRACT MAP NO. 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 15108, ON SEPTEMBER 19, 2005 AND AMENDED BY CERTIFICATE OF CORRECTION AUGUST 31, 2007 AS INSTRUMENT NO. 2007-0579692 OF OFFICIAL RECORDS, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN FOR LA COSTA RESORT VILLAS 11, RECORDED ON SEPTEMBER 4, 2007 AS INSTRUMENT NO. 2007-0582276 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, STATE OF CALIFORNIA. RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FRO THE LA COSTA RESORT VILLAS II, RECORDED JULY 25, 2006 AS INSTRUMENT NO. 2006-521704 OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO. RESERVING THEREFROM RIGHTS TO ASSIGN AS "EXCLUSIVE USE COMMON AREA" (AS DEFINED IN SECTION 1351(1) OF THE CALIFORNIA CIVIL CODE, ALL OF THOSE PORTIONS THEREOF SHOWN AND DEFINED ON SAID CONDOMINIUM PLAN. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 15 _AMERICAN LA'-1D flTU: A~\OCl~flllN C 0 Order No. 00082752-994-L T2-KD PARCEL 12C3: EXHIBIT A (Continued) AN EXCLUSIVE USE COMMON AREA (AS DEFINED IN SECTION 1351 (1) OF THE CALIFORNIA CIVIL CODE) APPURTENANT TO PARCEL 1 ABOVE, IN AND TO RESIDENTIAL UNITS 1 THROUGH 24, INCLUSIVE AND 26 THROUGH 60, INCLUSIVE AND COMMERCIAL UNITS CU-21 THROUGH CU-37, INCLUSIVE AS SHOWN AND DEFINED ON SAID CONDOMINIUM PLAN. PARCEL 12C4: NON-EXCLUSIVE EASEMENTS APPURTENANT TO THE REAL PROPERTY DESCRIBED IN PARCEL D1 ABOVE AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR THE LA COSTA RESORT VILLAS II RECORDED ON JULY 25, 2006, INSTRUMENT NO. 2006-0521705, AND SUPPLEMENTARY DECLARATION OF ESTABLISHMENT OF EASEMENTS FOR THE LA COSTA RESORT VILLAS II RECORDED ON SEPTEMBER 4, 2007, INSTRUMENT NO. 2007-0582278, OF OFFICIAL RECORDS OF SAID COUNTY (THE "EASEMENT DECLARATION") FOR INGRESS, EGRESS, PARKING, SUPPORT, SETTLEMENT, USE AND ENJOYMENT OVER REAL PROPERTY DESCRIBED AS FOLLOWS; LOTS 32 THROUGH 35, INCLUSIVE, OF CARLSBAD TRACT MAP NO. 03-01-02, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER AS MAP NO. 15108 ON SEPTEMBER 19, 2005, AS DESCRIBED IN THE EASEMENT DECLARATION. PARCEL 12C5: NON-EXCLUSIVE EASEMENTS APPURTENANT TO THE REAL PROPERTY DESCRIBED IN PARCEL 1 ABOVE, AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION, GRANT AND RESERVATION OF MAIN ROAD EASEMENT RIGHTS RECORDED ON DECEMBER 9, 2005 AS INSTRUMENT NO. 2005-1058885 AND SUPPLEMENTARY DECLARATION GRANT AND RESERVATION OF MAIN ROAD EASEMENT RIGHTS RECORDED ON AUGUST 18, 2006 AS INSTRUMENT NO. 2006-0589476 OF OFFICIAL RECORDS AND THE SUPPLEMENTARY, DECLARATION, GRANT AND RESERVATION OF MAIN ROAD EASEMENT RIGHTS RECORDED ON SEPTEMBER 4, 2007 AS INSTRUMENT NO. 2007-0582280, ALL OF OFFICIAL RECORDS OF SAID COUNTY FOR INGRESS, EGRESS AND ACCESS OVER THE REAL PROPERTY DESCRIBED AS FOLLOWS: LOTS 22, 23 AND 24 OF CARLSBAD TRACT MAP NO. 03-01-01, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 18, 2005. PARCEL 13: INTENTIONALLY DELETED This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 16 AMER.I CAN LANO TIT!~ AS\OCIArll)N C Order No. 00082752-994-L T2-KD PARCEL 14: (FEE) EXHIBIT A (Continued) ALL OF COSTA DEL MAR ROAD, AS SHOWN AND DELINEATED ON THE MAP OF LA COSTA CONDOMINIUM NO. 3 ACCORDING TO THE MAP THEREOF NO. 6129, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 18, 1968 AND ALSO BEING SHOWN AND DELINEATED ON MAP OF LA COSTA CONDOMINIUM NO. 4, ACCORDING TO MAP THEREOF NO. 6520 FILED IN THE OFFICE OF THE COUNTY RECORDER, OCTOBER 21, 1969. PARCEL 15: INTENTIONALLY DELETED PARCEL 16: EASEMENTS AND RIGHTS FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATION AUTOMOBILES AND TRUCKS), PEDESTRIANS, GOLF CARTS, GOLF COURSE MAINTENANCE VEHICLES, AND OTHER RELATED GOLF COURSE EQUIPMENT AND ALSO OTHER VARIOUS PURPOSES. AS SET OUT IN: A DOCUMENT ENTITLED "GRANT OF EASEMENT AND OBLIGATION TO CONVEY", DATED, FEBRUARY 26, 2006, EXECUTED BY AND BETWEEN LA COSTA RESORT 75, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND KSL LA COSTA I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED FEBRUARY 21, 2006 AS INSTRUMENT NO. 2006-0120296, OF OFFICIAL RECORDS, AS AMENDED A DOCUMENT ENTITLED "FIRST AMENDMENT TO GRANT OF EASEMENT AND OBLIGATION TO CONVEY", RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-659234, OF OFFICIAL RECORDS TOGETHER WITH THOSE CERTAIN EASEMENTS, AS SET FORTH IN PARAGRAPH C OF THAT CERTAIN GRANT DEED RECORDED FEBRUARY 21, 2006 AS INSTRUMENT NO. 2006-0120295 OF OFFICIAL RECORDS, AS AMENDED BY AN INSTRUMENT RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO 2006-0659233 OF OFFICIAL RECORDS. OVER THE FOLLOWING DESCRIBED LAND: THAT PARCEL SET OUT IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094980, OF OFFICIAL RECORDS. (216-590-19) PARCEL 17: EASEMENTS AND RIGHTS FOR ACCESS, INGRESS AND EGRESS OF VEHICLES (INCLUDING WITHOUT LIMITATIONS AUTOMOBILES AND TRUCKS), PEDESTRIANS, GOLF CARTS, GOLF COURSES MAINTENANCE VEHICLES, AND OTHER RELATED GOLF COURSE EQUIPMENT AND ALSO OTHER VARIOUS PURPOSES. AS SET OUT IN: This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 17 AMF RICAN Lr\NDTl!ll ____ ,,, ------------ 0 0 Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) A DOCUMENT ENTITLED "GRANT OF EASEMENT AND OBLIGATION TO CONVEY", DATED, SEPTEMBER 15, 2006, EXECUTED BY AND BETWEEN, ARENAL ROAD, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND KSL LA COSTA I, LLC, A DELAWARE LIMITED LIABILITY COMPANY, RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-0659221, OF OFFICIAL RECORDS AND AS SET FORTH IN PARAGRAPH C OF THAT CERTAIN GRANT DEED RECORDED SEPTEMBER 15, 2006 AS FILE NO. 659219 OF OFFICIAL RECORDS, OVER THE FOLLOWING DESCRIBED LAND: THAT PARCEL SET OUT IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094979, OF OFFICIAL RECORDS. (216-590-18) PARCEL 18: A NON-EXCLUSIVE EASEMENT FOR THE PURPOSE OF PARKING VEHICLES THEREON AND RELATED PEDESTRIAN INGRESS AND EGRESS THEREFROM OVER LAND DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094980 OF OFFICIAL RECORDS, PURSUANT TO PARAGRAPH 3.02(c) OF DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED FEBRUARY 21, 2006 AS INSTRUMENT NO. 2006-0120298 OF OFFICIAL RECORDS, AS AMENDED BY FIRST AMENDMENT TO DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED SEPTEMBER 15, 2006, AS INSTRUMENT NO. 2006-0659236 OF OFFICIAL RECORDS. SAID EASEMENT IS APPURTENANT TO LOT 2 OF MAP NO. 14984 DESCRIBED IN PARCEL C OF PARCEL 1 ABOVE. PARCEL 19: A NON-EXCLUSIVE EASEMENT FOR THE PURPOSE OF PARKING VEHICLES THEREON AND RELATED PEDESTRIAN INGRESS AND EGRESS THEREFROM OVER LAND DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS INSTRUMENT NO. 2005-1094979 OF OFFICIAL RECORDS, PURSUANT TO PARAGRAPH 3.02(c) OF DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED SEPTEMBER 15, 2006 AS INSTRUMENT NO. 2006-0659223 OF OFFICIAL RECORDS. SAID EASEMENT IS APPURTENANT TO LOT 2 OF MAP NO. 14984 DESCRIBED IN PARCEL C OF PARCEL 1 ABOVE. PARCEL 20: PARCELA-1: THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING ALSO DESCRIBED AS THAT CERTAIN PARCEL OF LAND LABELED "NOT A PART", LYING SOUTH AND SOUTHEAST OF LOTS 7 AND 19 OF CARLSBAD This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 18 AMF RICAN LAND TITlE: AS\OCIArllJN C Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) TRACT NO. 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 7, SAID POINT BEING ON THE NORTHWESTERLY LINE OF COSTA DEL MAR ROAD AS SHOWN ON SAID MAP NO. 14984. AND BEING ON THE ARC OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 699.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 49° 44' 05" EAST; THENCE ALONG SAID NORTHWESTERLY LINE AND THE NORTHWESTERLY LINE OF LOT 24 OF SAID MAP NO. 14984, ALONG SAID CURVE SOUTHWESTERLY 475.42 FEET THROUGH A CENTRAL ANGLE OF 38° 58' 09", TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 10° 45' 56" EAST; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF LOT 24, ALONG SAID CURVE WESTERLY 8.98 FEET THROUGH A CENTRAL ANGLE OF 10° 17' 37" TO THE MOST SOUTHERLY CORNER OF LOT 20 OF SAID MAP NO. 14984; THENCE ALONG THE EASTERLY LINE OF SAID LOT 20 THE FOLLOWING 2 COURSES: NON-TANGENT FROM SAID CURVE NORTH 23° 49' 07" WEST 52.86 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1411.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 85° 31' 43" WEST; THENCE ALONG SAID CURVE NORTHERLY 499.91 FEET THROUGH A CENTRAL ANGLE OF 20° 17' 58" TO THE SOUTHWEST CORNER OF LOT 19 OF SAID MAP NO. 14984; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 19, NON- TANGENT FROM SAID CURVE SOUTH 69° 58' 22" EAST 145.68 FEET TO THE WESTERLY LINE OF SAID LOT 7; THENCE ALONG THE WESTERLY AND SOUTHERLY LINES OF SAID LOT 7 THE FOLLOWING 8 COURSES: SOUTH 19° 40' 00" WEST 57.47 FEET; THENCE SOUTH 70° 20' 00" EAST 25.00 FEET; THENCE SOUTH 19° 40' 00" WEST 20.00 FEET; THENCE SOUTH 70° 20' 00" EAST 112.50 FEET; THENCE SOUTH 19° 40' 00" WEST 56.95 FEET; THENCE SOUTH 25° 20' 00" EAST 11.31 FEET"; THENCE SOUTH 70° 20' 00" EAST 128.66 FEET; THENCE SOUTH 49° 44' 05" EAST 48.20 FEET TO THE POINT OF BEGINNING PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS DOCUMENT NO. 2005-1094979 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, MINERALS, NATURAL GAS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL RESOURCES, METALLIFEROUS OR OTHER ORES, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAT BE WITHIN OR UNDER THE PROPERTY, AND ALL RIGHTS ASSOCIATED WITH THE FOREGOING, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UDDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL. RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER. THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN THE DEED RECORDED SEPTEMBER 15, 2006, INSTRUMENT NO. 2006-0659219. OFFICIAL RECORDS. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 19 AMF RICAN LANDllTI~ AS\OCIArlO-.J ------------------------~---~-----~--~ - 0 0 Order No. 00082752-994-L T2-KD PARCELA-2: EXHIBIT A (Continued) NON-EXCLUSIVE EASEMENTS AND RIGHTS FOR PEDESTRIAN AND VEHICULAR ACCESS; INGRESS AND EGRESS OVER, ACROSS AND THROUGH LOT 24 OF CARLSBAD TRACT NO. 03-01-01, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 18, 2005, AS GRANTED BY GRANT OF ACCESS EASEMENT RECORDED SEPTEMBER 15, 2006, AS INSTRUMENT NO. 2006-0659220, OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. APN 216-590-18-00 PARCEL B-1: THAT PORTION OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, BEING ALSO DESCRIBED AS THAT CERTAIN PARCEL OF LAND LABELED "NOT A PART", LOCATED NORTH AND CONTIGUOUS WITH LOT 17 OF CARLSBAD TRACT NO, 03-01, LA COSTA RESORT AND SPA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14984, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 18, 2005, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 17; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 17 THE FOLLOWING 2 COURSES: NORTH 86° 15' 35" WEST 34.92 FEET; THENCE NORTH 74° 11' 24" WEST 359.68 FEET TO THE NORTHWEST CORNER THEREOF, SAID POINT BEING ALSO ON THE EASTERLY LINE OF LOT 20 OF SAID MAP NO. 14984; THENCE ALONG SAID EASTERLY LINE THE FOLLOWING 6 COURSES: NORTH 20° 02' 21" EAST 248.71 FEET; THENCE SOUTH 69° 57' 39" EAST 2.00 FEET; THENCE NORTH 20° 02' 21" EAST 26.27 FEET; THENCE NORTH. 69° 59' 20" EAST 44.56 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 760.00 FEET; A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 19° 02' 41" WEST; THENCE ALONG SAID CURVE EASTERLY 228.50 FEET; THROUGH A CENTRAL ANGLE OF 17° 13' 35"; THENCE RADIAL FROM SAID CURVE NORTH 01 ° 49' 06" EAST 10.00 FEET TO THE SOUTHERLY LINE OF ARENAL ROAD AS SHOWN ON SAID MAP NO. 14984, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 01° 49' 06" EAST; THENCE ALONG SAID SOUTHERLY LINE OF ARENAL ROAD AND ALONG SAID CURVE EASTERLY, SOUTHEASTERLY AND SOUTHERLY, 37.76 FEET THROUGH A CENTRAL ANGLE OF 86° 32' 31", TO THE NORTHWEST CORNER OF LOT 22 OF SAID MAP NO. 14984, SAID POINT BEING ON THE WESTERLY SIDELINE OF ESTRELLA DE MAR ROAD, AND ALSO BEING THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 3470.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 88° 21' 37" EAST; THENCE ALONG THE WESTERLY LINE OF SAID LOT 22 AND ALONG SAID CURVE SOUTHERLY 317.84 FEET THROUGH A CENTRAL ANGLE OF 05° 14' 53" TO THE POINT OF BEGINNING, PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 22, 2005 AS DOCUMENT NO. 2005-1094980 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL OIL, MINERALS,-NATURAL GAS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL RESOURCES, METALLIFEROUS OR OTHER ORES, AND This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITl.l AS\OCIArll)N C Order No. 00082752-994-L T2-KD EXHIBIT A (Continued) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PROPERTY, AND ALL RIGHTS ASSOCIATED WITH THE FOREGOING, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OF THE UPPER 500 FEET OF THE SUBSURFACE OF THE PROPERTY AS RESERVED IN THE DEED RECORDED FEBRUARY 21, 2006, INSTRUMENT NO. 2006-0120295, OFFICIAL RECORDS. PARCEL B-2: NON-EXCLUSIVE EASEMENTS AND RIGHTS FOR PEDESTRIAN AND VEHICULAR ACCESS; INGRESS AND EGRESS OVER, ACROSS AND THROUGH LOT 22 OF CARLSBAD TRACT NO. 03-01-01, ACCORDING TO MAP THEREOF NO. 14984 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON MARCH 18, 2005, AS GRANTEE-BY GRANTS OF ACCESS EASEMENT RECORDED SEPTEMBER 15, 2006, AS INSTRUMENT NOS. 2006-0659220 AND 2006-0659232, BOTH OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. APN 216-590-19-00 PARCEL 21: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. ADJ 07-17, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070059, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252209 OF OFFICIAL RECORDS. PARCEL 22: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. ADJ 07-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE NO. CE 070016, RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-0252231 OF OFFICIAL RECORDS. PARCEL 23: PARCEL A OF LOT LINE ADJUSTMENT PLAT NO. ADJ 07-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, PER CERTIFICATE OF COMPLIANCE CE 070043 RECORDED MAY 9, 2008 AS DOCUMENT NO. 2008-252193 OF OFFICIAL RECORDS. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 21 AMfRICAN LA'-1D IITll A\\OCIArl0"-1 0 0 Order No. 00082752-994-L T2-KD PARCEL 24: EXHIBIT A (Continued) LOT 225 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1966 PARCEL 25: LOT 226 OF LA COSTA VALLEY UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1966 APN: 216-593-06, 07 and 08, 215-220-30 and 23 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 22 AMERICAN Lr\~DTr1U AS\OCl..,fll)N Order No. 00082752-994-L T2-KD SCHEDULE B PART I -REQUIREMENTS All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. 6. Release(s) or Reconveyance(s) of Item No(s). 7. The following will be required for LC CU, LLC, a Delaware limited liability company & LC Investment 2010, LLC, a Delaware limited liability company acquiring, encumbering or conveying property described herein: 1. A copy of the articles of organization (form LLC-1) and all amendments, if any, which have been filed with the secretary of state. 2. A copy of the operating agreement certified by the appropriate manager or member that it is a copy of the current operating agreement. 3. If the limited liability company is member-managed then this company must be provided with a list of the current members. 4. If the limited liability company is established in another state, a certified copy of the LLC-5 form. 8. This Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance by LC Investment 2010, Inc., a Delaware corporation A. A copy of the corporation By-Laws and Articles of Incorporation. B. An original or certified copy of a resolution authorizing the contemplated transaction. C. If the Articles and/or By-Laws require approval by a parent organization, a copy of the Articles and By-Laws of the parent. 9. The requirement that all taxes due and payable at the date of closing be paid in full. 10. The requirement that the company be provided a recordable grant deed, executed by the vestee shown herein, in favor of the proposed insured conveying the land to be insured. 11. The requirement that the parties to this transaction deposit the funds necessary to consummate the contemplated transaction, including transfer taxes, recording fees, escrow fees and title premiums. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 23 AMERICAN LAND TITH -''\()( IAllON ------------------------------~----~·--~·~-------------- 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART I -Requirements (Continued) 12. The company reserves the right to require additional information or documentation upon review of the above matters. 13. This Commitment is subject to the company's standard approval process regarding approval of the liability amount requested. 14. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's AffidaviUDeclaration is attached to this Preliminary Report/Commitment. This AffidaviUDeclaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested AffidaviUDeclaration. END OF SCHEDULE B, PART I-REQUIREMENTS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 24 AMfRICA.N LAND Tlrll AS\OCIArllH-l Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and prov1s1ons of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 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. II. 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. III. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. IV. 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. V. (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. VI. Any lien or right to a lien for services, labor or material not shown by the public records. VII. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of records for value the estate or interest or mortgage thereon covered by this Commitment. I . Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification Nos.: Fiscal Year: See hyperlinked taxes 2017-2018 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 25 AMERICAN LAND TITLE C 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) THE FOLLOWING ITEMS AFFECT PARCEL 1: 2. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego Public road Granted To:. Purpose:. Recorded:. February 28. 1950 as Instrument No. 23337. in Book 3518. Page 221. of Official Records Affects:. A portion of said land Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 3. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego Public road Granted To:. Purpose:. Recorded:. Affects:. April 7. 1954 as Instrument No. 45689. in Book 5198. Page 80. of Official Records Road Survey No. 682, as shown on the Plat attached thereto Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 4. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress April 16. 1954 in Book 5207. Page 158. of Official Records A 150 foot strip of land 5. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress Granted To:. Purpose:. Recorded:. April 16. 1954 as Instrument No. 49841. m Book 5207. Page 161. of Official Records Affects:. A 100 foot strip of land This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN L,\'lD lllll Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 6. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress May 12, 1954 in Book 5235, Page 133, of Official Records A I 00 foot strip ofland 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress October 16, 1956 in Book 630 I, Page 162, of Official Records A 150 foot strip of land Note: A Right of Way Use Agreement dated May 20, 1982, by and between San Diego Gas and Electric Company (Grantor) and La Costa Hotel and SPA, a California general partnership was recorded June I 0, 1982 as Instrument No. 82-178920, of Official Records. Note: A Right of Way Use Agreement dated May 20, 1982, by and between San Diego Gas and Electric Company (Grantor) and La Costa Hotel and SPA, a California general partnership was recorded October 7, 1986 as Instrument No. 86-449867, of Official Records. Note: A Right of Way Use Agreement dated May 20, 1982, by and between San Diego Gas and Electric Company (Grantor) and La Costa Hotel and SPA, a California general partnership was recorded September 26, 1991 as Instrument No. 1991-495887, of Official Records. 8. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress Granted To:. Purpose:. Recorded:. March 21. 1957 as Instrument No. 42195 in Book 6504, Page 206, of Official Records Affects:. A 150 foot strip of land This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions: Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 27 AMfRlCA.N L-'.:-4D Tll lt 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District public utilities, ingress, egress August 11. 1961 as Instrument No. 138157. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: Portion eliminated by document recorded July 17. 2003 as Instrument No. 2003-0851230. of Official Records. 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe August 11. 1961 as Instrument No. 138157, of Official Records A portion of said land I I . An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District sewer lines and pipe lines February 27. 1962 as Instnunent No. 33068, of Official Records A strip of land 20 feet wide Note: A portion of said easement was eliminated by an instrument recorded May 7. I 968 as Instrument No. 76668. of Official Records. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District public utilities, ingress, egress May 29. 1962 as Instrument No. 91495, of Official Records A strip of land 10 feet wide 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company steel towers June 20, 1962 as Instrument No. I 04913, of Official Records A 150 foot strip of land This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 28 AMERICAN LAND TITll C Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 14. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc. releases the County of San Diego from its responsibilities to maintain drainage and storm drain outlets, recorded April 8, 1964 as Instrument No. 63487, of Official Records. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 11. I 964 as Instrument No. l 05863. of Official Records A portion of said land 16. An Agreement, to which reference is hereby made for full particulars Dated:. February 2, 1965 By and Between:. Recorded:. Regarding:. Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company February 5, 1965 as Instrument No. 21960, of Official Records Installation of Gas and Electric Facilities Affects Map 5434 I 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego drainage February 16. 1965 as Instrument No. 27698, of Official Records Within the boundaries of the existing Golf Course and/or Greenbelt areas 18. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding:. San Diego Gas and Electric Company and Rancho La Costa, Inc. February 17, 1965 as Instrument No. 28607. of Official Records The underground electrical system for La Costa Country Club This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND TITH AS~OC!Aflll:-.1 C 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 19. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District A sewer pipe line, pumping station and appurtenances July 9. 1965 as Instrument No. 123282. of Official records A portion of said land Note: A portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598017. of Official Records. Note: A portion of Parcel 10 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598018. of Official Records. Note: A portion of Parcel 11 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598019. of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instmment No. 87-598020. of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded June I. 2000 as Instrument No. 2000-0289303, of Official Records. Note: Portion easement eliminated by document recorded July 17. 2003 as Instmment No. 2003-0850435. of Official Records and by document recorded July 17, 2003 as Instrument No. 2003-0851230, of Official Records. 20. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 16. 1966 as Instrument No. 99315, of Official Records Lots 10 and 14 of Section 35, Township 12 South, Range 4 West Said matter affects: The underground electrical system for La Costa Valley construction building and show ring. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. I 12556, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA..'\10 TITH AS~OC..11\rJ~J",j C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 11. 1966 as Instrument No. 112557. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego storm drain September 6, 1966 as Instrument No. 145066, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 24. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego ingress, egress for repairing and maintenance of drainage facilities September 30, 1966 as Instrument No. 158817, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 25. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 27. 1966 as Instrument No. I 72022, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 26. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 17, 1966 as Instrument No. 181876, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LAND TlfU. A)\OCll\rln'-1 C SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 27. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress November 23. 1966 as Instrument No. 184937, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 28. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipelines January 26, 1968 as Instrument No. 14749, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 29. An Agreement to which reference is hereby made for full particulars. By and Between:. Recorded:. Regarding:. Affects: Rancho La Costa, Inc., a Nevada corporation and La Costa Land Company, an Illinois corporation and Robert E. Cantwell III and Marianne Cantwell, husband and wife, as joint tenants April 17, 1968 as Instrument No. 63823. of Official Records A License for pedestrian and Golf Cart purposes As described in said document. 30. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipe line May 8, 1968 as Instrnment No. 76856. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AM~RICAN l-'.ND Tlfl!: AS\OC!Ar!UN Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 31. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego Public road May 29, 1968 as Instrument No. 90113, of Official Records Road Survey 1796-66 Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 32. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25, 1968 as Instrument No. 207883, of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Bios, Inc., a California corporation sewer December 23, 1968 as Instrument No. 224061, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part /-Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 33 AMFRICAN Lr\c'ID TllH ---------------------------~--.,.-------·- 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress December 23. 1968 as Instrument No. 224807, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 35. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress March 20. 1969 as Instrument No. 49242. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 36. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipe line March 21. 1969 as Instrument No. 49324. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 37. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded: Regarding:. La Costa Land Company, an lllinois corporation and the County of San Diego August 6. 1969 as Instrument No. 143240, of Official Records. Waiver regarding discharge of water Said matter affects: As described therein 38. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipe line August 15, 1969 as Instrument No. 149041, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: A portion of said easement was eliminated by document executed by Leucadia Water District and recorded October 23, 1987 as Instrument No. 87-598020, of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 34 AMERICAN LA;,,iO TITLI: /1.S\OCIArlO"' C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 39. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding:. Leucadia County Water District and La Costa Land Company August 15, 1969 as Instrument No. 150150, of Official Records License Agreement for Tennis Court over sewer easement 40. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. · Recorded:. Leucadia County Water District pipe line September 16, 1969 as Instrument No. 169171, of Official Records Affects:. The route thereof affects a portion of said land and is more fully described in said document. 41. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 10, 1969 as Instrument No. 206119, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 42. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego Public road November 13, 1969 as Instrument No. 208550, of Official Records Road Survey 1796-66 Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 43. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego County Flood Control District, Zone I drainage channel November 18, 1969 as Instrument No. 211764, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 35 AMF RICAN LA:-1D Tlrlt A~\OCIAfll)"I 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 44. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe line December 1. 1969 as lnstrnment No. 217921, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 45. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe line December 3, 1969 as Instrument No. 21970 I, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 46. The privilege and right to extend drainage strnctures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance of said highway, as contained in the Deed recorded December 3, 1969 as Instrument No. 220242, of Official Records. 47. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego drainage channel December 3, 1969 as Instrument No. 220242, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 48. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipe line March 4, 1970 as Instrument No. 38849, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 49. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line July 13, 1970 as Instrument No. 121408, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND rnn AS\OCIAflO"J C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 50. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia Water District pipe line August 25, 1970 as Instrument No. 152444, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: Portion vacated by document recorded July 17. 2003 as Instrument No. 2003-0851230, of Official Records. 51. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. August 19, 1970 as Instrument No. 148260, of Official Records Note: Section 12956.l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section I 2955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy ofa declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification( s) of said covenants, conditions and restrictions Recorded:. September 2, 1970 as Instrument No. 159552, of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN l,\:-,1[) TITI t As,oc1 ... no>.1 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 52. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego drainage channels June 4, 1971 as Instrument No. 117673, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 53. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line June 7, 1971 as Instrument No. 118184, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 54. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line February 4, 1972 as Instrument No. 27913, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 55. A License Agreement by and between Leucadia County Water District and La Costa Land Company, an Illinois corporation, recorded May 31, 1972, as Instrument No. 137509, of Official Records, regarding change of grade and construction of Tennis Court over a portion of a district sewer easement. Note: Portion vacated by document recorded 2003-0851230, of Official Records. 56. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress September 19, 1972 as Instrument No. 250710, of Official Records Granted To:. Purpose:. Recorded:. Affects:. A strip of land six feet of more in width, being three feet measured right angles on each side of each and every electrical utility facility installed within the therein described lands on or before June 29, 1973 The exact location and extent of said easement is not disclosed of record This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part //-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN L,\NO rnn .\S',OCC,',fll)N C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 57. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 26, 1972 as Instrument No. 256957, of Official Records The route thereof affects a portion of said land and is more fully described in said document. "As shown on that certain survey prepared by Rick Engineering Services, Job No. J. 14023-L, dated December 9, 2010." Note: A Right of Way Use Agreement dated August 6, 1991, by and between San Diego Gas and Electric Company and La Costa Hotel and SPA Resort, was recorded September 26, 1991 as Instrument No. 1991-495887, of Official Records. 58. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 2. 1972 as Instrument No. 264028, of Official Records Granted To:. Purpose:. Recorded:. Affects:. A strip of land six feet of more in width, being three feet measured at right angles on each side of each and every electrical utility facility installed within the therein described on or before June 29, 1973 The exact location and extent of said easement is not disclosed of records 59. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipe line or pipe lines January 24, 1973 as Instrument No. 73-021341, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 60. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress February 20, 1973 as Instrument No. 73-044092, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 39 AMERICAN LAND rnu. .\S\OCl"-rlO~ 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 61. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipeline or pipelines June 20, 1973 as Instrument No. 73-168249, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 62. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District a pipeline or pipelines September 7, 1973 as Instrument No. 73-252776, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 63. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego County Flood Control District Zone 1 a drainage channel September 25, 1973 as Instrument No. 73-270064 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 64. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District a sewer pipe line or pipelines September 25, 1973 as Instrument No. 73-270151 Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: Portions of said easement were vacated by Quitclaim deeds recorded June 19, 1992 as Instrument No. 1992- 381708 and as Instrument No. 92-381709, both of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN U~D IITll: C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 65. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 13. 1974 as Instrument No. 74-035505. of Official Records Note: Section l 2956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: lf you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least l 4-point boldface type, relating to unlawful restrictions. 66. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company Electrical system June 4. 1974 as Instrument No. 74-147403, of Official Records Hotel SP A addition to La Costa 67. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Carlsbad Municipal Water District a pipeline or pipelines July 11. 1974 as Instrument No. 74-185026. of Official Records Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 68. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District a pipe line or pipelines July 11. 1974 as Instrument No. 74-185031, of Official Records Arena! Road water main extension This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMFRICAN LAND TITII: A~'>OCUrlON 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 69. An Agreement, to which reference is hereby made for full particulars By and Between:. Recorded:. Regarding:. La Costa Land Company, an Illinois corporation and Leucadia County Water District August 19, 1974 as Instmment No. 74-224935, of Official Records Agreement to Relocate Easement 70. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District a drainage pipeline and appurtenances August 19, 1974 as Instrument No. 74-224936, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: A termination of easement was recorded September 22, 2000 as Instrument No. 2000-05103 I 6, of Official Records. Note: Portion vacated by document recorded July 17, 2003 as lnstmment No. 2003-0851230, of Official Records. 71. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 17, 1974 as Instrument No. 74-251086, of Official Records La Costa SP A, Hotel La Costa 72. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District a pipeline or pipelines October 15, 1974 as Instrument No. 74-273988, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 73. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31, 1974 as Instrument No. 74-337648, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 42 AMERICAN LAt'-ID 11TH AS\OCUrlDN C SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 74. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31. 1974 as Instrument No. 74-337649. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 75. A License Agreement by and between Leucadia County Water District and La Costa Land Company, an Illinois corporation, recorded January 15, 1975 as Instrument No. 75-0I0209. of Official Records. regarding change of grade and construction of Tennis Court over a portion of a district sewer easement. 76. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District a pipeline or pipelines January 24, 1975 as Instrument No. 75-0 I 733 7, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 77. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress December 3, 1979 as Instrument No. 79-507143, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 78. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress August 7, 1980 as Instrument No. 80-250810. of Official Records The La Costa Laundry 79. An easement for the purpose shown below and rights incidental thereto as set forth in a document. La Costa Green, a general partnership sewer lateral March 24, 1982 as Instrument No. 82-079855. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LANO lllll: AS\OClArll>'< 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 80. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Pacific Bell public utilities, ingress, egress April 6, 1984 as Instrument No. 84-126741, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 81. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Theodore Aroney drainage structures and pipelines August I 0, 1984 as Instrument No. 84-304383, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 82. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Costa Real Municipal Water District public utilities, ingress, egress October 8, 1984 as Instrument No. 84-380189, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 83. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 18, 1985 as Instrument No. 85-216657, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 84. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. La Breteche, LTD., a California limited partnership sewer June 26, 1985 as Instrument No. 85-228680, of Official Records Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 44 AMERICAN LA~D TfTI l A~\OCIA..rll>N C SCHEDULE B PART II-EXCEPTIONS (Continued) :) Order No. 00082752-994-L T2-KD 85. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Pacific Bell public utilities, ingress, egress July 31, 1985 as Instrument No. 85-273499, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 86. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. 367 Jerez Company, a California general partnership and Fairbrook Villas Homeowners Association Heathers, blowers, pumps, filters and appurtenances; gas lines, electric lines, water lines and control lines running between the SP A equipment and existing connections, concrete pads and retaining walls to create equipment pads for SP A equipment, landscaping and irrigation system August 26, 1985 as Instrument No. 85-308763, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 87. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Imperial Bank, a California corporation and ALT A Verde Condominiums Homeowners Association landscaping and concrete walkways in conjunction with its condominium development known as ALT A Verde Condominiums January 3, 1986 as Instrument No. 86-002482, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 88. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad Abutter's rights of access appurtenant to the land abutting the Easterly right of way line of El Camino Real and the Northerly right of way of line of La Costa Avenue January 15, 1986 as Instrument No. 86-017550, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITH AS\OC!,\flll..., C SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 89. An Agreement to which reference is hereby made for full particulars Dated:. By and Between:. Recorded:. Regarding:. January 31, 1986 La Costa Hotel and Spa, a California general partnership and Daon Corporation February 28, 1986 as Instrument No. 86-078337, of Official Records Short form of option Reference is hereby made to said document for full particulars. Affects Lot 28 90. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Third La Costa Condominium Owners Association, a California corporation and Fourth La Costa Condominium Owners Association, a California corporation ingress, egress for driveway August 22, 1986 as Instrument No. 86-364534, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 91. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-598021, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 92. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Costa Real Municipal Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-598022, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: Portion vacated by document recorded January 26, 2009 as Instrument No. 2009-034455 of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 46 AMfRICAN LANO Tlfl~ AS\OCl,',rlllN C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 93. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad flood drainage channel and the flowage of waters November 17. 1987 as Instrument No. 87-642302. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 94. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The Jockey Club Homeowners Association, a corporation non-profit mutual benefit corporation landscaping, ingress and egress November 20, 1987 as Instrument No. 87-651063, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 95. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The Jockey Club Homeowners Association, a California nonprofit mutual benefit corporation unenclosed patios and landscaping incidental purposes November 20. 1987 as Instrument No. 87-651064. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 96. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Third La Costa Homeowners Association, a California nonprofit mutual benefit corporation landscaping ingress and egress November 20. 1987 as Instrument No. 87-651065. of Official Records Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 97. A Resolution of the City Council of the City of Carlsbad, California, accepting a covenant of Official Records easement over a portion of Costa Del Mar Road, recorded March 23. 1992 as Instrument No. 1992-158322. of Official Records. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 47 AMERICAN lAc'iD flTlE AS\OCIArlO~ 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 98. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipeline May 21, 1992 as Instrument No. 1992-3 I 0964. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 99. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District the construction, operation, repair, reconstruction and all act1v1t1es necessary to construct, reconstruct, maintain and repair facilities designed for the general purposes of collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the land June 4, 1992 as Instrument No. 1992-0348009. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 100. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad drainage September 24. 1992 as Instrument No. 1992-606491.ofOfficial Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 101. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad street May 28. 1993 as Instrument No. 1993-0340673. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 48 AMERICAN LAND ffll l AS\OCIArlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) l 02. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The City of Carlsbad Public sidewalk and utility May 28, 1993 as instrument No. 1993-340674, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. I 03. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipeline or pipelines November 18, 1997 as Instrument No. 1997-0583207, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. I 04. A Certificate of Compliance Dated:. Executed by:. Compliance No.:. Recorded:. December 19, 1997 City Engineer CE 780 December 22, 1997 as Instrument No. 1997-0650317, of Official Records 105. A document entitled "Easement Agreement", dated, December 16, 1997, executed by La Costa Hotel and SPA Corporation, a California corporation, Leucadia County Water District, a political subdivision of the State of California and American Stores Properties, Inc., subject to all the terms, provisions and conditions therein contained, recorded December 22, 1997 as Instrument No. 1997-0650322, of Official Records. 106. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and SPA Corporation, and the City of Carlsbad subject to all the terms, provisions and conditions therein contained, recorded January 8, 1999 as Instrument No. 1999-0012461, of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 49 AMERICAN LAND flTll AS~OC1Arll>~ 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 107. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District underground sewer line, and necessary devices and appurtenances December 27. 2002 as Instrument No. 2002-1190210. of Official Records The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as provided in the document referred to above. Joint Use Agreement dated January 23, 2003, by and between San Diego Gas and Electric Company and Leucadia County Water District recorded January 31. 2003 as Instrument No. 2003-113678. of Official Records. 108. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Public water line June 12. 2003 as Instrument No. 2003-0693204. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 109. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Public Water Line June 12, 2003 as Instrument No. 2003-0693205. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 110. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Public water line June 12, 2003 as Instrument No. 2003-693206. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAc'ID TITH C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD l l l. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company, a corporation underground electric facilities June 25, 2003 as Instrument No. 2003-0753775, of Official Records That portion of the Northeast quarter of Section 35, township 12 South, Range 4 West, San Bernardino meridian as described in Deed recorded November 16. 2001 as document No. 2001-836304, of Official Records of said County of San Diego. The exact location and extent of said easement is not disclosed of record. 112. An easement for the purpose shown below and rights incidental thereto as set forth in a document. City of Carlsbad drainage May 2, 2012 as Instrument No. 2012-0257558, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 113. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: April 23, 2013 as Instrument No. 2013-252185, of Official Records 114. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: April 23, 2013 as Instrument No. 2013-252574, of Official Records 115. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Leucadia Wastewater District, a governmental entity and its successors and assigns perpetual nonexclusive easement and right-of-way to maintain underground sewer pipelines and apprtenances May 2, 2012 as Instrument No. 2012-0257558, of Official Records Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN lA~D TITll A)\OClArJO~ C 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 116. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District, a public agency public water September 28, 2017 as Instrument No. 2017-0446976, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. THE FOLLOWING ITEMS AFFECT PORTION PARCEL 1: 11 7. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress February 16, 1920 as Instrument No. 4391, in Book 798, Page 241, of Deeds Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 118. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 18, 1954 in Book 5273, Page 432, of Official Records As shown on Parcel Map No. 13427 119. An Agreement, to which reference is hereby made for full particulars Dated:. By and Between:. Recorded:. Regarding:. June 9, 1983 The City of Carlsbad and Daon Corporation July 29, 1983 as Instrument No. 83-263566, of Official Records Reimbursement Agreement for Public Improvements 120. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of right of way, where required for the construction and maintenance of said right of way, as contained in the deed recorded December 9, 1983 as Instrument No. 83-449259, of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRlCAN LA~D TITLI: C Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 121. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress January l l. 1984 as Instrument No. 84-011338. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 122. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe line or pipelines May 15, 1984 as Instrument No. 84-180447, of Official Records As shown on Parcel Map No. 13427 Note: Portion vacated by document recorded July 17, 2003 as Instrument No. 2003-0851230, of Official Records. 123. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The City of Carlsbad Public roadway and Public utilities August 16, 1984 as Instrument No. 84-312777. of Official Records Carrillo way Said instrument additionally contains the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits where required for the construction and maintenance thereof 124. Provisions, herein recited, of the dedication statement on the Map of:. Provisions:. Parcel Map No. 13427 as Follows: This project is approved on the express condition that building permits will not be issued for development of the subject property unless the City of Engineer determines that sewer capacity is available at the time of application for such permits and will continue to be available until time of occupancy. A building permit shall not be issued for a Lot which includes land in more than one Tax Code Area. This Subdivision contains a remainder Parcel. No building permit shall be issued for the remainder Parcel until it is further subdivided pursuant to the provisions of Title 20 of the Carlsbad Municipal Code. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN l,\c'J[') TITI t AS'iOCl,\rlO"I 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 125. An Agreement, to which reference is hereby made for full particulars Dated:. July 30, 1985 By and Between:. La Costa Hotel and SP A, a California general partnership and Daon Corporation, a Delaware corporation Recorded:. September 12, 1985 as Instrument No. 85-335690, and re-recorded February 28. 1986 as Instrument No. 86-078338, of Official Records Regarding:. Easement Agreement Reference is hereby made to said document for full particulars. 126. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company, a corporation public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631301, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 127. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company, a corporation public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631303, of Official Records The exact location and extent of said easement is not disclosed of record 128. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 21, 2006 as Instrument No. 2006-0120298 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN Lr\~D TITI t C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Modification(s) of said covenants, conditions and restrictions Recorded:. September 15. 2006 as Instrument No. 2006-0659236 of Official Records 129. Any rights of tenants in possession of said Land, with no rights of first refusal to purchase or any options to purchase all or any portion of the Land, based on any unrecorded lease, or leases. Tenants: Enterprise Rent-a Car Company of Los Angeles, LLC THE FOLLOWING ITEMS AFFECT PARCEL 3 (EASEMENT TO ALGA ROAD): 130. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District sewer pipe line and pumping station July 9, 1965 as Instrument No. 123282, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 13 1. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Easement Purpose:. Affects:. sewer As shown on said Map This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic fonn. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 55 AMFRlCAN LA~D TlTll AS~OClArll)~ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 132. An offer of dedication to Public Use of a portion of said land. Said offer was rejected on said Map, but is subject to future acceptance under the provisions of Section No. 66477.2 of the Government Code of the State of California. Designated on Map No.:. 5781 As drainage easements Note: A Resolution accepting previously rejected storm drain easements was recorded November 22, 1966 as Instrument No. 184330, of Official Records. 133. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. October 4, 1966 as Instrument No. 160240, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Modification(s) of said covenants, conditions and restrictions Recorded:. November I 0, 1988 as Instrument No. 88-579961, of Otlicial Records Modification(s) of said covenants, conditions and restrictions Recorded:. November 14, 1988 as Instrument No. 88-582845, of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /---Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 56 AMERICAN LAND nn ~ AS\OC!l'trKl"-1 C SCHEDULE B PART 11 -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 134. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe line or pipelines March I, 1968 as instrument No. 35784, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 135. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. 136. A Certificate of Compliance Executed by:. Recorded:. San Diego Gas and Electric Company public utilities, ingress, egress December 3, 1969 as Instrument No. 220265, of Official Records The exact location and extent of said easement is not disclosed of record The City of Carlsbad November 25, I 981 as Instrument No. 81-374108, of Otlicial Records 137. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipeline or pipelines April 12, 1982 as Instrument No. 82-100504, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 138. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Fourth La Costa Homeowners Association, a California nonprofit mutual benefit corporation ingress and egress and pedestrian and vehicular access to Costa Del Mar Road November 20. 1987 as Instrument No. 87-651061, of Official Records Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 57 AMF RICAN LANO Ifl I.~ AS\OClA.00!'4 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) THE FOLLOWING ITEMS AFFECT PARCELS 4 AND 5: 139. The rights to revoke, and various covenants and conditions contained in that certain revocable License Agreement dated September 25, 1986 by and between the Leucadia County Water District and La Costa Hotel & SPA, recorded November 14, 1986 as Instrument No. 86-523844, of Official Records. Reference is hereby made to said document for full particulars. Said matter affects Parcel 4 Note: Said License was amended by document recorded November 20, 1987 as Instrument No. 87-651067, of Official Records. 140. Various covenants and conditions contained in that certain easement From:. Irwin A. Molasky and Allard Roen, Trustees of El Camino Properties Trust ult/a dated June 16, 1986 To:. Recorded:. Affects:. La Costa Hotel and SP A, a partnership November 20, 1987 as Instrument No. 87-651062, of Official Records Parcel 5 Reference is hereby made to said document for full particulars. THE FOLLOWING ITEMS AFFECT PARCEL 6 (UNDERGROUND EASEMENT UNDER ALGA ROAD): 141. The rights to revoke, and various covenants and conditions contained in that certain Underground Encroachment Agreement dated November 3, 1987, by and between La Costa Hotel and SPA and the City of Carlsbad, recorded November 6. 1987 as Instrument No. 87-627015, of Official Records. Reference is hereby made to said document for full particulars. Said matter affects Golf Cart under crossing as shown on Plat attached to said document. 142. A I 00 year flood boundary established from the Flood Insurance Rate Map for the City of Carlsbad, California. 143. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SP A, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270. of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANO flTU AS\OCl,.rll>N C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) THE FOLLOWING ITEMS AFFECT LOTS 22, 23 AND 24 OF PARCEL 11A: 144. A document entitled "Agreement", dated, February 2, 1965, executed by Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded February 5, 1965 as Instrument No. 21960, of Official Records. 145. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 11, 1966 as Instrument No. 66-112556, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 146. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa Land Company, subject to all the terms, provisions and conditions therein contained, recorded May 31, 1972 as Instrument No. 72-137509, of Official Records. Reference is hereby made to said document for full particulars. 147. A document entitled "Amended Restated and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort & SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-295270, of Official Records. Reference is hereby made to said document for full particulars 148. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. 149. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule 8, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN L,\ND TITU: A~\OCIAfll>N 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 150. Notice of Restriction on Real Property Recorded:. February 25, 2003 as Instrument No. 2003-0210187, of Official Records Reference is hereby made to said document for full particulars. 151. Notice of Restriction on Real Property Recorded:. March 4, 2005 as Instrument No. 2005-0183318, of Official Records Reference is hereby made to said document for full particulars. 152. Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4, 2005 as Instrument No. 2005-0183319, of Official Records Reference is hereby made to said document for full particulars. 153. Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4, 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. 154. A document entitled "Encroachment Agreement", executed by City of Carlsbad and KSL La Costa Resort Corporation, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183378, of Official Records. Reference is hereby made to said document for full particulars. 155. Covenants Conditions and Agreements as set forth on Map 14984 and Map 15108. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 60 AMERICAN LAc'ID TITLl C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 156. A document entitled "Declaration Grant and Reservation of Main Road Easement Rights", dated, November 15, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and KSL I, LLC, subject to all the terms, provisions and conditions therein contained, recorded December 9, 2005 as Instrument No. 2005-0 I 058885, of Official Records. Affects Lots 22, 23, 24 (Map No. 14984) Note: A document entitled "Supplementary Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as Instrument No. 2006-0589476, of Official Records. 157. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Arena Road LLC, a California limited liability company access road September 15, 2006 as Instrument No. 2006-0659220, of Official Records Lots 22 & 24, Map 14984 I 58. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Lot 22 of!vfap 14984 Arena) Road LLC, a California limited liability company access road September I 5, 2006 as Instrument No. 2006-0659232, of Official Records THE FOLLOWING ITEMS AFFECT PARCEL 14 (FEE TO COSTA DEL MAR ROAD): I 59. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of El Camino Real R. S. 682, where required for the construction and maintenance of said County Highway, as contained in the deed recorded February 28, 1950 in Book 3518, Page 221. 160. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 16, 1956 in Book 630 I, Page 162, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 61 AMfRlCAN LA:--10 IITIE 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 161. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District sewer lines and pipelines Granted To:. Purpose:. Recorded:. February 27, 1962 as Instrument No. 33068, in Book 3, Page 1962, of Official Records Affects:. The exact location and extent of said easement is not disclosed of record Restrictions by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 162. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia Water District sewer pipelines July 9, 1965 as Instrument No. 123282, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 163. A Record of Survey Map 6269 purporting to show various boundaries and dimensions of said land. 164. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of R. S. 682 El Camino Real, where required for the construction and maintenance of said County Highway, as contained in the deed recorded February 17, 1966 as Instrument No. 28608, of Official Records. 165. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 16, 1966 as Instrument No. 99315, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part /-Requirements; and Schedule 8, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 62 AMrnlCAN LA'.'iD Tlflf: AS\O(l-'rll>N C Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 166. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company, a corporation public utilities, ingress, egress July 11, 1966 as Instrument No. 112556, of Official Records The exact location and extent of said easement is not disclosed of record Restrictions on the use by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 167. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112557, of Official Records The exact location and extent of said easement is not disclosed of record Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 168. An offer and rejection of said offer subject to provisions of Section 11616 of the Business and Professional Code of the State of California, for the dedication of Costa Del Mar Road, on Subdivision Map No. 6129, filed in the office of San Diego County, June 18, 1968 as Instrument No. 102138, of Official Records. 169. An easement for the purpose shown below and rights incidental thereto as Granted and Reserved in various deeds of record. Granted To:. Purpose:. Recorded:. Affects:. Planet Incorporation, a California corporation a non-exclusive easement and right of way for ingress and egress October 8, 1968 as Instrnment No. 175220, of Official Records A portion of said land This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted lo AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMflllCAN LA.ND fllll .\S'>OC!ArlO"' C 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 170. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress March 20. 1969 as instrument No. 49242, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 171. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress March 20, 1969 as Instrument No. 49243. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 172. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Pipelines, ingress and egress March 21, 1969 as Instrument No. 49324. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 173. An offer and rejection of said offer subject to provisions of Section 11616 of the Business and Professionals Code of the State of California for the dedication of Costa Del Mar Road, on Subdivision Map NO. 6520, filed in the office of the San Diego County, October 21, 1969 as Instrument No. 193655, of Official Records. Said offer shall remain open and is subject to acceptance at any time. 174. The Recital contained on Map No. 6520: Note: Costa Del Mar Road to be maintained as a private street until such time as the board of Supervisors of San Diego County accepts the offer of dedication. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 64 AMERICAN LAND TITLE C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD l 75. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District, its successors and/or assigns to erect, construct, reconstruct, replace, repair, maintain, and use a pipeline or pipelines for transportation of water, together with their necessary fixtures and appurtenances, including but not limited to, underground, conduits and cables for power transmission and communication purposes at such locations and elevations October 23. 1969 as Instrument No. I 94568 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 176. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District, a political subdivision Granted To:. Purpose:. the construction, operation, maintenance, repair and replacement, of a sewer pipeline or pipelines manholes laterals and appurtenances and the right of ingress and egress for such purposes June 20. l 973 as Instrument No. 73-0168249. of Official Records Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 65 AMfRlCAN LANOTITI.I; AS\OCIA.fll>~ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) l 77. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress February 22. 1974 as Instrument No. 74-044542. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. l 78. A Resolution of the City Council of the City of Carlsbad, California accepting a covenant for easement over a portion of Costa Del Mar Road, recorded March 23. 1992 as Instrument No. l 992-158322. of Official Records. The route thereof affects a portion of said land and is more fully described in said document. 179. Notice of Restriction on Real Property Recorded:. March 4. 2005 as Instrument No. 2005-0183318. of Official Records Reference is hereby made to said document for full particulars. 180. Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4. 2005 as Instrument No. 2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 181. Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4. 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 66 AMfRICAN LAND llfll AS~oc, ... noN C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD THE FOLLOWING ITEMS AFFECT ALL OF PARCELS 1 TO 6, LOTS 22, 23 AND 24 OF PARCEL 11A AND PARCEL 14: I 82. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Esrafil Abedi and Shahla Abedi, as trustees of the Abedi Family Trust dated July 8, 1992 easement for landscape, drainage and maintenance November 20. 2008 as Instrument No. 2008-0601586 of Official Records Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. (216-592-0 I) I 83. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SP A, subject to all the terms, provisions and conditions therein contained, recorded June 6. 2000 as lnstrnment No. 2000-0295270. of Official Records. 184. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed by a survey prepared by Rick Engineering Services, Job No. J.14023-L, dated December 9, 2010: The encroachments as shown on that certain survey prepared by Rick Engineering Services, Job No. J. 14023-L, dated December 9, 2010 are the result of a visual field inspection made By Rick Engineering Personnel and obvious conflicts as shown by an inspection of the photography related to the boundary. (see the affected sheets as indicated by the cloud in the legend and referenced by an encircled letter). (f) a 5' by 4' type "f' inlet with concrete apron outside the boundary limits, (g) brick retaining wall with steps 10.6' +/-in the boundary limites, (i) a 4' by 4' type "f' inlet with concrete apron outside the boundary limits, (j) a 4' high block retaining wall with flagstone paving 5.2' +/-inside the boundary limits. Sheet 9 & 10: (w) a transformer concrete pad 3.5' +/-inside the boundary limits. Sheet 10: (x) concrete pool deck with 4' brick retaining wall 4.7' +/-inside the boundary limit. Sheet 10: (y) awning and brick floor. (z) a concrete and ceramic tile patio floor 1.3' +/-inside the boundary limits, (aa) a concrete walk 27.9' inside the boundary limits, (bb) a retaining wall13.5' +/-inside the boundary limits, (cc) a concrete walk 6.0' +/-inside the boundary limits, (dd) a 2' by 2' drain inlet 4.2' +/-inside the boundary limits, (ee) paving and fencing 38.4' +/-inside the boundary limits, (ff) steps 8.4' +/-inside the boundary limits, (gg) concrete pool decking and fencing 7.4' +/- inside the boundary limits, (hh) fencing 4.2' +/-inside the boundary limits. Sheet 13: (ii) a patio awning and brick floor 2.5' +/-inside the boundary limits, (jj) a 4' high block retaining wall and wood deck 9.0' +/-inside the boundary limits, (kk) concrete steps 7.3' +/-inside the boundary limits, (II) concrete decking 5.5' +/-inside the boundary limits. Sheet 6: (mm) plastic fence, landscape area in the boundary limits. Sheet 9: (nn) 6' chainlink fence not on the property line. Sheet 13: ( oo) block wall lies within boundary limits. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LA"iD TITLI:. AS\OCIAfl(IN 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 185. An Agreement, and the terms and conditions as contained therein Dated:. October 28, 2002 By and Between:. Recorded:. Regarding:. KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad January l 7. 2003 as Instrument No. 2003-0063448. of Official Records Hold Harmless Agreement Drainage Reference is hereby made to said document for full particulars. 186. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recorded:. Regarding:. October 28, 2002 KSL La Costa Resort Corporation, a Delaware corporation January l 7. 2003 as Instrument No. 2003-0063449. of Official Records Hold Harmless Agreement Geological Failure Reference is hereby made to said document for full particulars. 187. A document entitled "Notice of Restriction on Real Property", dated, February IO, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25. 2003 as Instrument No. 2003-0210187. of Official Records. I 88. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District Public water line June 12. 2003 as Instmment No. 2003-0693207. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 189. An easement for the purpose shown below and rights incidental thereto as set forth in a document. PAR 72, LLC, a California limited liability company drainage October 5. 2004 as Instrument No. 2004-0945988, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Among other things, said document provides: Covenant for maintenance This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule 8, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 68 AMERICAN LAND lllH AS~OCIATlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 190. Easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map of:. Purpose:. Affects:. Easement Purpose:. Affects:. Map 14984 Public utility over, upon, across and under Lots 22 and 23, as shown on said map open space easement over, upon, across, and under Lots I, 3, 25, 26, 27 and 28 191. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said tract. Affects:. Lots 16 and 21 in and to Arena! Road, from Lots 1, 4, 20 and 21 in and to El Camino Real from Lot 1 in Gibraltar Street, Lot 28 in and to Alga Road, Lot 27 in and to Caleta Court and Estrella De Mar Road, as set forth on Map 14984 Said land however, abuts upon a Public thoroughfare other that the road referred to above, over which rights of vehicular ingress and egress have been relinquished. 192. Covenants, Conditions and Agreements as set forth on Map 14984 and Map 15108. Reference is hereby made to said document for full particulars. 193. A document entitled "Notice of Restriction on Real Property", dated, January 11, 2005, executed by KSL Development and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183318, of Official Records. 194. A document entitled "Notice of Concerning Aircraft Environmental Impacts Case No: GPA 03-08/ZC 03-04/MP 03- 02/MP 149(S)/CT 03-01/PUD 03-06/SUP 03-03/SUP 03-06", dated, January 11, 2005, executed by KSL Development, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183319, of Official Records. 195. A document entitled "Encroachment Agreement", dated, February 4, 2005, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183378, of Official Records. Affects easement recorded October 23, 1987 as Instrument No. 87-598022, of Official Records. 196. A document entitled "Hold Harmless Agreement Geological Failure", dated, January 31, 2005, executed by KSL La Costa Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 24. 2005 as Instrument No. 2005-0243581, of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMFRICAN LAND Till t AS\OC!ArlON 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 197. A document entitled "Hold Harmless Agreement Drainage", dated, January 18, 2005, executed by KSL La Costa Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 24, 2005 as Instrument No. 2005-0243587. of Official Records. 198. A document entitled "Hold Harmless Agreement Drainage", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 7, 2005 as Instrument No. 2005-1054386, of Official Records. 199. A document entitled "Hold Harmless Agreement Geological Failure", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded December 7. 2005 as Instrument No. 2005-1054387, of Official Records. 200. A document entitled "Declaration Grant and Reservation of Main Road Easement Rights", dated, November 15, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and KSL I, LLC, subject to all the terms, provisions and conditions therein contained, recorded December 9, 2005 as Instrument No. 2005-1058885, of Official Records. Affects Lots 22, 23, 24 (Map No. 14984) Note: A document entitled "Supplemental Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as Instrument No. 2006-0589476, of Official Records . 201. A document entitled "Hold Harmless Agreement Drainage", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 9. 2006 as Instrument No. 2006-0014593. of Official Records. Affects Lot 20 (Map No. 14984) 202. A document entitled "Hold Harmless Agreement Drainage", executed by KSL La Costa I, LLC, a Delaware limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 9, 2006 as Instrument No. 2006-0014594, of Official Records. Affects Lot 3 (Map No. 14984) 203. A document entitled "Grant of Easement and Obligation to Convey", dated, February 17, 2006, executed by La Costa Resort 75, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded February 21, 2006 as Instrument No. 2006-0120296, of Official Records. First Amendment recorded September 15, 2006 as Instrument No. 2006-0659234. of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 70 AMERICAN LAND TllH C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 204. A document entitled "Memorandum of Agreement", dated, February 17, 2006, executed by KSL La Costa I, LLC, a Delaware limited liability company and La Costa Resort 75, LLC, a California limited liability company, subject to all the terms, provisions and conditions therein contained, recorded February 21, 2006 as Instrument No. 2006-120297, of Official Records. First Amendment recorded September 15, 2006 as Instrument No. 2006-0659235, of Official Records. 205. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. KSL La Costa I, LLC, a Delaware limited liability company pedestrian and vehicular access, ingress and egress March 14, 2006 as Instrument No. 2006-0175287, of Official Records Lots 22 & 23 206. An offer of dedication to public use of a portion of said land. Said offer was rejected on said map, but is subject to future acceptance under the provisions of Section Number 664772.2 of the government code of the State of California. 5734 Designated on Map No.:. As:. As portion of Lot 46 reserved for future Street and portion of Lot 147 reserved for future street Said matter affects Parcel B of Parcel 1 207. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. May 18, 1966 as Instrument No. 83027 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy ofa declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part //-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 71 AMERICAN LAND TITH ,\~,OCIAfl~lN 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 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 matter affects Parcel B of Parcel l 208. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress May 25, 1966 as Instrument No. 87467 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Said matter affects Parcel B of Parcel l 209. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Arnold R. Brilhart and Verlye Brilhart, husband and wife Granted To:. Purpose:. Recorded:. Affects:. street purposes and for sewer, water, gas, power, and telephone and other utilities October 7, 1966 as Instrument No. 162107 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Said matter affects Parcel B of Parcel I 210. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress August 19, 1966 as Instrument No. 135110 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Said matter affects Parcel B of Parcel 1 This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LAND llTI l AS\OCIArlU"I C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 211. The effect of the Deed from Rancho La Costa, Inc., a Nevada corporation to Marvin Kratter, a married man, recorded January 29, 1970 as Instrument No. 16983 of Official Records. Affects: Those rights which may vest in the owner of Lot 145 of La Costa Valley Unit No. 3 by implication or otherwise in the following: An easement and right of way street purposes and for sewer, water, gas, power, telephone line and other utility lines to be used in common with the grantors and others over, upon and under those portions of Lots 146 and 157 of La Costa Valley Unit No. 3, in the County of San Diego, State of California, according to map thereof No. 5734, filed in the office of the County Recorder of San Diego County, May 18, 1966, which are designated on said Map No. 5734, as "Portion of Lot 146 reserved for future street" and portion of Lot 14 7 reserved for future street, as the above easement was reserved for the owner of Lot 145. Said matter affects Parcel B of Parcel 1 212. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District a pipeline or pipelines July 11, I 974 as Instrument No. 74-185051, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Said matter affects Parcel B of Parcel I 213. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress March 12, 1986 as Instrument No. 86-095616 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Said matter affects Parcel B of Parcel I 214. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 4, 2005 as Instrument No. 2005-01833 I 8 of Official Records. Reference is hereby made to said document for full particulars. Said matter affects Parcel B of Parcel I This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 73 AM FR I CAN L,\1\,10 TITLE AS\OCIAflON 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 215. The terms and provisions contained in the document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridors" recorded March 4, 2005 as Instrument No. 2005-0183320 of Official Records Reference is hereby made to said document for full particulars. Said matter affects Parcel B of Parcel 1 216. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 2007-0689714 of Official Records. Said matter affects Map 14984 217. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District, a public agency Costa Del Mar Road Waterline Easement Pr 06-105 April I, 2008 as Instrument No. 2008-0166954 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Parcel l lA and Parcel 14 218. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District, a public agency Clubhouse Waterline Relocation Water Line Easement PR 06-95 April 1, 2008 as Instrument No. 2008-0166956 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of Lots I, 2 and 3 of Parcel I is more fully described in said document. Modification(s) of the terms and provisions of said document as therein provided. Recorded: March 22, 2012 as Instrument No. 2012-167448, of Official Records 219. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia Wastewater District, a governmental entity of the State of California non-exclusive sewer July 7, 2008 as Instrument No. 2008-0360878 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Affects Parcel I This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part J.--Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 74 AMERICAN LAND TlfU: C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD THE FOLLOWING ITEMS AFFECT PARCELS 7, 8 AND 9: 220. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress April 16. 1954 in Book 5207. Page 158, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 221. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress April 16. 1954 as Instrument No. 49841, in Book 5207. Page 161, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 222. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District sewer lines and pipelines February 27. 1962 as Instrument No. 33068. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 223. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc., releases the County of San Diego from its responsibilities to maintain, drainage ditch and storm drain outlets, recorded April 8. 1964 as Instrument No. 63487. of Official Records. 224. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Pacific Telephone and Telegraph Company public utilities, ingress, egress October 29. 1964 as Instrument No. 198153, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITH AS\OCIArlON 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 225. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 19, 1964 as Instrument No. 211058, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification( s) of said covenants, conditions and restrictions Recorded:. July 9, 1965 as Instrument No. 123019, of Official Records Modification(s) of said covenants, conditions and restrictions Recorded:. September 30, 1965 as Instrument No. 178153, of Official Records 226. An Agreement, and the terms and conditions as contained therein Dated:. February 2, 1965 By and Between:. Recorded:. Regarding:. Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company February 5, 1965 as Instrument No. 2 I 960, of Official Records Installation of gas and electric facilities Reference is hereby made to said document for full particulars. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITH C Order No. 00082752-994-L T2-KD SCHEDULE 8 PART II -EXCEPTIONS (Continued) 227. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego drainage facilities February 16, 1965 as Instrument No. 27698, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 228. An Agreement, and the terms and conditions as contained therein By and Between:. Recorded:. Regarding:. San Diego Gas and Electric Company and Rancho La Costa, Inc. February 17, 1965 as Instrument No. 28607, of Official Records The underground electrical system for La Costa Country Club Reference is hereby made to said document for full particulars. 229. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress March 15, 1965 as Instrument No. 45559, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 230. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Lelucadia County Water District a sewer pipe line, pumping station and appurtenances July 9, 1965 as Instrument No. 123282, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598017, ofOfficiaI Records. Note: A portion of Parcel 10 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598018, of Official Records. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598019, of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN L1','iD rlTU:. 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598020. of Official Records. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded July I. 2000 as Instrument No. 2000-0289303, ofOfiicial Records. Note: a portion of Parcel 8 of said easement was eliminated by document recorded July 17. 2003 as Instrument No. 2003-0850435 of Official Records and by document recorded July 17, 2003 as instrument No. 2003-0851230. of Official Records. Affects:. Lot 8 Map No. 14984 231. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 11. 1966 as Instrument No. 112556. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 232. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 11. 1966 as Instrument No. 112557. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 233. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 16. 1966 as Instrument No. 99315. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA:-iD flTLE AS\OCI.Hll)N C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 234. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego ingress and egress for repairing and maintenance of drainage facilities September 30. 1966 as Instrument No. 158817, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 235. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 27. 1966 as Instrument No. 172022, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 236. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 17, 1966 as Instrument No. 181876. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 237. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 12. 1968 as Instrument No. 198193, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 238. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25. 1968 as Instrument No. 207883. of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 79 AMF.RICAN LAND 11TH AS)OCIArlON 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 239. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance of said highway, as contained in the deed recorded December 3, 1969 as Instrument No. 220242, of Official Records. 240. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line July 13, 1970 as Instrument No. 121408, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 241. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. August 19, 1970 as Instrument No. 148260, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LAND TITH C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded:. September 2, 1970 as Instrument No. 70-159552, of Official Records 242. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa land Company, subject to all the terms, provisions and conditions therein contained, recorded May 31, 1972 as Instrument No. 137509, of Official Records. Reference is hereby made to said document for full particulars. Note: Portion vacated by document recorded 2003-0851230, of Official Records. 243. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 19, 1972 as instrument No. 250710, of Official Records The exact location and extent of said easement is not disclosed of record 244. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress October 2, 1972 as Instrument No. 264028, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 81 AMfRICAN lAND flTll AS\OC!,..r!O~ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 245. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 4. 1974 as Instrument No. 74-147403. of Official Records The exact location and extent of said easement is not disclosed of record 246. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 17. I 974 as Instrument No. 74-251086. of Official Records The exact location and extent of said easement is not disclosed of record 247. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31. 1974 as Instrument No. 74-337648. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 248. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress August 7. 1980 as Instrument No. 80-250810. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 249. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 18. 1985 as Instrument No. 85-216657. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND rJTH AS\OCIArlON C ) -· Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 250. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Pacific Bell public utilities, ingress, egress July 31, 1985 as Instrument No. 85-273499, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 251. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Costa Real Municipal Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-598022, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 252. A document entitled "Easement Agreement", dated, December 16, 1997, executed by La Costa Hotel and SPA Corporation, a California corporation, Leucadia County Water District, a political subdivision of the State of California and American Stores Properties, Inc., subject to all the terms, provisions and conditions therein contained, recorded December 22, 1997 as Instrument No. 1997-650322, of Official Records. Reference is hereby made to said document for full particulars. 253. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and SPA Corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 8, 1999 as Instrument No. 1999-012461, of Official Records. Reference is hereby made to said document for full particulars. 254. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 255. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LA~D TITLE AS\OCIAfll)S 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 256. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 257. A document entitled "Notice of Restriction on Real Property", dated, February 10, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25, 2003 as Instrument No. 2003-0210187, of Official Records. Reference is hereby made to said document for full particulars. 258. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water Company public water line June 12, 2003 as Instrument No. 2003-0693204, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 259. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693205, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 260. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693206, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LI\NO nru C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 261. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693207, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 262. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company, a corporation underground electrical facilities June 25, 2003 as Instrument No. 2003-0753775, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 263. A Quitclaim of Various Easements from Leucadia Wastewater District (Formerly Leucadia County Water District), a governmental entity of the State of California, to KSL La Costa Resort Corporation, a Delaware corporation, was recorded July 17, 2003 as Instrument No. 2003-0851230, of Official Records. 264. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia Wastewater District storm drain piping and appurtenances December 3, 2003 as Instrument No.2003-01435883, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 265. A Notice of Restriction on Real Property Recorded:. March 4, 2005 as Instrument No. 2005-0183318, of Official Records Reference is hereby made to said document for full particulars. 266. A Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4, 2005 as Instrument No. 2005-0183319, of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA.ND TITI l 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 267. A Notice and Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4, 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. 268. A document entitled "Encroachment Agreement", executed by City of Carlsbad and KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183378, of Official Records. Reference is hereby made to said document for full particulars. 269. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631302, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 270. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631303, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 271. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District, a public agency waterline August 26, 2005 as Instrument No. 2005-0736012, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 272. A document entitled "Declaration of Establishment of Easements for the La Costa Resort Villas I", dated, November 21, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, together with its successors and assigns, subject to all the terms, provisions and conditions therein contained, recorded November 22, 2005 as Instrument No. 2005-1010040, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 86 AMERICAN lA~D TITU; AS\OClArll)N C Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 273. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress December 5. 2005 as Instmment No. 2005-1043495, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 274. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29. 2007 as Instrument No. 689714 of Official Records. Said matter affects Map 14984 275. The effect of any failure to comply with the terms, covenants, conditions and provisions of the Lease described or referred to in Schedule A. 276. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 277. Any defect in or invalidity of, or other matters relating to the leasehold estate referred to herein, which would be disclosed by an examination of the unrecorded lease. THE FOLLOWING ITEMS AFFECT PARCELS lOA & 10B: 278. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District sewer lines and pipe lines February 27. 1962 as Instrument No. 33068. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 87 AMF RICAN LAND IITll 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 279. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recorded:. Regarding:. February 2, 1965 Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company February 5, 1965 as lnstrnment No. 21960, of Official Records Map 5434 Reference is hereby made to said document for full particulars. 280. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 16, 1966 as Instrument No. 99315, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 281. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112556, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 282. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 1 12557, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 283. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego Ingress and egress for repairing and maintenance of drainage facilities September 30, 1966 as Instrument No. 158817, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA~DTITll C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 284. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress October 27. 1966 as Instrument No. 172022, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 285. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 17, 1966 as Instrument No. 181876, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 286. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress November 12, 1968 as Instrument No. 198193, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 287. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25, 1968 as Instrument No. 207883, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA"1D TITH 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 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. 288. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Leucadia County Water District pipe line July 13. 1970 as Instrument No. 121408. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 289. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 19. 1972 as Instrument No. 250710. of Official Records The exact location and extent of said easement is not disclosed of record 290. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress October 2. 1971 as Instrument No. 264028. of Official Records The exact location and extent of said easement is not disclosed of record. 291. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 13. 1974 as Instrument No. 74-035505. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND Tlfll AS\OC\ArlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 292. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 4. 1974 as Instrument No. 74-147403, of Official Records The exact location and extent of said easement is not disclosed of record 293. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress September 17. 1974 as Instrument No. 74-251086. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 294. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31, 1974 as Instrument No. 74-337648. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 295. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress August 7. 1980 as Instrument No. 250810. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 91 AMfRICAN LAND TIT[ t 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 296. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 18, 1985 as Instrument No. 85-216657. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 297. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Pacific Bell public utilities, ingress, egress July 31. 1985 as Instrument No. 85-273499, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 298. A document entitled "Easement Agreement", dated, December 16, 1997, executed by La Costa Hotel and SPA Corporation, a California corporation, Leucadia County Water District, a political subdivision of the State of California and American Stores Properties, Inc., subject to all the terms, provisions and conditions therein contained, recorded December 22, 1997 as Instrument No. 1997-0650322, of Official Records. Reference is hereby made to said document for full particulars. 299. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and SPA Corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 8, 1999 as Instmment No. 1999-0012461, of Official Records. Reference is hereby made to said document for full particulars. 300. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 30 l. An easement for the purpose shown below and rights incidental thereto as set forth in a document.· Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693204, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TlrH A)\OCl!\rlON C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 302. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District public water line June 12. 2003 as Instrument No. 2003-0693205. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 303. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District public water line June 12. 2003 as Instrument No. 2003-0693206. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 304. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District public water line June 12. 2003 as Instrument No. 2003-0693207. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 305. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company, a corporation underground electrical facilities June 25. 2003 as Instrument No. 2003-0753775. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 306. A Quitclaim of Various Easements from Leucadia Wastewater District (Formerly Leucadia County Water District), a governmental entity of the State of California, to KSL La Costa Resort Corporation, a Delaware corporation, was recorded July 17. 2003 as Instrument No. 2003-0851230, of Official Records. 307. A document entitled "Reimbursement Agreement for Public Improvements", dated, June 9, 1983, executed by the City of Carlsbad and Daon Corporation, subject to all the terms, provisions and conditions therein contained, recorded July 29. 1983 as Instrument No. 83-263566. of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 93 AMfRlCAN LAND llTIE A$\OC1Arl0!'1 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART 11-EXCEPTIONS (Continued) 308. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress October 29, 1964 as Instrument No. 198153, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 309. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Ray Wilson Maintenance of a swimming pool August 13, 1986 as Instrument No. 86-346125, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document 310. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 311. A Notice of Concerning Aircraft Environmental Impacts Recorded:. April 4, 2005 as Instrument No. 2005-0183319, of Official Records Reference is hereby made to said document for full particulars. 312. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631303, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 313. A document entitled "Declaration Establishment of Easements for the La Costa Resort Villas I", dated, November 21, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded November 22, 2005 as Instrument No. 2005-01010040, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 94 AMERICAN LAND TITH C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 314. 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 covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law). Recorded: November 22, 2005 as Instrument No. 2005-01010041, of Official Records The Company will require that it be furnished a written statement from the Homeowners' Association of which said property owner is a member. Said statement should provide that all liens and /or assessments levied on said land has been paid up to and including the date of closing. In order to avoid unnecessary delays at the time of closing, we ask that you obtain and forward said statement at your earliest convenience. Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 315. A document entitled "Declaration, Grant and Reservation of Main Road Easement Rights", dated, November 15, 2005, executed by La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded December 9. 2005 as Instrument No. 2005-1058885, of Official Records. A document entitled "Supplemental Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18. 2006 as Instrument No. 2006-05894 76. of Official Records This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 95 AMfRICAN LA.NO Ti flt .l~\OC!A.rlO'I 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 316. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress December 5. 2005 as Instrument No. 2005-01043495, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 31 7. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 2007-0689714 of Official Records. THE FOLLOWING ITEMS AFFECT PARCEL lOC: 318. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 16, 1954 in Book 5207, Page 158. of Official Records The route thereof affects a portion of said land and is more fully described m said document. 319. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress April 16, I 954 as Instrument No. 49841, in Book 5207, Page 161, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 320. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Carlsbad Municipal Water District sewer lines and pipelines February 27. 1962 as Instrument No. 33068, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 321. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc., releases the County of San Diego from its responsibilities to maintain, drainage ditch and storm drain outlets, recorded April 8, 1964 as Instrument No. 63487, of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 96 AMERICAN LAND TITH AS\OC!"-rlllN C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 322. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Pacific Telephone and Telegraph Company public utilities, ingress, egress October 29. 1964 as Instrument No. 198153. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 323. Covenants, conditions and restrictions ("but om1ttmg, except to the extent that said covenant or restnct1on is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: November 19. 1964 as Instrument No. 211057. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 324. Covenants, conditions and restrictions ("but om1ttmg, except to the extent that said covenant or restnct10n is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: November 19. 1964 as Instrument No. 211058, of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN l,\ND flTLt AS',OCl,\fJON 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification{s) of said covenants, conditions and restrictions Recorded: July 9. 1965 as Instrument No. 123019. of Official Records Modification{s) of said covenants, conditions and restrictions Recorded: September 30. 1965 as Instrument No. 178153. of Official Records 325. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: February 2, 1965 Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company February 5, 1965 as Instrument No. 21960, of Official Records Installation of gas and electric facilities Reference is hereby made to said document for full particulars. 326. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The County of San Diego drainage facilities February 16, 1965 as Instrument No. 27698, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 327. An Agreement, and the terms and conditions as contained therein By and Between: Recorded: Regarding: San Diego Gas and Electric Company and Rancho La Costa, Inc. February 17. 1965 as Instrument No. 28607, of Official Records The underground electrical system for La Costa Country Club Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND llrtl: AS~OCIAOON C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 328. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company public utilities, ingress, egress March 15, 1965 as Instrument No. 45559, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 329. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Lelucadia County Water District Purpose: a sewer pipe line, pumping station and appurtenances Recorded: July 9, 1965 as Instrument No. 123282, of Official Records Affects: The route thereof affects a portion of said land and is more fully described m said document. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as lnstrnment No. 87-598017, of Official Records. Note: A portion of Parcel IO of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598018, of Official Records. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598019, of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598020, of Official Records. Note: a portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded July 1, 2000 as Instrument No. 2000-0289303, of Official Records. Note: a portion of Parcel 8 of said easement was eliminated by document recorded July 17, 2003 as Instrument No. 2003-0850435 of Official Records and by document recorded July 17, 2003 as Instrument No. 2003-0851230, of Official Records. Affects: Lot 8 Map No. 14984 330. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112556. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 99 AMF RICAN LAND IITll A)\OCIAfll)S 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 331. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112557, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 332. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress June 16, 1966 as Instrument No. 99315, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 333. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The County of San Diego ingress and egress for repairing and maintenance of drainage facilities September 30, 1966 as Instrument No. 158817, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 334. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress October 27, 1966 as Instrument No. 172022, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 335. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress November 17, 1966 as Instrument No. 181876, of Official Records The route thereof affects a portion of said land and is more fully described m said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 100 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;;:~,;;,',:~ Title Association. C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 336. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress November 12, 1968 as Instrument No. 198193, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 337. Covenants, conditions and restrictions ("but om1ttmg, except to the extent that said covenant or restnct1on is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: November 25, 1968 as Instrument No. 207883, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision {p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 338. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Road Survey No. 1800-1, where required for the construction and maintenance of said highway, as contained in the deed recorded December 3, 1969 as Instrument No. 220242, of Official Records. 339. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Leucadia County Water District pipe line July 13, 1970 as Instrument No. 121408, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF.RICAN LA:-iO llTll .\S\OCIMI0-4 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 340. Covenants, conditions and restnct10ns ("but omitting, except to the extent that said covenant or restnctlon is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: August 19, 1970 as Instrument No. 148260. of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification(s) of said covenants, conditions and restrictions Recorded: September 2, 1970 as Instrument No. 70-159552, of Official Records 341. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa land Company, subject to all the terms, provisions and conditions therein contained, recorded May 31, 1972 as Instrument No. 137509, of Official Records. Reference is hereby made to said document for full particulars. Note: Portion vacated by document recorded 2003-0851230, of Official Records. 342. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress September 19, 1972 as Instrument No. 250710, of Official Records The exact location and extent of said easement is not disclosed of record This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITU C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 343. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress October 2. 1972 as Instrument No. 264028, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 344. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress June 4. 1974 as Instrument No. 74-147403. of Official Records The exact location and extent of said easement is not disclosed of record 345. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress September 17. 1974 as Instrument No. 74-251086. of Official Records The exact location and extent of said easement is not disclosed of record 346. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The Pacific Telephone and Telegraph Company public utilities, ingress, egress December 31. 1974 as Instrument No. 74-337648, of Official Records Affects: The route thereof affects a portion of said land and is more fully described m said document. 347. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress August 7. 1980 as Instrument No. 80-250810, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 348. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress June 18, 1985 as Instrument No. 85-216657, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND TITU:. 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 349. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Pacific Bell public utilities, ingress, egress July 31, 1985 as Instrument No. 85-273499, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 350. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Costa Real Municipal Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-598022. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 351. A document entitled "Easement Agreement", dated, December 16, 1997, executed by La Costa Hotel and SPA Corporation, a California corporation, Leucadia County Water District, a political subdivision of the State of California and American Stores Properties, Inc., subject to all the terms, provisions and conditions therein contained, recorded December 22. 1997 as Instrument No. 1997-650322, of Official Records. Reference is hereby made to said document for full particulars. 352. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and SPA Corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 8, 1999 as Instrument No. 1999-012461, of Official Records. Reference is hereby made to said document for full particulars. 353. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6. 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 354. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 104 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;;:~,;;~:~ Title Association. C SCHEDULE B PART II-EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 355. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 356. A document entitled "Notice of Restriction on Real Property", dated, February 10, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25, 2003 as Instrument No. 2003-0210187, of Official Records. Reference is hereby made to said document for full particulars. 357. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water Company public water line June 12, 2003 as Instrument No. 2003-0693204, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 358. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693205, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 359. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District public water line June 12, 2003 as Instrument No. 2003-0693206, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 360. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District public water line June 12. 2003 as Instrument No. 2003-0693207, of Official Records The route thereof affects a portion of said land and is more fully described m said document. This page is only a parl of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Parl /-Requirements; and Schedule B, Parl //-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 105 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~;~~,;;~J~ Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 361. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company, a corporation underground electrical facilities June 25, 2003 as Instrument No. 2003-0753775, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 362. A Quitclaim of Various Easements from Leucadia Wastewater District (Formerly Leucadia County Water District), a governmental entity of the State of California, to KSL La Costa Resort Corporation, a Delaware corporation, was recorded July 17, 2003 as Instrument No. 2003-0851230. of Official Records. 363. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Leucadia Wastewater District Purpose: storm drain piping and appurtenances Recorded: December 3. 2003 as Instrument No. 2003-01435883. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 364. A Notice of Restriction on Real Property Recorded: March 4. 2005 as Instrument No. 2005-0183318. of Official Records Reference is hereby made to said document for full particulars. 365. A Notice of Concerning Aircraft Environmental Impacts Recorded: March 4. 2005 as Instrument No.2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 366. A Notice and Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded: March 4. 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. 367. A document entitled "Encroachment Agreement", executed by City of Carlsbad and KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded March 4. 2005 as Instrument No. 2005-0183378, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 106 AMERICAN LAND Tl1 lt AS~OCIAflON C SCHEDULE B PART II-EXCEPTIONS (Continued) -_,) Order No. 00082752-994-L T2-KD 368. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631302, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 369. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631303, of Official Records The route thereof affects a portion of said land and is more fully described m said document. 370. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District, a public agency waterline August 26, 2005 as Instrument No. 2005-0736012, of Official Records The route thereof affects a portion of said land and is more fully described m said document. 3 71. A document entitled "Declaration of Establishment of Easements for the La Costa Resort Villas I", dated, November 21, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, together with its successors and assigns, subject to all the terms, provisions and conditions therein contained, recorded November 22, 2005 as Instrument No. 2005-10 I 0040, of Official Records. Reference is hereby made to said document for full particulars. 372. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress December 5, 2005 as Instrument No. 2005-1043495, of Official Records The route thereof affects a portion of said land and is more fully described m said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 107 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;:0~1;;,1,:i Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 373. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 689714 of Official Records. Said matter affects Map 14984 THE FOLLOWING ITEMS AFFECT PARCEL lOD: 374. A document entitled "Agreement", dated, February 2, 1965, executed by Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded February 5, 1965 as Instrument No. 21960. of Official Records. 375. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress June 11, 1966 as Instrument No. 66-112556. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 376. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa Land Company, subject to all the terms, provisions and conditions therein contained, recorded May 31. 1972 as Instrnment No. 72-137509. of Official Records. Reference is hereby made to said document for full particulars. 377. A document entitled "Amended Restated and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SPA Corporation, d/b/a La Costa Resort & SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-295270. of Official Records. Reference is hereby made to said document for full particulars 378. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063448. of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITH C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 379. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449. of Official Records. Reference is hereby made to said document for full particulars. 380. Notice of Restriction on Real Property Recorded: February 25. 2003 as Instrument No. 2003-0210187. of Official Records Reference is hereby made to said document for full particulars. 381. Notice of Restriction on Real Property Recorded: March 4, 2005 as Instrument No. 2005-0183318, of Official Records Reference is hereby made to said document for full particulars. 382. Notice of Concerning Aircraft Environmental Impacts Recorded: March 4. 2005 as Instrument No. 2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 383. Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded: March 4. 2005 as Instrument No. 2005-0183320. of Official Records Reference is hereby made to said document for full particulars. 384. A document entitled "Encroachment Agreement", executed by City of Carlsbad and KSL La Costa Resort Corporation, subject to all the terms, provisions and conditions therein contained, recorded March 4. 2005 as Instrument No. 2005-0183378. of Official Records. Reference is hereby made to said document for full particulars. 385. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract . Affects: Lot 16, abutting Arena! Road Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRlCAN LAND TITll: AS\OCIArll)N 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 386. Recitals as shown on that certain map of Carlsbad Tract No. 03-01-01 recorded March 18, 2005, as Map No 14984, which, among other things states: "Lots IO and 11 are Condominium Lots and defined in Section 1350 of the Civil Code of the State of California, there will be 36 dwelling units on Lot 10 and 18 dwelling units on Lot 11 and is filed pursuant to Subdivision Map Act". Reference is hereby made to said document for full particulars. 387. Easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map of: Purpose: Affects: Easement Purpose: Affects: Map 14984 Public utility over, upon, across and under Lots 22 and 23, as shown on said map open space easement over, upon, across, and under Lot 1, 3, 25, 26, 27 and 28 388. Covenants Conditions and Agreements as set forth on Map 14984 and Map 15108. Reference is hereby made to said document for full particulars. 389. A document entitled "Declaration Grant and Reservation of Main Road Easement Rights", dated, November 15, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and KSL I, LLC, subject to all the terms, provisions and conditions therein contained, recorded December 9, 2005 as Instrument No. 2005- 01058885, of Official Records. A document entitled "Supplemental Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as lnstmment No. 2006-0589476, of Official Records Affects Lots 22, 23, 24 (Map No. 14984) Note: A document entitled "Supplementary Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as Instrument No. 2006- 05894 76, of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 110 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;:~~,;;,','.~ Title Association. C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 390. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Arena Road LLC, a California limited liability company access road September 15, 2006 as Instrument No. 2006-0659220. of Official Records Lots 22 & 24, Map 14984 391. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Arena! Road LLC, a California limited liability company access road September 15. 2006 as Instrument No. 2006-0659232, of Official Records Lot 22 of Map 14984 392. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29. 2007 as Instrument No. 2007-0689714 of Official Records. THE FOLLOWING MATTERS AFFECT PARCEL 16 EASEMENT OVER 216-590-19: 393. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District sewer lines and pipelines February 27, 1962 as Instrument No. 33068, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Note: A portion of said easement was eliminated by an instrument recorded May 7, 1968 as Instrument No. 76668, of Official Records. 394. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recorded:. Regarding:. February 2, 1965 Rancho La Costa, Inc., a corporation and San Diego Gas and Electric February 5. 1965 as Instrument No. 21960, of Official Records Installation of gas and electric facilities Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 111 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA AM,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;,:~,:::~~ Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 395. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25, 1968 as Instrument No. 207883, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 396. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Carlsbad Municipal Water District pipeline purposes March 21, 1969 as Instrument No. 49324, of Official Records 397. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Leucadia County Water District sewer pipeline purposes December 3, 1969 as Instrument No. 219701, of Official Records 398. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and Spa Corporation, d/b/a La Costa Resort & Spa, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TIIH AS\OCl,\rlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 399. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company, a corporation Underground electrical facilities June 25. 2003 as Instrument No. 2003-0753775. of Official Records 400. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrnment No. 2003-0063449. of Official Records. Reference is hereby made to said document for full particulars. Agreement to modify the terms and provisions for full particulars. Executed by: KSL La Costa Resort Co., LLC, a Delaware limited liability company Recorded: November 21, 2003 as Instrument No. 2003-1401477 and August 25, 2004 as Instrument No. 2004-0810996, both of Official Records. 401. A Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4. 2005 as Instrument No. 2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 402. A Notice of Restriction of Real Property Recorded:. March 4. 2005 as Instrument No. 2005-0183318. of Official Records Reference is hereby made to said document for full particulars. 403. A Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4. 2005 as Instrument No. 2005-0183320. of Official Records Reference is hereby made to said document for full particulars. 404. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company, a corporation public utility July 26. 2005 as Instrnment No. 2005-0631302. of Official Records This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND Tll It ,'-~\OC!ArlllN 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 405. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company Granted To:. Purpose:. Underground electric facilities, and appurtenances for the transmission and distribution of electricity Recorded:. Affects:. July 26. 2005 as Instrument No. 2005-0631303. of Official Records A portion of said land 406. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: February 21, 2006 as File No. 2006-120295 of Official Records as amended by an instrument recorded September 15, 2006 as Instrument No 2006-0659233 of Official Records. Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 407. A document entitled "Grant of Easement and Obligation to Convey", dated, February 26, 2006, executed by and between La Costa Resort 75, LLC, a California limited iiability company and KSL La Costa I, LLC, a Delaware limited liability company, recorded February 21, 2006 as instrument no. 2006-0120296, of Official Records. And amended by document recorded September 15, 2006 as instrument no. 2006-659234. of Official Records. THE FOLLOWING MATTERS AFFECT PARCEL 17 EASEMENT OVER216-590-18: 408. A Waiver and Release Agreement between Rancho La Costa, Inc., and the Coutny of San Diego wherein Rancho La Costa, Inc., releases the County of San Diego from its responsibilities to maintain drainage ditch and storm drain outlets, recorded April 8, l 964 as Instrument No. 63487. of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN UNO HTU:. .\S\OCl,\rlON C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 409. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Leucadia County Water District Purpose: A sewer pipe line, pumping station and appurtenances Recorded: July 9. 1965 as Instrument No. 123282. of Official Records Note: A portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598017, of Official Records. Note: A portion of Parcel IO of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598018. of Official Records. Note: A portion of Parcel 11 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598019. of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23. 1987 as Instrument No. 87-598020. of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded June I. 2000 as Instrument No. 2000-0289303, of Official Records. Note: A portion of easement eliminated by document recorded July 17, 2003 as Instrument No. 2003-0850435. official records and by document recorded July 17. 2003 as Instrument No. 2003-0851230, of Official Records. 410. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress July l I. 1966 as Instrument No. 112557. of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 115 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;;~~.;;,::~ Title Association. 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 411. Covenants, conditions and restnct10ns ("but omitting, except to the extent that said covenant or restnct10n is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: November 25. 1968 as Instrument No. 207883, of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 412. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress September 17. 1974 as Instrument No.74-251086, of Official Records a portion of said land 413. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Carlsbad Municipal Water District A pipeline or pipelines October 15. 1974 as Instrument No. 74-273988. of Official Records A portion of said easement lying within lots 31, 34,35 and 36 of Map No. 15108, was quitclaimed by an instrument recorded January 31. 2007 as Instrument No. 2007-0066991 of Official Records. 414. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Costa Real Municipal Water District public utilities, ingress, egress October 8. 1984 as Instrument No. 84-0380189. of Official Records a portion of said land This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 116 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMFR1cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land "'0 rn" Title Association. C SCHEDULE B PART 11 -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 415. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and Spa Corporation, d/b/a la Costa Resort & Spa, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 416. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation , a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. 417. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 418. A document entitled "Notice of Restriction on Real Property", dated, February I 0, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25. 2003 as Instrument No.2003-0210187, of Official Records. 419. A Notice of Restriction on Real Property Recorded: March 4, 2005 as Instrument No. 2005-0183318, of Official Records Reference is hereby made to said document for full particulars. 420. A Notice of Concerning Aircract Environmental Impacts Recorded: March 4, 2005 as Instrument No. 2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 421. A Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor( s) Recorded: March 4, 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 117 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.~;~~,;~:i~ Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 422. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a corporation public utility July 26, 2005 as Instrument No. 2005-0631303, of Official Records a portion of said land 423. Covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, 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 Recorded: September 15, 2006 as File No. 659219 of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 424. A document entitled "Grant of Easement and Obligation to Convey", dated, September 15, 2006, executed by Arena) Road, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded September 15, ?006 as Instrument No. 2006-0659221, of Official Records. 425. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Leucadia County Water District Sewer pipe line January 3, 2007 as Instrument No. 2007-0004925, of Official Records A portion of said land more fully described in said document. THE FOLLOWING ITEMS AFFECT LOTS 10, 11, 12 & 16 OF PARCEL llA MAP 14984: 426. A document entitled "Agreement", dated, February 2, 1965, executed by Rancho La Costa, Inc., a corporation and San Diego Gas and Electric Company, subject to all the terms, provisions and conditions therein contained, recorded February 5, 1965 as Instrument No. 21960, of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND llfH A~\OCl,1,,rlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 427. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June I I, 1966 as Instrument No. 66-112556, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 428. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa Land Company, subject to all the terms, provisions and conditions therein contained, recorded May 31, 1972 as Instrument No. 72-137509, of Official Records. Reference is hereby made to said document for full particulars. 429. A document entitled "Amended Restated and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SP A Corporation, d/b/a La Costa Resort & SP A, subject to all the terms, provisions and conditions therein contained, recorded June 6. 2000 as Instrument No. 2000-295270. of Official Records. Reference is hereby made to said document for full particulars 430. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as lnstmment No. 2003-0063448. of Official Records. Reference is hereby made to said document for full particulars. 431. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 432. Notice of Restriction on Real Property Recorded:. February 25, 2003 as Instrument No. 2003-0210187, of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITH AS~OClArlll'-1 0 433. Notice of Restriction on Real Property SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD Recorded:. March 4, 2005 as Instrument No. 2005-01833 I 8, of Official Records Reference is hereby made to said document for full particulars. 434. Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4, 2005 as Instrument No. 2005-0183319, of Official Records Reference is hereby made to said document for full particulars. 435. Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4, 2005 as Instrument No. 2005-0183320, of Official Records Reference is hereby made to said document for full particulars. 436. A document entitled "Encroachment Agreement", executed by City of Carlsbad and KSL La Costa Resort Corporation, subject to all the terms, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183378, of Official Records. Reference is hereby made to said document for full particulars. 437. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract . Affects:. Lot 16, abutting Arenal Road, as set forth on Map 14984 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 438. Recitals as shown on that certain map of Carlsbad Tract No. 03-01-01 recorded March 18, 2005, as Map No 14984, which, among other things states: "Lots 10 and 11 are Condominium Lots and defined in Section 1350 of the Civil Code of the State of California, there will be 36 dwelling units on Lot 10 and 18 dwelling units on Lot 11 and is filed pursuant to Subdivision Map Act". Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 120 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ''"0 nm Title Association. C SCHEDULE B PART II -EXCEPTIONS (Continued) 439. Covenants Conditions and Agreements as set forth on Map 14984 and Map 15108. Reference is hereby made to said document for full particulars. Order No. 00082752-994-L T2-KD 440. A document entitled "Declaration Grant and Reservation of Main Road Easement Rights", dated, November 15, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company and KSL I, LLC, subject to all the terms, provisions and conditions therein contained, recorded December 9, 2005 as Instrument No. 2005-01058885, of Official Records. A document entitled "Supplemental Declaration, Grant and Reservation of Main Road Easement Rights", dated, July 10, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as Instrument No. 2006-05894 76, of Official Records Note: A document entitled "Supplementary Declaration, Grant and Reservation of Main Road Easement Rights", dated, July I 0, 2006, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded August 18, 2006 as Instrument No. 2006-0589476, of Official Records. 441. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 2007-0689714 of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic fonn. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 121 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMrn,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~;~~,;;,::~ Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 442. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 4. 2008 as Instrument No. 2008-577194 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Affects Lots 10, 11, 12 & 16 Map 14984 443. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. underground communication facilities August 16, 2012 as Instrument No. 2012-489337 of Official Records That portion of said land as described in the document attached hereto. 444. The effect of any failure to comply with the terms, covenants, conditions and provisions of the Lease described or referred to in Schedule A. 445. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 446. Any defect in or invalidity of, or other matters relating to the leasehold estate referred to herein, which would be disclosed by an examination of the unrecorded lease. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 122 AMERICAN LAND flTH SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD THE FOLLOWING ITEMS AFFECT PARCELS 11B AND 11B2: 447. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose: Recorded:. Affects:. San Diego Gas and Electric Company public utilities ingress, egress. April 16, 1954 in Book 5207, Page 161, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 448. An offer of dedication to public use of a portion of said land. Said offer was rejected on said map, but the subject to future acceptance under the provisions of section number 66477.2 of the government code of the State of California. Designated on Map No.:. As:. Note:. 5734 drainage easements A Resolution accepting previously rejected storm drain easement was recorded February 16, 1965 as Instrument No. 27697, of Official Records 449. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District power transmission and communication February 27, 1962 as Instrument No. 33068. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 450. A Waiver and release executed by Rancho La Costa, Inc., concerning the discharge of water from certain drainage outlets serving la Costa Valley Unit No. I and recorded April 8, 1964 as Instrument No. 63487. of Official Records. 451. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The Pacific Telephone and Telegraph Company public utilities, ingress, egress November 4, 1964 as Instrument No. 201453, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /--Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 123 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMFR1cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;;~~,;;~~: Title Association. 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 452. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Affects:. Recorded:. The Pacific Telephone and Telegraph Company public utilities, ingress, egress The route thereof affects a portion of said land and is more fully described in said document. December 3, 1964 as Instrument No. 21972, of Official Records 453. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego a storm drain January 13, 1965 as Instrument No. 6647, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 454. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego Truck movement February 16, 1965 as Instrument No. 27698, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 455. An easement for the purpose shown below and rights incidental thereto as set forth irr a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer, pipeline and pumping station July 9, 1965 as Instrument No. 123282, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 456. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Purpose:. Affects:. Map No. 5734 drainage and sewer That portion of said land more particularly described therein This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /--Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 124 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;:~~.:;::~ Title Association. SCHEDULE B PART II-EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 457. An offer of dedication to public use of a portion of said land. Said offer was rejected on said map, but is subject to future acceptance under the provisions of Section Number 664772.2 of the government code of the State of California. 5734 Designated on Map No.:. As:. As portion of Lot 146 reserved for future Street and portion of Lot 147 reserved for future Street 458. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. May 18, 1966 as Instrument No. 83027, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy ofa declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 459. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress May 25, 1966 as Instrument No. 87467, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part ~Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANO flTl.t ,\~\OCIAfll) ... 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 460. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress May 25, 1966 as Instrument No. 87468, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 461. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Arnold R. Brilhart and Verlye Brilhart, husband and wife street purposes and for sewer, water, gas, power, and telephone and other utilities October 7, 1966 as Instrument No. 162107, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 462. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112556, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 463. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress August 19, 1966 as Instrument No. 135110, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 126 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;:~~.:;:,'.~ Title Association. C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 464. The effect of the Deed from Rancho La Costa, Inc., a Nevada corporation to Marvin Kratter, a married man, recorded January 29. 1970 as Instrument No. 16983, of Official Records. Affects: Those rights which may vest in the owner of Lot 145 of La Costa Valley Unit No. 3 by implication or otherwise in the following: An easement and right of way for street purposes and for sewer, water, gas, power, telephone and other utility lines to be used in common with the Grantors and others over, upon and under those portions of Lots 146 and 14 7 of La Costa Valley Unit No. 3, in the County of San Diego, State of California, according to map thereof No. 5734, filed in the office of the County Recorder of San Diego County May 18, 1966, which are designated on said Map No. 5734 as "Portion of Lot 146 reserved for future Street", and portion of Lot 14 7 reserved for future street, as the above easement was reserved for the owner of Lot 145. 465. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District a pipeline or pipelines July 11, 1974 as Instrument No. 74-185051, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 466. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The Pacific Telephone and Telegraph Company public utilities, ingress, egress October 24, 1978 as Instrument No. 78-453782, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 467. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress December 3, 1979 as Instrument No. 79-507125, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LA;-10 TITl~ A)\OC.IAfll)!'< 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 468. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. 469. A Certificate of Compliance Executed by:. Compliance No.:. Recorded:. San Diego Gas and Electric Company public utilities, ingress, egress March 12. 1986 as instrument No. 86-095616. of Official Records The route thereof affects a portion of said land and is more fully described in said document. The City of Carlsbad Not shown July 24. 1986 as Instrument No. 86-308956 and 86-308957, both of Official Records 4 70. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", executed by Daniels Cablevision, Inc., a Delaware corporation and la Costa Hotel and SP A Corporation, d/b/a La Costa Resort and SPA, subject to all the terms, provisions and conditions therein contained, recorded June 6. 2000 as Instrument No. 2000-0295270. of Official Records. Reference is hereby made to said document for full particulars. 471. A Quitclaim of various easement from Leucadia Wastewater District (Formerly known as Leucadia County Water District), a governmental entity of the State of California to KSL La Costa Resort Corporation, a Delaware corporation, was recorded July 17. 2003 as Instrument No. 2003-0851230. of Official Records. 4 72. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 4. 2005 as Instrument No. 2005-0183318, of Official Records. Reference is hereby made to said document for full particulars. 473. The terms and provisions contained in the document entitled "Notice of Concerning Aircraft Environmental Impacts" recorded March 4. 2005 as Instrument No. 2005-0183319. of Official Records. Reference is hereby made to said document for full particulars. 474. The terms and provisions contained in the document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridors)" recorded March 4. 2005 as Instrument No. 2005-0183320. of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 128 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMrn,cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;:~~,;;,1,'.~ Title Association. C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 475. A document entitled "Certificate of Correction", dated, June 14, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27, 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 2007-0689714 of Official Records. THE FOLLOWING ITEMS AFFECT PARCELS 12A, 12B AND 12C: 476. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc., releases the County of San Diego from its responsibilities to maintain, drainage ditch and storm drain outlets, recorded April 8, 1964 as Instrument No. 63487, of Official Records. 477. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego drainage facilities February 16, 1965 as Instrument No. 27698, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 478. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District a sewer pipeline, pumping station and appurtenances July 9, 1965 as Instrument No. 123282, of Official Records Lots 31, 34 an 35 and 36, as shown on Map 15108 Note: A portion of Parcel 12B of said easement was eliminated by document recorded January 9, 2007 as Instrument No. 2007-0014694, of Official Records 479. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress June 11, 1966 as Instrument No. 112556, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 129 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMfR1cA, members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;;~~,;;~:~ Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 480. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112557, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 481. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego ingress and egress for repairing and maintenance of drainage facilities September 30, 1966 as Instrument No. 158817, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 482. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25. 1968 as Instrument No. 207883, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 483. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. pipelines March 21, 1969 as Instrument No. 49324 of Official Records Lots 32 and 33 of Parcel Al. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND rrru ,\~\OLIAflllN C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 484. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa Land Company, an Illinois corporation, subject to all the terms, provisions and conditions therein contained, recorded May 31, 1972 as Instrument No. 137509, of Official Records. 485. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. August 19, 1970 as Instrument No. 148260, of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Modification( s) of said covenants, conditions and restrictions Recorded:. September 2, 1970 as Instrument No. 70-159552, of Official Records 486. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 19, 1972 as Instrument No. 250710, of Official Records The exact location and extent of said easement is not disclosed of record 487. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress June 4, 1974 as Instrument No. 74-147403, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN UNO !Ill!: .\S\OCIArll>N --------------------------------~"~~·-=•+o-.. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 488. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District pipeline or pipelines October 15, 1974 as Instrument No. 74-0273988, of Official Records Lots 31 and 36 A portion of said easement lying within lots 31 and 36 of Map No. I 5108, was quitclaimed by an instrument recorded January 31, 2007 as Instrument No. 2007-0066991 of Official Records. 489. A document entitled "License Agreement", executed by Leucadia County Water District and La Costa Land Company, subject to all the terms, provisions and conditions therein contained, recorded January 15, 1975 as Instrument No. 75-010209, of Official Records. 490. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. public utilities, ingress, egress October 8, 1984 as Instrument No. 84-380189 of Official Records Lot 135 491. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Costa Real Municipal Water District public utilities, ingress, egress October 23, 1987 as Instrument No. 87-598022, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 492. A document entitled "Hold Harmless Agreement", dated, May 14, 1998, executed by La Costa Hotel and Spa Corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 8, I 999 as Instrument No. 1999-0012461, of Official Records. Reference is hereby made to said document for full particulars. 493. A document entitled "Amended Restated and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and SP A Corporation, d/b/a La Costa Resort & SP A, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-295270, of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LA'.\fD TITLE C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 494. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. 495. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063449, of Official Records. Reference is hereby made to said document for full particulars. 496. Notice of Restriction on Real Property Recorded:. February 25, 2003 as Instrument No. 2003-0210187, of Official Records Reference is hereby made to said document for full particulars. 497. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. public water line June 12, 2003 as Instrument No. 2003-0693206 of Official Records Lot32 498. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 26. 2005 as Instrument No. 2005-0631303, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 133 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~;~~,;;,'~! Title Association. 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 499. Recitals as shown on that certain map of Carlsbad Tract No. 03-01-02 recorded September 19, 2005, Map No. 15 !08, of Official Records, which among other things states: A) Building permits will not be issued for development of the subject property unless the appropriate agency determines that sewer and water facilities are available. B) Geotechnical caution: 1. Slopes steeper than 2 parts horizontal to l part vertical exist within the boundaries of the subdivision. 2. The owner on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geological failure, ground water seepage or land subsidence and subsequent damage that may occur on, or adjacent to, this subdivision due to its construction, operation or maintenance. 3. Building permits will not be issued for the project unless the local agency providing water and sewer services to the project provides written certification to the City that adequate water service and sewer facilities, respectively, are available to the project at the time of the application for the building permit, and the water and sewer capacity and facilities will continue to be available until the time of occupancy. Reference is hereby made to said document for full particulars. 500. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District, a public agency waterline November 18, 2005, Instrument No. 2005-1001407, of Official records Lot 36 501. A document entitled "Hold Harmless Agreement", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded December 7, 2005 as Instrument No. 2005-1054388, of Official Records. 502. A document entitled "Hold Harmless Agreement Geological Failure", executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded December 7, 2005 as Instrument No. 2005-1054387, of Official Records. 503. A document entitled "Grant of Easement and Consent", dated, February 22, 2006, executed by KSL La Costa Resort Co., LLC and a Delaware limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded March 14, 2006 as Instrument No. 2006-0175287, of Official Records. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 134 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMFR,cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~:;:~,:;:,'.~ Title Association. ~ ~ Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 504. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Purpose:. Recorded:. Affects:. public utilities, ingress, egress June 28, 2006 as Instrument No. 2006-0456945 of Official Records Lots 32 and 33 of Parcel Al 505. 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 covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law). Recorded: July 25, 2006 as Instrument No. 2006-0521704, of Official Records The Company will require that it be furnished a written statement from the Homeowners' Association of which said property owner is a member. Said statement should provide that all liens and /or assessments levied on said land has been paid up to and including the date of closing. In order to avoid unnecessary delays at the time of closing, we ask that you obtain and forward said statement at your earliest convenience. Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Modification( s) of said covenants, conditions and restrictions Recorded:. November 27. 2007 as Instrument No. 2007-0737756 of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LA.NOTITll .\5\0Cl/',flllN 0 0 Order No. 00082752-994-l T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 506. A document entitled "Declaration of Establishment of Easements for La Costa Resort Villas II", dated, July 18, 2005, executed by KSL La Costa Resort Co., LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded July 25, 2006 as Instrument No. 2006-0521705, of Official Records. Among other things, said document provides: A non-exclusive easement for the purpose of vehicular and pedestrian egress and ingress to and from Grantor's Property to Grantee's Parcels, certain parking rights, and use of non-exclusive use of easement areas and non- exclusive use easement area improvements. The provisions of said covenants, conditions and restrictions were extended to include the herein described land by an instrument Recorded:. September 4, 2007 as Instrument No. 2007-0582278 of Official Records 507. A document entitled "Declaration of Deed Restrictions", dated, July 26, 2006, executed by KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded July 28, 2006 as Instrument No. 2006-0534371, of Official Records. 508. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects: Leucadia County Water District pipe line January 3, 2007 as Instrument No. 2007-0004925, of Official Records Lot 36 and is more fully described in said document. 509. Certificate of Correction recorded August 21, 2007 as Instrument No. 2007-579692 of Official Records. 510. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District water line Aprill, 2008 as Instrument No. 2008-166954 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 511. The effect of any failure to comply with the terms, covenants, conditions and provisions of the Lease described or referred to in Schedule A. 512. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to Al TA licensees and Al TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American land Title Association. AMERICAN LAND flTH AS\OCl/11.rll>N C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 513. Any defect in or invalidity of, or other matters relating to the leasehold estate referred to herein, which would be disclosed by an examination of the unrecorded lease. THE FOLLOWING ITEMS AFFECT PARCEL 16 EASEMENT OVER 216-590-19: 514. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District sewer lines and pipelines February 27, 1962 as Instrument No. 33068, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Note: A portion of said easement was eliminated by an instrument recorded May 7, 1968 as Instrument No. 76668, of Official Records. 515. An Agreement, and the terms and conditions as contained therein Dated:. By and Between:. Recorded:. Regarding:. February 2, 1965 Rancho La Costa, Inc., a corporation and San Diego Gas and Electric February 5, 1965 as Instrument No. 21960, of Official Records Installation of gas and electric facilities Reference is hereby made to said document for full particulars. 516. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25. 1968 as Instrument No. 207883, of Official Records Note: Section 12956.1 of the government code provides the following: "lfthis document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LI\NO Tlll l AS~OC!!+.r!0:--1 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 517. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Carlsbad Municipal Water District pipeline purposes March 21, 1969 as Instrument No. 49324, of Official Records 518. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Leucadia County Water District sewer pipeline purposes December 3, 1969 as Instrument No. 21970 I, of Official Records 519. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and Spa Corporation, d/b/a La Costa Resort & Spa, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 520. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company, a corporation Underground electrical facilities June 25, 2003 as Instrument No. 2003-0753775, of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 138 AMERICAN LAND r!TI l .\S\OC!,\r\ON C Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 521. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449. of Official Records. Reference is hereby made to said document for full particulars. Agreement to modify the terms and provisions for full particulars. Executed by: KSL La Costa Resort Co., LLC, a Delaware limited liability company Recorded: November 21. 2003 as Instrument No. 2003-1401477 and August 25. 2004 as Instrument No. 2004-0810996. both of Official Records. 522. A Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4. 2005 as Instrument No. 2005-0183319. of Official Records Reference is hereby made to said document for full particulars. 523. A Notice of Restriction of Real Property Recorded:. March 4, 2005 as Instrument No. 2005-0183318. of Official Records Reference is hereby made to said document for full particulars. 524. A Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4. 2005 as Instrument No. 2005-0183320. of Ofiicial Records Reference is hereby made to said document for full particulars. 525. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company, a corporation public utility July 26. 2005 as Instrument No. 2005-0631302, of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND Tlfll AS.,OC!Artll~ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 526. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company Granted To:. Purpose:. Underground electric facilities, and appurtenances for the transmission and distribution of electricity Recorded:. Affects:. July 26, 2005 as Instrument No. 2005-0631303. of Official Records A portion of said land 527. Covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, 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 Recorded: February 21, 2006 as File No. 120295 of Official Records as amended by an instrument recorded September 15, 2006 as Instrument No 2006-0659233 of Official Records. Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 528. A document entitled "Grant of Easement and Obligation to Convey", dated, February 26, 2006, executed by and between La Costa Resort 75, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, recorded February 21, 2006 as instrument no. 2006-0120296, of Official Records. And amended by document recorded September 15, 2006 as instrument no. 2006-659234, of Official Records. THE FOLLOWING ITEMS AFFECT PARCEL 17 EASEMENT OVER 216-590-18: 529. A Waiver and Release Agreement between Rancho La Costa, Inc., and the County of San Diego wherein Rancho La Costa, Inc., releases the County of San Diego from its responsibilities to maintain drainage ditch and storm drain outlets, recorded April 8. 1964 as lnstrnment No. 63487. of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN Lr\:-.10 fl1H C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 530. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Leucadia County Water District A sewer pipe line, pumping station and appurtenances July 9, 1965 as Instrument No. 123282, of Official Records Note: A portion of Parcel 8 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598017, of Official Records. Note: A portion of Parcel 10 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598018, of Official Records. Note: A portion of Parcel 11 of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598019, of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded October 23, 1987 as Instrument No. 87-598020. of Official Records. Note: A portion of said easement was eliminated by document executed by Leucadia County Water District and recorded June I, 2000 as Instrument No. 2000-0289303. of Official Records. Note: A portion of easement eliminated by document recorded July 17, 2003 as Instrument No. 2003-0850435, official records and by document recorded July 17, 2003 as Instrument No. 2003-0851230, of Official Records. 531. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company public utilities, ingress, egress July 11. 1966 as Instrument No. 112557. of Official Records 532. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. November 25. 1968 as Instrument No. 207883. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 141 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMER1cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;;~~,::::~ Title Association. 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 533. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress September 17, 1974 as Instrument No. 74-251086, of Official Records a portion of said land 534. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Carlsbad Municipal Water District A pipeline or pipelines October 15, 1974 as Instrument No. 74-273988, of Official Records A portion of said easement lying within lots 31, 34,35 and 36 of Map No. 15108, was quitclaimed by an instrument recorded January 31, 2007 as Instrument No. 2007-0066991 of Official Records. 535. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Costa Real Municipal Water District public utilities, ingress, egress October 8, 1984 as Instrument No. 84-0380189, of Official Records 536. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and Spa Corporation, d/b/a la Costa Resort & Spa, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270. of Official Records. Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 142 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA AMrn,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ""0 m" Title Association. C Order No. 00082752-994-L T2-KD SCHEDULE B PART II-EXCEPTIONS (Continued) 537. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation , a Delaware corporation and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded January 17, 2003 as Instrument No. 2003-0063448, of Official Records. Reference is hereby made to said document for full particulars. 538. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449. of Official Records. Reference is hereby made to said document for full particulars. 539. A document entitled "Notice of Restriction on Real Property", dated, February 10, 2003, executed by the City of Carlsbad Planning Department, subject to all the terms, provisions and conditions therein contained, recorded February 25. 2003 as Instrument No. 2003-0210187. of Official Records. 540. A Notice of Restriction on Real Property Recorded:. March 4. 2005 as Instrument No. 2005-0183318. of Official Records Reference is hereby made to said document for full particulars. 541. A Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4, 2005 as Instrument No.2005-0183319, of Official Records Reference is hereby made to said document for full particulars. 542. A Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4. 2005 as Instrument No. 2005-0183320. of Official Records Reference is hereby made to said document for full particulars. 543. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. San Diego Gas and Electric Company, a corporation public utility July 26, 2005 as Instrument No. 2005-0631303, of Official Records This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND rlTll A5\0C1/\rl0~ --------------------------------.. -.~~'""~·~ ---·-------------------- 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 544. Covenants, conditions and restrictions (but omitting any covenant or restrictions, if any, based upon on race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, 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 Recorded: September 15, 2006 as file no. 659219 of official records, Note: Section I 2956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 545. A document entitled "Grant of Easement and Obligation to Convey", dated, September 15, 2006, executed by Arena! Road, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0659221, of Official Records. 546. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District Sewer pipe line January 3, 2007 as Instrument No. 2007-0004925, of Official Records A portion of said land more fully described in said document. THE FOLLOWING ITEMS AFFECT PARCELS 18 & 19 EASEMENTS OVER APN 216-590-19 & APN 216-590-18: 547. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas & Electric Company public utility October 16, 1956 in Book 6301, Page 162, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LAND rllH C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 548. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District sewer lines and pipe lines February 27. 1962 as Instrument No. 33068. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 549. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. County of San Diego ingress and egress February 16. 1965 as Instrument No. 27698. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 550. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipe line, pumping station and appurtenances July 9. I 965 as Instrument No. 123282. of Official records The route thereof affects a portion of said land and is more fully described in said document. 551. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas & Electric Company public utilities, ingress and egress July 11. 1966 as Instrument No. 112557. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 552. An easement for the purpose shown below and rights incidental thereto as set forth in a document. County of San Diego ingress and egress for repairing and maintenance of drainage September 30. 1966 as Instrument No. 158817, of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part //-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMFRICAN LANllllTtl A\\OC!AflON 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 553. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District pipeline March 21. 1969 as Instrument No. 49324. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 554. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipeline Decerhber 3. 1969 as Instrument No. 21970 I. of Official Records The route thereof affects a portion of said land and is more fully described in said document. 555. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipelines October 15, 1974 as Instrument No. 74-273988. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 556. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Costa Real Municipal Water District public utilities, ingress and egress October 8. 1984 as Instrument No. 84-380189. of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. 557. A document entitled "Hold Harmless Agreement Drainage", dated, October 28, 2002, executed by KSL La Costa Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063448. of Official Records .. 558. A document entitled "Hold Harmless Agreement Geological Failure", dated, October 28, 2002, executed by KSL Resort Corporation, a Delaware corporation, subject to all the terms, provisions and conditions therein contained, recorded January 17. 2003 as Instrument No. 2003-0063449. of Official Records .. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN lr\ND THH A~)OU-'rlON C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 559. A document entitled "Notice of Restriction on Real Property", dated, February 10, 2003, executed by KSL La Costa Resort Corporation, subject to all the tenns, provisions and conditions therein contained, recorded February 25. 2003 as Instrument No.2003-0210187, of Official Records. 560. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas & Electric Company underground electrical facilities June 25. 2003 as Instrument No. 2003-0753775, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 561. A document entitled "Notice of Restriction on Real Property", dated, January 11, 2005, executed by KSL Development, subject to all the tenns, provisions and conditions therein contained, recorded March 4. 2005 as Instrument No. 2005-0183318, of Official Records . 562. A document entitled "Notice Concerning Aircraft Environmental Impacts", dated, January 11, 2005, executed by KSL Development, subject to all the tenns, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183319, of Official Records. 563. A document entitled "Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor(s)", dated, January 11, 2005, executed by KSL Development, subject to all the tenns, provisions and conditions therein contained, recorded March 4, 2005 as Instrument No. 2005-0183320. of Official Records. 564. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas & Electric Company public utility July 26, 2005 as Instrument No. 2005-0631303. of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 147 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMFR1cAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;,~~.:;,',:: Title Association. 0 SCHEDULE B PART 11 -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 565. Easements, Covenants, Conditions and Restrictions in the deed from KSL La Costa I, LLC, a Delaware limited liability company to La Costa Resort 75, LLC, a California limited liability company, which recorded February 21, 2006 as Instrument No. 2006-0120295 of 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. Modification(s) of said covenants, conditions and restrictions Recorded:. September 15, 2006 as Instrument No. 2006-0659233 of Official Records 566. A document entitled "Grant of Easement and Obligation to Convey", dated, February 26, 2006, executed by and between La Costa Resort 75, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, recorded February 21, 2006 as instrument no. 2006-0120296, of Official Records. And amended by document recorded September 15, 2006 as instrument no. 2006-659234. of Official Records. 567. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 21, 2006 as Instrument No. 2006-0120298 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 148 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA AMrn,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;;~~.:;:,'.~ Title Association. C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 568. Easements, Covenants, Conditions and Restrictions in the deed from KSL Land Corporation, a Delaware corporation to Arenal Road, LLC, a California limited liability company, which recorded September 15. 2006 as File No. 659219 of 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. 569. A document entitled "Grant of Easement and Obligation to Convey", dated, September 15, 2006, executed by Arena! Road, LLC, a California limited liability company and KSL La Costa I, LLC, a Delaware limited liability company, subject to all the terms, provisions and conditions therein contained, recorded September 15, 2006 as Instrument No. 2006-0659221. of Official Records. 570. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. September 15, 2006 as Instrument No. 2006-0659223 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: lfyou should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Modification( s) of said covenants, conditions and restrictions Recorded:. September 15. 2006 as Instnnnent No. 2006-0659236 of Official Records This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic fonn. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA.NO f!Tll AS\OC!A.r!O~ ------------------------------------~'t"--·--------------------- 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 571. Any rights of tenants in possession of said Land, with no rights of first refusal to purchase or any options to purchase all or any portion of the Land, based on any unrecorded lease, or leases. Tenants: LC TRS, Inc.; Enterprise Rent-a Car Company of Los Angeles, LLC; Chobra Enterprises, LLC A document entitled "Subordination Agreement, Ackowledgment of Lease Assignment and Estoppel", dated, December 13, 2010, executed by LC Investment 2010, Inc., a Delaware corporation doing business in California LC Resort Investment 2010, Inc., successor-in-interest to Fillmore LC Investment, LLC, a Delaware limited liability company, LC TRS, Inc., a Delaware corporation, and Wells Fargo Bank, National Association, subject to all the terms, provisions and conditions therein contained, recorded December 15, 2010 as Instrument No. 2010-0693180, of Official Records. A document entitled "Subordination Agreement, Ackowledgment of Lease Assignment, Estoppel, Attornment and Non-Disturbance Agreement", dated. December 13, 2010, executed by LC Investment 2010, Inc., a Delaware corporation, Chopra Enterprises, LLC, a California limited liability company and Wells Fargo Bank, National Association, subject to all the terms, provisions and conditions therein contained, recorded January 19, 2011 as Instrument No.2011-0033725, of Official Records. 572. An unrecorded lease with certain terms, covenants, conditions and provisions as set forth therein as disclosed by a document. Lessor: Lessee: Disclosed By Recorded: LC Investment 2010, Inc., a Delaware corporation doing business in California LC Resort Investment 2010, Inc., successor-in-interest to Fillmore LC Investment, LLC, a Delaware limited liability company LC TRS, Inc., a Delaware corporation Subordination Agreement, Acknowledgment of Lease Assignment and Estoppel December 15, 2010 as Instrument No. 2010-693180, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 573. An unrecorded lease with certain terms, covenants, conditions and provisions as set forth therein as disclosed by a document. Lessor: LC Investment 20 l 0, Inc., a Delaware corporation Lessee: Chopra Enterprises, LLC, a California limited liability company Disclosed By Subordination Agreement, Acknowledgment of Lease Assignment, Estoppel, Attomment and Non-Disturbance Agreement Recorded: January 19. 2011 as Instrument No. 2011-0033725. of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN lA/ltD TITllo C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 574. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Carlsbad Municipal Water District public water easement November 29, 2011 as Instrument No. 2011-0635768 of Official Records The route thereof affects a portion of said land and is more fully described in said document. An agreement, which states that easement is subordinate to the Deed of Trust, recorded: December 14, 2010, as Instrument No. 2010-0689195 by an agreement: Recorded: November 29, 2011 as Instrument No. 2011-635767, of Official Records Affects Parcels 216-590-01 & 216-593-0 I 575. The effect of any failure to comply with the terms, covenants, conditions and provisions of the lease described or referred to in Schedule A. 576. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors and their successors in interest, in the lease described or referred to in Schedule A. 577. Any defect in or invalidity of, or other matters relating to the leasehold estate referred to herein, which would be disclosed by an examination of the unrecorded lease. THE FOLLOWING MATTERS AFFECT PARCEL 20A: 578. An easement for the purpose shown below and rights incidental thereto as set forth in a document. San Diego Gas and Electric Company public utilities, ingress, egress Granted To:. Purpose:. Recorded:. Affects:. October I 6, 1956 as Instrument No. 145345 in Book 6301, page 162 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 579. An easement for the purpose shown below and rights incidental thereto as set forth in a document. The County of San Diego ingress and egress February 16, 1965 as Instrument No. 27698 of Official Records Granted To:. Purpose:. Recorded:. Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN LAND fll I l 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 580. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects: Leucadia County Water District a sewer pipe line, pumping station and appurtenances July 9, 1965 as Instrument No. 123282 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 581. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112557 of Official Records The route thereof affects a portion of said land and is more fully described m said document. 582. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego ingress and egress and maintenance of drainage September 30. 1966 as Instrument No. 158817 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 583. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipelines October 15, 1974 as Instrument No. 74-273988 of Official Records Granted To:. Purpose:. Recorded:. Affects: The route thereof affects a portion of said land and is more fully described m said document. 584. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Costa Real Municipal Water District public utilities, ingress and egress October 8, 1984 as Instrument No. 84-380189 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described m said document. The effect of a quitclaim deed from Carlsbad Municipal Water District, a public agency to Arena! Road LLC, as recorded January 26, 2009 as Instrument No. 2009-0034454 of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA.NO TIT! l AS~OCUrlON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 585. Covenants, conditions and restnctlons ("but omitting, except to the extent that said covenant or restnctlon is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. September 15. 2006 as Instrument No. 2006-0659219 of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Affects: Parcel A-2 586. A document subject to all the terms, provisions and conditions therein contained. Entitled: Grant of Easement and Obligation to Convey Recorded: September 15. 2006 as Instrument No. 2006-0659221 of Official Records Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL 20B: 587. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District sewer lines and pipelines February 27. 1962 as Instrument No. 33068 of Official Records Granted To:. Purpose:. Recorded:. Affects: The route thereof affects a portion of said land and is more fully described in said document. Note: A portion of said easement was eliminated by an instrument recorded May 7. 1968 as Instrument No. 76668 of Official Records. 588. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Carlsbad Municipal Water District pipeline April 21, 1969 as Instrument No. 49324 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part If-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LI\ND TlrH .\S<,OU,..rlO"' 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 589. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. Leucadia County Water District sewer pipeline December 3, 1969 as Instrument No. 219701 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 590. An easement for the purpose shown below and rights incidental thereto as set forth in a document. 591. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company, a corporation public utilities, ingress, egress June 25, 2003 as Instrument No. 2003-0753 775 of Official Records The route thereof affects a portion of said land and is more fully described document. m said An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress July 26, 2005 as Instrument No. 2005-0631303 of Official Records The route thereof affects a portion of said land and is more fully described m said document. 592. Covenants, conditions and restrictions ("but om1ttmg, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 21, 2006 as Instrument No. 2006-0120295 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." 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. Modification(s) of said covenants, conditions and restrictions Recorded:. September 15, 2006 as Instrument No. 2006-0659233 of Official Records This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALT A licensees and ALT A members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMfRICAN LANO TITll AS~OC!Ar!ON C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 593. A document subject to all the terms, provisions and conditions therein contained. Entitled: Grant of Easement and Obligation to Convey Recorded: February 21, 2006 as Instrument No. 2006-0120296 of Official Records Reference is hereby made to said document for full particulars. First Amendment to Grant of Easements and Obligation to Convey, recorded September 15, 2006 as Instrument No. 2006-0659234 of Official Records. 594. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restnctton is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded:. February 21, 2006 as Instrument No. 2006-0120298 of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision {p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." First Amendment to Declaration of Development Covenants, Conditions and Restrictions, recorded September 15, 2006 as Instrument No. 2006-0659236 of Official Records. THE FOLLOWING MATTERS AFFECT PARCELS 20A AND 20B: 595. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: January 17, 2003 as Instrument No. 2003-0063448 of Official Records Reference is hereby made to said document for full particulars. 596. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Geological Failure Recorded: January I 7, 2003 as Instrument No. 2003-0063449 of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B. Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMF RICAN lAc'ID flTll .\~\OCIAflll~ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 597. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: February 25, 2003 as Instrument No. 2003-0210187 of Official Records Reference is hereby made to said document for full particulars. 598. The terms and provisions contained in the document entitled "A Notice of Restriction of Restriction of Real Property" recorded March 4, 2005 as Instrument No. 2005-0183318 of Official Records. 599. The terms and provisions contained in the document entitled "A Notice of Concerning Aircraft Environmental Impacts" recorded March 4, 2005 as Instrument No. 2005-0183319 of Official Records. 600. The terms and provisions contained in the document entitled "A Notice of Waiver Concerning Proximity to the Planned or Existing El Camino Real Transportation Corridor(s)" recorded March 4, 2005 as Instrument No. 2005- 0183320 of Official Records. 60 I. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: October 9, 2007 as Instrument No. 2007-0650786 of Official Records Reference is hereby made to said document for full particulars. 602. A Deed of Trust with Assignment of Rents to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Recording Date: Recording No: $6,500,000.00 October 4, 2016 LC INVESTMENT 2010, LLC, a Delaware limited liability company Chicago Title Company, a California corporation VRE LA COST A, LLC, a Missouri limited liability company October 11, 2016 2016-0544 I 40, of Official Records THE FOLLOWING ITEMS AFFECT PARCELS 21, 22 AND 23: 603. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities ingress, egress April 16, 1954 in Book 5207. Page 161, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LA~D Tllll: C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 604. An offer of dedication to public use of a portion of said land. Said offer was rejected on said map, but the subject to future acceptance under the provisions of section number 664 77.2 of the government code of the State of California. Designated on Map No.: 5734 As: drainage easements Note: A Resolution accepting previously rejected storm drain easement was recorded February 16, 1965 as Instrument No. 27697, of Official Records 605. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Carlsbad Municipal Water District power transmission and communication February 27, 1962 as Instrument No. 33068, of Official Records The route thereof affects a portion of said land and is more fully described m said document. 606. A Waiver and release executed by Rancho La Costa, Inc., concerning the discharge of water from certain drainage outlets serving la Costa Valley Unit No. I and recorded April 8, 1964 as Instrument No. 63487, of Official Records. 607. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The Pacific Telephone and Telegraph Company public utilities, ingress, egress November 4, 1964 as Instrument No. 201453, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 608. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Affects: The Pacific Telephone and Telegraph Company public utilities, ingress, egress Recorded: December 3, 1964 as Instrument No. 21972, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 609. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The County of San Diego A storm drain January 13, 1965 as Instrument No. 6647, of Official Records Affects: The route thereof affects a portion of said land and is more fully described m said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 157 AMF RICAN LA;,./D fl flt .\.S\OCIArll).._ 0 0 Order No. 00082752-994-L T2-KD SCHEDULE B PART 11 -EXCEPTIONS (Continued) 610. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The County of San Diego Truck movement February 16, 1965 as Instrument No. 27698, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 611. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Leucadia County Water District sewer, pipeline and pumping station July 9. 1965 as Instrument No. 123282, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 612. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Easement Purpose: Affects: Map No. 5734 drainage and sewer That portion of said land more particularly described therein 613. An offer of dedication to public use of a portion of said land. Said offer was rejected on said map, but is subject to future acceptance under the provisions of Section Number 664 772.2 of the government code of the State of California. Designated on Map No.: 5734 As: As portion of Lot 146 reserved for future Street and portion of Lot 147 reserved for future Street 614. Covenants, conditions and restrictions ("but om1ttmg, except to the extent that said covenant or restnct10n is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: May 18, 1966 as Instrument No. 83027. of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND fllll A~'>oc1.-.noN C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. 615. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress May 25, 1966 as Instrument No. 87467, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 616. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress May 25, 1966 as Instrument No. 87468, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 617. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Arnold R. Brilhart and Verlye Brilhart, husband and wife street purposes and for sewer, water, gas, power, and telephone and other utilities October 7, 1966 as Instrument No. 162107, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 618. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress July 11, 1966 as Instrument No. 112556, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part /-Requirements; and Schedule B, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 159 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~~;:~,;;~:! Title Association. 0 SCHEDULE B PART 11 -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 619. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company public utilities, ingress, egress August 19. 1966 as Instrument No. 135110, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 620. The effect of the Deed from Rancho La Costa, Inc., a Nevada corporation to Marvin Kratter, a married man, recorded January 29, 1970 as Instrument No. 16983, of Official Records. Affects: Those rights which may vest in the owner of Lot 145 of La Costa Valley Unit No. 3 by implication or otherwise in the following: An easement and right of way for street purposes and for sewer, water, gas, power, telephone and other utility lines to be used in common with the Grantors and others over, upon and under those portions of Lots 146 and 14 7 of La Costa Valley Unit No. 3, in the County of San Diego, State of California, according to map thereof No. 5734, filed in the office of the County Recorder of San Diego County May 18, 1966, which are designated on said Map No, 5734 as "Portion of Lot 146 reserved for future Street", and portion of Lot 147 reserved for future street, as the above easement was reserved for the owner of Lot 145. 621. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Carlsbad Municipal Water District a pipeline or pipelines July l l. 1974 as Instrument No. 74-185051, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 622. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: The Pacific Telephone and Telegraph Company public utilities, ingress, egress October 24, 1978 as Instrument No. 78-453782, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 623. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress December 3. 1979 as Instrument No. 79-507125. of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 AL TA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B. Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C 165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITll AS\OCIMION C Order No. 00082752-994-L T2-KD SCHEDULE B PART II -EXCEPTIONS (Continued) 624. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: San Diego Gas and Electric Company public utilities, ingress, egress March 12, 1986 as Instrument No. 86-095616, of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document. 625. A Certificate of Compliance Executed by: Compliance No.: The City of Carlsbad Not shown Recorded: July 24, 1986 as Instrument No. 86-308956 and 86-308957, both of Official Records 626. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", executed by Daniels Cablevision, Inc., a Delaware corporation and la Costa Hotel and SPA Corporation, d/b/a La Costa Resort and SP A, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. Reference is hereby made to said document for full particulars. 627. A Quitclaim of various easement from Leucadia Wastewater District (Formerly known as Leucadia County Water District), a governmental entity of the State of California to KSL La Costa Resort Corporation, a Delaware corporation, was recorded July 17. 2003 as Instrument No. 2003-0851230. of Official Records. 628. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 4, 2005 as Instrument No. 2005-0183318, of Official Records. Reference is hereby made to said document for full particulars. 629. The terms and provisions contained in the document entitled "Notice of Concerning Aircraft Environmental Impacts" recorded March 4, 2005 as Instrument No. 2005-0183319, of Official Records. Reference is hereby made to said document for full particulars. 630. The terms and provisions contained in the document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridors)" recorded March 4, 2005 as Instrument No. 2005- 0183320, of Official Records. Reference is hereby made to said document for full particulars. 631. A document entitled "Certificate of Correction", dated, June I 4, 2007, executed by Douglas R. Melchior, Land Surveyor, and David A. Hauser City Engineer of the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 27. 2007 as Instrument No. 2007-430797 of Official Records. And also Correction recorded October 29, 2007 as Instrument No. 2007-0689714 of Official Records. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B. Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LANDT!llt -l5~0C!l'.rtO~ 0 SCHEDULE B PART II -EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 632. Easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map of: Map 14984 Purpose: open space easement Affects: over, upon, across, and under Lots I, 3, 25, 26, 27 and 28 633. The fact that the ownership of said land does not include rights of access to or from the street or highway abutting said land, such rights having been relinquished by the map of said tract. Affects: Lots 16 and 21 in and to Arena! Road, from Lots l, 4, 20 and 21 in and to El Camino Real from Lot I in Gibraltar Street, Lot 28 in and to Alga Road, Lot 27 in and to Caleta Court and Estrella De Mar Road, as set forth on Map 14984 Said land however, abuts upon a Public thoroughfare other that the road referred to above, over which rights of vehicular ingress and egress have been relinquished. 634. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Fillmore LC Invesments, LLC, a Delaware limited liability company access March 15, 2010 as Instrument No. 2010-0125502, of Official Records The route thereof affects a portion of said land and is more fully described m said document. And re-recorded on April 20, 2010 as Instrument No. 2010-0194125, of Official Records THE FOLLOWING ITEMS AFFECT PARCELS 24 AND 25: 635. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. San Diego Gas and Electric Company public utilities, ingress, egress April 16, 1954 as Instrument No. 49841, in Book 5207, Page 161, of Official Records The route thereof affects a portion of said land and is more fully described in said document. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule 8, Part /I-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 162 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMfRlcAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ~;;~~,;;,','.~ Title Association. C SCHEDULE B PART II -EXCEPTIONS (Continued) Order No. 00082752-994-L T2-KD 636. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:. Purpose:. Recorded:. Affects:. The County of San Diego drainage February 16, 1965 as Instrument No. 27698, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 637. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: The County of San Diego Truck Movement September 30, 1966 as Instrument No. 158817, of Official Records The exact location and extent of said easement is not disclosed of record Said easement is Granted for the maintenance, repair, replacement, reconstruction and inspection of all drainage facilities contained in the drainage easements and within La Costa Valley Unit No. 4, in the County of San Diego, State of California, according to map thereof No. 5781. 638. A document entitled "Amended and Restated Cable Television Hotel Bulk Billing Agreement and Grant of License", dated, April 25, 2000, executed by Daniels Cablevision, Inc., a Delaware corporation and La Costa Hotel and Spa Corporation, d/b/a La Costa Resort & Spa, subject to all the terms, provisions and conditions therein contained, recorded June 6, 2000 as Instrument No. 2000-0295270, of Official Records. 639. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: PAR 72, LLC, a California limited liability company drainage October 5, 2004 as Instrument No. 2004-0945988, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 640. Notice of Restriction on Real Property Recorded:. March 4, 2005 as Instrument No. 2005-0183318, of Official Records Reference is hereby made to said document for full particulars. 641. Notice of Concerning Aircraft Environmental Impacts Recorded:. March 4, 2005 as Instrument No. 2005-0183319, of Official Records Reference is hereby made to said document for full particulars. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitmentfor Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 163 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA ,M,.,c,N members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land '.;;~~,;;~:: Title Association. 0 SCHEDULE B PART II-EXCEPTIONS (Continued) 0 Order No. 00082752-994-L T2-KD 642. Notice of Waiver Concerning Proximity of the Planned or Existing El Camino Real Transportation Corridor(s) Recorded:. March 4, 2005 as Instrument No. 2005-0 I 83320. of Official Records Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT ALL PARCELS: 643. A lien for unsecured property taxes filed by the tax collector of the county shown, for the amount set forth, and any other amounts due. County: Taxpayer: Amount: Recording Date: Recording No: San Diego L C Investment 2010 Inc $918.45 December 19, 2014 2014-0561067, of Official Records 644. 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. 645. 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. 646. 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. END OF SCHEDULE B, PART II -EXCEPTIONS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Page 164 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA AMERICAN members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land ""0 m" Title Association. C Order No. 00082752-994-L T2-KD INFORMATIONAL NOTES 1. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 2. Note: 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. 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 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. 72C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 165 AMERICAN LA.NO TITlE >,~\(J(JA110N 0 ::1V/1RE SAFE™ Inquire before you wire! Wire Fraud Alert 0 This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Page 166 WIRE0016 (DSI Rev. 12/07/17) C 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 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 collect personal personal information about you, like your contact information, information from you via applications, forms, and correspondence address demographic information, social security number (SSN), we receive from you and others related to our transactions with driver's license, passport, other government ID numbers and/or you. When you visit our websites from your computer or mobile financial information. We may also receive browsing information device, we automatically collect and store certain information from your Internet browser, computer and/or mobile device if you available to us through your Internet browser or computer visit or use our websites or applications. equipment to optimize your website experience. Use of Collected Information. We request and use your When Information Is Disclosed. We may disclose your personal information to provide products and services to you, to information to our affiliates and/or nonaffiliated parties providing improve our products and services, and to communicate with you services for you or us, to law enforcement agencies or about these products and services. We may also share your governmental authorities, as required by law, and to parties contact information with our affiliates for marketing purposes. whose interest in title must be determined. Choices With Your Information. Your decision to submit Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain information from children who are under the age of 13, and our disclosure or use of your information or choose to not provide any website is not intended to attract children. personal information to us. Privacy Outside the Website. We are not responsible for the International Users. By providing us with your information, you privacy practices of third parties, even if our website links to those consent to its transfer, processing and storage outside of your parties' websites. country of 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 Access and Correction; Contact Us. If you desire to contact us to us or by using our website, you are accepting and agreeing to regarding this notice or your information, please contact us at the terms of 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 1, 2017 MISC0219 (OSI Rev. 9/18/17) Page 167 Order No. 00082752-994-L T2-KD 0 0 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 are 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 of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information 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 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 Information 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; FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (OSI Rev. 9/18/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 168 Order No. 00082752-994-L T2-KD C • 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 • 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 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 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 Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not 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 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 affirm 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. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (OSI Rev. 9/18/17) Page 169 Order No. 00082752-994-LTZ-KD 0 0 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 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 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 For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer 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 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 1, 2017 MISC0219 (OSI Rev. 9/18/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 170 Order No. 00082752-994-L T2-KD C ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land: (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'$ POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'$ 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 ii. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 171 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 0 0 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 AL TA 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B -Part 11,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One -CA (Rev. 05-06-16) Page 172 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. C {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.} 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: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7. {Variable exceptions such as taxes, easements, CC&R's, etc. shown here.} Attachment One -CA (Rev. 05-06-16) Page 173 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 0 0 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d}, 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b} or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 174 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association.