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CDP 2017-0062; DONAHUE ADDITION; Coastal Development Permit (CDP)
X11 yo LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue 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) Coastal Development Permit Minor General Plan AmendmentCr19-1.011'0Csa El Conditional Use Permit Local Coastal Program AmendmentElMinor['Extension El Day Care (Large)El Master Plan El Amendment Environmental Impact Assessment El Specific Plan El Amendment Ili Habitat Management Permit ['Minor El Zone Change El Hillside Development Permit Minor 111 Zone Code Amendment El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits ri Planned Development Permit Minor El Review Permit ['Residential Non-Residential ['Administrative 111 Minor Major Planning Commission Determination Reasonable Accommodation Village Review Area Permits El Site Development Plan ['Minor Review Permit El Special Use Permit Administrative Minor n Major Tentative Parcel Map (Minor Subdivision) El Tentative Tract Map (Major Subdivision) El Variance El Minor 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):\(-k --c-Al©(C)C3 LOCATION OF PROJECT:A=7/y .7)(A:5 y C-ct9C/A cet--Fry CA 412..C>\\ (STREET ADDRESS) NAME OF PROJECT:1)Ct"%A \Nc (3 Cr-4.-k)•D o BRIEF DESCRIPTION OF PROJECT:AzDc)CAc›Se-lc C2C1:" rYN 6Y•Lf-N•51ztea PROJECT VALUE 4••s--- 2 760 ESTIMATED COMPLETION DATE (SITE IMPROVEMENTS) Afer-b-iihk FOR CITY USE ONLY Development No.OVV 2.411 -02.03 Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME (PLEASE PRINT)APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME I /9 INDIVIDUAL NAME (if applicable):liL (2_./ 1.-S.CJ C7 (if applicable): COMPANY NAME COMPANY NAME (if applicable):(if applicable):Pi n"\Q-- MAILING ADDRESS:AloP.-1 '- 0(1q:S'y (\MAILING ADDRESS: CITY, STATE, ZIP:c:„„r\s\„.A_..).c___A .1-LOA CITY, STATE, ZIP: TELEPHONE:CNGAC) 04CA -..6\5 \TELEPHONE: EMAIL ADDRESS:gvcsAIA......e_322 fp „r...N5y.c.wik EMAIL ADDRESS: 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 PURP SES OF THIS APPLICATION. ;\-->,-DcNe-3.Aktel—IA ir7 IGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LA2 D AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY REC71VED SEP 1 8 2017 CITY OF CARLSBAD DdiViAlhisipliAlkOtakIRECEIVED RECEIVED BY: AlOtd-I n M . P-1 Page 2 of 6 Revised 03/17 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 theshares.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 corfiorate officers.(A separate page may be attached if necessary.) Person Corp/Part Title C7- - -\/‘"‘4 Title Address Address 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having anyownershipinterestinthepropertyinvolved.Also,provide the nature of the legalownership(i.e.,partnership,tenants in common,non-profit,corporation,etc.).If theownership includes a corporation or partnership, include the names, titles, addresses ofall individuals owning more than 10% of the shares.IF NO INDIVIDUALS OWN MORETHAN10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THESPACEBELOW.If a publicly-owned corporation,include the names,titles,andaddresses of the corporate officers.(A separate page may be attached if necessary.) Person V.6.mt Corp/Part Title co Title Address /4'"/-of-4:sy Address '4•S-AS\-r)re.).--CA.(19 24A\ P-1(A)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 Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. q /947 Signature of owner/date Signature of applicant/date 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 (City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P1 (B)1635 Faraday Avenue(760)602-4610 www.carisbadca.gov PROJECT NAME: --DorAd -'*—A APPLICANT NAME://4....• 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: 4 =Do -,5e.T-Lexc. 67-y 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) 602-4610 P-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): g 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. [1 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:Name: Address:to.firlress:k. c-A 2....gA\ Phone Number:Phone Number(74'48f c-k—a.ck5 Address of Site:/'f'(VA.'S y G \•Gek-ck c-VA z-c•\\ Local Agency (City and County): Assessor's book, page, and oarcet number: V Specify list(s):_ Regulatory Identification Number: • Date of List: Applicant Signature/Date 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 MINOR City of COASTAL DEVELOPMENT PERMIT/Development Services SINGLE FAMILY RESIDENCE Planning Division Carlsbad APPLICATION 1635 Faraday Avenue (760) 602-4610 P-6 www.carlsbadca.gov 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 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: square feet x $/sq. ft. =$ Residential Addition Square Footage:LiciS square feet x $//.c /sq. ft. =$S 7,7*30,.f.c) 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)DK1 2.A Coastal Development Permit ($60,000 or more cost estimate) C.Street address of proposed development P-6 Page 1 of 6 Revised 05/17 D.Assessor's Parcel Number of proposed development (--kkO —0E3 E.Development Description: Briefly describe project: 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 1e_..r.;y South: East: West: G.Is project located within a 100-year flood plain? Yes V No II.PRESENT USE OF PROPERTY A.Are there existing structures on the property? Yes No If yes, please describe. B.Will any existing structure be removed/demolished?111 Yes No 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 sq. ft.sq. ft.sq. ft. Landscaped Area sq. ft.sq. ft.sq. ft. Hardscape Area sq. ft.sq. ft.sq. ft. Unimproved Area (Left Natural)sq. ft.sq. ft.sq. ft. P-6 Page 2 of 6 Revised 05/17 B.Parking:Number of existing spaces ‘PN Number of new spaces proposed cp. Existing/Proposed TOTAL:.)• Number of total spaces required Number of covered spaces s), Number of uncovered spaces a Number of standard spaces Number of compact spaces 0 Is tandem parking existing? Yes #No Is tandem parking proposed? Yes #fz No C.Grade Alteration: Is any grading proposed? Yes X1 No If yes, please complete the following: 1.Amount of cut cu. yds. 2.Amount of fill 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 P-6 Page 3 of 6 Revised 05/17 of STORM WATER STANDARDS Development Services41„...City QUESTIONNAIRE Land Development EngineeringCarlsbadE-34 1635 Faraday Avenue (760)602=2750 www.carlsbadca.gov To address Pest-development pollutants that may be generated from development polecats, Mai city development andsignificant redevelopment priority projects incorporate Pemument Storm Water BeresquirestManthat newemenPractices (SMPs) into the project design per Carlsbad. BMP Design Manual (31v1P Manual).To view the EIMPManual.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 arid/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 MINA.Depending on theoutcome,your project will either be subject to 'STANDARD PROJECT requirements or be subject to 'PRIORITYDEVELOPMENT PROJECT (PDP) mquirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.Citystaffhasresponsibilityformakingthefinalassessmentafter 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 inmakethe itiallyassessed by you. this will result in the return of the development application as incomplete.In this case, pleasechanges 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 thequestions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only onecompletedandsignedquestionnaireismqukedwhenmultipledevelopment applications for the same project aresubmitted concurrently.___ PROJECT NAME:Dirnix u p.st.r"f sG1t PROJECT ID:61312-2017-131(eADDRESS:Iell It T:)et S Court APN:24 -4-18 -0.0.--00 The project Is (check one):0 New Development ErRedevelopment The total proposed disturbed area is:tit)ft2()acres The total proposed newly created and/or replaced Impervious area is:IF('2c /)acres If your project is covered by an approved SWAMP as part of a larger.rvIrment project, providethe project ID and theSWOMP* of the larger development project 4/7 Project ID SVVQMP Then,go to Step 1 and follow the instructions.When completed, sign the form at the end and submit this with yourapplication to the city. E-34 Page t ef 4 REV 02/16 --5. To determine if your prOject is a ''development project', pleaseanswer the Mowing question: YES NO Is your project LILO.i ti.1 TO routine maintenance activity andior repairfiniprovernents to an existing building 0 gor structure that do not altar the size (See Section 1.3 of the BMP Design Manual for guidance)?If you answered "yet to the above quern,provide Ian below thengo to Step 5, mark the third box stating 'my project at Is not a 'development project' and not subject to the requirements of the BMP manual' and complete applicantinform Justification/discussion: (e.g. the project Includes only interior remodels within an exhaling building); If •answered sne to the above •uestion the -is a '••to ci To determine If your project aexempt from POP thefollowing questione requirements pursuant to MS4 Permit Prtivislon E.3.b.(3), please answer Is your project LIMITED to one or more of the following: YES NO1 Constructing new or retrofitting paved sidewalks. bicycle times or balls 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 he hydraulically disconnected from paved streets or roads;0 12f-c)Designed and constructed with permeable pavements or surfaces in accordance with USEPAGreen Streets guidance? 2.Retrofftling or redeveloping existing paved alleys, streets, or roads dotare designed and constructed Inaccordance with the USEPA Green Streets guidance?L7' 3.Ground Mounted SolarMay that meets the criteria provided to section 1.42 of the BMP maraud?0Ifyou answered °yes* to one or more ofthe above questions, provide discussion4ustWxxifion below, then go toStep thesecond box stating "my project is EXEMPT from POP •and complete applicant information.5. mark Discussion to justify exemption ( e.g. the project redeveloping existing road designed and:In In accordance withthe USEPA Green Street guidance): If you answered °now to the above questions, your project Is not exempt from POP, go to Step 3. E-34 Page 2 of 4 REV 02116 • To determine if your project Is a PDP, please answer the following questions (MS4 Permit Provebn E3.b.(1)): YES NO1.Is your project a new development that creates 10,000 square feet or more of impervious surfacescollectively over the entire project site?This includes commercial.industrial resident:a wed use,0 IIand public development projects on public orprivate land2Isyourprojectaredevelopmentprojectcreatingand/or replacing 5,000 square feet or more of more pervious surface collectively over the entire project site on an exiting site of10,000 square feet or ofimpervious surface?This includes commercial,industrial, residential.mixed-use, and public ndevelopment 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 moreof Impervious surface collectively over the anti.project site and supports a restaurant?A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 0 lirefreshment stands selling prepared foods and drinks for immedite commotion (Standard IndustrialClassification (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 HIdevelopment project includes development on any natural slope that is twenty-five percent or greater5. 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 loft 0alandareaor facility for the temporary parking or storage of motor vehicles used personallybusiness or for commerce_11 6.Is your project a new or nsdeveloprnent project that creates ancifer replaces 5,000 square feet or moreofimpervioussurface collectively over the entire project site and supports a street,road,highway rifreeway oreriveway?A street, road, highway, freeway or driveway is any paved impervious surfaceused fort transportation ofautomobile& trucks, motomycle4 and other vehicle& it 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 EnvironmentallySensitive Area (ESA)? "Discharging Directly he includes flow that is conveyed owarland a distance of 0 it200 feet or less from the project to the ESA, or contested in a pipe oropen channel any distance as an isolated flow from the projacrie the ESA (I,e. not commingled with flows from adjacent lands).*8 Is your project a new development or redevelopment project that creates aniflor replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop?An automotive repair shopisa facility that is categorized in any one ofthe Mowing Standard industrial Classification (SIC)"n ncodes: 5013, 5014, 5549,7532754 or 7535-7539.9. Is your project a new development or redevelopment project that creates and/or replaces 5,00Quarefeet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes RGO's that meet the following criteria (a) 5,000 square feet or more or (b) a project Average Daily DTraffic (ADT)of 100 or more vehicles per day.11 10 Is your project a new or redevelopment project that results In the disturbance of one or more acres of landand are expected to generate Pollutants post construction?0 NI11 Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more ofImpervioussurface or (2)incrne.es impervious surface on the property by more than 10%?(CMC 021.203.040)iiIf you answered syesn to one or more of the above questions. your project is a PDP.if your project is a redevelopmentproject, go to step 4.If your project is a new project go to step S.check the first box stating "My project is a POPand 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 stating "My project is a 'STANDARD PROJECT'..... and complete applicant information. 6-34 Page :3 of 4 en/ none Complete the questions below regarding your redevelopment project OMR:miltPmvision E-3 ..b.(2)): YES NODoes the redevelopment project result in the creation or replacement ofimpervious surface in en amountoffessthanSO%of the surface area of the previously existing development?Complete the percentimpervious calculation below. Existing impervious area (A) =sq. ft.0 0Total proposed newly created or replaced impervious area (B)ft Percent impervious area created or replaced (BIA)*100 = If you answered *yet, the structural BMPs required for POP apply only to d creation or replacement of impervioussurface and not the entire development Go to step 5, check the first box stating 'My project is a PDP ..."end completeapplicant information. if you answered "no,* the structural 1314Frs required for POP apply to the entire devekkonent Go to stop 5, check thecheck the first box d'•-is a PDP ..." and -••-•icentinformation. 0 My project Is a POP and must comply with PDP stonnwater requirements of the BMP Manual I understand I mustprepare a Storm Water Quality Management Plan (SWQMP) for submittal at time ofappiloaben. aNtly project Is a 'STANDARD PROJECT OR EXEMPT from PDP and must only comply wfth 'STANDARD PROJECTorrnwaterrequirementsof the BMP Manual.As part of these requirements,I MR submit a *Standard ProjectRequirement Checkiletreins E-3tand incorporate low impact developrrlisnt strategies throughout my project Note: For prqects that ere close to meeting the POP threshold, staff may require detailed Impervious area calculationsand exhibits to verify if 'STANDARD PROJECT' stomnvater requirements apply.0 My Project is NOT edevelopment paled' and is not silkiest to the requirements of the BMP tiesnual. Applicant information and Signature Box Applicant Name:a YT2--e Applicant Title; Applicant Signature: Dote: • Environmentally Sensifme Areas *dude but are not add to Man Ant Section .7.9 .'”"tr voter bodies: areas deartanated as mews of Special Biological Significance by the State Waist Resourceward Baader Malty Coded NM kV.te San Diego Basin (1994) and anteddillatttO Water bodies designated with the RARE beneficial use by the *sums On Boadif (Wake Oually Meal Plan ft it*Sett Oleg* Basin N994) andamendments); areas designated as presentee or **kowtows'suneer me musiseeks caseneuen,,Prone suet the abet and CountyofSan Diego;HadarManiNernent Plan: and any other equlyatent madras/18MM serestmass each hatii wen itienlified by thft City. This Box ter Use • YESCity concurrence NO o0 By: Data: Project ID: • E-34 Page 4 of 4 RFV MIA .,0 0 STANDARD PROJECT Deveionment ServicesILCity of REQUIREMENT Land Development Engineering Carlsbad CHECKLIST 1635 Faraday Avenue (760) 602-2750E-36 www.carlsbadea.gov Project Name:Po Act.ti€cjt CC 'SF i (HA Project ID:C ESP--2-6 1 - 7 —1349 to DWG No. or Building Permit No.: "rf7All development projects must implement source control BMPs SC-1 through SC-I3 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following. • "Yee means the project will Implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual.Discussion/justification Is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement.Discussion/justification must beprovided.Please add attachments if more space Is needed.•"N/A"means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g.,the project has no outdoor materials storage areas).Discussion/justification may be ,A Yes 0 No 0 N/ASC-1 Prevention of Illicit Discharges into the MS4 DIscussionilustificatIon if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage 0 Yes 0 No %N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall,Run-On,Runoff,and Wind /Yes 0 No 0 N/ADispersal Discussion/justification if SC-3 not implemented: E-36 Page 1 of 4 Revised 03116 ‘•••• ; 4•...",;-;?•-ntr::11 -.:Tv4Agai -— SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On,Runoff,and p'S'es 0 No 0 NIAWind Dispersal Discussion/Justification if SC-4 not implemented: SC-E Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal /Yes 0 No 0 N/A Discussion/justification if SC-5 not implemented: SC4 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table In Appendix E.1 of BMP Manual for guidance). O On-site storm drain inlets 0 Yes 0 No 0 N/A O Interior floor drains and elevator shaft sump pumps 0 Yes 0 No 0 N/A O Interior parking garages 0 Yes 0 No [±N/A O Need for future Indoor & structural pest control El Yes 0 No 0 N/A O Landscape/Outdoor Pesticide Use 0 Yes 0 No 0 N/A O Pools, spas, ponds, decorative fountains, and other water features 0 Yes 0 No 0 N/A 0 Food service 0 Yes 0 No QN/A0Refuse areas 0 Yes 0 No 0 N/A El Industrial processes 0 Yes 0 No Cq N/A O Outdoor storage of equipment or materials El Yes 0 No N/A O Vehicle and Equipment Cleaning 0 Yes 0 No N/A Vehicle/Equipment Repair and Maintenance 0 Yes 0 No ql N/A O Fuel Dispensing Areas 0 Yes 0 No 13 N/A O Loading Docks 0 Yes 0 No qui N/A Fire Sprinkler Test Water _El Yes 0 No Gb N/A 0 Miscellaneous Drain or Wash Water 0 Yes 0 No 0 N/A 1:1 Plazas, sidewalks, and parking lots 0 Yes 0 No l N/A For "Yes" answers, identify the additional BMP per Appendix El.Provide justification for No answers. 0 0 •. _aYUTNI development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible.See Chapter 4 and Appendix E.2 thru ES of the BMP Design Manual for information to implement site design BMPs shown inthis checklist Answer each category below pursuant to the following. • "yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E2 thru E.6 ofthe Model BMP Design Manual. Discussion /justification Is not required.•"No" means the BMPs is applicable to the project but it is not feasible to implement.Discussion/justification must beprovided. Please add attachments if more space Is needed.•"N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be•lded. SD-1 Maintain Natural Drainage Pathways and Hydrologic Features r4 Yes 0 No N/ADiscussion/justification if SD-1 not Implemented: S0-2 Consents Natural Areas, Solis, and Vegetation Fives 0 No 0 N/ADiscussion/justification if SD-2 not implemented; 5D-3 Minimize Impervious Area ties 0 No 0 N/ADiscusslort/justification it SD-3 not implemented: SD-4 Minimize Soil Compaction "I Yes 0 No 0 N/ADiscussion/justlficatIon if SD-4 notimplemented: SD-S Impervious Area Dispersion yj yes 0 No 0 N/ADiscussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Reween mut 0 0 EIA.*h: -:;1..:4 .:4172.41'ille:IhY±L h_h:ft.304 Runoff Collection Yes g No 0 N/A Discussion/Justification if SD-6 not Implemented:, ihi a sLidem-. SD4 Landscaping with Native or Drought Tolerant Species 'Yes 0 No 0 N/ADIscussion/justiffcatIon If SD-7 not Implemented: 304 Harvesting and Using Precipitation yi Yes 0 NO J 0 N/ADIscussion/justificatbnUfSD-8 not Implemented: CLTA Preliminary Report Form Order Number:DIV-5233674 (Rev.11/06)Page Number:1 ,EKEr First American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No.151 Liz Carvalho Elite Escrow Services 2495 Truxtun Road, Suite 202 San Diego, CA 92106-6159 Phone:(619)516-8011 Fax: Customer Reference:02-008816-LC Order Number:DIV-5233674 (09) Title Officer:Bonnie Stark Phone:(619)231-4631 Fax No.:(866)497-8905 E-Mail:titleunit9@firstam.com Buyer:Donahue Property:1014 Daisy Court Carlsbad, CA 92011 PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof,a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached.Thepolicy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exdusive remedy ofthe 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 A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Page 1 of 15 Order Number:DIV-5233674 Page Number:2 This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance ofa policy of title insurance,a Binder or Commitment should be requested. First American Title Page 2 of 15 Order Number:DIV-5233674 Page Number:3 Dated as of July 14, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Nicole J. Andrews and Donna D.De Julien, co-trustees of the Andrews De Julien family trust dated April 24, 2005 The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1.General and special taxes and assessments for the fiscal year 2016-2017,a lien not yet due or payable. 2.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3.Covenants, conditions, restrictions and easements in the document recorded March 24,1977 as Instrument No.108001 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap,national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.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. Document(s) declaring modifications thereof recorded June 03,1977 as Instrument No.217526 of Official Records. First American Title Page 3 of 15 Order Number:DIV-5233674 Page Number:4 4.Covenants, conditions, restrictions and easements in the document recorded June 03,1977 as Instrument No.217525 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code §12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C.§3604(c) or California Government Code §12955.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. 5.A deed of trust to secure an original indebtedness of $215,000.00 recorded August 14, 2014 as INSTRUMENT NO.14-348901 OF OFFICIAL RECORDS. Dated:August 08, 2014 Trustor:NICOLE J ANDREWS AND DONNA D DE JULIEN, WIFE AND WIFE AS JOINT TENANTS Trustee:TICOR TITLE COMPANY OF CALIFORNIA Beneficiary:MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Lender:CALIBER HOME LOANS, INC. Prior to the issuance of any policy of title insurance, the Company will require: 6.With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b.Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c.Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Title Page 4 of 15 Order Number:DIV-5233674 Page Number:5 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1.General and special taxes and assessments for the fiscal year 2015-2016. First Installment:$1,889.25, PAID Penalty:$0.00 Second Installment:$1,889.25, PAID Penalty:$0.00 Tax Rate Area:09027 A.P.No.:214-410-08-00 2.This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable,115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 1014 DAISY COURT, CARLSBAD,CA. 3.According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded August 14,2014 as INSTRUMENT NO.14-348900 OF OFFICIAL RECORDS . From:NICOLE J. ANDREWS AND DONNA D.DE JULIEN, CO -TRUSTEES OF THE ANDREWS DE JULIEN FAMILY TRUST DATED APRIL 24, 2005 To:NICOLE J. ANDREWS AND DONNA D.DE JULIEN, WIFE AND WIFE AS JOINT TENANTS A document recorded August 15, 2014 as INSTRUMENT NO.14-351114 OF OFFICIAL RECORDS . From:NICOLE J. ANDREWS AND DONNA D.DE JULIEN, WIFE AND WIFE AS JOINT TENANTS To:NICOLE J. ANDREWS AND DONNA D.DE JULIEN, CO -TRUSTEES OF THE ANDREWS DE JULIEN FAMILY TRUST DATED APRIL 24, 2005 NOTE to proposed insured lender only:No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8,2011, encumbers the Title except as follows:None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy,if any, to which this map is attached. First American Title Page 5 of 15 Order Number:DIV-5233674 Page Number:6 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 232 OF CARLSBAD TRACT NO. 73-39 UNIT NO.3 (SPINNAKER HILL), ACCORDING TO MAP THEREOF NO.8453, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,DECEMBER 29,1976. APN:214-410-08-00 First American Title Page 6 of 15 'S'OffehlatIO 071101716 to 10SINC316 -col HEM 1114133 1W07 N S13321Vd S.liOSS3SS5 'WACHS VIVO all JO 0.111.775 311 ri 0371SSY (17397.1t.(27coi3 4 9 Ullail IN AM 535053113 1N3h6S3SSYdal 03tVadd VA 671 9511 &ON S.ZIOSS3SS7 a E ON 11Nn -6£-EL 'ON-10V81 ovesidtf3 -ES17 R dVVV G.) AINOOD 09310 NYS VHd L.-68 CN 101 avesiuvD JO A.110 -L96Z1 clbl.\I10Z3S 4/110MtnNtnED ',">..4.rt '''''...0.. ,i)..b•-..cy ),..,..46 099ev_,,.ci _a be?'''. E E e:..„..,..4°'-:,GEO °1. %ulm=z z ''. 0.34'S9Z ,o-i .0 -:-91?°e ..._(94t...0 .-v..47::„,LEzc)o—„.. nz 7........:'.,-,oo.•:.0 '''"e..( DEE2-'v-1-1792 ''„ ,,,‘,0 ....'... ,-0..--=frr77';L 6 q 85284°_.212 0 e''''-, Ae. 00-,-,,"" .,E9e 4.,a),,:'6\'°N®,.. ).-.,,,4.. iz...--_-...•,,,,.,,_.,,,....1 J Z..61Z(F.)i ''''.....•...WO i Os 8 If'„(..);,,,"4.0 75'01 •.7'-......0 ,....1..tig-a ,.U-4‘4'''a Q.. -is.cu41E?.'C..).,‘,. _,II"0V'Z '''.ti)012 '5....822 by4.-..'0 E ad.ro y...6.5 ,.rt 4 ,8 o,,...,„.....,K a.--:-19Z .--.VCt...9 0/i4::I 114;'..,,48 ....29/.<,4.....LS-CL Of -419 a n .....,„...„,e "I'b2r..,2172 E6.2 b b 2 S b 2 6.'94-2 '6'0172 E 4.''' -''' Eit7:''''''''':% (z)Lgteir+at ::.. -..L. £107 2-.i0e,,,/oz...---1-1-."-- /--,...,,,- ,,V ,i 5 092 :,•()8 8ig.'..... -@ ...®0 @ :... v ,<„.1......,......,.,,,.0i.''''.*6 ........,:li 05 -B9 IL OC•F9 IL _/9 es-„6172 ...E (.37CrObLHSs:io6SZ1M 31A a)•3A0-19XOJ ''''LOan'@ 0. 's "•.- 2r.Y o".r..aMr.IL LP IL 99 '49 Fr ,j,'w.e'..4 A .9c..flu -io Pi.6£Fill li `..‘.oZ°Z i+g i •,Z' l.-..."-- M16."............°°g'i::'''''°S'.3) kW 1.6 6E e:' c'io 4 4.j ,. O ZZ/a.8E--i .'e.9 52 Z LSZ '9SZ:55Z*45e4 ES?;ZS?`;'.Is?1. 'Os?'''"?.` Ln)VA M3N 010 MO '''.0:-®®®®0 ®®0 0 ..... -z-m--4..,apse,.....,.0 .z ,91.9 n LO.1S 'L9 no.“...0as 71 7 11 ,,,,'of.N 1\3S3ONYHD-''CIVEIS11.170 ."d()-All ;ZO.6-il /V -5..I.ID ACIEI --/i T '‘,1.i SON KiSSIE.91HS 41HS 1(9 6 b - rti,001.0 ED 'ir I v -412 60 Order Number:DIV-5233674 Page Number:8 NOTICE Section 12413.1 of the California Insurance Code, effective January 1,1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 8 of 15 Order Number:DIV-5233674 Page Number:9 First American Title CompanyNEN,_7676 Hazard Center Drive, Ste 1100 -San Diego, CA 92108First American Title (619)238-1776 First American Title Page 9 of 15 Order Number:DIV-5233674 Page Number:10 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, California PAYABLE TO:First American Title Company BANK:First American Trust,FSB ADDRESS:5 First American Way, Santa Ana,CA 92707 ACCOUNT NO:3008270000 ROUTING NUMBER:122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY:1014 Daisy Court, Carlsbad,CA 92011 FILE NUMBER:DIV-5233674 (09) PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Bonnie Stark AT (619)231- 4631 OR bstark@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S.BANK, ADDITIONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING,BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDITIONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant.If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. First American Title Page 10 of 15 Order Number:DIV-5233674 Page Number:11 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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;(d) improvements on the Land; (b) zoning;(e) land division; and (c) land use;(f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19,20,23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us,unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur 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. 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. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00 Covered Risk 18:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in 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: First American Title Page 11 of 15 Order Number:DIV-5233674 Page Number:12 (a)a notice of exercising the right appears in the public records on the Policy Date (b) 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: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us,on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4.Failure to pay value for your title. 5.Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b)in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects,liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13,or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE 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: 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. firstAmerican Title Page 12 of 15 Order Number:DIV-5233674 Page Number:13 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. 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 or 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: 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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: First American Title Page 13 of 15 Order Number:DIV-5233674 Page Number:14 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. First American Title Page 14 of 15 Order Number:DIV-5233674 Page Number:15 0 km. • *First American 77tle• Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information.We understand that you may be concerned about what we will do with such information -particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:•Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;•Information about your transactions with us, our affiliated companies, or others; and•Information we receive from a consumer reporting agency. Useof Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us; or (2)as permitted by law.We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services,such as appraisal companies, home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-mail addresses,of visitors. This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address.When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/profile information.Ifyou choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information abouta consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate.Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10)Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Title Page 15 of 15