HomeMy WebLinkAboutCUP 10-10; Carlsbad Kingdom Hall; Conditional Use Permit (CUP) (5)18294 . ,;:::•-:ilm;n ,_,T THE REQUEST OF
,-'~~..: :\~0 ·nn.F COtJIPANY
-·:.;n'VI''J!ON DEPT. DOC II 2007--04:39411
: lUlilt !lill:ll! IIIII II ill !llllllllll!llllllllllllllllll !11111111 !Ill
RECORDING REQUESTED BY:
CHICAGO TITLE COMPANY
WHEN RECORDED MAIL TO:
JUN 29.2007 3:17PM
IJFFICI.~>.L RUUF-;[10:,
'-.,r·J f•lr_l,(l (_ 1): IN[', HF •:.I)Fl' It f: :. llFil. r
I F:l ._,,_:f-{(" ·-.MI'Ii. l_l)II~HY P.~(Uhl•t:R
C:l.F·:. -1::00
OC .LHJF
F·i •.. ;h t· r .. ;-: rJ ['
Palomar Congregation of Jehovah's Witnesses.
Vista, California, Inc.
2012 Hannony Way
Vista, C A 92081
; 1UI!! l~ll Ull! Ulllliill lliil Hili IIlli Un1 Ul1t IIIII Ultllillll~l Hill II
Attn: Mr. David Pe ich c?/? ~/!6 ./fr
Above Space for Recorder's Use
Tax Parcel Number 2.1 3 -~ ~, 0 · OL
GRANT DEED
In accordance with Section 11932 of the California Revenue and Taxation Code, Grantor
has declared the amount of transfer tax which is due by a separate statement which is not being
recorded with this Grant Deed.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, REAL
ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation, hereby
grants to PALOMAR CONGREGATION OF JEHOVAH'S WITNESSES. VISTA. CALIFORNIA.
INC., a California non-profit religious corporation, the following described real property situated
in the City of Carlsbad. County of San Diego, State of California:
See Exhibit" A" attached hereto and incorporated herein by this
reference (the "Property").
RESERVING UNTO GRANTOR, its successors and assigns together with the right to
grant and transfer all or a portion of the same, as follows:
A. The right and power to use or utilize on any other property owned or leased by the
Grantor, any and all water rights or interests in water rights no matter how acquired by the
Grantor, and owned or used by the Grantor in connection with or with respect to the Property,
whether such water rights shall be riparian, overlying, appropriative, percolating, prescriptive or
contractual; provided, however, that the reservation made herein shall not reserve to or for the
benefit of the Grantor any right to enter upon the surface of the Property described herein in the
exercise of such rights.
B. Easements over the Property for the construction, installation and maintenance of
electric, gas, telephone, water. sewer and drainage facilities, provided that the construction and
installation of such facilities shall not unreasonably interfere with Grantee's development of the
Property conveyed hereby.
The Property is further conveyed subject to:
RECM/Greenii/Church Sire
Uranr Deed
27817..()()()1)b/ 3778289.4 0()125107
1>-nJ
),. 18295
I. Non-delinquent general, special and supplemental real property taxes and
assessments which are a lien not yet payable; and
2. Covenants, conditions, restrictions, easements, licenses, reservations, rights,
rights-of-way and other matters of record or discoverable by inspections or surveys.
RECM:
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY,
a Delaware corporation
Name: Fred R. Schir;;J
Title: Vice President
ACCEPTED:
BUYER:
PALOMAR CONGREGATION OF
JEHOVAH'S WITNESSES. VISTA,
CALIFORNIA. INC., a California non-profit
religious corporation
By: ______________________ _
Name: ________________________ __
Title:----------------------
By: ______________________ __
Name: _____________________ __
Title: ------------------------
RECM/Grcens/Chun:h Sit~
Grant Deed
271117-00006/3778289.4 2 06125107
, ... 18296.
1. Non-delinquent general, special and supplemental rea) property taxes and
assessments which are a lien not yet payable; and
2. Covenants, conditions, restrictions, easements, licenses, reservations, rights,
rights-of-way and other matters of record or discoverable by inspections or surveys.
RECM:
REAL ESTATE COLLATERAL
MANAGEMENT COMPANY,
a Delaware corporation
By: ______________________ __
Name: Fred R. Schimel
Title: Vice President
ACCEPTED:
BUYER:
PALOMAR CONGREGATION OF
JEHOVAH'S WITNESSES, VISTA,
CALIFORNIA, INC., a California non-profit
religious corporation
RECIWGrecns/Church Site
Urant Deed
27817-00006/ 377828').4 2 06/25107
,.
::;r L Lr AJlJ lJ
STATE OF C.".UFORNIA )
)
COUNTY OF__,_W-~~t_-=-----'>
On t;C~.,R 2 ~ r J.a;! , before me,,_0_1 "'-"'-"'-t...,. . ....:.f---=1.d:..;."'.::...:.:"-=."--------''wN~o~t:!!!arv!..L..!Pu~b:!!li~c,
,..---. .
personally appeared ('F..k D SG-Iu,.,~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
R.ECMIOrccN/Church Sire
Memorandum of Rqxnchasc OptiClll Apeemenl
27817..()()0061101016133.2
"OFFICIAL SEAL•
DIANA C. MORENO
NOTARY PUBLIC, STATE OF IWNOIS
MY COMMISSION EXPIRES 10/4/2009
(Seal)
06/2j/07
·-
18297
I ....
STATE OF {J;~j../~_~}11
COUNTY OF y,A) 2>/4912
)
)
)
On <:> t-27 -<:>7 , before me, ~A,;,.,-j S';n, >Jd
18298
• Notary Public,
personally appeared l).,/11'/ iJ .frln' PC~ PI~~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
~~
)
)
COUNTY OF J'A'~ 'l?!e-t;v )
On O/-,;J'}, t:?7 , before me,,____...~.~~tF..:...:h:-.:I?JQ":..:..-...;..t:__.y'.'--· _,~~l'!::.:...!..l..c..)d..L....:-__ ___,,~N~o~tary~~Pu!!.!.b!.!.!li~c,
personally appeared A f1':V('i;t1 ~/&r..Ph#S 2),?-.4l9b/".tn
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
RECM!Grccns/Church Site
Grant Deed
27817-00006/ 3778289.4 06125/07
·-18299
EXHIBIT "A"
Legal Description of Property
PARCEL 2 OF PARCEL MAP NO. 20174 FOR MINOR SUBDIVISION NO. 05-05, LA
COSTA GREENS NEIGHBORHOODS 1.2 AND 1.3, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF
NO. 20174 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY ON DECEMBER 20, 2006 AS FILE NO. 0901065.
RE< 'M/Groxns/Chun;h Si tc
Grant Deed
~7R 17-00006 I JnR2&•l.4
E:o.:hibit ··A"
06125107
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TICOR TITLE COMPANY 2878 Camino Del Rio South #500
San Diego, CA 92108
OF CALIFORNIA (619} 260-0015
Issuing Policies of ncar Title Insurance Company
ORDER NO.:
ROGER FRUAS
EMAIL ONLY ,
2246406-CD
ATTN: ROGER FRUAS
PROPERTY: VACANT LAND ON EL CAMINO REAL,
CARLSBAD CA
Escrow/Customer Phone: (858) 337-2168
Title Officer: Candy Church/Karen Dennis -co
Title Officer Phone: 619-260-0015
Title Officer Fax: 619-692-9465
Title Officer Email: candy.church@ticortitle.com
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Ticor 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 Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
thun that set forth in the arbitration clause. all arbitrable matters shall be arbitrated at the option of either the Company or
the insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Mar:imum 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 issueq 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 Ticor Title Insurance Company. a California
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 maners 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 wrinen representation as to the condition of title and may not
list a// liens, defects and encumbrances affecting title to the land.
Ticor Title Company Ticor Title Insurance Company
IIY
1 CLTA Preliminary Report Form-Modified (11-17-06}
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TICOR TITLE COMPANY
OF CALIFORNIA
PRELIMINARY REPORT
EFFECTIVE DATE: March 24, 2010, 7:30am
The form of policy or policies of title insurance contemplated by this report is:
CLTA Standard Coverage Policy-1990
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS
REPORT IS:
A FEE as to Parcel A;
AN EASEMENT more fully described below as to Parcel B
2. mLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PALOMAR CONGREGATION OF JEHOVAH'S WITNESSES, VISTA, CALIFORNIA, INC., A
CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
2 CLTA Preliminary Report Form-Modified (11-17-06)
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PREUMINARY REPORT
LEGAL DESCRIPTION
EXHIBIT "A"
ncar Title Company
ORDER NO.: 2246406-CD
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF
CAUFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL 2 OF PARCEL MAP NO. 20174, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CAUFORNIA, ACCORDING TO MAP THEREOF RLED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY DECEMBER 20, 2006.
PARCEL B:
AN EASEMENT FOR INGRESS AND EGRESS OVER, ACROSS AND UPON THAT PORTION OF PARCEL 3 OF SAID
PARCEL MAP NO. 20174 SHOWN AND DESIGNATED ON SAID PARCEL MAP AS "30' WIDE COVENANT OF ACCESS
EASEMENT FOR BENERT OF PARCELS 2 AND 3 PER DOCUMENT NO. 2006-0901067 RECORDED DECEMBER 20,
2006 OF OFRCIAL RECORDS."
Assessor's Parcel Number: 213-110-16
3 CLTA Preliminary Report Form-Modified (11-17-06)
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PREUMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
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 for the fiscal year 2010-2011.
B. Property Taxes, including any personal property taxes and any assessments collected with taxes, for the
fiscal year 2009-2010 Assessor's Parcel Number 213-110-16.
Code Area:
1st Installment:
2nd Installment:
Land:
Improvements:
Exemption:
09027
$3,667.13 PAID
$3,667.13 PAID
$572,220.00
$0.00
$0.00 HOMEOWNERS
C. The herein described property lies within the boundaries of a Mello-Roos Community
Facilities District (CFD). This property, along with all other parcels in the CFD is liable for an annual
special tax. This special tax is included with and payable with the general property taxes of the city of
CARLSBAD , County of SAN DIEGO . Further information may be obtained by contacting the county tax
collector.
D.
1.
2.
3.
Failure to pay said taxes prior to the delinquency date may result in the above assessment being
removed from the County Tax Roll and subjected to Accelerated Judicial Bond Foreclosure.
The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5
(Commencing with Section 75) of the Revenue and Taxation Code of the State of california.
EASEMENTS AND RIGHTS OF WAY FOR ROAD AND PUBUC UTIUTIES, AND APPURTENANCES THERETO,
AS RESERVED AND/OR CONVEYED BY VARIOUS DEEDS OF RECORD.
AFFECTS: PARCEL B
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
SAN DIEGO GAS & ELECTRIC COMPANY
PUBUC UTIUTIES
JULY 27, 1960 AS INSTRUMENT NO. 151772 OF OFFICIAL RECORDS
A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID
DOCUMENT.
Reference is made to said document for full particulars.
THE FACT THAT THE RIGHT TO EXCAVATE AND TO EXTEND DRAINAGE STRUCTURES AND
EMBANKMENT SLOPES BEYOND THE UMITS OF THE STREET OR HIGHWAY NAMED BELOW, WHERE
REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE THEREOF, HAS BEEN GRANTED IN A
DOCUMENT:
STREET/HIGHWAY: THE UMITS OF ROAD SURVEY NO. 1800-1
GRANTED TO: COUNTY OF SAN DIEGO
RECORDED: JULY 24, 1970 AS FILE NO. 130797 OF OFFICIAL RECORDS
SAID INSTRUMENT ADDmONALLY CONTAINS THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE
STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE UMITS OF THE ABOVE
DESCRIBED RIGHT OF WAY WHERE REQUIRED FOR THE CONSTRUCTION AND MAINTENANCE
THEREOF .
4 CLTA Preliminary Report Form-Modified {11-17-06)
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PREUMINARY REPORT ncor Title Company
ORDER NO.: 2246406-CD
4. Matters contained in that certain document entitled A 1996 PARK AGREEMENT, dated 02/03/1997,
executed by and between CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF
CAUFORNIA AND REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION,
recorded MARCH 20, 1998 AS INSTRUMENT NO. 1998-0152412 OF OFFICIAL RECORDS, which
document, among other things, contains or provides for AS SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
5. Covenants, conditions and restrictions as set forth in the document, but omitting, except to the
extent that said covenant or restriction is controlled or permitted by any applicable federal or state law,
any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, medical condition, national origin, source of income, or ancestry.
Recorded: FEBRUARY 12, 2003 AS INSTRUMENT NO. 2003-Q164453 OF OFFICIAL
RECORDS
6. Matters contained in that certain document entitled NOTICE AND WAIVER CONCERNING PROXIMITY OF
THE PLANNED OR EXISTING EL CAMINO REAL AND ALGA ROAD TRANSPORTATION CORRIDOR(S) CASE
NO.: CT 99-03, dated 06/13/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, recorded FEBRUARY 12, 2003 AS INSTRUMENT NO. 2003-0164454 OF OFACIAL RECORDS,
which document, among other things, contains or provides for AS SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
7. Matters contained in that certain document entitled NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL
IMPACTS CASE NO.: CT 99-03, dated 06/13/2002, executed by and between REAL ESTATE COLLATERAL
MANAGEMENT COMPANY, recorded FEBRUARY 12, 2003 AS INSTRUMENT NO. 2003-0164455 OF
OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
8. The fact that the ownership of said land does not include rights of access to or from the street, highway
or freeway abutting said land, such rights having been relinquished by the map of said Tract.
Affects: EL CAMINO REAL ADJACENT TO PARCEL 2
Said land, however, abuts on a public thoroughfare, other than the one referred to above, over which the
rights of vehicular access have not been relinquished.
9. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated
10/22/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY AND THE
CITY OF CARLSBAD , recorded FEBRUARY 14, 2003 AS INSTRUMENT NO. 2003-0172871 OF OFFICIAL
RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
10. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE , dated 10/22/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY AND CITY OF CARLSBAD, recorded FEBRUARY 14, 2003 AS INSTRUMENT NO. 2003-0172872
OF OFACIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN
SAID DOCUMENT
Reference is hereby made to said document for full particulars.
5 CLTA Preliminary Report Form-Modified (11-17-06)
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PREliMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
11. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated
12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION, recorded MARCH 11, 2003 AS INSTRUMENT NO. 2003-0270073 OF
OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
12. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE, dated 12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, A DELAWARE CORPORATION , recorded MARCH 11, 2003 AS INSTRUMENT NO. 2003-
0270074 OF OFFICIAL RECORDS, which document, among other things, contains or provides for AS
SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
13. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE , dated
12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION , recorded MARCH 11, 2003 AS INSTRUMENT NO. 2003-0270077 OF
OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
14. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE, dated 12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, A DELAWARE CORPORATION , recorded MARCH 11, 2003 AS INSTRUMENT NO. 2003-
0270078 OF OFFICIAL RECORDS, which document, among other things, contains or provides for AS
SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
15. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE, dated 12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, A DELAWARE CORPORATION, recorded APRIL1, 2003 AS INSTRUMENT NO. 2003-0362099
OF OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN
SAID DOCUMENT
Reference is hereby made to said document for full particulars.
16. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated
12/10/2002, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION, recorded APRIL 1, 2003 AS INSTRUMENT NO. 2003-D362100 OF OFFICIAL
RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
17.
Reference is hereby made to said document for full particulars.
Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated
04/07/2003, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION , recorded AUGUST 12, 2003 AS INSTRUMENT NO. 2003-D969990 OF
OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
. 6 CLTA Preliminary Report Form-Modified (11-17-06)
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PREUMINARY REPORT ncor Title Company
ORDER NO.: 2246406-CD
18. Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT GEOLOGICAL
FAILURE, dated 04/07/2003, executed by and between REAL ESTATE COLLATERAL MANAGEMENT
COMPANY, A DELAWARE CORPORATION , recorded AUGUST 12, 2003 AS INSTRUMENT NO. 2003-
0969991 OF OFFICIAL RECORDS, which document, among other things, contains or provides for AS
SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
19. Covenants, conditions and restrictions as set forth in the document, but omitting, except to the
extent that said covenant or restriction is controlled or permitted by any applicable federal or state law,
any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, medical condition, national origin, source of income, or ancestry.
Recorded: JUNE 2, 2004 AS INSTRUMENT NO. 2004-0512841 OF OFFICIAL
RECORDS
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any
mortgage or deed of trust made in good faith and for value.
Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate
to the lien of a first mortgage or first deed of trust made in good faith and for value.
20. Easement(s) for the purpose{s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
CITY OF CARLSBAD, A MUNICIPAL CORPORATION
PUBUC STORM DRAIN
DECEMBER 6, 2005 AS INSTRUMENT NO. 2005-01050107 OF OFFICIAL
RECORDS ·
A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID
DOCUMENT.
Reference is made to said document for full particulars.
21. Matters contained in that certain document entitled SECOND AMENDED AND RESTATED AFFORDABLE
HOUSING AGREEMENT IMPOSING RESTRICTIONS ON REAL PROPERTY, dated 03/01/2006, executed by
and between CITY OF CARLSBAD AND REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION , recorded MARCH 27, 2006 AS INSTRUMENT NO. 2006-0210268 OF
OFFICIAL RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
22. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
ALFONSO PAZIURA, ET AL
VEHICULAR ACCESS
NOVEMBER 15, 2006 AS INSTRUMENT NO. 2006-0813909 OF OFFICIAL
RECORDS
A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID
DOCUMENT.
Reference is made to said document for full particulars.
23. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered
for dedication on the map of said tract.
Purpose:
Affects:
STREET UGHT AND MAINTENANCE
AS SHOWN ON SAID MAP
7 CLTA Preliminary Report Form-Modified (11-17-06)
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PRELIMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
24. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered
for dedication on the map of said tract.
Purpose: DRAINAGE
Affects: AS SHOWN ON SAID MAP
25. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered
for dedication on the map of said tract.
Purpose:
Affects:
GENERAL UTILITY AND ACCESS
AS SHOWN ON SAID MAP
26. Matters contained in that certain document entitled COVENANT FOR EASEMENT, dated 11/28/2006,
executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE
CORPORATION , recorded DECEMBER 20, 2006 AS INSTRUMENT NO. 2006-0901066 OF OFFICIAL
RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
27.
28.
29.
30.
Reference is hereby made to said document for full particulars.
Matters contained in that certain document entitled COVENANT FOR EASEMENT , dated 11/28/2006,
executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE
CORPORATION , recorded DECEMBER 20, 2006 AS INSTRUMENT NO. 2006-0901067 OF OFFICIAL
RECORDS, which document, among other things, contains or provides for AS SHOWN IN SAID
DOCUMENT
Reference is hereby made to said document for full particulars.
Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
SAN DIEGO GAS & ELECTRIC COMPANY A CORPORATION
PUBLIC UTILITIES
MARCH 8, 2007 AS INSTRUMENT NO. 2007-0161310 OF OFFICIAL
RECORDS
A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID
DOCUMENT.
Restrictions on the use, by the owners of said land, of the easement area as set forth in the easement
document shown hereinabove.
Reference is made to said document for full particulars.
Matters contained in that certain document entitled HOLD HARMLESS AGREEMENT DRAINAGE, dated
11/28/2006, executed by and between CITY OF CARLSBAD AND PROPERTY OWNERS REAL ESTATE
COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION , recorded APRIL 24, 2007 AS
INSTRUMENT NO. 2007-0278673 OF OFFICIAL RECORDS, which document, among other things, contains
or provides for AS SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
Covenants, conditions and restrictions as set forth in the document, but omitting, except to the
extent that said covenant or restriction is controlled or permitted by any applicable federal or state law,
any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial
status, marital status, disability, medical condition, national origin, source of income, or ancestry.
Recorded: JUNE 29, 2007 AS INSTRUMENT NO. 2007-0439410 OF OFFICIAL
RECORDS
8 CLTA Preliminary Report Form-Modified (11-17-06)
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PRELIMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
31. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document:
Reserved by:
Purpose:
Recorded:
Affects:
REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE
CORPORATION
THE CONSTRUCTION, INSTALLATION AND MAINTENANCE OF
ELECTRIC, GAS, TELEPHONE, WATER, SEWER AND DRAINAGE
FACILITIES, PROVIDED THAT THE CONSTRUCTION AND INSTALLATION
OF SUCH FACILITIES
JUNE 29, 2007 AS INSTRUMENT NO. 2007-0439411 OF OFFICIAL
RECORDS
THE EXACT LOCATION AND EXTENT OF SAID EASEMENT IS NOT
DISCLOSED OF RECORD
Reference is made to said document for full particulars.
32. Water rights, claims or title to water, whether or not disclosed by the Public Records.
33. Matters contained in that certain document entitled REOPROCAL EASEMENT AGREEMENT, dated
06/28/2007, executed by and between REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A
DELAWARE CORPORATION AND PALOMAR CONGREGATION OF JEHOVAH'S WITNESSES, VISTA,
CALIFORNIA, INC., A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION, recorded JUNE 29, 2007 AS
INSTRUMENT NO. 2007-0439413 OF OFFICIAL RECORDS, which document, among other things, contains
or provides for AS SHOWN IN SAID DOCUMENT
Reference is hereby made to said document for full particulars.
34. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document;
Granted to:
Purpose:
Recorded:
Affects:
REAL ESTATE COLLATERAL MANAGEMENT COMPANY
ACCESS AND UTILITY EASEMENT AND LANDSCAPE EASEMENT
JUNE 29, 2007 AS INSTRUMENT NO. 2007-0439413 OF OFFICIAL
RECORDS
A PORTION OF SAID LAND AS MORE FULLY DESCRIBED IN SAID
DOCUMENT.
Reference is made to said document for full particulars.
35. Matters contained in that certain document entitled MEMORANDUM OF REPURCHASE OPTION
AGREEMENT, dated 06/28/2007, executed by and between PALOMAR CONGREGATION OF JEHOVAH'S
WITNESSES, VISTA, CALIFORNIA, INC., A CALIFORNIA NON-PROFIT RELIGIOUS CORPORATION AND
REAL ESTATE COLLATERAL MANAGEMENT COMPANY, A DELAWARE CORPORATION, recorded JUNE 29,
2007 AS INSTRUMENT NO. 2007-0439414 OF OFFICIAL RECORDS, which document, among other things,
contains or provides for AS SHOWN IN SAID DOCUMENT
36.
Reference is hereby made to said document for full particulars.
We find no open Deeds of Trust of record. Please verify by inquiry of escrow personnel and/or agents
whether or not we have overlooked something and advise the title department accordingly prior to close
of escrow.
9 CLTA Preliminary Report Form-Modified (11-17-06)
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PREUMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
37. This Company will require the following documents for review prior to the issuance of any title
assurance predicated upon a conveyance or encumbrance by the corporation named below.
Corporation: PALOMAR CONGREGATION OF JEHOVAH'S WITNESSES, VISTA, CAUFORNIA, INC., A
CAUFORNIA NON-PROFIT REUGIOUS CORPORATION
(a) A copy of the Corporation By-Laws and Articles of Incorporation.
(b) An original or certified copy of a resolution authorizing the subject transaction, together with a
Certificate of Compliance pursuant to Section 5912 or 7912 Corporations Code.
(c) If the Articles and/or By-Laws require approval by a "parent" organization, a copy of the Articles and
By-Laws of the parent.
The right is reserved to add requirements or additional items after completion of such review.
38. This company will require a statement of information from the parties named below in order to
complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters
which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens
or encumbrances thereon. After review of the requested Statement(s) of Information the Company may
have additional requirements before the issuance of any policy of title insurance.
Parties: THE BUYERS IN THIS TRANSACTION
(Note: The statement of information is necessary to complete the search and examination of title under
this order. Any title search includes matters that are indexed by name only, and having a completed
statement of information assists the Company in the elimination of certain matters which appear to
involve the parties but in fact affect another party with the same or similar name. Be assured that the
statement of information is essential and will be kept strictly confidential to this file.)
FAILURE TO PROVIDE THIS STATEMENT OF INFORMATION IN A TIMELY MANNER MAY
DELAY THE CLOSING OF THIS TRANSACTION.
END OF ITEMS
10 CLTA Preliminary Report Form-Modified (11-17-06)
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PREUMINARY REPORT Ticor Title Company
ORDER NO.: 2246406-CD
NOTES
1. The current owner does NOT qualify for the $20.00 discount pursuant to the coordinated stipulated
judgments entered in actions filed by both the Attorney General and private class action plaintiffs for the
herein described property
2.
3.
4.
5.
6.
There are NO deeds affecting said land recorded within twenty-four (24) months of the date of this
report.
NOTE: In compliance with the new RESPA regulations, Ticor Title Company will be averaging recording
fees for Single Family 1-4 Residential properties. Please contact your Title Officer to obtain the current
recording fees. In addition, Ticor Title Company will pay our underwriter 12% of the title premium, as
disclosed on lines 1107 and 1108 of the HUDl.
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.
NOTE: Amended Civil Code Section 2941, which becomes effective on January 1, 2002, sets the fee for
the processing and recordation of the reconveyance of each Deed of Trust being paid off through this
transaction at $45.00. The reconveyance fee must be clearly set forth in the Beneficiary's Payoff
Demand Statement ("Demand"). In addition, an assignment or authorized release of that fee, from the
Beneficiary to the Trustee of record, must be included. An example of the required language is as
follows:
"The Beneficiary identified above hereby assigns, releases or transfers to the Trustee of record, the sum
of $45.00, included herein as 'Reconveyance Fees', for the processing and recordation of the
Reconveyance of the Deed of Trust securing the indebtedness covered hereby, and the escrow company
or title company processing this pay-off is authorized to deduct the Reconveyance Fee from this Demand
and forward said fee to the Trustee of record or the successor Trustee under the Trust Deed to be paid
off in full."
In the event that the reconveyance fee and the assignment, release or transfer thereof are not included
within the demand statement, then Ticor Title Company may decline to process the reconveyance and
will be forced to return all documentation directly to the Beneficiary for compliance with the requirements
of the revised statute.
If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or
association provides a copy of a declaration, governing document or deed to any person, california law
requires that the document provided shall include a statement regarding any unlawful restrictions. Said
statement is to be in at least 14-point bold face type and may be stamped on the first page of any
document provided or included as a cover page attached to the requested document. Should a party to
this transaction request a copy of any document reported herein that fits this category, the statement is
to be included in the manner described. ·
11 CLTA Preliminary Report Form-Modified (11-17-06)
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PRELIMINARY REPORT Ticer Title Company
ORDER NO.: 2246406-CD
NOTES (CONTINUED)
WIRE INSTRUCTIONS-EFFECTIVE 12-28-09
When funds are wired to Ticor Title Company, please use the instructions below:
U.S: Bank ABA (routing number) 122 235 821
535 Westminster Mall, 1st Floor Account No: 153495531573
Westminster, CA 92683 Account Name: Ticor Title Company San Diego
Please credit ncor Title Company -San Diego Title and reference our order number 2246406 to avoid
return of funds
Funds received by Ticor Title Company via wire transfer may be disbursed upon receipt. Funds received by this Company via
cashier's check or teller's check may be disbursed on the next business day after the day of deposit. If escrow funds
(including shortage checks) are disbursed to this company other than by wire transfer, cashier's check or
teller's check, disbursement and/or closing will be delayed 3 to 7 business days. Questions concerning deposit
and/or disbursement of escrow and sub-escrow funds and recording should be directed to your title officer, escrow officer or
loan payoff officer.
Outgoing wire transfers will not be authorized until we have confirmation of our recording and one (1} of the following:
A. We have received confirmation of the respective incoming wire.
B. Collection of a deposited check.
PAYOFFINFORMAJlON
NOTE: This company DOES require current beneficiary demands prior to closing. If the demand is expired and a current
demand cannot be obtained, our requirements will be as follows:
If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
This hold will be over and above the verbal hold the lender may have stipulated.
If this Company cannot obtain a verbal update on the demand, we will either pay off of the expired demand, or wait for the
amended demand, at the discretion of the escrow.
NOTE: To avoid delays at the time of closing, if the above deed of trust is an Equity Line/Line of Credit, it will be
necessary that all checks, passbooks, credit cards together with instructions to close the account be submitted
to the Company prior to the close of this transaction.
In order to expedite compliance with the above, please do the following:
Borrower(s):
a) Sign and retum the Equity Line/Credit Line Affidavit provided with the report,
b) Request that the account be frozen. ·
Settlement:
a) Obtain a statement from the lender that no advances have been made after the issuance of the
demand for payoff, and
b) Upon delivery of the payoff check, a full reconveyance must be obtained.
Please be advised that the difference between the principal balance on an issued demand and the maximum principal allowed
may be held for up to 10 working days if the above requirements are not met.
END OF NOTES
candy Church/Karen Dennis -cD/JM
12 CLTA Preliminary Report Form-Modified (11-17-06)
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Ticor Title Company
Fidelity National Financial Group of Companies' Privacy Statement (Rev. July 1, 2001)
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable
federal and state privacy laws. We believe that making you aware of how we use your non-public personal
information (''Personal Information''), and to whom it is disclosed, will form the basis for a relationship of trust
between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the
right to change this Privacy Statement from time to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following
sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates, or others;
• From our internet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those
entities, or from our affiliates or others; and
• From consumer or other reporting agencies.
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal
Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from
unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need
such access in connection with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real
estate settlement service providers. We also may disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other
functions on our behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe
you may find of interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are
required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure
is needed to enforce our rights arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public
domain. Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability to Correct Errors or Request Changes or
Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find
out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request
correction, amendment or deletion of you Personal Information. We reserve the right, where permitted by law,
to charge a reasonable fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Multiple Products or Services
Ticor Title Company Privacy Compliance Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
If we provide you with more than one financial product or service, you may receive more than one privacy notice
from us. We apologize for any inconvenience this may cause you.
Privacy Policy (Rev 7-1-2001)
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Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this
notice does not constitute a waiver of the consumer's right to be charged the filed 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 such discount. These discounts only apply to transactions 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.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as
indicated by the named discount.
FNF Underwritten Title Companies
CTC -Chicago Title Company
CL TC -Commonwealth Land Title Company
FNTC -Fidelity National Title Company
FNTCCA -Rdelity National Title Company of California
LTC -Lawyers Title Company
TTCC -Ticor Title Company of California
Available Discounts
FNF Underwriters
CTIC -Chicago Title Insurance Co.
CL TIC -Commonwealth Land Title Insurance Co.
FNTIC -Fidelity National Title Insurance Co.
SUTIC-Security Union Title Insurance Co.
L TIC -Lawyers Title Insurance Corp.
me -Ticor Title Insurance Co.
ffiFL -Ticor Title Insurance Co. of Florida
CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON
SUBSEQUENT POLICIES (CTIC, FNTIC, SUTIC, TTIC)
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 -36 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.
SENIOR CITIZENS RATE (SUTIC)
Owner's or loan title insurance policies purchased by persons 55 years of age or older in connection with the
financing, refinancing, sale or purchase of their primary residence may be charged at a rate of 90% of Basic
Insurance Rate Table.
FEE REDUCTION SETTLEMENT PROGRAM (CTC, CTIC, CLTC, CLTIC, FNTC, FNTCCA, FNTIC,
LTC,LTIC,SUTIC,TTCC,TTIC)
Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for
each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State
of California.
DISASTER LOANS (CTIC, CLTIC, FNTIC, LTIC, SUTIC, TTIC, TTIFL)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an
owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United
States or the State of california on any land located in said area, which was partially or totally destroyed in the
disaster, will be 50% of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC, TTIC, TTIFL)
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 32% to 50% of the appropriate title insurance rate, depending on the type of coverage
selected.
CA Discount Notice 1 Effective Date: 9-3-2009
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CHURCHES OR CHARITABLE NON-PROFITABLE ORGANIZATIONS (SUTIC)
Where established custom dictates that charges for owners and/or lenders insurance be paid for by churches,
charitable or like eleemosynary non-profit organizations on property dedicated to church or charitable use, the
following charge may be applied: 50% of the Basic Insurance Rate Table, applicable for the type of coverage
requested.
SHORT TERM RATE (SUTIC)
Unless expressly excluded herein, the Short Term Rate applies on orders placed within sixty (60) months of the
date of prior CLTA or ALTA policy. Short Term Rate is applicable to policies of title insurance only and not to any
other charges contained herein. The Short Term Rate may be applied to increased liability charges provided the
reissued policy is issued within sixty (60) months. The short term rate is 64% to 100% of the appropriate title
insurance rate depending on the type of coverage selected.
SHORT TERM RATE (CTIC, TTIC, TTIFL)
The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when
the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of
any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured by
or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short term
rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected.
SHORT TERM RATE (CLTIC, FNTIC, LTIC)
If there is an insured owner and an order for title insurance is placed within 5 years following the effective date
of any prior policy of any title insurer, the charge will be 80% of the appropriate title insurance rate.
EMPLOYEE RATE (CTC, CTIC, CLTC, CLTIC, fNTC, FNTCCA, FNTIC, LTC, LTIC, SUTIC, TTCC,
TTl C)
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated 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 2 Effective Date: 9-3-2009
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Notice
You may be entitled to receive a $20.00 discount on escrow
services if you purchased, sold or refinanced residential
property in California between May 19, 1995 and November 1,
2002. If you had more than one qualifying transaction, you
may be entitled to multiple discounts.
If your previous transaction involved the same property that is
the subject of your current transaction, you do not have to do
anything; the Company will provide the discount, provided you
are paying for escrow or title services in this transaction.
If your previous transaction involved property different from
the property that is the subject of your current transaction,
you must inform the Company of the earlier transaction,
provide the address of the property involved in the previous
transaction, and the date or approximate date that the escrow
closed to be eligible for the discount.
Unless you inform the Company of the prior transaction on
property that is not the subject of this transaction, the
Company has no obligation to conduct a.n investigation to
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determine if you qualify for a discount. If you provide the
Company information concerning a prior transaction, the
Company is required to determine if you qualify for a discount.
Effective through November 1, 2014
~~~--------------------~----~
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ncor Title Company ORDER NO.: 2246406-CD
Request for $20.00 Discount-CA Settlement
Use one form for each qualifying property.
rro: ncor Title Company, 2878 Camino Del Rio South #500, San Diego, CA 92108
Date:
From:
name)
~urrent Address:
believe that I am qualified for the $20.00 discount pursuant to the coordinated
!stipulated judgments entered in actions filed by both the Attorney General and private
~lass action plaintiffs. I have not previously received a cash payment or a discount
rrom another Company on the property described below.
~igned: Date:
Address of
qualifying property:
~pproximate date
pf transaction:
THIS SECTION IS FOR COMPANY USE ONLY.
OR
o The above referenced party is entitled to receive a $20.00 discount on escrow services or title
insurance pursuant to the coordinated stipulated judgments entered in actions filed by both
the Attorney General and private class action plaintiffs.
o The above referenced party does NOT qualify for the $20.00 discount pursuant to the
coordinated stipulated judgments entered in actions filed by both the Attorney General and
private class action plaintiffs for the following reason:
o The party has previously received credit for the transaction described above.
o The transaction described above did not occur in the time period allowed by the
stipulated judgments -May 19, 1995 to November 1, 2002.
Fax this response to:
Escrow No:
Escrow Officer:
Fax Number:
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ATTACHMENT ONE (01-01-08)
AMERICAN LAND TITLE ASSOCIATION
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:
• land use
• improvements on the land
• land division
• 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:
• a notice of exercising the right appears in the
public records on the Policy Date
• the taking happened prior to the Policy Date
and is binding on you if you bought the land
without knowledge of the taking
3. Title Risks:
• that are created, allowed, or agreed to by you
• that are known to you, but not to us, on the
Policy Date-unless they appeared in the public
records
• that result in no loss to you
• that first affect your title after the Policy Date
-this does not limit the labor and· material
lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your title.
5. Lack of a right:
• to any land outside the area specifically
described and referred to in Item 3 of
Schedule A; or
• in streets, alleys, or waterways that touch
your land
This exclusion does not limit the access coverage in
Item 5 of Covered Title Risks.
In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from:
1. Any rights, interests, or claims of parties in possession
of the land not shown by the public records.
2. Any easements or liens not shown by the public
records. This does not limit the lien coverage in Item
8 of Covered Title Risks.
3. Any facts about the land which a correct survey would
disclose and which are not shown by the public
records. This does not limit the forced removal
coverage in Item 12 of Covered Title Risks.
4. Any water rights or claims or title to water in or under
the land, whether or not shown by the public records.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay foss
or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a)Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating (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 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.
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)resufting 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 or 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.
SCHEDULE B, PART I
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
PART I
1. 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.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a)Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or
enjoyment of the land; {ii) the character, dimensions or
location of any improvement now or hereafter erected
on the Iandi (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 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.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date
of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other
matters:
(a)created, suffered, assumed or agreed to by the
insured claimant;
(b)not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the
insured claimant became an insured under this policy;
(c)resulting in no loss or damage to the insured
claimant;
(d)attaching or created subsequent to Date of Policy
(except to the extent that this policy insures the
priority of the lien of the insured mortgage over any
statutory lien for services, labor or material or to the
extent insurance is afforded herein as to assessments
for street improvements under construction or
completed at Date of Policy); or
(e)resulting in loss or damage which would not have
been 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 the insured at Date
of Policy, or the inability or failure of any subsequent
owner of the indebtedness, to comply with applicable
doing business laws ·of the state in which the land is
situated.
5. Invalidity or 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 statutory lien for services, labor or materials (or
the claim of priority of any statutory lien for services,
labor or materials over the lien of the insured
mortgage) arising from an improvement or work
related to the land which is contracted for and
commenced subsequent to Date of Policy and is not
financed in whole or in part by proceeds of the
indebtedness secured by the insured mortgage which
at Date of Policy the insured has advanced or is
obligated to advance.
7. Any claim, which arises out of the transaction creating
the interest of the mortgagee insured by this policy, by
reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that is
based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the subordination of the interest of the insured
mortgagee as a result of the application of the doctrine
of equitable subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except
where the preferential transfer results from the failure:
(a)to timely record the instrument of transfer; or
(b )of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH A.L.T.A. ENDORSEMENT-FORM 1 COVERAGE
(CONTINUED)
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. 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. Discrepandes, 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.
Attachment One (01/01/08)
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AITACHMENT ONE
(CONTINUED}
2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06}
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy, and the Company will not pay loss
or damage, costs, attorneys' fees, or expenses that arise
by reason of:
1. (a)Any law, ordinance, permit, or governmental
regulation (including those relating to building and
zoning) restricting, regulating, prohibiting, or
relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any
improvement erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances,
or governmental regulations. This Exclusion 1(a) does
not modify or limit the coverage provided under
Covered Risk 5.
(b)Any governmental police power. This Exclusion 1(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not
modify or limit the coverage provided under Covered
Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a)created, suffered, assumed, or agreed to by the
Insured Claimant;
(b)not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the
Insured Claimant became an Insured under this policy
(c)resulting in no loss or damage to the Insured
Claimant;
( d)attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 11, 13, or 14); or
(e)resulting in loss or damage that would not have
been sustained if the Insured Claimant had paid value
for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage
because of the inability or failure of an Insured to
comply with applicable doing-business laws of the state
where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the
lien of the Insured Mortgage that arises out of the
transaction evidenced by the Insured Mortgage and is
based upon usury or any consumer credit protection or
truth-in-lending law.
6. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction creating the lien of the
Insured Mortgage, is
(a)a fraudulent conveyance or fraudulent transfer, or
(b )a preferential transfer for any reason not stated in
Covered Risk 13(b) of this policy.
7. Any lien on the Title for real estate taxes or
assessments imposed by governmental authority and
created or attaching between Date of Policy and the
date of recording of the Insured Mortgage in the Public
Records. This Exclusion does not modify or limit the
coverage provided under Covered Risk 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.
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.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a)Any law, ordinance or governmental regulation
(including but not limited to building and zoning laws,.
ordinances, or regulations) restricting, regulating,
prohibiting or relating to (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 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.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the public records at Date
of Policy, but not excluding from coverage any taking
which has occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value
without knowledge.
3. Defects, liens, encumbrances, adverse claims, or other
matters:
(a)created, suffered, assumed or agreed to by the
insured claimant;
(b)not known to the Company, not recorded in the
public records at Date of Policy, but known to the
insured claimant and not disclosed in writing to the
Company by the insured claimant prior to the date the
insured claimant became an insured under this 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 estate or interest insured by this policy.
4. Any claim, which arises out of the transaction vesting
in the insured the estate or interest insured by . this
policy, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that is based on:
(i) the transaction creating the estate or interest
insured by this policy being deemed a fraudulent
conveyance or fraudulent transfer; or
(ii)the transaction creating the estate or interest
insured by this policy being deemed a preferential
transfer except where the preferential transfer results
from the failure:
(a)to timely record the instrument of transfer; or
(b)of such recordation to impart notice to a
purchaser for value or a judgment or lien creditor.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
1. 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.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY (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)
(ii)
the occupancy, use, or enjoyment of the Land;
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 1(b)
does not modify or limit the coverage provided under
Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not
modify or limit the coverage provided under Covered
Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other
matters
(a)created, suffered, assumed, or agreed to by the
Insured Claimant;
(b)not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the
Company by the Insured Claimant prior to the date the
Insured Claimant became an Insured under this policy;
(c)resulting in no loss or damage to the Insured
Claimant;
( d)attaching or created subsequent to Date of Policy
(however, this does not modify or limit the coverage
provided under Covered Risk 9 and 10); or
(e)resulting in loss or damage that would not have
been sustained if the Insured Claimant had paid value
for the Title.
4. Any claim, by reason of the operation of federal
bankruptcy, state insolvency, or similar creditors' rights
laws, that the transaction vesting the Title as shown in
Schedule A, is
(a)a fraudulent conveyance or fraudulent transfer; or
(b)a preferential transfer for any reason not stated in
Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or
assessments imposed by governmental authority and
created or attaching between Date of Policy and the
date of recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown
in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage.
In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy
will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. (a) Taxes or assessments that are not shown as
existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by
the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of
such proceedings, whether or not shown by the
records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not
shown in the Public Records but that could be
ascertained by an inspection of the Land or that may
be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof,
not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation,
or adverse circumstance affecting the Title that would
be disclosed by an accurate and complete land survey
of the Land and that are not shown by the Public
Records.
5. (a) Unpatented mining claims; (b) reservations or
exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a),
(b), or (c) are shown by the Public Records.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POUCY OF TITLE INSURANCE (10-22-03)
ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (10-22-03)
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 ordinances, laws and regulations concerning:
a. building
b. zoning
c. Land use
d. improvements on Land
e. Land division
f. environmental protection
This Exclusion does not apply to violations or the
enforcement of these matters if notice of the violation
or enforcement appears in the Public Records at the
Policy Date.
This Exclusion does not limit the coverage described in
Covered Risk 14, 15, 16, 17 or 24.
2. The failure of Your existing structures, or any part of
them, to be constructed in accordance with applicable
building codes. This Exclusion does not apply to
violations of building codes if notice of the violation
appears in the Public Records at the Policy Date.
3. The right to take the Land by condemning it, unless:
a. notice of exercising the right appears in the
Public Records at the Policy Date; or
b. the taking happened before the Policy Date and
is binding on You if You bought the Land without
Knowing of the taking.
4. Risks:
a. that are created, allowed, or agreed to by You,
whether or not they appear in the Public
Records;
b. that are Known to You at the Policy Date, but not
to Us, unless they appear in the Public Records
at the Policy Date;
c. that result in no loss to You; or
d. that first occur after the Policy Date -this does
not limit the coverage described in Covered Risk
7, 8.d, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any Land outside the area specifically
described and referred to in paragraph 3 of
Schedule A; and
b. in streets, alleys, or waterways that touch the
Land.
This Exclusion does not limit the coverage described in
Covered Risk 11 or 18.
UMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 14, 15, 16 and 18, Your 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:
Your Deductible Amount
Covered Risk 14: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Covered Risk 15: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 16: 1.00% of Policy Amount or $5,000.00 (whichever is less)
Covered Risk 18: 1.00% of Policy Amount or $2,500.00 (whichever is less)
Our Maximum Dollar
Umit of Uability
$10,000.00
$25,000.00
$25,000.00
$ 5,000.00
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08)
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.
s. 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.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in
Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk 18:
Covered Risk 19:
Covered Risk 21:
Your Deductible Amount
1.00% of Policy Amount Shown in Schedule A
or $2,500.00 (whichever is 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)
Our Maximum Dollar
Limit of Liability
$10,000.00
$25,000.00
$25,000.00
$ 5,000.00
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the
coverage of this policy and the Company will not pay loss
or damage, costs, attorneys' fees or expenses which arise
by reason of:
1. (a)Any law, ordinance or governmental regulation
(including but not limited to zoning laws, ordinances,
or regulations) restricting, regulating, prohibiting or
relating to (i) the occupancy, use, or enjoyment of the
Land; (ii) the character, dimensions or location of any
improvements now or hereafter erected on the land;
(iii) a separation in ownership or a change in the
dimensions or areas of the Land or any parcel of which
the Land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws,
ordinances or 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.
This exclusion does not limit the coverage provided
under Covered Risks 12, 13, 14, and 16 of this policy.
(b )Any governmental police power not excluded by
(a) above, except to the extent that a notice of the
exercise 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. This exclusion does
not limit the coverage provided under Covered Risks
12, 13, 14, and 16 of this policy.
2. Rights of eminent domain unless notice of the exercise
thereof has been recorded in the Public Records at
Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which
would be binding on the rights of a purchaser for value
without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other
matters:
(a)created, suffered, assumed or agreed to by the
Insured Claimant;
(b)not Known to the Company, not recorded in the
Public Records at Date of Policy, but Known to the
Insured Claimant and not disclosed in writing to the
Company by the Insured Oaimant prior to the date the
Insured Claimant became an Insured under this policy;
(c) resulting in no loss damage to the Insured
Claimant;
( d)attaching or created subsequent to Date of Policy
(this paragraph does not limit the coverage provided
under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24,
25 and 26); or
(e)resulting in loss or damage which 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 the Insured at
Date of Policy, or the inability or failure of any
subsequent owner of the indebtedness, to comply with
applicable doing business laws of the state in which the
Land is situated.
5. Invalidity or 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, except as provided in Covered Risk
27, or any consumer credit protection or truth in
lending law.
6. Real property taxes or assessments of any
governmental authority which become a lien on the
Land subsequent to Date of Policy. This exclusion does
not limit the coverage provided under Covered Risks 7,
8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of
priority of the lien of the Insured Mortgage as to
advances or modifications made after the Insured has
Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by
this policy. This exclusion does not limit the coverage
provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as
to each and every advance made after Date of Policy,
and all interest charged thereon, over liens,
encumbrances and other matters affecting the title, the
existence of which are Known to the Insured at:
(a)The time of the advance; or
(b)The time a modification is made to the terms of the
Insured Mortgage which changes the rate of interest
charged, if the rate of interest is greater as a result of
the modification than it would have been before the
modification. This exclusion does not limit the coverage
provided in Covered Risk 8.
9. The failure of the residential structure, or any portion
thereof to have been constructed before, on or after
Date of Policy in accordance with applicable building
codes. This exclusion does not apply to violations of
building codes if notice of the violation appears in the
Public Records at Date of Policy.
Attachment One (01/01/08)
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ATTACHMENT ONE
(CONTINUED)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (01/01/08)
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 1(b) does not modify or limit the coverage provided under
Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured
Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided
under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the
Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with
applicable doing-business laws of the state where the Land is situated.
s. 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.
a. 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.
Attachment One (01/01/08)
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TICOR TITLE COMPANY 2878 Camino Del Rio South #500
San Diego, CA 92108
OF CALIFORNIA
TITLE OFACER: Candy Church/Karen Dennis -co
ORDER NO.: 2246406-CD
DATE: April 13, 2010 10:40 AM
Attn:ROGER FRIJAS
Your Ref: CONGREGATION
(619) 260-0015
TRANSMITTAL
PHONE: 619-260-0015
EMAIL: candy.church@ticortitle.com
FAX: 619-692-9465
PROPERTY ADDRESS: VACANT LAND ON EL CAMINO REAL, CARLSBAD CA
BUYER/BORROWER: CONGREGATION, PALOMAR
Enclosed please find your Preliminary Report.
Thank you-we appreciate your business!
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