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HomeMy WebLinkAboutCT 16-03; BEACH VILLAGE LIFE 1 MIXED USE; Tentative Map (CT)Ccityof Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) [j] Coastal Development Pennit (*) D Minor D Conditional Use Permit(*) D Minor D Extension D Day Care (Large) [j] Environmental Impact Assessment D Habitat Management Pennit D Minor D Hillside Development Pennit (*) D Minor D Nonconfonning Construction Pennit D Planned Development Pennit D Minor D Residential D Non-Residential D Planning Commission Detennination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor D Tentative Parcel Map (Minor Subdivision) [j] Tentative Tract Map (Major Subdivision) D Variance D Minor ~? \l,,_ t~ l~-0?, D General Plan Amendment D Local Coastal Program Amendment (*) D Master Plan D Specific Plan D Zone Change (*) D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits [j] Review Permit D Administrative D Minor i] Major (*) = eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P .M. ASSESSOR PARCEL NO(S).: 203-173-02-00 ---------------------------------- PROJECT NAME: Beach Village Life 1 Mixed Use BRIEF DESCRIPTION OF PROJECT: Develop a Boutique Hotel/Spa and 10 condominiums BRIEF LEGAL DESCRIPTION: 60' Portion of Block 10 of Map 365 except for northeasterly 11 O' and 129' of northeasterly thereof LOCATION OF PROJECT: 300 Christiansen Way ----------------------------------- ON THE: South (NORTH, SOUTH, EAST, WEST) BETWEEN Carlsbad Blvd. (NAME OF STREET) P-1 STREET ADDRESS SIDE OF Christiansen Way (NAME OF STREET) AND Washington Street (NAME OF STREET) Page 1 of6 .1) r;;;:v l C.0 a l 1vised 07115 OWNER NAME (Print): Beach Village Life 1 LLC MAILING ADDRESS: 2 Strauss Terrace --------------CI TY, STATE, ZIP: Rancho Mirage, Ca 92270 TELEPHONE 858-242-9240 --------------EM A IL ADDRESS: christopherkevinboyle@gmail.com APPLICANT NAME (Print): Robert Richardson. Karnak p & D MAILING ADDRESS: 614 Calle Vicente CITY, STATE, ZIP: San Clemente, Ca 92673 TELEPHONE: 760-828-0653 --------------EMAIL ADDRESS: karnakdesign@gmail.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO 4-4-2016 TH:~~ 4-4-2016 -DA_T_E ____ --t SIGNATURE jl -DA_T_E ____ _ APPLICANT'S REPRESENTATIVE (Print): Robert Richardson, Karnak Planning & Design MAILING ADDRESS: 614 Calle Vicente CITY, STATE, ZIP: San Clemente. Ca 92673 TELEPHONE: 760-828-0653 EMAIL ADDRESS: karnakdesign@gmail.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATI -AND THAT ALL THE ABOVE INFOR 10 IS TRUE ECT TO THE BEST OF MY KNO D 4-4-2016 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. TION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING LE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH ~-~~RS IN INTEREST. NER SIGNATURE FOR CITY USE ONLY P-1 Page 2 of6 f{ECEIVED APR O 4 2016 ··cv UF CARLSBAD DATE StAtvi'P 'A~~'t~;a-,g~~~IVED RECEIVED BY: Revised 07/15 C cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm , co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Robert Richardson Corp/Part __________ _ Title Owners Agent Title --------------Address 614 Calle Vicente, San Clemente, Ca 92673 Address ___________ _ 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 (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 Chris Boyle Title officer/board member Address2 Strauss Terrace Rancho Mirage, Ca 92270 corp/PartBeach Village Life 1, LLC Title _____________ _ Address ____________ _ 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 N/ A 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 111'1 No If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. Chris Boyle Robert Richardson Print or type name of owner Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 _________ c ______ _ C cicyof Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Beach Village Life 1, LLC APPLICANT NAME: Robert Richardson Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov 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: Develop a mixed use project to include a Boutique Hotel, Day Spa and 10 Condominiums \ on the proposed land. This would include a two level below grade parking garage, Roof top private decks for 4 condominiums, and a joint roof decl for the htel and spa. P-1(8) TWO LEVELS UNDERGROUND PARKING GROUND FLOOR: 182 SQ.FT. RETAIL/ 353 SQ.FT. ART GALLERY/ 1,660 SQ.FT. DAY SPA/ 6 HOTEL ROOMS SECOND FLOOR: 7 HOTEL ROOMS/ 2 CONDOMINIUMS THIRD FLOOR: 6 CONDOMINIUMS FOURTH FLOOR: 2 CONDOMINIUMS/ HOTEL ROOF DECK Page 1 of 1 Revised 07/10 '\ Karnak Planning Design Design Features Quality Hotel & Spa with 5 Star Quality Old World Architectural Style Gas Lamps & detailing High quality Entry with glass & steel doors with high transom High quality W.I. Fencing and trim Two Lobby-shared with Spa & Hotel Suites Retail Area/ including product storage Movable front desk shared with Spa Spa Treatment Wellness Center High quality therapy Rooms 4 Single Occupancy 2 Hydo Spa w/ fountains & Living Landscape walls with 3 tub treatment room w/ view of the fountain & garden Staff lounge & lockers Boutique Hotel Back office with view of the entry Restrooms Mens Utility/Janitorial Room Womens Art Gallery Deck Spa/Jacuzzi Area Fountains Lobby two story opening Front Desk Back office Hospitality Area w/ folding wall tables etc. Hospitality Storage/service/prepartion area Restrooms Mens & Womens Restrooms Janitorial/Storage Quality Furnishing Original Antique Art & Scultures from around the world Lots of columns & arches Old world fountains Mood lighting Ice and Vending area Linen/laundry Elevator Trash shutes Stairs-4 locations 2 to Roof & 2 to parking garages Executive Suites with private decks Antiques quality furnishes Linen/maids 2 floors Exercise/Gym with view of the two story lobby Roof Deck for Hotel & Spa Area (middle deck 4 th floor area) Joint use w/ lower units and Spa participants Privacy sceen between private area BBQ area & seating pods Single Unisex Restroom Sink-hospitality area with sinks, service area and covered patio cover Planters, tree boxes, scultures, fountain and other amenities etc. Solar on roofs and tellis Mech Equip Area screened off Updated 4/4/2016 Karnak Planning Design Big Screen TV with seating and canvass cover Features Access to Carlsbad Akaline Water & treatment Solar Water & Electric Historical/Classic Style Architecture Trash Shutes/recylying On grade Fountain/patio for 2 Hydro Spas Angled parking to match the north propertyon north ROW Enriched paving Stairs down to first level parking & outdoor shower In Center of Carlsbad Vilage 1/2 block to trains 2 block to beach sand 1 Block to Village Faire Shopping Area High Quality Million Dollar Condominiums Great Room Concept Folding Glass wall to a large covered patio Master Suite 4 units to have inside access to a Private Roof Deck Patio Covered Trellis with solar panels Patio planters & tree boxes lland Kitchens Powder rooms Spectacular ocean 7/or ocean views Trahs shutes on every floor Full laundry center 6 units to have access to the Hotel/Spa community deck Basement Parking Parking 2 levels Standard & Compact/code Trash Area Trash Shute 2 SDGE Room Telephone/CTV/Security/Utility room General Storage Gas Meter Assembly Outside Shower/storage Updated 4/4/2016 Ccicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that ( check one): Ii] The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application ~ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Robert Richardson Address: 614 Calle Vicente San Clemente, Ca 92673 Phone Number: 760-828-0653 Address of Site: 300 Christiansen Way PROPERTY OWNER Name: Beach Village Life 1 LLC Address: 2 Strauss Terrace Rancho Mirage, Ca 92270 Phone Number: 858-242-9240 Local Agency (City and County): Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_3_-_1_7_3_-_0_2_-_0_0 _____________ _ Specify list(s):. _____________________________ _ Regulatory Identification Number: ______________________ _ Date of List: ______________________ '-+------------ {t,/£_ /L, The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: '::I -J....J -[ lo (To be completed by City) Application Number(s):CT (lQ-O:?>/c..n e llo-llo I RP l<c,-O<t General Information 1_ Name of project: Beach Village Life1 Mixed Use Hotel/Spa 2. Name of developer or project sponsor: Beach Village Life 1 LLC Address: 2 Strauss Terrace City, state, Zip Code: Rancho Mirage, Ca 92270 Phone Number: 858-242-9240 3. Name of person to be contacted concerning this project: Robert Richardson Address: 614 Calle Vicente City, state, Zip Code: San Clemente, Ca 92673 Phone Number: 760-828-0653 4. Address of Project: 300 Christiansen Way Assessor's Parcel Number: 203-173-02-00 --------------------- 5. 6. 7. 8. 9. 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: Major Coastal Permit, Village Review Permit, and Tentative Map Existing General Plan Land Use Designation: _V_i_lla_g_e_R_e_v_ie_w _________ _ E · t· · d' t · t VR-1 xis mg zoning 1s nc: ______________________ _ Existing land use(s): Land Use District 1 Carlsbad Village Center Proposed use of site (Project for which this form is filed): ___________ _ Mixed Use Hotel/Spa & Condominiums Project Description 10. Site size: _6_0_'_x_2_0_1_' _____________________ _ 11. 12: 13. Proposed Building square footage: _1_2_0_6_0_s_q_. fl_. _____________ _ Number of floors of construction: 4 plus 2 level basement parking Amount of off-street parking provided: _5_9 ________________ _ 14. Associated projects: _______________________ _ P-1(D) Page 2 of 4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _1_0_u_n_it_s...:.., ____ _ Units #1-1670 sf, #2-1856 sf, #3-1364 sf, #4-1640 sf, #5-1318 sf #6-1430 sf, #7-1732 sf, #8-1749 sf, #9-1550 sf, #10-2152 sf 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: ___________________ _ Hotel -13 Custom Hotel Suites Spa-1699 sq.ft. 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ N/A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: _______ _ N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __________________ _ 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). 20. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or roads. 22. Change in pattern, scale or character of general area of project. 23. Significant amounts of solid waste or litter. 24. Change in dust, ash, smoke, fumes or odors in vicinity. 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. 27. Site on filled land or on slope of 10 percent or more. 28. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31. Relationship to a larger project or series of projects. Environmental Setting Attach sheets that include a response to the following questions: Yes No D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 D 0 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 P-1(D) Page 4 of 4 Revised 07/10 {'cifyof 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 requir nts are necessary for your particular application) please call (760) 6 6 .. ,,,, Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 • Karnak Planning & Design Robert Richardson, Planner 614 Calle Vicente San Clemente, Ca 92673 (760) 434-8400 760-828-0653 e-mail: karnakdesign@gmail.com Photographic Concept Study Beach Village Life 1 plans to develop a classical "Old World" style Boutique Hotel and destination Wellness Spa with high quality million dollar condominium units on the upper floors. It is their desire to achieve a high quality 5 Star type facility even though it is not massive in size. It will have understated elegance and charm that will make it one of the best facilities in the Carlsbad Village to date. Our client has traveled the world and has obtained historical artifacts, art, sculptures, fountains and world class design features. We are also very excited to offer the Carlsbad Alkaline water in the rooms, treatments, ice and drinking water. They also want to bring architectural detailing from many of their travels into the design concepts presented in this project. This photo exhibit is a collection of classic and current facilities that have been captured in our design. Many of the photos represent almost the exactly like items in the exterior, interior, suites and units, roof decks and spa design. Architectural Features Entry View very close to what has been designed. We will have different doors but the overall look wil1 be the same. ~ ..,..., __.. hotel• -Google Sean:h Our project will have an eye porch cover similar to this and the bracket's will be on the top and instead of the underside. We will have actual Gas lamps similar to this but they will be hanging from the eyebrow. Ceiling at the two story entry Lobby The interior railing system will tie into the front entry and metal doors. '. More interior hallway detailing. Hotel Suites The project will have several different styles of quality suites. Some will have jacuzzi's and hospitality dining areas. They will have very elegant furnishings and high end bathroom facilities . Spa Wellness Center Concepts The two Hydro Spa's will look out into a private garden area with a linear fountain and a living landscape wall in each area. The rooms will have a large operable casement window to open onto this space. \ Treatment Rooms will have several different styles. Public & Private Roof Decks & Features Private patios to have some drapes for privacy. Some private patios to have wall fireplaces and casual seating. Some of the eating will have planters and open trellis that are movable for grouping and privacy. The Stairwell wall will have a Giant TV and firplace. It will also have a fabric cover over a portion of the area in front of it. Some of the condominiums will have fold glass wall from the great room giving access to the large patio living area. The Roof decks will have metal railings almost like this railing for better view of the ocean and Carlsbad Village. The decks have a few of the design ideas presented in this photo. The main Hotel/Spa will have several group seating areas with umbrella's and also a portable gas fire ring. ' The Public Roof Deck will have a covered service area with seating, planters with hedges and flower color, and landscaped columns. The hallways will be very similar to this with arches, insets, wall sculptures and even a beautiful statue at the end of the hallway. A side note that this hallway picture came from our clients actual home. Front Metal Entry Lobby Doors 'II A Two Sided Post Mounted Clock Cl TA Preliminary Report Form (Rev. 11/06) Order Number: DIV-5129809 Page Number: 1 First American Title First American Title Company Chris Boyle Beach Village Life 1, LLC 2 Strauss Terrace Rancho Mirage, CA 92270 Phone: Fax: Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 california Department of Insurance License No. 151 Beach Village Life 1, LLC DIV-5129809 (04) Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@firstam.com 300 Christiansen Way Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. 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 Cl TA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. First American Title Page 1 of 15 Order Number: DIV-5129809 Page Number: 2 This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Page 2 of 15 Dated as of March 11, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined Order Number: DIV-5129809 Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Beach Village Life 1 LLC, a Delaware limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $1,345.77, PAID Penalty: $0.00 Second Installment: $1,345.77, OPEN Penalty: $0.00 Tax Rate Area: 09098 A. P. No.: 203-173-02-00 3. Supplemental taxes for the year 2015-2016 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $11,049.87, DUE Penalty: $0.00 Second Installment: $11,049.87, DUE Penalty: $0.00 Tax Rate Area: 09098 A. P. No.: 859-150-04-55 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. Arst American Title Page 3 of 15 Order Number: DIV-5129809 Page Number: 4 5. A Deed of Trust to secure an original indebtedness of $1,000,000.00 recorded September 4, 2015 as Instrument No. 2015-0473288 of Official Records. Dated: September 4, 2015 Truster: Trustee: Beneficiary: Notes: Beach Village Life 1, LLC, a Delaware limited liability company First American Title Insurance Company, a Nebraska corporation Ludvik Grigoras and Veronica Grigoras a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 6. Water rights, claims or title to water, whether or not shown by the public records. 7. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 8. With respect to Beach Village Life 1 LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require First American Title Page 4 of 15 , Order Number: DIV-5129809 Page Number: 5 ------------···········---------INFORMATIONAL NOTES ............ J Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. The property covered by this report is vacant land. 2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded September 4, 2015 as Instrument No. 2015-0473287 of Official Records. From: Ludvik Grigoras (who erroneously acquired title as Luvik Grigoras) and Veronica Grigoras, husband and wife as joint tenants To: Beach Village Life 1 LLC, a Delaware limited liability company The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Page 5 of 15 LEGAL DESCRIPTION Order Number: DIV-5129809 Page Number: 6 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE NORTHWESTERLY 60 FEET OF BLOCK 10, OF THE TOWN OF CARLSBAD, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. EXCEPTING THEREFROM THE NORTHEASTERLY 110 FEET THEREOF. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 129.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, WITHOUT ANY RIGHT OF SURFACE ENTRY, AS FOLLOWS: A. ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS AND RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, TO ALL GEOTHERMAL HEAT AND TO ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING THAT MAY BE WITHIN OR UNDER THE PROPERTY (COLLECTIVELY, "SUBSURFACE RESOURCES"); AND B. ALL WATER RIGHTS OR INTERESTS IN WATER THAT MAY BE WITHIN, UNDER OR ON THE PROPERTY, WHETHER SUCH WATER RIGHTS ARE CHARACTERIZED AS RIPARIAN, OVERLYING, APPROPRIATIVE, PERCOLATING, PRESCRIPTIVE OR CONTRACTUAL, TOGETHER WITH THE RIGHT AND POWER OF GRANTOR (AND HIS SUCCESSORS/ASSIGNS) TO USE OR UTILIZE ON ANY OTHER PROPERTY OWNED OR LEASED BY GRANTOR, OR TO UTILIZE WATER FROM THE PROPERTY FOR ANY OTHER BENEFICIAL PURPOSE (INCLUDING, BUT NOT LIMITED TO, DISTRIBUTION OF WATER FROM THE PROPERTY TO THIRD PARTIES), ANY AND ALL WATER RIGHTS OR INTERESTS IN WATER ASSOCIATED WITH THE PROPERTY NO MATTER HOW SUCH RIGHTS WERE ACQUIRED OR WHETHER SUCH RIGHTS WERE PREVIOUSLY EXERCISED BY GRANTOR. APN: 203-173-02-00 First American Title Page 6 of 15 09 THIS MAP WNS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. 1'CONOO 111LLAGE BY THE SEA MODULED OOC04-712142 (SEE SHT 2) 2'CONOC 3' VlllAGE HY THf SC'A DOC04-371872 (S£E SHT2) BYTMESEA ill 1175 SHT 2) ,o <;,'3p..O~ c.P..~\.. .,,,,--\ ~ @ SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 203 PAGE 17 @ 203-17 SHT 1 OF 2 '> 0 ~ "' 0 ~ ~ IC/ ~ I~ <{ IC ~ 1"=100' 8 d i n n ~t ;,! i 'I:: 1ll 1, iii ~ a5 t, J ; ~ 1; ! f, ... ':' It" ~ ~ rn 0 1, .. ~~ !~ ~ d ~ I~' ~.~ "' I~ t iH ~~ ~~ 8 1~ N N ~~ !;o -"' :!!; 88 8 ~ ;/; ,?~ ~l 'I~ ~~ ~ ~ ~ ~ --~ N! ~, ~~ ~ ~ MAP 14580-CARLSBAD TCT NO 01-10 VILLAGE BY THE.SEA MAP 1661 -CARLSBAD LANDS MAP 7751365. 535) -TOWN OF CARLSBAD AMENDED ROS 8648,9536,19530,19575 NOTICE Order Number: DIV-5129809 Page Number: 8 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 8 of 15 First.American Dt1e First American Title Page 9 of 15 Order Number: DIV-5129809 Page Number: 9 First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 (619)238-1776 WIRE INSTRUCTIONS for Order Number: DIV-5129809 Page Number: 10 First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, California PAYABLE TO: BANK: ADDRESS: ACCOUNT NO: ROUTING NUMBER: First American Title Company First American Trust, FSB 5 First American Way, Santa Ana, CA 92707 3008270000 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 300 Christiansen Way, Carlsbad, CA FILE NUMBER: DIV-5129809 (04) PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Korey Mulvey AT (619)231- 4670 OR kmulvey@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDITIONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDITIONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. First American Title Page 10 of 15 EXHIBIT A Order Number: DIV-5129809 Page Number: 11 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (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 are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: First American Title Page 11 of 15 (a) a notice of exercising the right appears in the public records on the Policy Date Order Number: DIV-5129809 Page Number: 12 (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you (d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Rrst American Title Page 12 of 15 Order Number: DIV-5129809 Page Number: 13 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy fonm may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage ( and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: First American Title Page 13 of 15 Order Number: DIV-5129809 Page Number: 14 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 ll(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. Rrst American Title Page 14 of 15 ~ , First American Title Privacy Information We Are Committed to Safeguarding Customer Information Order Number: DIV-5129809 Page Number: 15 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confldentlallty and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Seairity We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 First American Title Page 15 of 15 Privacy Information (2001-2010 First American Financial Corporation)