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HomeMy WebLinkAboutCDP 2018-0051; THE FORUM AT CARLSBAD MONUMENT SIGNS; Coastal Development Permit (CDP)_____________ ,.. '·-----------------·"'\-------------- (city of Carlsbad LAND USE REVIEW APPLICATION P-1 .. Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits JZI Coastlll Development Permit .cir Minor D General Plan Amendment C.IYP 2-41 " ~ 00~ 1 D Conditional Use Permit D Minor D Extension D Day Care {Large) D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map {Major Subdivision) D Variance D Minor D Local Coastal Program Amli!ndment D Master Plan D Specific Plan D Zone Change D Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) 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. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE ;;._550 l '2,,0L-iCO 1'1D5 Cn II< (STREET ADDRESS) tu \Lu.SV'I a.+ Carls bad ESTIMATED COMPLETION DATE Development No. Q~ V '2-0 \ 9 -0 2-2-\-Lead Case No. P-1 -·--" ........ Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (II applicable): COMPANY NAME QI applicable): MAILING ADDRESS: (PLEASE PRINT) APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME '\. \ ~ \ 'L I ( f I Rodrigo Sada (ii appllcable): \) n,.\ _ J pl.,fAJ/\.{A.1 f ~ lU:q -i: ,,1,( j { I I I COMPANY NAME I F C fi)y'l,Lf\l\ iv, .cu-\S ltlt (ifappllcable): f~,/ltl <.;,q11j r, 1l. . CITY, STATE, ZIP: 1qur;-C,tL-lle P>arccLw,±'.1Pv MAILINGADDREss:/l;.,o ,5 oud ~v(u.i Ctu'L}tJAt:i CA lJ 1al'I CITY, STATE, ZIP: {J(f(.~ n \ ;d l' ( 11 l-7Z O ·:;(p ·1lcU ~ L{OJ-(5-z:;S TELEPHONE: 1ll>Q. 4~·~;, ,~})lr TELEPHONE: EMAIL ADDRESS: rndcigo.sada@amjH com EMAILADDREss: ~tw ':}@ 0·,/ld · si.91 ,s. cvt'-·1 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 S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE \\-dl' l ct 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 CONDITION THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. ~~Sad4- FOR CITY USE ONL V P-1 Page 2 of6 DATES REcr-,,1r:o Off 1 9 7018 CITY Ur Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (PLEASE PRINT) Rodrigo Sada radcigo sada@am,jll com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. Sada, TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION S TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE SIGNATURE APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME "-\. ;-\ \/ • / J . (if applicable): ~-.>ru-&.7:1{dt'.\J:'-:04 fSilU-j COMPANY NAME __, (if applicable): r vJl..d S1 q '· l ,S J_ 11 (.. • MAILING ADDRESS:/(; D :) () fl ?1 V\J (lA . CITY, STATE, ZIP: {)((C-Ul \ ;ci e ( 14 l7z O 'u.a TELEPHONE: Tua . k/~; _ , 1; <.e EMAIL ADDRESS: ~{,\ [ j @ h) p.cf -$ jJ J IS • C L'l'-1 I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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 LAND AND BIND ANY SUCCESSORS IN INTEREST. ~.~ada,. FOR CITY USE ONLY P-1 Page 2 of6 REcr.::,vED DEC 1 9 2018 CITY OF C1\Fr:LS?P Q DATES R VED RECEIVED BY: Revised 03/17 ASSISTANT SECRETARY'S CERTFICATE The undersigned Assistant Secretary ofT-C Forum at Carlsbad LLC, a Delaware limited liability company dba "The Forum," (the "Company"), hereby certifies that the Company owns that certain real property located at 1905 Calle Barcelona #200, Carlsbad, California 92009 (the "Property"), and Jones Lang LaSalle (including its Operations Manager, Rodrigo Sada), as agent for the Company pursuant to a Master Management Agreement, is authorized to act as agent for the Company in connection with the filing of applications, papers, documents, requests and other matters relating to application number CDP 2018-0051 relating to the installation of entry monument signs at the entrances to the Property. This Assistant Secretary's Certificate may be executed by electronic imaging, which shall be deemed an original signature for all purposes. Dated and effective as of January 30, 2019 Francesca Weindling, Assistant Secretary ( City of Carlsbad DISCLOSURE STATEMENT p .. 1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .ca rlsbad ca .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.ff gents 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 S±o. °1, fz> rd Corp/Part . ........._""'-'-""""""~~--t,--Ji,.......,.-==----- Title CFo Title __ ___.::=..:;...:,...._,;__:_~=-=-=--- Address l w s=o.-d_ WL:fr o~-~ddress-1.,,,,4--L...~~~---- 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Rodrigo Sada corp/Part. ___________ _ Title Operations Title _____________ _ Address 1905 Calle Barcelona #200 Address Carlsbad, CA 92009 ---------- 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_l_tj \--f\: _ Title ___________ _ Address ___ ! ______ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? ' D Yes ~ 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. ~~ Sada-121031201a Signatureofowner/date Rodrigo Sada Print or type name of owner 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 l1---3 l ~ Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above Is a nonprofit orqanlzatjon or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust ______ _ Non ProfiVTrust ________ _ Tllle._---tli.-+-tj lr-1--\¾\-- Address __ ..... l __ , _____ _ Title ____________ _ Address __________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? · D Yes ~ 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. Sada-121031201a Rodrigo Sada Print or type name of owner Signature of owner/applicant's agent If applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2ol2 Revised 07/10 (city of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PRoJEcr NAME: _]E__,__._._.e"""""<__._Fo-=..&....rn~M~L __ a,___;;;_;__r....;;;..l=-5;. .;.,o_h.:;....;:~=-------- APPucANr NAME: _S...__.±a-~cu----......... R ....... Jrd'----"""-"-"-, _l_fo...-..........rd~l ........ 1 u_' -'--"n ...... £i;.......>(~n ........ c-......,...._· _ ~ I U 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: . Y\/l/)J\)/L~ ; UILS ti',L[f (_ 2-) f ( ( lU11i~ 11 H'LO 1'lu n l ln:t" ./.,A'L-hd l11ltUf 51 ~ ~ Tl"-€ HJ(iiw\ s-{1,l){f'.l1~ Cut~ ONAW l\£,l r,J-'3' Wu 'I-I 3' w;' d__.c__ P-1(8) Page 1 of 1 Revised 07/10 ~t City of f~arlsbacl HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) I >ev<dofltl/t:11 f_ Servke s Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.6) 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}: t:J'" The development project and any alternatives proposed In this application !!!U1Q! contained on the lists compiled pursuant to Section 65962.5 of the State'Government Code. 0 The development project and any allernatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. PROPERTY OWNER Name: 1\'-l fiN1l.(V\ Cttxl <ij/ld_, Address: IPI C 5· {tl u, l)ll rt c.[l'l,UC Ctu{<f VJ1\A Cll CJ ll1J1 Phone Number:. _________ _ Specify iist(s): __________________________ _ Regulatory Identification Number:. ____________________ _ Date of List: ___________________________ _ The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of2 Revised 02113 (city of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: - Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (7~ Applicant Signature: ~ _,) Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ._;_ _________ .,...._ ___________ _ (city of Carlsbad MINOR COASTAL DEVELOPMENT PERMIT/ SINGLE FAMILY RESIDENCE APPLICATION Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov P-6 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 (ICijO) 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). Plei!Jse refer to the current fee schedule for the appropriate $/square foot fee rate. ⇒ ⇒ ⇒ ⇒ ⇒ Ne! Residential Square Footage: lJ_A-square feet x $ _____ /sq. ft. = $ ________ _ R~;dential Addition Square Footage: l4 fr: square feet x $ _____ /sq. ft. = $ ________ _ An)( Garage Square Footage: M (\: square feet x $ /sq. ft. = $ ________ _ Res, ential Conversion Square Footage: ~"'--f.-A---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.= $_..,J_/L _______ _ COST OF DEVELOPMENT ESTIMATE: $....;..').{)_l.....;;;5_0_0_-_-______ _ 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 i CJ CS Cci lie 13a.f2.., do vu·, # 2 DQ P-6 Revised 05/17 D. Assessor's Parcel Number of proposed development ~50 0 l 7r0£100 E. Development Description: Briefly describe project: (2) 12-c \I e fl.~ e__, Ii T tU'1hl-tj vv1ovu..,un-e. t1f <\ • ·1s, F. Describe the present land uses (i.e. vacant land, single family homes, apartments, offices, etc.) that surround the proposed development to the: North: ~/El~ South: (e,;k-w East: V ~CCLV\...,-t ~ West: VI)._(_ CLV\., + lfU::-d G. Is project located within a 100-year flood plain? □Yes 0No 11. PRESENT USE OF PROPERTY A. Are there existing structures on the property? ITYes D No If yes, please gescribe. , _ -Ir • _ fUh<A.R ~P'tlj c~ B. Will any existing structure be removed/demolished? D 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). Ill. 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 • % % % % P--6 B. Parking: Number of existing spaces Number of new spaces proposed _____ _ Existing/Proposed TOTAL: Number of total spaces required ______ _ Number of covered spaces Number of uncovered spaces _______ _ Number of standard spaces Number of compact spaces Is tandem parking existing? Is tandem parking proposed? OYes# __ ONo OYes#_ONo C. Grade Alteration: Is any grading proposed? D Yes ~o 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 Maximum height of cut slope _____________ feet 4. 5. Amount of import or export cu. yds. 6. Location of borrow or disposal site ________________ _ Page 3 of 6 Revised 05/17 CTIC-18003,~ ., 1901-1935 Calle Barcelona Carlsbad, CA (San Diego} 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00101112-993-SD2-CFU Chicago Title / New York 711 Third Ave. 5th Floor New York, NY 10017 ATIN: Anesa Toolsee Email: Anesa.Toolsee@ctt.com REF: CTIC-18003466 Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY: 1901-1935 CALLE BARCELONA, CARLSBAD, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or refe"ed to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance-·-of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested The po/icy(s) of title insurance to be issued hereunder will be po/icy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company • AIIHI CL TA Preliminary Report Form -Modified ( 1 1/17 /06) Page 1 0 ~ Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 • Fax: (619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE: December S, 2018 at 7:30 a.m. ORDER NO.: 00101112-993-SDl-CFU The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Owner's Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) A Easement(s) more fully described below as to Parcel(s) Band C 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: T-C FORUM AT CARLSBAD LLC, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Fonn -Modified (11/17/06) Pagel PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00101 l 12-993-SD2-CFU THE LAND REFERRED TO HEREIN BELOW IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A: APN: 255-012-03 LOT 3 OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13997, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 10, 2000. PARCEL B: APN: 255-012-04 LOT 4 OF CITY OF CARLSBAD TRACT NO. 92-08, GREEN VALLEY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13997, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 10, 2000. PARCELC: NON-EXCLUSIVE EASEMENTS, APPURTENANT TO LOTS 3 AND 4 OF MAP NO. 13997, OF THE INSTALLATION, OPERATION, MAINTENANCE AND REPLACEMENT OF PRIVATE DRAINAGE, FOR ACCESS TO AND FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF THE OPEN SPACE AND RIPARIAN TRAILS AND FOR ACCESS TO AND FOR THE INSTALLATION, OPERATION AND MAINTENANCE, REPAIR AND REPLACEMENT OF THE DESILTATION BASINS AS SET FORTH IN THE "DECLARATION AND GRANT OF EASEMENTS" RECORDED JULY l 0, 2000 AS INSTRUMENT NO. 2000-0362588 OF OFFICIAL RECORDS. CLTA Preliminary Report Form -Modified (11/17/06) Page3 C PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 EXCEPTIONS Chicago Title Company ORDER NO.: 00101112-993-SD2-CFU AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. APN: 255-012-03, No Taxes Due B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 255-012-04-00 2018-2019 S 1,095,276.16, paid. $1,095,276.16, open (Delinquent after April 10) $109,537.61 $None 09152 C. An assessment by the improvement district shown below: Series: District: For: Bond issued: 96-1 San Diego City Olivenhain Water 96-1 10/04/1996 Said assessment is collected with the county/city property taxes. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document entitled "Grant Deed", Recorded:. September 5, 1929 in Book 1660, page 476 of Deeds Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Among other things, said document provides for: Easements over said land for the purpose therein shown, and rights incidental thereto CLTA Preliminary Report Form-Modified (11/17/06) Page4 r PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 Chicago Title Company ORDER NO.: 00101112-993-SD2-CFU EXCEPTIONS (Continued) 2. An easement for the purpose shown below and rights incidental thereto as set forth in document entitled "Easement for County Highway" County of San Diego public road purposes February 28, 1950 in Book 3518, page 221 and 226 of Official Records Granted To:. Purpose:. Recorded:. Affects:. The route thereof affects a portion of said land and is more fully described in said document. Affects Parcel A 3. A document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing El Camino Real and La Costa Avenue Transportation Corridor(s) Case No.: CT 92-08-Green Valley Tract Map", subject to all the terms, provisions and conditions therein contained, recorded May 22, 1996 as Instrument No. 1996-0259560 of Official Records. 4. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document entitled "Deed Restriction", Recorded:. February 27, 1998 as Instrument No. 1998-0105197 of Official Records Note: Section 12956. l of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least I 4-point boldface type, relating to unlawful restrictions. Among other things, said document provides: Easements over said land for the purpose therein shown, and rights incidental thereto Said matter affects Lot 3 herein described 5. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document entitled "Open Space Deed Restriction", Recorded:. February 27, 1998 as Instrument No. 1998-0105198 of Official Records CL TA Preliminary Report Form -Modified (11/17 /06) Page5 0 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 Chicago Title Company ORDER NO.: 00101112-993-SD2-CFU EXCEPTIONS (Continued) Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. Said matter affects: Lot 3 together with that portion of Lot 4 designated as "Trail Head Parking" on that certain site plan dated September 18, 2000, prepared by MCG Associates. 6. A document entitled "Hold Harmless Agreement Drainage", dated, July 9, 1998, executed by Continuing Life Communities LLC, a California limited liability company and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded November 24. 1998 as Instrument No. 1998-0762385 of Official Records. 7. Easements for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.:. Purpose:. Purpose: Affects:. 13997 Public trail and drainage; a portion of said easement vacated, by Quitclaim Deed recorded August 17, 2004 as Instrument No. 2004-0780832 of Official Records. Open space as shown on said map 8. Any claims for mechanics' or materialman's liens on said Land that may be recorded, by reason of a recent work of improvement that is disclosed by the document shown below Recording Date: May 11, 2018 Recording No: 2018-0 I 91652 of Official Records 9. Provisions of the dedication statement on the map of the tract show below which relinquish certain rights of ingress and egress to the public street herein named, upon the terms therein, except for the general public right to travel the same Affects:. 13997 Street Affected:. El Camino Real Excepting therefrom 26 foot access opening No. 2 10. A document entitled "Declaration of Covenants and Grant of Easements", executed by Continuing Life Communities LLC, a California limited liability company, subject to all the terms, provisions and conditions therein contained, recorded July 10, 2000 as Instrument No. 2000-0362588 of Official Records. A document entitled "Reallocation Agreement" to which reference is made for full particulars dated February 17, 2001, by and between Continuing Life Communities LLC, a California limited liability company and Fourth Quarter Properties XXX, LLC, a Georgia limited liability company, regarding "Reallocation Agreement", recorded February 20. 2001 as Instrument No. 2001-0095261 of Official Records. CL TA Preliminary Report Form -Modified (11/17 /06) Page6 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 Chicago Title Company ORDER NO.: 00101112-993-SD2-CFU EXCEPTIONS (Continued) 11. A document entitled "Covenant for Easement" upon and subject to the terms and conditions therein Executed By:. In Favor Of:. Recorded:. Continuing Life Communities LLC, a California limited liability company City of Carlsbad July 10. 2000 as Instrument No. 2000-0362592 of Official Records Reference is hereby made to said document for full particulars. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Grant of Non-Exclusive Sewer Easement". Granted To:. Purpose:. Recorded:. Affects:. Affects: Leucadia County Water District sewer December 5. 2002 as Instrument No. 2002-1099032 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Parcel B 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Easement" Granted To:. Purpose:. Recorded:. Affects:. Affects Parcel B San Diego Gas and Electric Company access and utilities December 26. 2002 as Instrument No. 2002-01187230 of Official Records The exact location and extent of said easement is not disclosed of record 14. A document entitled "Short Form Declaration of Special Land Use Restriction", dated, November 14, 2000, executed by Continuing Life Communities LLC, a California limited liability company and Fourth Quarter Properties XXX, LLC, a Georgia limited liability company, subject to all the terms, provisions and conditions therein contained, recorded February 20. 2001 as Instrument No. 2001-0095262 of Official Records. 15. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Grant of Non-Exclusive Sewer Easement" Granted To:. Purpose:. Recorded:. Affects:. Affects Parcel B Leucadia County Water District, a Governmental Entity and its successors and/or assigns perpetual nonexclusive easement and right-of-way March 21. 2003 as Instrument No. 2003-317748 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 16. A document entitled "Encroachment Permit No. 2003-02", dated, March 21, 2003, executed by Fourth Quarter Properties XXX, LLC and Leucadia County Water District, subject to all the terms, provisions and conditions therein contained, recorded March 24. 2003 as Instrument No. 2003-324312 of Official Records. 17. A document entitled "Hold Harmless Agreement Geological Failure", dated, February 19, 2003, executed by Fourth Quarter Properties XXX, LLC, a Georgia limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 21, 2003 as Instrument No. 2003-0597619 of Official Records. Affects Parcel B CLTA Preliminary Report Form -Modified (11/17/06) Page7 0 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 Chicago Title Company ORDER NO.: 00101112-993-SD2-CFU EXCEPTIONS (Continued) 18. A document entitled "Hold Harmless Agreement Drainage", dated, February 19, 2003, executed by Fourth Quarter Properties XXX, LLC, a Georgia limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 21, 2003 as Instrument No. 2003-0597623 of Official Records. Affects Parcel B 19. A document entitled "Agreement for Connection of Decorative Fountains", dated, May 29, 2003, executed by Fourth Quarter Properties XXX, LLC, a Georgia limited liability company and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded May 29, 2003 as Instrument No. 2003-0630203 of Official Records. 20. A document entitled "Encroachment Agreement" between the City of Carlsbad and the owner, recorded June 26, 2003 as Instrument No. 2003-760176, Official Records, relating to the installation, maintenance and possible removal of portions ofa retaining wall. Affects Parcel B 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Grant Deed of Easement". Granted To:. Purpose:. Recorded:. Affects:. City of Carlsbad, a municipal corporation public roadway purposes October 30, 2003 as Instrument No. 2003-1322312 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Grant Deed of Easement". Granted To:. Purpose:. Recorded:. Affects:. Affects City of Carlsbad, a municipal corporation public trail October 30, 2003 as Instrument No. 2003-1322313 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Parcel A 23. An easement for the purpose shown below and rights incidental thereto as set forth in a document entitled "Grant Deed of Easement" .. Granted To:. Purpose:. Recorded:. Affects:. Affects: City of Carlsbad, a municipal corporation drainage October 30, 2003 as Instrument No. 2003-1322314 of Official Records The route thereof affects a portion of said land and is more fully described in said document. Parcel A CLTA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 Chicago Title Company ORDER NO.: 00IOl l l2-993-SD2-CFU EXCEPTIONS (Continued) 24. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on a survey plat Entitled: Dated: Prepared by: ALT Al ACSM Land Title Survey December 28, 2011, last revised February 7, 2012 Millman Surveying, Inc., designated Job No. 24655 (a) The fact that a portion of improvements commonly known as 1901 Calle Barcelona extend into a portion of the easement area depicted as Item No. 19, recorded December 5, 2002 as Instrument No. 2002-1099032 of Official Records. (b) The fact that a portion of patio and overhang attached to building commonly known as 1923 Calle Barcelona extend into a portion of the easement area depicted as Item No. 22 herein, recorded March 21, 2003 as Instrument No. 2003-03177 48 of Official Records. 25. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $90,000,000.00 February 29, 2012 T-C Forum at Carlsbad LLC, a Delaware limited liability company Chicago Title Company, a California corporation Massachusetts Mutual Life Insurance Company, a Massachusetts corporation Not Shown March 1, 2012 2012-0119205 of Official Records 26. An Assignment of Leases and Rents all the monies due, or to become due as rent, as additional security for the obligations secured by Deed of Trust. Recorded:. Assigned to:. By Assignment Recorded:. March 1, 2012 as Instrument No. 2012-0119205 of Official Records Massachusetts Mutual Life Insurance Company, a Massachusetts corporation March I, 2012 as Instrument No.2012-0119206 of Official Records 27. A document entitled "Assignment and Subordination of Management Agreement" dated February 29, 2012, executed by Jones Lang Lasalle Americas, Inc., a Maryland corporation; T-C Forum at Carlsbad LLC, a Delaware limited liability company, in favor of Massachusetts Mutual Life Insurance Company, subject to all the terms, provision(s) and conditions therein contained, recorded March I, 2012 as Instrument No. 2012-0119207 of Official Records. 28. The rights of the following tenants, based on various unrecorded leases, pursuant to those certain "Subordination, Non-Disturbance and Attomment Agreements" recorded March 1, 2012 as Instrument Nos. 2012-0119208 through 2012-0119225, respectively, and March 2, 2012 as Instrument No. 2012-0122476 and June 18, 2012 as Instrument No. 2012-0352802, all of Official Records: White House/Black Market; Chico's FAS, Inc.; Soma Intimates, LLC; STEF & KC, Inc.; Manna Development Group; MRJR, Inc.; Casa De Bandini, LLC; Demifi, Inc.; Jimbo's Natural Family, Inc.; Carol J. Miller Trust and Brian Miller R. Miller Partnership; Newer Reflections, Inc.; Studio 1220, Inc.; Tania Nguyen, DDS; Quattra Via, Inc.; M.A.C. Cosmetics Inc.; BUCA Restaurants 2, Inc.; Jeff Huston; iReverse Home Loans, LLC; and Coldwater Creek U.S., Inc. and H & M Henns & Mauritz L. P., a New York limited partnership 29. Water rights, claims or title to water, whether or not disclosed by the public records. CL TA Preliminary Report Form -Modified (11/17 /06) Page9 ------------·-------- 0 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00101 ll2-993-SD2-CFU 30. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 31. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (11/17/06) Page 10 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00101 l 12-993-SD2-CFU 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: T-C FORUM AT CARLSBAD LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) Page 11 0 PRELIMINARY REPORT YOUR REFERENCE: CTIC-18003466 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00101 l 12-993-SD2-CFU I. None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 1901-1935 Calle Barcelona, located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 5. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (OTT) Affidavit may be required to be completed and submitted with each document when OTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. OTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. 6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company's State Counsel, Regional Counsel, or one of their designees. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp CLTA Preliminary Report Form -Modified (11/17/06) Page 12 ( . ::1w IRE SAFE. I Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www.lbi.gov Internet Crime Complaint Center: http://www.ic3.gov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 W1RE0016 (DSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved C FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or ''we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types oflnformation Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal lnfonnatjon. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g., loan or bank account information); and • other personal information necessary to provide products or services to you. Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website How Personal Information is Collected We may collect Personal Information about you from: • information we receive from you on applications or other forms; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. How Browsing Information is Collected If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of those other websites. We advise you to read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently. When Information Is Disclosed We may make disclosures of your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or FNF Privacy Statement (Eff. S/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00101112-993-SD2-CFU • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Please see "Choices With Your Information" to learn the disclosures you can restrict. Security of Your Information We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure niade for marketing purposes. For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Sen-ices for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety ofFNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (OSI Rev. 3/2/17) Page 2 Order No. OOIOll 12-993-SD2-CFU collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to: Fidelity National Financial, Inc. 60 I Riverside A venue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00101 ll2-993-SD2-CFU Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS {CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RA TE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 0 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE 0 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments' on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, I 9, 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; Attachment One (6-5-14) CA & NV c. that result in no loss to You; or ,.,., . I \ 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 Jaws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is Jess) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is Jess) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is Jess) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is Jess) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay Joss or damage, costs, attorneys' fees, or expenses that arise by reason of: l. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these Jaws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or 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 l l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV C (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(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 1 l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV C I I er ~ i •i-El---t:t=-F.r+cEB-++-t U! ~ I ~:-1--=f!::l--fi.H:::=l-t-+-t-H § a~->.::.L=---L-JL.....L-'-L..L....L...J......1'-' This map/plat Is being furnished as an aid In locating the herein described Land In relation to adjoining streets, natural boundaries and other land, and 18 not a survey of the land depk:led. Except to the extent a policy of lltle Insurance Is expressly modmed by endorsement, ~ any, the Company does not Insure dimensions, distances, location of easements, acreage or other matters shown thereon. Order: 101112 Page 1 of 1 Requested By: Michael Moore , Printed: 12/10J2018 2:53 PM Doc: 255-1 MAP ASSESSOR 7