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HomeMy WebLinkAboutCDP 16-46; KOBAYASHI SECOND DWELLING UNIT; Coastal Development Permit (CDP)0 CC*fo LAND USE REVIEW De lopment Services Planning Division Carl APPLICATION1635 Faraday Avenue-bad P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) CD?0 Coastal Development Permit XMinor 4.0 General Plan Amendmentto-14 . O Conditional Use Permit 0 Minor Extension 0 Local Coastal Program Amendment O Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment Ej Habitat Management Permit El Minor [11 Zone Change 0 Hillside Development Permit 0 Minor 0 Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits O Planned Development Permit 0 Minor Review Permit 0 Residential Non-Residential El Administrative ['Minor Major O Planning Commission Determination O Reasonable Accommodation Village Review Area Permits O Site Development Plan 0 Minor El Review Permit O Special Use Permit Administrative Minor Major O Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) O Variance 0 Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).://01'6/op° PROJECT NAME: 011AYt ct 0446. 45-/E419/444ae-eDy/W-eilaBRIEF DESCRIPTION OF PROJECT: k gf yzi6 -fi 'cz1'41( BRIEF LEGAL DESCRIPTION:r p LOCATION OF PROJECT:Vlbcfav 1/..e.0 STREET ADDRESS ON THE:V1/151--SIDE OF ra.vg- (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN 70/14441k.AND r- YVIA41/01/L‘ (NAME OF STREET)ME OF STREET) 0 5D- P-1 Page 1 of 6 DivRevised 03/16 0 OWNER NAME 3 (Print):<A 4.31F (...„..gypPLICANTNAME (Print):kile...„ MAILING ADDRESS:C1815"fart pk MAILING ADDRESS:e)._/47 5 t--.e CITY,STATE, ZIP:rjgr(40444 CA-iidde CITY, STATE, ZIP: TELEPHONE •Atof(eq.'IN TELEPHONE:0 •IF -ti EMAIL ADDRESS:ni-/Ohxya5hig #141 a EMAIL ADDRESS:Caro totee ca kite_lee GO b11 • I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APP ICATION. 6 -e-;MAO Ct19741/\.LNATURE DATE SIGNATURE 41/1"-- 1 APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/VVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. nittjatiPethOWNER SIGNATUa 711f° FOR CITY USE ONLY RECEIVED OCT 2 1 2016 cif OF CARLSBAD DATE STAIVIR APKWONIAMENIEDt_ •RECEIVED BY: P-1 Page 2 of 6 Revised 03/16 •• (Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)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 addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part Title Title Address Address 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) IT:1limrk11 itrial KIPAyttS tt Corp/Part Title Vru/vs•Title Address -31°95"r.i.eK.Address 00/15 (miff °Ivo 3' P-1(A)Page 1 of 2 Revised 07/10 I Mill MI MN 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Pr 'Th 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? nYes XrNo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signatur of owner/a(te Signature of applicant/date n nu/KoHooui ciefuL CtiqP hit& (e../Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 r*Av rook MISOMMUMMISIMINEMI MUM I (city a PROJECT DESCRIPTION Development Services Planning Division Carlsbad P1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:(Ko&aya5 -Gt(gpteq--14A.5 APPLICANT NAME:C__-iv'tta 7- troCeq A'k-z/(44(terA 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: ecoktd obit/dirt vitt F wtH4 anIcref-e 6 af a er -in P-1(B)Page 1 of 1 Revised 07/10 HAZARDOUS WASTE Development Services City Of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610P-1(C)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 California Environmental Protection Agency and hereby certify that (check one): The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Name:CA/.417/ `---ao (Re/Name:(2•3-At I--N al/fai I<Vbayil3k.1 Address:2711 .5'.171 14 451—•G Address:3qts -t3rvive... cavf56Air CA lUdW Phone Number: '‘.7 Is - -T -1131 Phone Number:l 1l 0 -mg -elloc Address of Site:OS"rari<-Vit• 1./Local Agency (City and County):C?/(445frtlef Assessor's book, page, and parcel number:Sei —Of Specify list(s): Regulatory Identification Number: Date of List: cae(ie 1 /I*7Applicant Signature/Da Property Owne Signature/DaYe 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 ,A...10.1041111111111•11 Iftymmo .e MINORC•ity of COASTAL DEVELOPMENT PERMIT/Development Services C Planning Division Carlsbad SINGLE FAMILY RESIDENCE APPLICATION 1635 Faraday Avenue (760) 602-4610 P-6 www.carlsbadca.gov A proposed project requiring multiple applications must be submitted prior to 3:30 p.m.A proposed project requiring only one application must be submitted prior to 4:00 p.m. All joint application exhibits, i.e. Tentative Map and Planned Development Site Plan should be prepared at the same scale.(Use a scale no smaller than 1" =40'.) I.GENERAL BACKGROUND A.Estimated Cost of Development: Development costing $60,000 or more does not qualify as a Minor Coastal Development Permit. The City Planner shall make the final determination regarding a project's cost of development. The primary basis for determining cost of development will be the application of dollar costs per square foot for different types of residential construction.These costs are set by the International Conference of Building Officials (ICBO) and are applied throughout San Diego County. Please complete the following information to assist in the determination of this project's cost of development (Contractor proposals may also be submitted for consideration by the City Planner).Please refer to the current fee schedule for the appropriate $/square foot fee rate. New Residential Square Footage: Res4012 square feet x $Mt//sq. ft. =$1011'2.6 ential Addition Square Footage: square feet x $/sq. ft. =$ Any Garage Square Footage: square feet x $/sq. ft.=$ Residential Conversion Square Footage: square feet x $/sq. ft.=$ Please contact the City of Carlsbad Building Division for current fee rate for Non- Residential uses (i.e.Retail/Store;Restaurants; Office; and Manufacturing/Warehouse uses.) square feet x $/sq. ft. =$ COST OF DEVELOPMENT ESTIMATE:$ B.Do you wish to apply for: 1.A Minor Coastal Development Permit (Under $60,000 cost estimate) 2.A Coastal Development Permit ($60,000 or more cost estimate)D C.Street address of proposed development •4111-To/Aft<Pr- 1'vz P-6 Page 1 of 6 Revised 08/16 • 0 D.Assessor's Parcel Number of proposed development `U1 -Ile -(1690.0 E.Development Description: Briefly describe project:g-(nN--107 fi s-tciva ovt 4(`51-ti F.Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North:5 f South:S East:- 1 -K44 F. v.DYl 0 1440.--,p'd_e_. West:Cg fi lc; G.Is project located within a 100-year flood plain?0 Yes 15kNo II.PRESENT USE OF PROPERTY A.Are there existing structures on the property?(es 0 No If yes, please describe. s.f hevk Wi 5- 18" s F B.Will any existing structure be removed/demolished?0 Yes 'o If yes to either question, describe the extent of the demolition or removal, including the relocation site, if applicable (also show on plans). III.LOT COVERAGE A.Existing and Proposed Existing Proposed Total Building Coverage 4 2ssq.ft.26Li1 sq. ft.eilk_sq. ft.;33.% Landscaped Area 2-(et.l'sq. ft.0 sq. ft.I In'sq.ft.% Hardscape Area 211-5 sq. ft.114-sq. ft.295- 11 sq. ft.14 2 Unimproved Area (Left Natural)N-.:sq. ft.sq. ft._-sq. ft.% P-6 Page 2 of 6 Revised 08/16 1111.11111101111111111111111111111111111111111 mom 0 • B.Parking:Number of existing spaces Number of new spaces proposed Existing/Proposed TOTAL: Number of total spaces required Number of covered spaces `2•-• Number of uncovered spaces Number of standard spaces Number of compact spaces 0 Is tandem parking existing?El Yes #No Is Is tandem parking proposed? Yes #v.No C.Grade Alteration: Is any grading proposed?Yes 111 No If yes, please complete the following: 1.Amount of cut ZS cu. yds. 2.Amount of fill ^7 •C cu. yds. 3.Maximum height of fill slope /feet 4.Maximum height of cut slope feet 5.Amount of import or export cu. yds. 6.Location of borrow or disposal site AI A. P-6 Page 3 of 6 Revised 08/16 TITLE TITLE365SNAPS1-10T 8880 Rio San Diego Drive, Suite 1100, San Diego, CA 92108GRADETollFree: (877)365-9365 I Direct: 619-564-5641 I Fax: 855-629-7811 Title is Vested in C.•Gary L.Kobayashi and Nancy T. Kobayashi, (co)Trustees of The Gary L.Kobayashi and Nancy T. Kobayashi Inter Vivos Trust dated Feb 3, 2016 What does this grade Mean?Issues to Pay or Clear at Closing A =No title curative issues B =Issues to pay or clear Issue Description C =Liens to clear D =Title curative issues •Junior Secured Lien(s)The record reflects one or more unreleased Security Instruments.Payoff or Subordination may REO transactions only:be necessary. E =REO curative issues •Taxes Due Property taxes are currently due and payable. R =IRS curative issues •Trust The Property is vested in a Trust.A copy of the Trust Agreement and/or Certification of Trust may be required. Prepared On October 18, 2016 Liens to Clear/Potential Failure of Title Order Number Issue Description CA0410-16016172-41 •Unreleased Sr. Mortgage Unreleased senior mortgages are recorded that are Loan Number not shown as released. Property Address 3985 Park Drive Carlsbad, CA 92008 Questions For questions regarding this Title Snapshot, please contact: Jerry Digdigan & Matt Dishman The Title Snapshot is intended for informational purposes only.It is not intended as a guaranty: 619-564-5641 affirmation.inde inification or certification of any fa'1,insurance coverage or conclusion of law to any JerryDigdigan@title365.com insured or party .v 0 transaction.No liability for reliance thereon is inferred.implied expressed TITLE 8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108 Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629-7811 PRELIMINARY REPORT Title365 Company Our Order No.:CA0410-16016172-41 8880 Rio San Diego, Suite 102 Your Reference:3985 Park San Diego, CA 92108 When Replying Please Contact: Attn:For Sale By Owner (San Diego)Title365 Company 8880 Rio San Diego Drive, Suite 1100 San Diego, CA 92108 Attn:Jerry Digdigan & Matt Dishman 619-564-5641 Todays Date:October 18, 2016 Property Address: 3985 Park Drive, Carlsbad, CA 92008 In response to the application for a Policy of Title Insurance, Title365 Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein and/or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies of Title Insurance are set forth in Exhibit B attached.The policy to be issued may contain an arbitration clause.When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.Copies of the Policy forms should be read.They are available from the office which issued this report. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Exhibit B of this report carefully.The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the Policy or Policies of Title Insurance and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a Policy or Policies of Title Insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a Policy or Policies of Title Insurance, a Binder or Commitment should be requested. Dated as of October 4, 2016, at 07:30 AM. Jerry Digdigan & Matt Dishman Title Officer Jerry.Digdigan©title365.com The form of policy of title insurance contemplated by this report is: ALTA Loan Policy 2006 with ALTA Endorsement-Form 1 Coverage ALTA Owner's Policy (1/01/08)Underwritten by: First American Title Insurance Company 'Preliminary Report I Created: 10/18/2016 I CA0410-16016172-41 0 SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel(s) A. An easement more described below as to Parcel(s)B and C. Title to said estate or interest at the date hereof is vested in: Gary L.Kobayashi and Nancy T. Kobayashi, (co)Trustees of The Gary L.Kobayashi and Nancy T. Kobayashi Inter Vivos Trust dated Feb 3,2016 The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Parcel A: Parcel 1 of Parcel Map No. 12803 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14,1983. Parcel B: An easement and right of way for drainage over, along and across that portion of Parcel 2 of Parcel Map No. 12803,in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14,1983, delineated thereon as "private 10' drainage easement." Parcel C: An easement for ingress and egress for road purposes over, along and across that portion of Parcel 2 of Parcel Map No. 12803, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14,1983, described as follows: Beginning at the intersection of the southeasterly line of said Parcel 2 at its intersection with the Northerly line of Tamarack Avenue as shown on said Parcel Map; thence along the said Northerly line of Tamarack Avenue, North 63 degrees 49 minutes 23 seconds West, 1.19 feet to a tangent 534 foot radius curve concave to the South; thence along said curve through a central angle of 3 degrees 05 minutes 32 seconds for a distance of 28.82 feet to the most Southerly corner of Parcel 3 of said Parcel Map; thence along the boundary common to Parcels 2 and 3,North 26 degree 11 minutes 00 seconds East, 95.00 feet; thence continuing north 26 degrees 11 minutes 00 seconds East, 56.93 feet; thence at right angles South 63 degrees 49 minutes 00 seconds East, 30.00 feet to the boundary line common to said Parcels 1 and 2; thence along said common boundary, South 26 degrees 11 minutes 00 seconds West, 50.00 feet to the most Westerly corner of said Parcel 1;thence continuing along the boundary of Parcel 2,South 26 degrees 11 minutes 00 seconds West, 101.15 feet to the point of beginning. APN: 207-120-66-00 !Preliminary Report-A Created: 10/18/2016 I CA0410-16016172-41 mommim....1.••1 SCHEDULE B At the date hereof, Exceptions to coverage,in addition to the printed Exception and Exclusions contained in said policy form would be as follows: 1.General and Special City and/or County taxes, including any personal property taxes and any assessments collected with taxes, for the fiscal year 2016 -2017: 1st Installment:$2,963.46 Open Penalty:$296.34 2nd Installment:$2,963.46 Open Penalty:$306.34 Exemption:$7,000.00 Code Area:09000 Assessment No.207-120-66-00 2.Assessments, if any, for community facility districts affecting said land which may exist by virtue of assessment maps or notices filed by said districts.Said assessments are collected with the County Taxes. 3.The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. 4.Water rights, claims or title to water in or under said land, whether or not shown by the public records. 5.Easements for ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement Parcel(s) herein described as granted and/or reserved in various deeds of record. Affects: Parcels B and C 6.An easement for the purpose shown below and rights incidental thereto as granted in a document: Granted to:WM. G. Kerckhoff Co. Purpose:telephone, and/or electric poles and line and for sewer, water and/or gas mains and pipelines Recorded:September 18,1944 in Book 1745 and Page 197, of Official Records. Affects:The exact location and extent of said easement is not disclosed of record 7.A covenant and agreement, upon the terms and conditions therein: Executed By:Marjorie Howard-Jones In Favor of:City of Carlsbad Recorded:May 25, 1983 as Instrument Number 83-173925, of Official Records. Reference is made to said document for full particulars. 8.A covenant contained in deed recorded June 13,1984 as File No. 84-220615 of Official Records to-wit: The use of said Parcels B and C 'is restricted so that no living tress shall be removed therefrom". 9.The matters contained in an instrument entitled Hold Harmless Agreement, Drainage Dated:March 21, 2001 By and Between: Gary L.Kobayashi and Nancy T. Kobayashi upon the terms therein provided. Recorded:May 1,2001 at Instrument Number 2001-0270977, of official records. 'Preliminary Report-B I Created: 10/18/2016 I CA0410-16016172-41 10.Deed of Trust to secure angebtedness in the amount shown below,agany other obligations secured thereby: 'Amount:$203,150.00 Dated:December 24, 1993 Trustor:Gary L.Kobayashi, Nancy T. Kobayashi Trustee:Master Mortgage Company, a California Corporation Beneficiary:First Nationwide Bank, a Federal Savings Bank Recorded:December 29, 1993 as Instrument Number 1993-0879509 of Official Records. a.By mesne assignments of record, the beneficial interest under said deed of trust was assigned to: Assignee: First Nationwide Mortgage Corporation Mailing Address:Not Set Out Loan No.:328542 Dated:October 3,1996 Last Recorded Assignment:September 23, 1997 as Instrument Number 1997-0467531 of Official Records. 11.Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$525,000.00 Dated:May 21, 2001 Trustor:Gary L.Kobayashi and Nancy T. Kobayashi; husband and wife as joint tenants Trustee:Capital Bank of North County Beneficiary:Capital Bank of North County Recorded:May 29, 2001 as Instrument Number 2001-0341838 of Official Records. 12.Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$472,500.00 Dated:November 2, 2012 Trustor:Gary L.Kobayashi and Nancy T. Kobayashi, husband and wife, as joint tenants Trustee:Adelita A. Shubert Beneficiary:Mortgage Electronic Registration System, Inc. MERS is a separate corporation that is acting solely as a nominee for Watermark Capital Inc. Recorded:November 8,2012 as Instrument Number 2012-0698220 of Official Records. 13.Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount:$250,000.00 Dated:September 6, 2014 Trustor:Gary L.Kobayashi and Nancy T. Kobayashi, husband and wife, as joint tenants Trustee:American Securities Company Beneficiary:Wells Fargo Bank, N.A. Recorded:September 29, 2014 as Instrument Number 2014-0421156 of Official Records. a.The above security instrument is reflected as an equity line loan or a revolving line of credit.Said instrument must be closed or subordinated at or prior to closing. 14.If title is to be insured in the trustee(s) of a trust or their act is to be insured, we will require a full copy of the trust agreement and any amendments thereto.In certain situations the Company may accept a Trustee certificate pursuant to Section 18100.5 of the California Probate Code for the trust agreement.The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. Name of Trust: The Gary L.Kobayashi and Nancy T. Kobayashi Inter Vivos Trust dated Feb 3,2016 15.In order to complete this report, this Company requires a Statement of Information to be completed by the following party(ies), Party(ies): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement(s) of Information. END OF SCHEDULE B !Preliminary Report-B I Created: 10/18/2016 I CA0410-16016172-41 TITLE 8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108 Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629-7811 Attn: Borrower: Lenders Supplemental Report The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows: A.This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance . This report discloses nothing, which would preclude the issuance of said American Land Title Association loan policy of title insurance with endorsement No. 100 attached thereto. B.The improvements on said land are designated as: Single Family (Residential) 3985 Park Drive, in the City of Carlsbad, County of San Diego, State of California. C.Pursuant to information provided to Title365 Company as of the date hereinabove, the proposed insured loan amount is $1.00 with the proposed insured lender being . D.The only conveyance(s) affecting said land recorded with 24 months of the date of this report are as follows: Deed Type:Quitclaim Deed Grantor:Gary L.Kobayashi and Nancy T. Kobayashi, husband and wife Grantee:Gary L.Kobayashi and Nancy T. Kobayashi, (co)Trustees of The Gary L.Kobayashi and Nancy T. Kobayashi Inter Vivos Trust dated Feb 3,2016, as may be amended from time to time Recorded:February 11,2016 as Instrument Number 2016-0061377, of Official Records. 'Lenders Supplemental Report Created: 10/18/2016 I CA0410-16016172-41 TITLE 8880 Rio San Diego Drive, Suite 1100, San Diego,CA 92108 Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629 -7811 Notes and Requirements Section Note 1:On July 1,1985, Assembly Bill 3132 became effective.Assembly Bill 3132 adds and repeats portions of Sections 480.3 and 480.4 of the Revenue and Taxation Code of the State of California. The act requires the County Assessor and/or Recorder to make available a statutorily prescribed form entitled "Preliminary Change of Ownership Report".Said report must be completed by the buyer and filed concurrently with the recordation of the documents evidencing the change of ownership.Failure to present the Change of Ownership Report at the time of recordation will cause the County Recorder to charge an additional $20.00 penalty recording fee.The fee cannot be charged if the transfer document is accompanied by the affidavit stating that the buyer/transferee is not a resident of the State of California.This report is for official use only and is not open to public inspection. For further information, contact the Change of Ownership Section in the Assessor's Office located in the County of said property or the County Recorder's Office located in the County of said property. Note 2:Attached are Privacy Policy Notices in compliance with the Gramm-Leach-Bliley Act (GLBA) effective July 1,2001.Please review said Notices regarding personal information. Note 3:The map attached hereto may or may not be a survey of the land depicted thereon.You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted.This company expressly disclaims any liability for alleged loss or damage which may result from reliance upon this map. Note 4:Part of the RESPA Rule to simply and improve the process of obtaining mortgages and reduce consumer settlement costs requires the settlement agent to disclose the agent and underwriter split of title premiums, including endorsements as follows: Line 1107 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title agent. Title365 Company retains % of the total premium and endorsements. Line 1108 is used to record the amount of the total title insurance premium, including endorsements, that is retained by the title underwriter.First American Title Insurance Company retains %of the total premium and endorsements. 'Notes and Requirements I Created: 10/18/2016 I CA0410-16016172-41 11•11111111111111 0TITLE 8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108 Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629-7811 Notice Regarding Your Deposit of Funds California Insurance Code Sections 12413 et.Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to disbursement.Funds deposited with the Company by wire transfer may be disbursed upon receipt.Funds deposited with the Company via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit.If funds are deposited with by other methods, recording or disbursement may be delayed.All escrow and sub-escrow funds received by the Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial institution selected by the Company.The Company and/or its parent company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit received by the Company and/or its parent Company.Those benefits may include, without limitation, credits allowed by such financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans, accounting,reporting and other services and products of such financial institution.Such benefits shall be deemed additional compensation of the Company for its services in connection with the escrow or sub-escrow.If funds are to be deposited with Title365 Company by wire transfer, they should be wired to the following bank/account: Wiring Instructions for this Office Wire To:City National Bank 1801 West Olympic Blvd. Los Angeles, CA 90006 Attn:Wire Department ABAIRouting No.:122016066 Bank Account:555270917 Account Name:Title 365 Company Reference Order No.:CA0410-16016172-41 Property Address:3985 Park Drive Carlsbad, CA 92008 Attention:Jerry Digdigan & Matt Dishman 'Notes and Requirements I Created: 10/18/2016 I CA0410-16016172-41 _MigliMIN1111101111.111111111M1 NI III 0 TITLE 8880 Rio San Diego Drive, Suite 1100,San Diego, CA 92108 Toll Free: (877)365-9365 Direct: 619-564-5641 Fax: 855-629-7811 WIRE INSTRUCTIONS For incoming wire transfers please use the following information for the transfer of funds to Title365 Company Wire To:City National Bank 1801 West Olympic Blvd. Los Angeles, CA 90006 Attn:Wire Department ABA/Routing No.:122016066 Bank Account:555270917 Account Name:Title 365 Company Reference Order No.:CA0410-16016172-41 Property Address:3985 Park Drive Carlsbad, CA 92008 Attention:Jerry Digdigan & Matt Dishman PLEASE NOTE:OUR OFFICE DOES NOT ACCEPT ACH TRANSFERS,THESE INSTRUCTIONS ARE FOR THE PURPOSE OF SENDING WIRE TRANSFERS ONLY. ALL INCOMING WIRE TRANSFERS MUST CONTAIN OUR ORDER NUMBER,PROPERTY ADDRESS OR PRINCIPAL'S NAME FOR IDENTIFICATION PURPOSES. Do not hesitate to contact the undersigned should you or your financial institution have any questions with regards to the information provided above. Sincerely, Title365 Company Jerry Digdigan & Matt Dishman Title Officer Jerry.Digdigan©title365.com 619-564-5641 IWire Instructions Created: 10/18/2016 I CA0410-16016172-41 PRIVACY POLICY NOTICE We are committed to safeguarding customer information; When we request information from you or about you,it is for our own legitimate business purposes and not for the benefit of any unaffiliated party; We use personal consumer information only for legitimate business purposes in a manner consistent with title insurance and escrow practices in compliance with applicable laws and regulations; We will obey the laws governing the collection, use, and dissemination of personal data; and We will endeavor to educate our employees on the responsible collection and use of personal information. PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act ("GLBA") generally requires a financial institution (which term includes title insurers, underwritten title companies and those providing real estate settlement services) to disclose to all its customers the privacy policies and practices with respect to information sharing of consumer nonpublic personal information with both affiliates and non-affiliated third parties.In compliance with GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Title365 Company This disclosure does not apply to business,commercial or agricultural transactions. We may collect nonpublic personal information about you from the following sources: 1.Information we receive from you, such as on applications or other forms. 2.Information about your transactions we secure from our files, or from our affiliates or others. 3.Information we receive from a consumer-reporting agency. 4.Information we receive from others involved in your transaction, such as the real estate agent, lender, surveyor or appraiser. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to non-affiliated third parties as permitted by law.This includes,but is not limited to,financial service providers (e.g., banks, consumer finance lenders, securities and insurance companies, etc.), non-financial companies (e.g., settlement or fulfillment service providers, or title plant operated by a third party vendor). WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. 'Privacy Policy Notice I Created: 10/18/2016 J CA0410-16016172-41 .w wow •EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Parcel A: Parcel 1 of Parcel Map No. 12803 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14,1983. Parcel B: An easement and right of way for drainage over, along and across that portion of Parcel 2 of Parcel Map No. 12803,in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14, 1983, delineated thereon as "private 10' drainage easement." Parcel C: An easement for ingress and egress for road purposes over, along and across that portion of Parcel 2 of Parcel Map No. 12803, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, July 14,1983, described as follows: Beginning at the intersection of the southeasterly line of said Parcel 2 at its intersection with the Northerly line of Tamarack Avenue as shown on said Parcel Map; thence along the said Northerly line of Tamarack Avenue, North 63 degrees 49 minutes 23 seconds West, 1.19 feet to a tangent 534 foot radius curve concave to the South; thence along said curve through a central angle of 3 degrees 05 minutes 32 seconds for a distance of 28.82 feet to the most Southerly corner of Parcel 3 of said Parcel Map; thence along the boundary common to Parcels 2 and 3, North 26 degree 11 minutes 00 seconds East, 95.00 feet; thence continuing north 26 degrees 11 minutes 00 seconds East, 56.93 feet; thence at right angles South 63 degrees 49 minutes 00 seconds East, 30.00 feet to the boundary line common to said Parcels 1 and 2; thence along said common boundary, South 26 degrees 11 minutes 00 seconds West, 50.00 feet to the most Westerly corner of said Parcel 1;thence continuing along the boundary of Parcel 2, South 26 degrees 11 minutes 00 seconds West, 101.15 feet to the point of beginning. APN: 207-120-66-00 'Exhibit A I Created: 10/18/2016 I CA0410-16016172-41 .......mixismemommee 1 0 0 A FfelgREillI°911 04 51 .011''.414s.tsliiii.@ ,t-IfEGEt'Orf6E318111111111111111111M 207-12 -e:\-Z- 4.0 A.f., '. 44.,5HT.I ...,m_ I;N i Of'4 1.1 . ,1.:..114.' 7y•°/rJ H.Tittiri-11111111111111 Ua..../...4.•0 .00`ri•‘'.CAN.;..f ,.PEEENOEI!!11111111111111 II 4;,a T.;'6.' . ..'' .vi r O l'I 0#'.„„•. -s.1 .'s'° `11Fii.LI ..... 7. Nio ..4k,'. '..I-_e it0 P°R 2 ,''I ...''''i.,'.V ft *...pAtc 18'.4 •s • ,)ii...);444 .4 el 1 0 a.,/. V „17' i It mu/ f if Tt`441 t 'sr 4 itt 41 13 9t.4 '9.s .1n r .' ?4:.C\ .\-r if .7 / •,/:r., 04 '.5 Pl11/ f 81 .•, e.( igi0'f PA"'0 Ma .a ' 14.,OVIASo .. O9 4 Nit e ,...s9 . • ..".4'4 4'@/' @•..,r.).t.,,, 42/.4,1.•••'is ..:.tr e .„- 1 .....i., E.D00*..keSX —'' c 0 .I.A ....pt....,OP @ ./,.',..4e. ET ' '-'00'0 '.•0 ' 4 /../.4.'•.47 . O Z \.0 .4 .0 'i."..;8 „i...\f ®`.a pAA3 •›.'/,r.?.74 6 O 2 e .00,.0,...9 ..„8....„.,e -14 ,7 ....."4 4'' .6 ..,,0 . ,.p6.......„......5 - 1.;%210 U '...,43"'212 "i •/ 0 1 X s .MA l'+'4 10 .V i 4 .•••..„n 4„0 ' ,,,,/U ,• >1 ,i.0 C 1 ,t 1>42 1,11.roil t.::. 3 •,•61 ,.., ,s. 1 el*....0 A1 0..14 ..4 'Ye p;•i''.k44 ,..23 k,otr ••4,.' (11 *4'.•t;. ImPoOsinialeMIQOMWISES DU 00111111T6 I ‘.,..,.. .C13. KMII:111V.001.04.( EOSIN(killEaSrort.S 4 ,..r.MU V Ulf OMI tC01.9111=11 OINK Wan 0tieeOr 1.1AP gal .VALLEY 11040 SW MOPf.29.2'1 COW 14149)01 41 4 V 04 12 2151 -BELLAVISTA A ;Z) P i g ,-,°.=1Al0.0 0. 1 _ This map is for your aid in locating the subject property with reference to streets and other parcels.While this map is believed to be correct, Title365 Company and subsequent insurance companies, assume no liability for any loss occurred by reason of reliance thereon. 1Plat Map I Created: 10/18/2016 I CA0410-16016172-41 CI)EXHIBIT B (REVISED 11-17-06P 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 wise 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;(10 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 froma violation or alleged violation effecting the land has been recorded in the public records at Date of Policy.(b)My 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 fromaviolation or alleged violation affecting the land has been recorded in the public records et 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;(10 not known to the Company, not recorded In the public records at Date of Pokey, 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) attadting 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.Unenforceabilky of the Ilen ofthe 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 indebted-less, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unentorceebillty 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 truthIn lending law. 6.My 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.(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 bya 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.My encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by en accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims;(10 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.My lien or right to alien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/22/03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions InSchedule 13,You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of any law or government regulation.This includes ordinances, laws and regulators concerning:a.building, b.zoning, c.Land use d.improvements on the Land, e.Land division, f.environmental protection.This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears in the Public Records at the Policy Date.This Exclusion does not limit the coverage described In Covered Risk 14, 15, 18, 17 or 24. 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 apply to violations of building codes If notice of the violation appears in the Public Records at the Policy Dale. 3.The right to take the Land by condemning it, unless: a.a notice of exercising the right appears in the Public Records at the Policy Date; orb.the taking happened before the Policy Date and is binding on Youif You bought the Land without Knowing of the taking. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;b.that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 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 Risk11 or18. LIMITATIONS ON COVERED RISKS Your Insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductibie Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Arnow"Our Maximum Dollar Limit of Liability Covered Risk 14:1 %of Policy Amount or $2,500 (whichever Is less)510,000 Covered Risk 16:1 %of Policy Amount or $5,000 (whichever is less)525,000 Covered Risk 16:1 %of Policy Amount or $5,000 (whichever Is less)525,000 Covered Risk 18:1 %of Policy Amount or 52,500 (whichever is less)55,000 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-147) 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 any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning:• land use • improvements on the land •land division • environmental protection.This exclusion does not apply to violations or the enforcement of these matters which appearIn the public records at Policy Date.This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it, unless: •a notice of exercising the right appears in the public records 'on the Policy Date 'the taking happened prior to the Policy Date and is binding on you If you bought the land without knowing of the taking 3.Title Risks: 'that are created, allowed, or agreed to by you 'that are known to you, but not to us, on the Policy Date -unless they appeared in the public records "that result In no loss to you 'that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Tote Risks 4.Failure to pay value for your title. 5.Lack of a right: 'to any land outside the area specifically described and referred to in Item3 of Schedule A OR 'in streets, alleys, or waterways that touch your land.This exclusion does not limit the access coverageIn Item 5 of Covered Title Risks. ALTA LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT-FORM 1 COVERAGE 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)Mylaw, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I)the occupancy, use, or enjoyment of the land; 00 the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership ora change In the dimensions or area of the land or any parcel of which the land is or wasa 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 ora notice of a defect, lien or encumbrance resufting 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 ora 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 Inthe public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be landing on the rigors Of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse taims or other maaers:(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 (except to the extent that this policy Insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or(e) resulting in loss or damage which would not have been sustainedlithe 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 the Insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the stateInwhich 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 tending law. 6.Mystatutory lien for services, labor or materials (or the claim of priority of any statutory lien toservices, labor or materials over the lien of the Insured mortgage) arising from an improvement or work relatedthe land which is contracted for and commenced subsequent to Date of Policy and Is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the Insured has advanced or is obligated to advance. 7.Any claim, which arises out of the transaction creating the interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on:(I)the transaction creating the interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer,orill) the subordination of the interest of the insured mortgagee as a resua of the application of the doctrine or equitable subordination; oriiii) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure:(a)to timely record the instrument of transfer; or(b) of such recordation to impart notice to a purchaser for value or a judgement or lien creditor.The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.(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 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),0:0.or (c)are shown by the Public Records. 6.My lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA LOAN POLICY (06.17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Mylaw, 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 emoted on the Land; (iil) the subdivision of land; or (lI 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 Inwriting 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 create 'Exhibit B Created: 10/18/2016 1 CA0410-16016172-41 0 •'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 LandIs situated. 5.Invalidity or unenfondeability in whole or in part of the nen 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. 8.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 00 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 This policy does not insure against loss or damage (and the Company will not pay coats, attorneys' fees or expenses) that arise by reason of. 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 Intaxes or assessments, or notices ofsuch 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 shownIn the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by personsIn 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 drcumstance 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. 8. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA OWNER'S POLICY (10.17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of 1.(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to 0) the occupancy, use, or enjoyment of the land;(t1)the character, dimensions or location of any Improvement now or hereafter erected on the land;(I11)aseparation in ownership ore change in the dimensions or area of the land or any parcel of which the land is or was a part; or Ov)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)Mygovernmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof ore 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 Dale 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) created, suffered, assumed or agreed to by the Insured clalmant;(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 ifthe Insured claimant had paid value for the estate or interest insured by this policy. 4.My claim, which arises out of the transaction vesting in the insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: 0) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or Oh the transaction creating the estate or interest Insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the Instrument of transfer, or 00 of such recordation to Impart notice to a purchaser for value or a judgement or lien creditor.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 WI also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.(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 bya 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 fads, 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 Ttie 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 exceptionsIn 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)am shown by the Public Records. 8. Any lien or right to a nen for services, labor or material not shown by the public records. 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 wig 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 ()the occupancy, use, or enjoyment of the Land; (II)the character, dimensions, or location of any improvement erected on the Land;010the 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 Risk5.(b) Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 8. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or8. 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 Pudic 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) resultingIn loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4.Any claim, by mason of the operation of federal bankruptcy, state Insolvency. or similar creditors' rights laws, that the transaction vesting the Tale 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 *this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or*ladlingbetween 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 Ina 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 mason of: 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 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. 8. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10113I01)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)My law,ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or misting to (t) the occupancy, use, or enjoyment of the Land; 00 the character,dimensions or location of any Improvement now or hereafter erected on the Land;(111)a separation in ownership or a change In the dimensions or areas 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 govemmeMal regulations, except to the extent that s notice of the enforcement thereof ora notice of a defect, lien or encumbrance resulting from aviolation or alleged violation affecting the Land has been recorded in the Public Records at Date of Poky.This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 18 of this policy(b) Any governmental ponce power not excluded by (a) above, except to the cadent that a notice of the exercise thereofore 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.This exclusion does not limit the coverage provided under Covered Risks 12,13,14, and 16 of this 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) 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 pollcy;(c) resulting in no loss or damage to the insured Cialmant;(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 18, 18,19,20, 21, 22, 23, 24, 25 and 28); or(e)restating in loss or damage which would not have been sustained if the insured Claimant had paid value for the Insured Mortgage. 4.Unenforceabillty 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 applicable doing business laws of the state In which the Land Is situated. 5.Invalidity or unenforceabilfty 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 8.Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy.This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 28. 7.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 limit the coverage provided in Covered Risk 8. 8.Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known tothe Insured at:(a) The time of the advance; or(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of Interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification.This exclusion does not limit the coverage provided in Covered Risk8. 9.The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This exclusion does not apply to violations of building codes ifnotice of the violation appears in the Public Records at Date of Policy. For large print please view at www.title365.com under menu option Resources. 'Exhibit B Created: 10/18/2016 CA0410-16016172-41 MOIrOntS •0 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Applicant:DOOLEY CAROLINE Description Amount CDP16046 872.00 3985 PARK DR CBAD Receipt Number:R0121030 Transaction ID:R0121030 Transaction Date:10/21/2016 Pay Type Method Description Amount Payment Check 872.00 Transaction Amount:872.00 .. 0 0 City of -Carlsbad •Faraday Center Faraday Cashiering 001 1629501 -1 10/21/2016 149 Fri,Oct 21,2016 12:24 PM Receipt Ref Nbr:R1629501 -1/0023 PERMITS -PERMITS Iran Ref Nbr:162950101 0023 0024 Trans/Rcpt#:R0121030 SET #:CDP16046 Amount:1 @ $872.00 Item Subtotal:$872.00 Item Total:$872.00 1 ITEM(S)TOTAL:$872.00 Check (Chk#4580)$872.00 Total Received:$872.00 Have a nice day! **************CUSTOMER COPY*************