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CUP 2016-0001; VIPER VAPE; Conditional Use Permit (CUP)
0 'of LAND USE REVIEW Development Services City Planning Division Carlsbad APPLICATION P-1 1635 Faraday Avenue w ww(c7a6r01 b6a0d2c -10 APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) O Coastal Development Permit ID Minor General Plan Amendment Ng Conditional Use Permit NIP 294 -0 Local Coastal Program AmendmentMinorDExtensionn00I 0 Day Care (Large)0 Master Plan 0 Amendment O Environmental Impact Assessment 0 Specific Plan 0 Amendment Habitat Management Permit Minor 0 Zone Change O Hillside Development Permit 0 Minor Zone Code Amendment O Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits El Planned Development Permit 0 Minor 0 Review Permit 0 Residential 0 Non-Residential 0 Administrative Minor 0 Major Planning Commission Determination O Reasonable Accommodation Village Review Area Permits O Site Development Plan 0 Minor 0 Review Permit O Special Use Permit 0 Administrative 0 Minor 0 Major 0 Tentative Parcel Map (Minor Subdivision) c3 Tentative Tract Map (Major Subdivision) O Variance 2 Minor 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).:*zsiverimeessoot fa O -Oct°-,S PROJECT NAME:VI vp%Pe BRIEF DESCRIPTION OF PROJECT:ph pi >c.pc r_o.J FG i CCN DIT XGNAL '6 962 rv..-S-1- PROJECT VALUE ESTIMATED COMPLETION DATE /11"(SITE IMPROVEMENTS)".10 A.) LOCATION OF PROJECT:5-$1^S fk.)11)k 61vC:f /••1 AS SO T-TG Las _)2.1 STREET ADDRESS ON THE:W e- SIDE OF A V e Ta>e N C r ".;Ac.3 (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN (7Q L ot.A.A.2 Algpoirt -(2b AND C.A /VNOA.) (NAME OF STREET)(NAME OF STREET) P-1 Page 1 of 6 Revised 09/16 _. O 0 OWNER NAME (Print):580 it;Cy_paybivor/APPLICANT NAME (Print):044245/10 Ai i o it I • Ityr MAILING ADDRESS:ory iy boob rmAluNGADDREss:clotogokipexntimafTFA rim CITY, STATE, ZIP:14310 L 4.Ma .1416i4iftt. #2.06-CITY, STATE, ZIP:443 ,.6+A 44 0 .?OS- TELEPHONE:$,1).CA Vaa..Oc1)$(a-7.17V TELEPHONE:>''1 (94 I EMAIL ADDRESS:IvisituvefriiLc.e.rortigeoranyjet5 EMAIL ADDRESS:fit V HA. e..int i &irk pittste,- ociaidt 'PIM I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOVVLEDG SET HER—MY RIZED REPRESENTATIVE FOR P N. ii .kAtr.rr //4 •Pwr Ilk) it 211 St NATURE /DA SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print):C +V __ cs..... Co S ‘C'1 MAILING ADDRESS:5.Z.WI A Vee.4 =VA a ^4 CZ'A..AS Sur /19'l'OS ..z'I al CITY, STATE, ZIP:C A IX.(.-6 6 Pct c.....Pc qa ©0 IS TELEPHONE:7 c c.1 -c.1%Lt -0 Co t ctS EMAIL ADDRESS:Cailitz-G.(VZLile S.-wk 0e .co.A- I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPUCATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. GIA. '.--7 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.INVE CONSENT TO ENTRY FOR THIS PURPOSE.. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE ND N ESSORS IN INTEREST. NATURE 1 mriPROPERTY OWN R SI NATURE FOR CITY USE ONLY NOiSiAla ONINNYld OV9S1HVO O A1.10 910Z t I AON 03A13331:1 DATE STAMP APPLICATION RECEIVED RECEIVED BY: I \I i 610114 P-1 Page 2 of 8 Revised 09/16 „”-'NM 1101100111111111 1111111111•10111.11111111111111111 Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify,hold harmless,and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-"or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain 'effect r as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: Certification Statement: I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge.I support the applicant's request for a permit to place the subject property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Signature Date: P-1 Page 3 of 6 Revised 09/16 miimpomminme _. LAND USE REVIEW APPLICATION FORM INSTRUCTIONS TO APPLICANTS In order to streamline the application process and reduce duplication in filling out application forms, the city has adopted a comprehensive application form to handle multiple application submittals.The following instructions should assist you in preparing the application form for submittal to the city: Applications applied for:Check the appropriate boxes for the various application types for which you are applying.Check with counter staff to determine required application types needed to process your specific project. Assessor Parcel No(s).:Include all assessor parcel numbers included within the project boundary. The counter staff can assist you in determining the appropriate assessor parcel number(s). Project Name:Fill in the box with the name of the project, such as "Red Oak Homes" or "Benson Commercial."If no name is proposed, write the last name of the owner or applicant plus a brief description such as "Jones Condo Conversion" or "Smith Residential Subdivision." Brief Description of Project:Write down a brief description of the project.Be specific but do not include square footage or architectural details.For example:a neighborhood commercial center with two restaurants; single family detached residential project; or an industrial/office complex with three industriaVoffice buildings. Owner's Name, Address, Phone Number, Email address and Signature:To be filled in and signed by the owner for all applications.Use the owner's name as it appears on the title report. Applicant's Name, Address, Phone Number, Email address and Signature:To be filled in and signed by the applicant.If owner and applicant are the same you may write same on the space for the name.All correspondence and contact regarding the application will be directed to the applicant. Brief Legal Description:Provide a brief legal description of the property such as "Lot 6 of Map No. 8828 Carlsbad Tract 88-3" or "Portion of Lot I of Rancho Agua Hedionda map 1717."Do not provide bearings and distances.A full legal description will be contained within the title report submitted with the application. Location of Project:Fill in the blanks with the street address (if appropriate), direction and street names.For projects located in undeveloped areas not adjacent to streets, use the nearest street from which the project will take access. Consent to Allow Entrance onto the Property:Signature granting members of city staff, Planning Commissioners, or City Council members' permission to inspect and enter the property. Notice of Restriction:Property owner acknowledges and consents to a Notice of Restriction if conditioned for the applicant.Notices of Restriction run with the land and bind any successors in interest. Application Requirements:Attached with the application form are the various submittal requirements for each application type listed on the face of the application.Follow any instructions contained within the submittal requirements and submit the information and materials required for each of the applications for which you are applying. If you have any questions regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular* application) please call (760) 602-4610. IMPORTANT:Check all submittals to be sure all the required information and materials have been submitted with your application.Incomplete submittals will not be processed or scheduled for review by staff, the Commission or Council.You will be notified in writing within 30 days of submittal whether or not your application is complete. 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. P-1 Page 4 of 6 Revised 09/16 Applicant Disclosure —Form P-1(A):All applications require submittal of an applicant disclosure form. Follow the instructions provided on the form and the attached information sheet. Project Description/Location —Form P-1(B) Hazardous Waste Statement —Form P-1(C) Environmental Impact Assessment— Form P-1(D):All applications for development require submittal of an Environmental Impact Assessment Form.Larger projects or projects in environmentally sensitive areas may require more detailed Environmental Impact Reports.Follow the instruction provided with the application form. Time Limits on Discretionary Permits —Form P-1(E) Tentative Parcel Map Waiver of Processing Time Limits —Form P-1(F) Tentative Parcel Map Tenant Notification Statement —Form P-1(G) Circulation Impact Analysis:All applications which propose an increase in the traffic generation rate of 500 vehicles or more, over existing traffic generation for the site, must submit a Circulation Impact Analysis.This analysis will be used to determine compliance of your project with Growth Management Facility Standards.The analysis is not to be considered in lieu of project related traffic studies which may be required by staff to analyze specific project related on and off site traffic issues. Fire Department/Water District Consultation:Prior to submittal of an application for development in the City, you are encouraged to consult with the Fire Department and the appropriate water district in order to design your project in compliance with their requirements.Failure to consult with either agency could result in unnecessary delays, redesign or project denial.The purpose of the notice is to get projects to "design in" water and fire requirements in advance. Digital Submittals:Applicants shall submit digital files with the application at initial submittal and at • approval of tentative tract map, in accordance with Engineering Standards. P-1 Page 5 of 6 Revised 09/16 0 0 SCREENING OF EQUIPMENT Exterior components of plumbing, processing, heating, cooling, and ventilation systems (including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating equipment fans, blowers, ductwork, vents, louver, meters, compressors, motors, incinerators, ovens, etc...) shall not be directly visible from a height of five feet from the closest building wall on any lot.Scaled elevations of all such equipment, as well as screening materials, are required on all site plans.See example below. EXAMPLE OF SCREENING MATERIAL DISPLAY PROPERTY LINE PROPERTY LINE (3.5'LANDSCAPE 50' LANDSCAPE j SETBACK '' ! - .......SETBACK otid \. i -- i2.---€E-- •iiell."0..4re- .TAO --_•- ff I--' P-1 Page 6 of 6 Revised 06/12 • .0 0 Development Services CCity of DISCLOSURE STATEMENT Planning Division Clars13ad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will .require discretionary action on the part of the City Council or any appointed Board, Commission •or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE.LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of 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.)accivo")0.v6 -4(..• Person es.4 01/47\-,S Lis ‘p.t Corp/Part kbagellia Title C-6 0 Ow ^J 6-‹(ooYo Title C---0 0 v-).4.4542._4/0 Yo Address .2cat3 Sur/ ell sr Address a(. k3 5-)Ittlit -S7 c AvtL so AD CA 91010 Ceot..L5 6AD CA 1 -20 i 02.OWNER (Not the owner's agent) 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 ;!/co/rporate',oJfficers. (A separate page may be attached if necessary.).1. 0 Person iv wt."I)lU0/4/F—1-1 Corp/Part &I t-t -Ifiw"----/i4- TitleTitle ;Pigkittivr- Title V (-P.-en.e-sinRevr Address P`1)B19\(11 7O Address /17'v1 E. S /44.i P16401 Cit)--4).)17 ,)H NIA)Ft(Aims rag_ 5 ii/ciuvwf/TA PitAinkt. P-1(A)91WW--Page 1 of 2 Revised 07/10 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? riYes vsNo If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. • I certify that all the above information is true and correct to the best of my knowledge. t__ Signature of owner/date Signa re of applic date co.\.)1Print or type name of owner Print or type named applicant r dv-tAIL Aynir 17 Signature of owner/applicant's alent if applicable/date COMA.UtiALVFAllui Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 C•ity f PROJECT DESCRIPTION Development Services C Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov PROJECT NAME: -r Pe 2 V ik-P 6 APPLICANT NAME:C.t cC.S 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: A-p p tc/0 A)1.-y Pc aTH Pelt AA-1"iv\--r A-). isc C..0 r--c* o.4 Al-(I 74- etkiLe pito 'Pe>Se.73, °EXT6a--teis c e.)5 N fz_e e P-1(B)Page 1 of 1 Revised 07/10 111111111111111111111111111.111111111111111 ..0 CO HAZARDOUS WASTE Development Services(City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610 P-1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): Thelists compiled pursuantpursonjetdtoasnedctaionny 65962.5alternaotivefi alternatives proposed tste intthis application are not contained on the Government Code. 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT 717. PROPERTY OWNER Name:C._rc4.7.3 C--c=.3 ‘9 Name:g7-1/2PY1.0 1)/).Air Cy Address:SS ti..5.A1/4)aNITA:.P &/--1 CT .u.k5 17Address: Ii(miewhy favf.dre o Va 410652000144eirzi..ezi ce_a-- sutts.acs..\1°k.CA&LS 01A-D CA 'Woo'LI 3 64- ..4..eVt'v P1641)ti Pr —.1 t Phone Number:1 Go -Cot It -000 1 c Phone Number:(C.S)Svc -7%/79 Address of Site:5 'IS k tle N1.1;)11 C-^1 C-Z-A"A-5 Sv 17E3 at -124 CkftL5eAl. Lit "1'200 1 )0 Local Agency (City and County):)k4" ?XAssessor's book, page, and parcel number:".J (4.00 A-Specify list(s):/•-1 fA • *Regulatory Identification Number:/0 lit *Date of List:N (/)--- 11-7-lc.Olt)kilvaPPpr44.4 --- "Oloplicaignature/Date Property Owner Signature/Date f 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 "0.1WINIPIIMMINIIIIMI •.0 0 Per the California Environmental Protection Agency's website,'While Government Code Section 65962.5 [referred to as the Cortese List]makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in]1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.aov/sitecleanup/CorteseList/default.htm www.caleaa.ca.aov/database/calsites www.envirostor.dtsc.ca.aov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board htta://aeotracker.waterboards.ca.aov/ County of San Diego Department of Environmental Health Services www.co.san-dleao.ca.us/deh Hazardous Materials Division www.sdcountv.ca.aovkleh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.aov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.aov/superfund/sites/npl/npl.htm I P-1(C)Page 2 of 2 Revised 02/13 II 0Order Number:NCS-821642-SD Page Number:1 sl A.mtfti N o1ICIith . First American Title Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 November 08, 2016 Mike Mulvehill American Property Enterprises 4320 La Jolla Village Drive, Suite 206 San Diego, CA 92122 Phone:(858)546-7474x104 RECEIVED Fax:NOV 14 2016 . Customer Reference:5825-75 Avenida Encinas CITY OF CARLSBAD PLANNING DIVISION Title Officer:Vince Tocco/ Linda Slavik Phone:(858)410-3886 Fax No.:(877)461-2094 E-Mail:vtocco@firstam.com Buyer: Owner:Carlsbad Point Corp. Property:5825 75 Avenida Encinas, Carlsbad, CA 1 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 Exdusions 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 ofInsurance is less than that set forth in the arbitration clause,all arbitrable matters shall be arbitratedat the optionofeither the Companyor the Insured as the exclusive remedy ofthe parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and 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. First American Title Insurance Company WI API Order Number:NCS-821642-SD Page Number: 2 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. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy of title insurance and no liability is assumed hereby.Ifit is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. 1 First American Title Insurance Company SOrder umber:NCS-821642-SD Page Number: 3 Dated as of October 28, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Standard Owner Policy 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: CARLSBAD POINT CORPORATION, A CALIFORNIA CORPORATION 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 as to Parcel B 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. First Installment:$33,407.42, PAID Penalty:$0.00 Second Installment:$33,407.42,OPEN Penalty:$0.00 Tax Rate Area:09000 A.P.No.:210-090-51-00 2.The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3.An easement for distribution of gas and incidental purposes, recorded July 26, 1932 as Book 147, Page 152 of Official Records. In Favor of:Southern Counties Gas Company, a corporation Affects:as described therein 4.An easement for public utilities, ingress and egress and incidental purposes, recorded August 02, 1941 as Book 1200, Page 421 of Official Records. In Favor of:Southern California Telephone Company Affects:as described therein First American Me Insurance Company Order umber:NCS-821642-SD Page Number: 4 5.An easement for public utilities, ingress and egress and incidental purposes, recorded August 30, 1957 as Book 6739. Page 126 of Official Records. In Favor of:The Pacific Telephone and Telegraph Company Affects:as described therein 6.An easement for public utilities, ingress and egress and incidental purposes, recorded June 23, 1964 as Instrument No.112575 of Official Records. In Favor of:Vista Sanitation District,a County sanitation district, and the City of Carlsbad, a municipal corporation Affects:as described therein 7.An easement for public utilities, ingress and egress and incidental purposes, recorded August 28, 1969 as Instrument No.158714 of Official Records. In Favor of:San Diego Gas and Electric Company, a corporation Affects:as described therein The location of the easement cannot be determined from record information. 8.The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded December 02, 1983 as Instrument No. 83-437928 of Official Records. 9.The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded October 04, 1985 as Instrument No. 85-368695 of Official Records. 10.Notice of disposal facility pursuant to California Code of Regulations Decisions (formerly known as the California Administrative Code) Title 22, Section 67220(A) and California Government Code Section 27280(A) executed by Unisys Corporation,a Delaware corporation, recorded January 25, 1989, Recorder's File No. 89-041976. 11.The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded December 11, 1989 as Instrument No. 89-667924 of Official Records. 12.The terms and provisions contained in the document entitled "RESTAURANT USE RESTRICTION" recorded September 07, 1990 as Instrument No. 90-489508 of Official Records. 13.An easement shown or dedicated on the map filed or recorded October 26, 1990 as Parcel Map No.16274 of Parcel Maps For:street, utility, private drainage and incidental purposes. 14.The terms and provisions contained in the document entitled "HOLD HARMLESS AGREEMENT DRAINAGE" recorded November 06, 1990 as Instrument No. 90-600885 of Official Records. 15.An easement for ingress and egress for driveway access purposes and incidental purposes, recorded November 09, 1990 as Instrument No. 90-610140 of Official Records. In Favor of:Avenida Encinas Associates,a California joint venture Affects:as described therein First American 7711e Insurance Company 111111111111111.11.11111111111M111 Order Number:NCS-821642-SD Page Number: 5 16.An easement for public utilities, ingress and egress and incidental purposes, recorded January 02, 1991 as Instrument No.1991-0001120 of Official Records. In Favor of:San Diego Gas and Electric Company,a corporation Affects:as described therein The location of the easement cannot be determined from record information. 17.The Terms, Provisions and Easement(s) contained in the document entitled "COVENANT FOR EASEMENT' recorded January 28, 1991 as Instrument No.1991-0038042 of Official Records. 18.An easement for collecting, storing, transporting, pumping and treating all water, including surface water, stream water, flood water and ground water flowing into said facilities and incidental purposes, recorded March 06, 1991 as Instrument No. 1991-0098385 of Official Records. In Favor of:Carlsbad Municipal Water District Affects:as described therein 19.An easement for public utilities, ingress and egress and incidental purposes, recorded May 15, 1991 as Instrument No.1991-0228601 of Official Records. In Favor of:The Pacific Telephone and Telegraph Company Affects:as described therein The location of the easement cannot be determined from record information. 20.An easement for street right of way and incidental purposes, recorded August 14, 1991 as Instrument No.1991-0414069 of Official Records. In Favor of:The City of Carlsbad, a municipal corporation •Affects:as described therein 21.An easement for ingress and egress for driveway access and incidental purposes, recorded December 06, 1994 as Instrument No.1994-0699268 of Official Records. In Favor of:Carimart L.P.,a California limited partnership Affects:as described therein 22.This item has been intentionally deleted. 23.Any claim that the Title is subject to a trust or lien created under The Perishable Agricultural Commodities Act, 1930 (7 U.S.C. §§499a, et seq.) or the Packers and Stockyards Act (7 U.S.C. §§181 et seq.) or under similar state laws. 24.Rights of parties in possession. First American Title Insurance Company ismonimumi ww Order NCS-821642-SD Page Number: 6 INFORMATIONAL NOTES 1.According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 5825 75 Avenida Encinas, Carlsbad, CA. 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: None 3.This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only.It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 4.Should this report be used to facilitate your transaction, we must be provided with the following ' prior to the issuance of the policy: A.WITH RESPECT TO A CORPORATION: 1.A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2.A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4.Requirements which the Company may impose following its review of the above material and other information which the Company may require. B.WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1.A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2.A full copy of the partnership agreement and any amendments; 3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5.Requirements which the Company may impose following its review of the above material arid other information which the Company may require. C.WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1.A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2.A full copy of the partnership agreement and any amendment; 3.Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; First American Title Insurance Company musammi ®Order Number:NCS-821642-SD Page Number: 7 4.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5.Requirements which the Company may impose following its review of the above material and other information which the Company may require. D.WITH RESPECT TO A GENERAL PARTNERSHIP: 1.A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2.A full copy of the partnership agreement and any amendments; 3.Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E.WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1.A copy of its operating agreement and any amendments thereto;• 2.If it is a California limited liability company, 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) to be recorded in the public records; 3.If it is a foreign limited liability company,a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4.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, such document or instrument must 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 documents 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. 5.A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6.Requirements which the Company may impose following its review of the above material arid other information which the Company may require. F.WITH RESPECT TO A TRUST: 1.A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2.Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3.Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G.WITH RESPECT TO INDIVIDUALS: 1.A statement of information. The map attached,if any, may or may not be a survey of the land depicted hereon.First American Title Insurance Company 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 Insurance Company Mr.a. Orde9mber:NCS-821642-SD Page Number: 8 *****To obtain wire instructions for deposit offunds to your escrow file please contact your Escrow Officer.***** First American Title Insurance Company 111111111111111111111111 SOrder -Number:NCS-821642-SD Page Number: 9 LEGAL DESCRIPTION Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL A: PARCEL 2 OF PARCEL MAP NO.16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1990. PARCEL B: AN EASEMENT FOR INGRESS AND EGRESS FOR DRIVEWAY ACCESS PURPOSES OVER, UNDER, ALONG AND ACROSS ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PORTION OF PARCEL 1 OF PARCEL MAP NO.16274, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1990, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID PARCEL 1 OF PARCEL MAP NO. 16274; 'THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 63°49'25" EAST 532.32 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 26°10'35" WEST 32.07 FEET; THENCE NORTH 63°49'25" EAST 145.38 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 40.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59°39'19" A DISTANCE OF 41.60 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF AVENIDA ENCINAS, SAID RIGHT-OF-WAY BEING 44.50 FEET FROM THE CENTERLINE OF SAID AVENIDA ENCINAS AND SHOWN AS OFFER OF DEDICATION "A" ON SAID PARCEL MAP NO.16274 SAID POINT HAVING A RADIAL BEARING OF SOUTH 85°45'54" EAST; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 26°10'00" EAST 32.76 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 255.50 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY RIGHT-OF-WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°24'18" A DISTANCE OF 24.10 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 1, SAID POINT HAVING A RADIAL BEARING OF NORTH 69°14'18" EAST; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY, WESTERLY ALONG SAID SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 63°49'25" WEST 18.14 FEET TO A POINT ON A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 40.00 FEET, SAID POINT HAVING A • RADIAL BEARING OF NORTH 08°24'34" EAST; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°35'09" A DISTANCE OF 24.15 FEET; THENCE TANGENT TO SAID CURVE SOUTH 63°49'25" WEST 89.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 16.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 56°04'26" A DISTANCE OF 15.66 FEET TO A POINT ON SAID SOUTHERLY LINE OF SAID PARCEL 1,SAID POINT HAVING A RADIAL BEARING OF NORTH 82°15'01" WEST; THENCE LEAVING SAID CURVE, WESTERLY ALONG SAID SOUTHERLY LINE OF SAID PARCEL 1, SOUTH 63°49'25" WEST 10.72 FEET TO A CORNER OF SAID PARCEL 1; THENCE NORTH 26°10'35" WEST 5.00 FEET TO A CORNER OF SAID PARCEL 1; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID PARCEL 1 SOUTH 63°49'25" WEST 24.68 FEET TO THE TRUE POINT OF BEGINNING. First American Title Insurance Company .immemommi Order umber:NCS-821642-SD Page Number: 10 APN:210-090-51-00 First American Title Insurance Company Ordelltmber:NCS-821642-SD Page Number: 11 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, 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 which 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, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect indude: •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. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this . Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company ---..triiimagm111111111 Order mber:NCS-821642-SD Page Number: 12 CLTA/ALTA HOMEOWNERS POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building;(d) improvements on the Land; (b) zoning;(e) land division; and (c) land use;(f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exdusion 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 ofa right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1% of Policy Amount or $2,500.00 (whichever is less)$10,000.00 Covered Risk 18:1%of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 19:1% of Policy Amount or $5,000.00 (whichever is less)$25,000.00 Covered Risk 21:1% of Policy Amount or $2,500.00 (whichever is less)$5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) •EXCLUSIONS In addition to the Exceptions in Schedule B,you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power,and the existence or violation of any law or government regulation.This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company Orde umber:NCS-821642-SD Page Number: 13 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 (induding 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 Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exdusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exdusion 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 disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c.resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exdusions 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: firstAmerican Title Insurance Company Ordeflitmber:NCS-821642-SD • Page Number: 14 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. 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 (induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to i.the occupancy, use, or enjoyment of the Land; H.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 Exdusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b.not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c.resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or e.resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).• The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: First American Title Insurance Company 410 OrdIPmber:NCS-821642-SD Page Number: 15 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, daims 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: 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 Exdusion 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 Exdusion 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 disdosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or e.resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage,is a. a fraudulent conveyance or fraudulent transfer, or b.a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 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