Loading...
HomeMy WebLinkAboutCT 00-18; CANTARINI RANCH - 3RD EXTENSION; Tentative Map (CT)C_ City of Carlsoad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) (FOR DEPT. USE ONLY) L,allillfYI Pwmlts (FOR DEPT. USE ONLY) D Coallllll Development Permit (·) D Minor D Condltlonal UH Permit (") D Minor D Extension D Day Care (Large) D Environmental Impact Aueaament D Habitat Management Permit 0Mlnor D Hlllalde Development Permit (") D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission DetermlneUon D Reasonable Accommodation D Site Development Plan 0Mlnor D Spacial UH Permit D TentaUve Parcel Map (Minor Subdlvlalon) II) Tentative Tract Map (Major Subdivision) D (ExtensUon) D Variance Minor Cf 00·1'1' D General Plan Amendment D Local Coallllll Program Amendment (·) D Meeter Plan D Specific Plan D Zona Change (") OAmandment OAmandment D zone Code Amendment South Carlfbld eo,,tat Raytaw Am e,,ma, D Review Permit D Administrative D Minor D Major Vllt,a, B,ylpw &H ptnn/tJ D Review Permit D Admlnlslratlve D Minor D Major 1·1 = allglble for 25% dlacount B NOTa: A PROPOSED PROJECT RIQUIUNG MULnPU! APPLICATIONS MUIT Bl! IU8111TT!D Pftl0R TO 3:30 P.11. A PROPOSl!D PROJl!CT lmQUIRING ONLY DNI!! APPLICATION IIU8T • IIUBllrTTl!D PRIOR TO 4:0I P.M. ASSESSOR PARCEL NO(S).: 209-070-01 & 02 -------------------------------PROJECT NAME: Cantarini Ranch -------------------------------BRIEF DESCRIPTION OF PROJECT: Two year extension of approved Cartsbad Tentalive Tract CT 00-16 {Cantarinl Ranch) BRIEF LEGAL DESCRIPTION: Paroel A of Certificate ol Compliance n,corded Mard1 'ZT, 2007 as file No. 2007-0205872, po,1lons of lols •e•, •o• and "E" of Map No. 823, and easements for ingress, egress and public utilities on portions of lots "B", "D" and "E" of Map No. 823 LOCATION OF PROJECT: N/A --------------=s=TR"'E==ET=AD=DR"'E°'s"'sc------------- ON THE: East SIDE OF College Boulevard ---,("'NO""R"'TH=-, ""so"'u""TH=-, EAS=c=T,-,, w"'E"'s=T)=--- BETWEEN North AND El Camino Real ---~(NA=M=E~o=F~s=TR"'E==ET=-) -- P-1 Page 1 016 (NAME OF STREET) (NAME OF STREET) Reviaad 07 /15 , ,... --- OWNER NAME APPLICANT NAME (Print): (Print): Cantarini, LLC. Cantarlnl, LLC. MAILING ADDRESS: 5796 Annada Drive, Suite 300 MAILING ADDRESS: 5796 Armeda Drive, Suite 30D CITY. STATE ZIP: Carlsbad, CA 92009 CITY, STATE, ZIP: Carlsbed, CA 92009 TELEPHONE: (760) 602-5850 TELEPHONE: (760) 602-5850 EMAIL ADDRESS: mdharper@westdevllc.com EMAIL ADDRESS: mdharper@westdevtlc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATI\IE .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 KNO\M..EDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS AP~~N. ,r,., t "'i ~~ k).,. -J';,,Jt--t¥ ~Sh--SIGNA RE DATE SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): Patrick Zabrocki, Howes Weiler & Associates MAILING ADDRESS: 2888 Loker Avenue East, Suite 217 CITY, STATE, ZIP: Carlsbad,CA,92010 TELEPHONE: 760-929-2888 EMAIL ADDRESS: pzabrocki@hwplanning.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLE~ ~/;JlrJ< ~ % ~;;;:# SIG,tru== UATE , 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 BIN~ ANY S CCESSORS IN INTEREST. PROPERTY OWN SIGNATURE FOR CITY USE ONLY P-1 Page2ol6 RECr.l\1ED JUN 1 8 2018 RECENEDBY: Revised 07/15 , Ccityof Carlsoad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov . Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MY§! be disclosed at the time of application submittal. Your project cannot be reviewed until this Information Is completed. Please print. Note: Peraon Is defined as "Any Individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, In this and any other county, city and county, city munlclpallty, district or other polltlcal subdivision or any other group or combination acting as a unit." Agenta 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 & persons having a financial interest in the application. If the applicant includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (NIA) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached If necessary.) Person Marc Harper Corp/Part._C_a_n_ta_n_·n_i,_L_L_C _____ _ Title Pntlident of West Parlllon. LLC. the Manager Title -------------Address _________ _ Address 5796 Amada Drive. Sule 300. Ca-d, CA 92009 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of & persons having any ownership interest In the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership Includes a corporation or partnership. Include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (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 Marc Harper Corp/Part~C_a_n_ta_ri_ni_, _LL_C _____ _ Title Pntlident of Well Parlllon, LLC. the Manager Title ·------------- Address. _________ _ Address 5796 Annada Drive, Suite 300 R,_r-,-1,,·:··g Carlsbad, CA 92009 -"'-/ . ~ .... -· JUN l 8 2013 ClTY : . .. ,, .. ,IJPage1of2 Revlaad07110 r-, ' ' ,.-~-> ,. ' . _,-, -,,,; ,/,_.,,...,, l 3. NON.PROFIT ORGANIZATION OR TRUST If any person Identified pursuant to (1) or (2) above is a nonprofit organization or a trust. list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non ProfiVTrust'--------Non 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? D Yes !Ill No If yes, please indicate person(s): _________ _ NOTE: Attach additional sheets if necessary. I certify that ail the above information is true and correct to the best of my knowledgei ~ £} ~~ S,~f--{J 811& :A~. .r~1-rJ> Signatureof owner/de Signature of applicant/ ~le Marc Harper, Preeldent of Weld Partners, LLC, the Manager Print or type name of owner Marc Harper, President of West Partners, U.C, the Manager Print or type name of applicant Signature of owner/applicant's agent if applicable/date Patrick Zabrocki, Howes Weiler & Associates Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 C City of Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: Cantarini Ranch Tentative Map Extension APPLICANT NAME: Cantarini, LLC. 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: This application is being submitted to extend the approved Cantarini Ranch Tentative Map CT 00-18 for a two-year time period. JUN 1 8 2018 C:: P-1(8) Page 1 of 1 Revised 07/10 Ccityof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Plannlng Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Govamment Code Section 65962.5) Pursuant to State of California Government Coda Section 65962.5, I have consulted the Hazardous Wasta and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that ( check one): Iii The development project and any altematlvas proposed in this application are not contained on the lists compllad pursuant to Section 65962.5 of the State Govamment Code. D The development project and any altematlves proposed In this application m contained on the lists compiled pursuant to Section 65962.5 of the State Govamment Code. APPLICANT Name: Cantarini, LLC Address: 5796 Armada Drive, Suite 300 Carlsbad, CA 92009 Phone Number: 760-444-2921 PROPERTY OWNER Name: Cantarini, LLC Address: 5796 Armada Drive, Suite 300 Carlsbad, CA 92009 Phone Number: 760-444-2921 Address of Site: East of College Boulevard and North of El Camino Real Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_9_-_0_7_0_-_1_3 ____________ _ Specifylist(s):_N_/_A _____________________ _ Regulatory Identification Number:._N_/_A __________________ _ Date of List: N/ A ·--------------------------- ..,........,,..ll/.~W~--=-'4,--+--___ s--_~_,-_11 ;t;{4c-:e L .,~,-,;> Applicant Signature/Date Property Owner Signatu~ The Hazardous Waste and Substances SitJ'.:liiti~ort4iiat'Us&)~s used by the State, local agencies and developers to comply with the California l:nilironmlll'llal Quality Act requirements in providing infonnatlon about the location of h~/tlf riamJ,ls release sites. Ci,-,/ , "' / ., ') P-1(C) Paga 1 of2 Ravlaed 02/13 t { City of Carlsbad EIA INFORMATION FORM P-1(0) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e., Environmental Impact Report, Mitigated Negative Declaration, Negative Declaration or Exemption) will be required to be prepared for your application, per the California Environmental Quality Act (CEQA) and Title 19 of Carlsbad's Municipal Code. The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determination should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negative Declaration is being sought. The more information provided in this form, the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form -Initial Study. ) P-1(0) Page 1 of4 Revised 07 /10 ( -; ) ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: :J.,v\L.. \'?, 1 l<>\'6 (To be completed by City) Application Number(s): C.1 Oo-l i'> (¥'f:b11v1 11:3) General Information 1_ Name of project: Cantarini Ranch Tentative Tract Map Extension 2. Name of developer or project sponsor: _C_a_n_ta_r_i_n_i ,_L_L_C __________ _ 3. Address: 5796 Armada Drive, Suite 300 City, State, Zip Code: Carlsbad, CA 92009 Phone Number: (760} 602-5850 Mike Howes Name of person to be contacted concerning this project: ____________ _ Address: 2888 Loker Avenue East City, State, Zip Code: Carlsbad, CA 92010 Phone Number: 760-929-2288 4_ Address of Project: East of College Boulevard and North of El Camino Real Assessor's Parcel Number: 209-070-13 --------------------- 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: NA 6. Existing General Plan Land Use Designation: _R_L_M_&_O_S __________ _ 7. Existing zoning district: _O_S_&_R_-_1_-_o_.5_O _______________ _ 8. Existing land use(s): _V_a_c_a_n_U_A_g_r_ic_u_l_tu_r_e _____________ _ 9. Proposed use of site (Project for which this form is filed): approved residential Continuation of previous Project Description 10. Site size: _1_5_6_._7_2 ______________________ _ 11. 12: 13. 14. P-1(0) Proposed Building square footage: _N_A _________________ _ Number of floors of construction: _N_A __________________ _ Amount of off-street parking provided: _N_A ________________ _ Associated projects: _N_A ______________________ _ Page 2 of 4 Revised 07/10 • 15. If residential, include the number of units and schedule of unit sizes: _1.:....::0_4'---------- 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: _____________________ _ NA 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ NA 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NA P-1(D) Page 3 of 4 Revised 07/10 Are the following items applicable to the project or its effects? Discuss all items checked yes (attach additional sheets as necessary). Yes No 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial O 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or O 0 roads. 22. Change in pattern, scale or character of general area of project. 0 0 23. Significant amounts of solid waste or litter. 0 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. 0 [Z] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or O 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 0 [Z] 27. Site on filled land or on slope of 10 percent or more. 0 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, 0 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, 0 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). O [Z] 31. Relationship to a larger project or series of projects. 0 [Z] Environmental Setting Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: ---0 ......... ~-/g',____ __ --~ Signature: ~r----- For: / ----------------- P-1(D) Page 4 of 4 Revised 07/10 {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 appllcatlon submittal requirements (i.e., clarlflcatlon regarding a specific requirement or whether all requirements are necessary for your particular appllcatlon) please call (760) 602-4610. Applicant Signature: !"1.4,,. J;t ~ Staff Signature: Date: To be stapled with receipt to the application ,-· t ' j JUN 1 8 2018 r,-,. . .,,1 ' .. F •. , P-1(E) Page 1 of 1 Revised 07/10 .1f:1F N T G , l'HICAGOTITLE G Fidtllty Natloa•I Title (I Co.111,:c:.uealtlf BUILDER SERVICES 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.: 00076568-996-SDl-KC Chicago Title/San Diego 2365 Northside Drive #600 San Diego, CA 92108 ATTN: Annemarie Lococo Email: thelococogroup@ctt.com Ref: 73717010280 PROPERTY: COLLEGE BLVD., CARLSBAD, CA Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin (SD/BS) Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com THIRD AMENDED PRELIMINARY REPORT In response to the application/or a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed F.xceptions and F.xclusions 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 arbilrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner 's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list al/ liens, defects and encumbrances affecting title to the land. Chicago Title Company By RindyQwrk. Ptffldfnt ..... Mictiul Grsverit. Stcrttaly CLTA Preliminary Report Form -Modified (11/17/06) Page 1 ~FN T G ,_;;.; CHICAGOTJTLE e Fidtltty Natioaal Title- fl CanmonwlNlth" BUILDER SERVICES PRELIMINARY REPORT EFFECTIVE DA TE: April 24, 2018 at 7:30 a.m. ORDER NO,: 00076568-996-SDI-KC The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Owners Policy (04-08-14) " . ,,,/ 2365 Northside Drive, Suite 600 San Diego, CA 92108 Phone: (619) 521-3500 Fax: (619) 521-3608 I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) 1 Easement(s) more fully described below as to Parcel(s) 2 and 3 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CANT ARI NI, LLC, a California limited liability company, as to Parcels 1 and 3; WSL DOS COLINAS R/E, LLC, a California limited liability company, as to Parcel 2 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17/06) Page 2 PRELIMINARY REPORT YOUR REFERENCE: 737170 I 0280 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00076568-996-SDI-KC THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL I: PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED MARCH 27, 2007 AS FILE NO. 2007-0205872, BEING THOSE PORTIONS OF LOTS "B", "D" AND "E" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF COLLEGE BOULEVARD, 102.00 FEET WIDE, WITH THE NORTHEASTERLY LINE OF CARLSBAD TRACT NO. 83-36 ACCORDING TO MAP THEREOF NO. I 1242 FILED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 23, 1985 AS FILE NO. 85-183223 OF OFFICIAL RECORDS, SAID CENTERLINE HAVING A COURSE OF NORTH 22°55'15" EAST 957.43 FEET AS SHOWN ON RECORD OF SURVEY MAP NO. 17348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 12, 2002 AS FILE NO. 2002-0308511 OF OFFICIAL RECORDS (NORTH 22°49'22" EAST 957.16 FEET RECORD PER MAP NO. 11242); THENCE, CONTINUING NORTHEASTERLY ALONG THE PROLONGATION OF SAID CENTERLINE OF COLLEGE BOULEY ARD, NORTH 22°55'15" EAST 379.99 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE NORTHEASTERLY AND NORTHERLY 630.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°47'55" TO THE SOUTHERLY LINE OF THE LAND DESCRIBED AS PARCEL I IN DOCUMENT NOS. 89-561719 AND 2001-0167132 RECORDED OCTOBER 17, 1989 AND MARCH 22, 2001, RESPECTIVELY, IN OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING; THENCE, CONTINUING NORTHERLY AND NORTHWESTERLY 522.46 FEET ALONG SAID CURVE AND CENTERLINE OF COLLEGE BOULEVARD THROUGH A CENTRAL ANGLE OF 21°22'55"; THENCE NORTH 24°15'35" WEST 249.01 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 2000.00 FEET; THENCE NORTHWESTERLY 779.26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°19'27"; THENCE NORTH 46°35'02" WEST 381.96 FEET; THENCE, LEAVING SAID CENTERLINE OF COLLEGE BOULEVARD, NORTH 53°21'51" EAST 352.46 FEET; THENCE NORTH 54°34'45" EAST 101.24 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 630.00 FEET; THENCE EASTERLY 646.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58°47'19"; THENCE SOUTH 66°37'56" EAST 246.82 FEET TO THE BEGINNING OF A TANGENT CURVE CONCA VE NORTHERLY HA YING A RADIUS OF 470.00 FEET WHICH IS ALSO TANGENT TO A LINE THAT IS PARALLEL WITH AND DISTANT 30.00 FEET NORTH OF THE SOUTHERLY LINE OF SAID LOT "E" OF RANCHO AGUA HEDIONDA ACCORDING TO MAP THEREOF NO. 823 AND SOUTHERLY LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 1995-0100176 RECORDED MARCH 9, 1995 IN OFFICIAL RECORDS AND SHOWN ON RECORD OF SURVEY NO. 7918 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 10, 1974, SAID DOCUMENT NO. 1995-0100176 AND RECORD OF SURVEY NO. 7918 ARE COLLECTIVELY HEREINAFTER REFERRED TO AS REFERENCE NO. I; THENCE SOUTHEASTERLY AND EASTERLY 187.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°48'59"; THENCE SOUTH 89°26'55" EAST 300.78 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY 39.21 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'28"; THENCE SOUTH 82°38'27" EAST 233.40 FEET TO SAID SOUTHERLY LINE OF LOT "E" AND SAID SOUTHERLY LINE OF REFERENCE NO. I; THENCE SOUTH 89°26'55" EAST 678.35 FEET ALONG SAID SOUTHERLY LINE TO THE CORNER COMMON TO SAID LOTS "B", "D" AND "E"; THENCE SOUTH 89°26'55" EAST 469.46 FEET ALONG THE SOUTHERLY LINE OF SAID LOT "D" AND SAID SOUTHERLY LINE OF REFERENCE NO. 1 TO A POINT DISTANT NORTH 89°26'55" WEST 1073.97 FEET FROM THE SOUTHEAST CORNER OF SAID LOT "D" AND SOUTHEAST CORNER OF SAID REFERENCE NO. !; THENCE, LEAVING SAID SOUTHERLY LINE, NORTH 02°24'17" EAST 41.76 FEET; THENCE SOUTH 80°25'24" EAST 96.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY AND SOUTHEASTERLY 91.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15°53'20" TO SAID SOUTHERLY LINE OF LOT "D" AND SAID SOUTHERLY LINE OF REFERENCE NO. I; THENCE SOUTH 89°26'55" EAST 890.19 FEET TO SAID SOUTHEAST CORNER; SAID SOUTHEAST CORNER ALSO BEING THE CLTA Preliminary Report Fom1 -Modified (11/17/06) Page 3 PRELIMINARY REPORT YOUR REFERENCE: 73717010280 EXHIBIT A (Continued) Chicago Title Company ORDER NO.: 00076568-996-SDI-KC NORTHEAST CORNER OF SAID PARCEL I DESCRIBED IN DOCUMENT NO. 89-561719 AND 2001-0167132; THENCE, FOLLOWING THE BOUNDARY OF SAID PARCEL I, SOUTH 20°20'08" WEST 2268.50 FEET TO THE SOUTHEAST CORNER OF PARCEL I; THENCE, CONTINUING ALONG SAID BOUNDARY, NORTH 81°36'39" WEST 1193.96 FEET; THENCE NORTH 81 °34'45" WEST 1275.62 FEET TO THE TRUE POINT OF BEGINNING. APN: 209-070-13 PARCEL 2: A NON-EXCLUSIVE PERPETUAL EASEMENT FOR PEDESTRIAN AND VEHICULAR INGRESS AND EGRESS ON, OVER AND UNDER A THAT PORTION OF PARCEL B OF CERTIFICATE OF COMPLIANCE RECORDED SEPTEMBER 13, 2007 AS INSTRUMENT NO. 2007-06031 I 1 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO, SAID PARCEL B BEING A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID PORTION OF PARCEL B BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 24.00 FOOT WIDE STRIP OF LAND LYING 12.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT AN ANGLE POINT IN THE BOUNDARY OF SAID PARCEL B, SAID POINT BEING THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED ON SAID CERTIFICATE OF COMPLIANCE AS "S46°35'02"E, 647.81'',SAID POINT ALSO BEING A POINT ON THE CENTERLINE OF COLLEGE BOULEY ARD DEDICATED TO THE PUBLIC PER DOCUMENT RECORDED IN SAID OFFICE OF THE COUNTY RECORDER ON MARCH 27, 2007 AS INSTRUMENT NO. 2007-0205880 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY OF SAID PARCEL BAND SAID CENTERLINE SOUTH 46°34'3 l" EAST (RECORD SOUTH 46°35'02" EAST PER SAID CERTIFICATE OF COMPLIANCE), 285.56 FEET; THENCE LEAVING SAID BOUNDARY AND CENTERLINE SOUTH 43°25'29" WEST, 51.00 FEET TO A POINT ON THE WESTERLY SIDELINE OF SAID COLLEGE BOULEY ARD, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEA YING SAID SIDELINE AND CONTINUING SOUTH 43°25'29" WEST, 13.26 FEET TO THE BEGINNING OF A 174.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 40°21'29" A DISTANCE OF 122.56 FEET; THENCE SOUTH 03°04'00"W WEST, 1 I 1.67 FEET: THENCE NORTH 86°56'00"W WEST, 7.88 FEET TO THE BEGINNING OF A 70.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 45°00'00" A DISTANCE OF 54.98 FEET; THENCE SOUTH 48°04'00"W, WEST, 40.35 FEET TO THE BEGINNING OF A 500.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'00" A DISTANCE OF 71.41 FEET; THENCE SOUTH 39°53'00" WEST, 35.16 FEET TO THE BEGINNING OF A 70.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50°25'09" A DISTANCE OF 61.60 FEET; THENCE RADIAL TO SAID CURVE SOUTH 00°18"09" WEST, 40.43 FEET TO THE BEGINNING OF A 90.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53°29'19" A DISTANCE OF 84.02 FEET; THENCE RADIAL TO SAID CURVE SOUTH 36°48'50" WEST, 46.43 FEET; THENCE SOUTH 55°37'39" WEST, 26.51 FEET TO THE BEGINNING OF A 160.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°32'33" A DISTANCE OF 79.71 FEET; THENCE SOUTH 84°10'12" WEST, 53.76 FEET TO THE BEGINNING OF A 300.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°06'12" A DISTANCE OF 115.73 FEET; THENCE SOUTH 62°04'00" WEST, 487.80 FEET TO A POINT IN THE WESTERLY BOUNDARY OF SAID PARCEL B, SAID POINT BEING THE POINT OF TERMINUS. CL TA Preliminary Report Form -Modified (11/17/06) Page 4 PRELIMINARY REPORT YOUR REFERENCE: 737170 l0280 EXHIBIT A (Continued) Chicago Title Company OROER NO.: 00076568-996-SDI-KC THE SIDELINES OF THE HEREINABOVE DESCRIBED 24.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR EXTENDED TO TERMINATE NORTHEASTERLY IN SAID WESTERLY SIDELINE OF COLLEGE BOULEY ARD AND SOUTHWESTERLY IN SAID WESTERLY BOUNDARY OF PARCEL B. PARCEL 3: AN EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS FOR ROAD PURPOSES OVER, ALONG AND ACROSS A STRIP OF LAND 60.00 FEET WIDE LYING WITHIN LOT "E" OF THE RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, THE EASTERLY AND SOUTHEASTERLY LINE OF SAID 60.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: COMMENCING AT CORNER NO. I OF SAID LOT "E" AS SAID CORNER IS SHOWN ON RECORD OF SURVEY MAP NO. 6 I 69, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE EASTERLY LINE OF SAID LOT "E", NORTH 00°11'00" WEST 1509.15 FEET AND NORTH 00°06'00" WEST 155.43 FEET TO THE MOST NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THOMAS E. BURKE, ET AL, RECORDED AUGUST 4, 1965 AS FILE NO. 1965-139037 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE ALONG THE BOUNDARY OF SAID LAND, RETRACING ALONG THE EASTERLY LINE OF SAID LOT "E" SOUTH 00°06'00" EAST 155.43 FEET AND SOUTH 00°11'00" EAST 164.57 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID BURKE LAND; THENCE CONTINUING ALONG SAID BOUNDARY, SOUTH 29°27'22" WEST 1213.60 FEET TO THE NORTHEASTERLY LINE OF ROAD SURVEY NO. 682. THE SOUTHERLY TERMINUS OF THE NORTHWESTERLY LINE OF SAID 60.00 FOOT STRIP IS TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE IN THE NORTHEASTERLY LINE OF SAID ROAD SURVEY NO. 682. SAID EASEMENT HAS BEEN MODIFIED BY INSTRUMENT ENTITLED EASEMENT MODIFICATION AGREEMENT RECORDED SEPTEMBER 7, 1995 AS FILE NO. 1995-0398031 OF OFFICIAL RECORDS, WHICH RECITES IN PART: "BY THIS EASEMENT MODIFICATION AGREEMENT, BANNING T. CANTARINI, TRUSTEE OF THE BANNING AND CAROL CANTARINI TRUST DATED AUGUST 13, 1982, AS AMENDED, ET AL, HEREBY AGREE THAT THE EASEMENTS DESCRIBED ON EXHIBIT "A" ATTACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE ARE HEREBY MODIFIED TO RESTRICT INGRESS AND EGRESS TO THE THREE (3) EXISTING PRIVATE RESIDENCES AND FOR USE FOR AGRICULTURAL PURPOSES ON THE REAL PROPERTY DESCRIBED ON EXHIBIT "B" A TT ACHED THEREOF AND MADE A PART THEREOF BY THIS REFERENCE." CL TA Preliminary Report Form -Modified (11/17/06) Page 5 PRELIMINARY REPORT YOUR REFERENCE: 73717010280 EXCEPTIONS Chicago Title Company ORDER NO.: 00076568-996-SD I-KC AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied forthefiscalyear 2018-2019. B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: I st Installment: 2nd Installment: Code Area: 209-070-13-00 2017-2018 $98,150.32, paid $98,150.32, paid 9162 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. The rights of the public in and to that portion of the herein described land lying within College Boulevard. 2. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No: Affects: pole lines, underground conduits and incidental purposes October 3, 1951 in Book 4252, page 595 of Official Records The route thereof affects a portion of said land and is more fully described m said document. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Recording Date: Recording No: Affects: pole lines, underground conduits together with the right of ingress and egress and incidental purposes January 21, 1960 1278 I of Official Records The route thereof affects a portion of said land and is more fully described m said document. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The City of Carlsbad public street and public utility March 27, 2007 2007-0205881 The route thereof affects a portion of said land and is more fully described in said document. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 6. Matters which may be disclosed by an inspection and/or by a correct AL TA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. CLTA Preliminary Report Porm -Modified (11/17/06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: 737170 I 0280 EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00076568-996-SDI-KC 7. 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. 8. Any claim that may arise from an assertion that the use of the herein described land constitutes an overburdening of the easement shown herein as Parcel 2 and 3. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified ( I I /17 /06) Page 7 PRELIMINARY REPORT YOUR REFERENCE: 737170!0280 REQUIREMENTS SECTION Chicago Titie Company ORDER NO.: 00076568-996-SD I-KC I. 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: CANTARINJ, LLC, a California limited liability company; WSL DOS COLINAS R/E, LLC, a California limited liability company a) A copy of its operating agreement, if any, and 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 was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form -Modified (11/17/06) Page 8 PRELIMINARY REPORT YOUR REFERENCE: 737170 I 0280 INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00076568-996-SDI-KC 1. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: 209-070-13-00 2016-2017 $94,264.25 $94,264.25 None 09162 2. None of the items shown in this report will cause the Company to decline to attach CL TA Endorsement Form I 00 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Fann 116 indicating that there is located on said Land Undeveloped Land properties, known as College Blvd., located within the city of Carlsbad, California,, to an Extended Coverage Loan Policy. 4. 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. 5. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin (SD/BS)/rp Cl,TA Preliminary Report Form -Modified (11/17/06) Page 9 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such infonnation, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal information personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, you and others related to our transactions with you. When you visit our passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing infonnation from your Internet browser, and store certain infonnation available to us through your Internet computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information ls Disclosed. We may disclose your infornrntion to infonnation to provide products and services to you, to improve our our affiliates and/or nonaffiliated parties providing services for you or products and services, and to communicate with you about these us, to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact infornrntion with by law, and to parties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit infonnation Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain disclosure or use of from children who are under the age of 13, and our website is not your infornrntion or choose to not provide any personal information to intended to attract children. us. Privacy Outside the Website. We are not responsible for the privacy International Users. By providing us with your infonnation, you practices of third parties, even if our website links to those parties' consent to its transfer, processing and storage outside of your country of websites. residence, as well as the fact that we will handle such infonnation consistent with this Privacy Notice. The California Online Privacy Protection Act. Some rNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer infonnation submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the tenns of regarding this notice or your information, please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Page I Order No. 00076568-996-SD I-KC FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services (collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Infmmation collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate-and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services,jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Infomrntion and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigati'on, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 M!SC02 I 9 (DSI Rev. 3/2/17) Copyright ID 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00076568-996-SD I-KC • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes-information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes -information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act 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. 00076568-996-SDI-KC For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way ofCCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (l) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 fNF Privacy Statement (Eff 5/1/2015) Last Updated March I, 2017 MISC0219 (DSI Rev. 3/2/17) Copyright~, 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00076568-996-SDI-KC Notice of Available Discounts Pursuant to Section 2355.3 in Title IO of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ('"FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date ofa declaration ofa disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1-10-2010 ATTACHMENT ONE CALffORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice ofa 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: l. 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 IIOMEOWNER'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: l. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that arc Known to You at the Policy Date, but not to Us, unless they arc recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 ofSchcdulc A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • Por Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' foes, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) 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 docs 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. Uncnforceability 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 uncnforceability 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 f'ROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV (PART I I "- (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) 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, suflered, 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 (c) 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 COVERAm: This policy docs 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 arc 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) Unpatentcd mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) arc shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV AL TA 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: 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 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 modif)' or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion docs not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, 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 I 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(h) 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 09 <> ' "' ,\l EB • POR • - e SHT1 /1ill ~ SHT2 I THISMAPWASPREPAAEDFORA&;ESSMEHT PI.IU'OSESOfl..Y. NO Wr8IU1'Y IS I ASSUMED FOR Tt£ /ICfJJNCf Of Tt£1l,1,TASHOWN. ASSESSCRSPARCELS tu.Y !PI IXWP\-Y Y1!D1 IP SUBQMSfQN OR BUIP!fG OftPDWiCES oo\ ~ SHT1 0' I ,.~., · · -..u7· · .,,.,, .. 1. · ~-~·· ,,, ' /169\ 1:27 MAP 823-RANCHO AGUA HEOIONDA-ROS 4223,6169,6617,13994,16445,17348 209-07 EB ... . - •