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HomeMy WebLinkAboutHDP 88-12; A. TAHMASEVI; Hillside Development Permit (HDP)'City of Carlsbad One Single 2075 Las Palmas Drive No Charge Carlsbad, CA 92009 (619) 438-1161 All Other Applications Based on Project Site Size: PLANNING DEPARTMENT 0 - 1 Acres 50.00 HILLSIDE DEVELOPMENT PERMIT 0 - 10 Acres 100.00 10 - 100 Acres 200.00 APPLICATION FORM 100 Acres 400.00 Complete Description of Project (attach additional sheets if necessary) 70 ft SFi Location of Project 470 , CARLS AO CA 9ZOe8 Permit/File Numbers Associated with this Project Legal Description (complete) -n,cr '#6 —'8 A 2ô7-4I2- I Local Facility Management Zone Assessors Parcel Number 2074 2—t Zone General Plan Existing Land Use Proposed Zone Proposed General Plan Site Acreage 14. Owner Applicant Name (Print or Type) Name (Print or Type) /\. Mailing Address Mailing Address 2HOFUP- Cy City and State Zip Telephone City and State Zip Telephorn 2OO 72/'-32c, flQIPlf\LO_L I CERTIFY THAT I AM THE LEGAL OWNER I CERTIFY THAT I AM THE OWNER'S AND THAT ALL THE ABOVE INFORMATION REPRESENTATIVE AND THAT ALL IS TRUE AND CORRECT TO THE BEST OF THE ABOVE INFORMATION IS TRUE MY KNOWLEDGE. AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE ttQ(rnov--LDATE PJ 22 8$ SIGN(4TNRE DATE ' z Date AppJJcation Recd. Received By Fees R c&ved Receipt No. PROJE'TNU'MBER (S) 7 /11 DISCLOSURE FORM APPLICANT: AGENT: ~A m As (individual) partners '2C-J&ec)cC Business Address 7-ic3iO Telephone Number tJ/A nip, joint venture, corporation, s cr 4 Name - Business Address Telephone Number MEMBERS: f'J/,4 Name (individual, partner, joint Home Address venture, corporation, syndication) Business Address Telephone Number Telephone Number Name Home Address Business Address Telephone Number Telephone Number (Attach more sheets if necessary) understand that if this project is located in the Coastal Zone, I/we will apply for Coastal Commission Approval prior to development. l/ acknowledge that in the process of reviewing this application, it may be ce nessary for members of City Staff, Planning Commissioners, Design Review Board members, or City Council members to inspect and enter the property that is the subject of this application. I/ft consent to entry for this purpose. 1/44 declare under penalty of perjury that the information contained in this disclosure is true and correct and that it will remain true and correct and may be relied upon as being true and correct until amended. APPLICANT BY Agent, Owner, Partner 0 RECEIVED AUG22 1988 CITY OF CARLSBAD DEVELOP'. PROC. SERV. DIV. 00" TICOR TITLE VSURANCE 0 TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT APRIL 13, 1988 CONTINENTAL ESCROW ATTN: CHRIS VILLASENOR 5055 AVENIDA ENCINAS SUITE 140 CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: CARLSBAD TRACT 85-18; ESCROW - 2951-CV; BUYER: TAHMASEB I OUR ORDER NO. : 1151117-31 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) 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. DATED AT 7:30 A.M. AS OF APRIL 5, 1988 TITLE OFFqR; LEIHYON TEL 619 544-6261 / ABEAR TEL 619 544-6258 SIGNED: g:e'4t I FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) CLTA STANDARD COVERAGE POLICY - 1973 (AMENDED 12-6-85 AND 2-20-86) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) AMENDED 1151117- 31 PAGE rrdl TICOR TITLE VSURANCE . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1988-89 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1987-88 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : DELINQUENT SECOND INSTALLMENT : NOW DUE AND PAYABLE 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : FEBRUARY 6, 1950, DOCUMENT NO. 13552 IN BOOK 3485, PAGE 165 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MAY 21, 1985 BY AND BETWEEN : SKYLINE ESTATES PARTNERSHIP, PANNONIA INVESTMENT CORPORATION AND THE CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JULY 10, 1985, RECORDER'S FILE NO. 85-246098 9. A COVENANT AND AGREEMENT AS REFLECTED IN AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC. IN FAVOR OF : THE CITY OF CARLSBAD RECORDED : JULY 8, 1986, RECORDER'S FILE NO. 86-280996 WHICH AFFECTS THE HEREIN DESCRIBED LAND AND WHICH AMONG OTHER THINGS PROVIDES : THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT, WHICH AMENDED 1151117- 31 PAGE 2 .0C TICOR TITLE PSURANCE 0 WILL CAUSE THE CONSTRUCTION AND INSTALLATION OF CERTAIN / IMPROVEMENTS. V . AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 11592 FOR : DRAINAGE AFFECTS : LOT 31 AS SHOWN ON SAID MAP 6. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON 'C MAP : 11592 FOR : OPEN SPACE AFFECTS : LOT 31 AS SHOWN ON SAID MAP /i. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 11592 4TA EET AFFECTED : HILLSIDE DRIVE ADJACENT TO LOT 31 A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT TED HEREIN ED : JULY 31, 1986 AMOUNT : $9,662,000.00 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE : FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST fRECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 WHICH ASSIGNMENT WAS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372210 LEASE OR LEASES: NONE DISCLOSED THE TERMS, CONDITIONS AND PROVISIONS OF SAID LEASE WERE PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AND SECURITY PACIFIC MORTGAGE CORPORATION, A CORPORATION RECORDED DATE : NOVEMBER 10, 1986 RECORDER'S FILE NO. : 86-514546 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION RECORDED : OCTOBER 8, 1986, RECORDER'S FILE NO. 86-453077 SUBORDINATED TO : DECLARATION OF COVENANTS, CONDITIONS AND AMENDED 1151117- 31 PAGE 3 TICOR TITLE SURANCE RESTRICTIONS RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION DATED : NOVEMBER 3, 1986 RECORDED : NOVEMBER 10, 1986, RECORDER'S FILE NO. 86-514545 AND RE-RECORDED: JANUARY 9, 1987, RECORDER'S FILE NO. 87-008642 NOTICE: THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT A TYPOGRAPHICAL ERROR. THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED : NOVEMBER 6, 1986 RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541585 AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-541585 WHICH ASSIGNMENT WAS EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE AND REAL ESTATE SERVICES, INC., A DELAWARE CORPORATION RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541586 LEASE OR LEASES: NONE 9. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON : SUNSET PLACE ASSOCIATION OF CARLSBAD, A CALIFORNIA NONPROFIT CORPORATION SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : OCTOBER 20, 1986, RECORDER'S FILE NO. 86-472131 SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : MARCH 31, 1988, RECORDER'S FILE NO. 88-146966 AMENDED 1151117- 31 PAGE 4 .j TICOR TITLE IPSURANCE 0 0. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY THER OBLIGATIONS THEREIN CONTAINED. D ED OF TRUST DATED : AUGUST 12, 1987 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : LINCOLN SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA STATE-CHARTERED SAVINGS AND LOAN ASSOCIATION RECORDED : AUGUST 25, 1987, RECORDER'S FILE NO. 87-482614 NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS. C. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. D. OUR 116 INDORSEMENT WHEN ISSUED IN CONNECTION WITH THE A.L.T.A. POLICY WILL SHOW TYPE OF IMPROVEMENT A SINGLE FAMILY RESIDENCE PROPERTY ADDRESS : 4702 TELESCOPE AVENUE, CARLSBAD, CALIFORNIA E. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSEMENT NO. 100. F. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1987-88 09000 207-412-18 $48,600.00 $254.39, OPEN (DELINQUENT) $254.39, OPEN AMENDED 1151117- 31 PAGE 5 TICOR TITLE VISURANCE 40 G. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1987-88 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF THE STATE OF CALIFORNIA; CODE AREA PARCEL NO. LAND FIRST INSTALLMENT DELINQUENT SECOND INSTALLMENT DELINQUENT 09000 869-024-95-26 $32,583.00 $142.76, OPEN (DELINQUENT) DECEMBER 10, 1987 $142.76, OPEN APRIL 10, 1988 AMENDED 1151117- 31 PAGE 6 .,Qro TICOR TITLE SURANCE 40 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 31 CARLSBAD TRACT 85-18 UNITS NO. 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11592 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 19, 1986. AMENDED 1151117- 31 PAGE 7 Ajo TICOR TITLE IPSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY--1979 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 limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 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 2. The right to take the land by condemning it, unless a notice of in streets, alleys or waterways that touch your land. taking appears in the public records on the Policy Date. This exclusion does not Ilmit the access coverage In Item 5 of Covered Title Risks. SCHEDULE B--STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) 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. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY--1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance Is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or 3 completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. AMENDED 1151117- 31 PAGE 8 -,W T1COR TITLE 0SURANCE 46 CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY--1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting 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, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. B. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, Interest or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B--1970 (Amended 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation In ownership or a reduction In the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed In writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (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. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1151117- 31 PAGE 9 I I SCALE '' f7 60 00 19 I •1 I I rmusmv IRAC 1/ID. gi.M 21 13 96 00' •I7.E t ____ N 25 2oL2f #jy; 24 zz -I. - - ----..- - -- compiled for information only, nor it may be attacad. icy to w •rlcoR of the report or pol TWI INLMANC lamd. but is PAN CARLSBAD TRACT 85-18 a'LrnNY ,57WW F'OoWO 57WEE7 V •) .- \ cc £. /JE9 'PEE UNITS 1 & 2 Jjll NONIA '—$ 7, Z4 Z5 r £MPM' -- wOJL'L. as V i!i 30 00 Oto "s r. w off N I ) RM. A19.880 17 4- All All - irETi ,//, N5 I, Z fP N —.-.-r !AP NO. JLE92 - SHEET 7 OF '0 SHEETS I Ht DiWIM#f '4z1*,___ g45qA.gwY OEP,€A .. - —i1 t.-- 51 00.0of 900%, POO I A. 1 'I I. \ se \ EASE 4 OW EA r OA TA .ok6Tth Nid'O7 08E - T k' 75* w .zo £J'W - I f500 L' y3rl7( - 1 s•"r':_ ,l,z,LJD! R7 r44zr o Ja- Z,0t7dI!!Oi h. o5c4 49/ 78 '• t. 4' 4-,—. I.- -a ( 0 Si 0 oCp 0 0 p gfj- TICOR TITLE I93URANCE TICOR TITLE INSURANCE COMPANY 925 "B" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT APRIL 13, 1988 CONTINENTAL ESCROW ATTN: CHRIS VILLASENOR 5055 AVENIDA ENCINAS SUITE 140 CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: CARLSBAD TRACT 85-18; ESCROW - 2951-CV; BUYER: TAHMASEBI OUR ORDER NO. : 1151117-31 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) 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. DATED AT 7:30 A.M. AS OF APRIL 5, 1988 TITLE OFFI(CR; LEIHON TEL 619 544-6261 I ABEAR TEL 619 544-6258 SIGNED: T FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10 -17 -70) CLTA STANDARD COVERAGE POLICY'- 1973 (AMENDED 12-6-85 AND 2-20-86) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) AMENDED 1151117- 31 PAGE •fell TICOR TITLE 1#5URANCE • THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1988-89 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1987-88 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : DELINQUENT SECOND INSTALLMENT : NOW DUE AND PAYABLE 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : FEBRUARY 6, 1950, DOCUMENT NO. 13552 IN BOOK 3485, PAGE 165 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 0. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MAY 21, 1985 BY AND BETWEEN : SKYLINE ESTATES PARTNERSHIP, PANNONIA INVESTMENT CORPORATION AND THE CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JULY 10, 1985, RECORDER'S FILE NO. 85-246098 A COVENANT AND AGREEMENT AS REFLECTED IN AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC. IN FAVOR OF : THE CITY OF CARLSBAD RECORDED : JULY 8, 1986, RECORDER'S FILE NO. 86-280996 WHICH AFFECTS THE HEREIN DESCRIBED LAND AND WHICH AMONG OTHER THINGS PROVIDES : THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT, WHICH AMENDED 1151117- 31 PAGE 2 Cjr TICOR TITLE VSURANCE WILL CAUSE THE CONSTRUCTION AND INSTALLATION OF CERTAIN /5. IMPROVEMENTS. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 11592 FOR : DRAINAGE AFFECTS : LOT 31 AS SHOWN ON SAID MAP 6. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 11592 FOR : OPEN SPACE AFFECTS : LOT 31 AS SHOWN ON SAID MAP /7. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 11592 ST EEl AFFECTED : HILLSIDE DRIVE ADJACENT TO LOT 31 8 A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT TATED HEREIN 'DATED : JULY 31, 1986 AMOUNT : $9,662,000.00 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE : FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 WHICH ASSIGNMENT WAS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372210 LEASE OR LEASES: NONE DISCLOSED THE TERMS, CONDITIONS AND PROVISIONS OF SAID LEASE WERE PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AND SECURITY PACIFIC MORTGAGE CORPORATION, A CORPORATION W RECORDED DATE : NOVEMBER 10, 1986 RECORDER'S FILE NO. : 86-514546 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION RECORDED : OCTOBER 8, 1986, RECORDER'S FILE NO. 86-453077 SUBORDINATED TO : DECLARATION OF COVENANTS, CONDITIONS AND AMENDED 1151117- 31 PAGE 3 fell T1COR TITLE #SURANCE WWI RESTRICTIONS RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY : SKYLINE ESTATES, INC. , A CALIFORNIA CORPORATION DATED : NOVEMBER 3, 1986 RECORDED : NOVEMBER 10, 1986, RECORDER'S FILE NO. 86-514545 AND RE-RECORDED: JANUARY 9, 1987, RECORDER'S FILE NO. 87-008642 NOTICE: THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT A TYPOGRAPHICAL ERROR. THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED : NOVEMBER 6, 1986 RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541585 AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-541585 WHICH ASSIGNMENT WAS EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE AND REAL ESTATE SERVICES, INC., A DELAWARE CORPORATION RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541586 LEASE OR LEASES: NONE 9. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON : SUNSET PLACE ASSOCIATION OF CARLSBAD, A CALIFORNIA NONPROFIT CORPORATION SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : OCTOBER 20, 1986, RECORDER'S FILE NO. 86-472131 SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : MARCH 31, 1988, RECORDER'S FILE NO. 88-146966 AMENDED 1151117- 31 PAGE 4 TICOR TITLE #SURANCIE 0 . PC@ fT A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL HE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY R OBLIGATIONS THEREIN CONTAINED. OF TRUST DATED : AUGUST 12, 1987 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE : TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : LINCOLN SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA STATE-CHARTERED SAVINGS AND LOAN ASSOCIATION RECORDED : AUGUST 25, 1987, RECORDER'S FILE NO. 87-482614 NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS. C. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. D. OUR 116 INDORSEMENT WHEN ISSUED IN CONNECTION WITH THE AL.T.A. POLICY WILL SHOW TYPE OF IMPROVEMENT : A SINGLE FAMILY RESIDENCE PROPERTY ADDRESS : 4702 TELESCOPE AVENUE, CARLSBAD, CALIFORNIA E. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSEMENT NO. 100. F. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1987-88 09000 207-412-18 $48,600.00 $254.39, OPEN $254.39, OPEN (DELINQUENT) AMENDED 1151117- 31 PAGE 5 Uffif TICOR TITLE @SURANCE G. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1987-88 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF THE STATE OF CALIFORNIA; CODE AREA : 09000 PARCEL NO. : 869-024-95-26 LAND : $32,583.00 FIRST INSTALLMENT : $142.76, OPEN (DELINQUENT) DELINQUENT : DECEMBER 10, 1987 SECOND INSTALLMENT $142.76, OPEN DELINQUENT : APRIL 10, 1988 AMENDED 1151117- 31 PAGE 6 CCU TICOR TITLE #SURANCE THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 31 CARLSBAD TRACT 85-18 UNITS NO. 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11592 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 19, 1986. AMENDED 1151117- 31 PAGE 7 Cffir T1COR TITLE IPSURANCE EXHIBIT A Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY---1979 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 limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 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 2. The right to take the land by condemning it, unless a notice of * in streets, alleys or waterways that touch your land. taking appears in the public records on the Policy Date. This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE B--STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in item 8 of the Covered Title Risks. (C) 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. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY--1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction In the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed In writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent Insurance is afforded herein as to any statutory lien for 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). 4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subsequent owner of the Indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. AMENDED 1151117- 31 PAGE 8 TICOR TITLE VSURANCE * CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY--1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following; 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 by making Inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting 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, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, Interest or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B--1970 (Amended 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the Insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (C) resulting In no loss or damage to the Insured claimant (d) attaching or created subsequent to Date of Policy; (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. Principal Office; 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1151117- 31 PAGE 9 I k. 'N C 78 r3• " I II CAE ' 9000 I 8000' 1 6000 N 300Z"E Z30I7' Sir YL/A/( .20 21 U -IL : 25 27 24 zz AW .I. S. 'I . !*:. 'N 2 1'ARLSMD IRACINO.1175A I MAP NO. 1$253 13 20 N 3,'I76 I 1 I 764'! 95 I*91Za I TELESCOPC Y 5907, I - i1b-i \ A- 4 , l \I '- .s 7 - 73 I ts \\ r f'/M 4 I \1 ' r- \ g5Ai4WT 9eoIGalw -..'- - I If0I I •- '070 41 30 A. I 4' £AS(MEfr47' DATA *0 pa,aij AOlL/ST'ijit N•t0tfw - 4 N f?•E - AW00, oi , 6- g-44rr tSo * 0.50' • /034 00' , IV I MAP NO. C4RLSF3AD TRACT 85-18 SHEET 7 a A of the lamd, but is complied for information only, nor is it a PAN NON IA i port y of the report or policy to which \ it ma be attached. UNITS 1942 •T1COII1 TMf INS(MAHCE pzrsvv 1192 OF '0 SHEETS 40 PER / NN lk I • ccoEa 4 ZZ 7f / t. 01 RM iSO. .Uo '7 16 . I I <' / 'b I I / N r'3'o8'E Zf50a' ' I / N ' I per ir I ff V > I I / I I /\4 --.1 e'. -q S 4 4+ OR TICOR TITLE 01SURANCE TICOR TITLE INSURANCE COMPANY 925 "6" STREET SAN DIEGO, CALIFORNIA 92101 P.O. BOX 1150 SAN DIEGO, CALIFORNIA 92112 619 239-6081 PRELIMINARY REPORT APRIL 13, 1988 CONTINENTAL ESCROW ATTN: CHRIS VILLASENOR 5055 AVENIDA ENCINAS SUITE 140 CARLSBAD, CALIFORNIA 92008 YOUR REFERENCE: CARLSBAD TRACT 85-18; ESCROW - 2951-CV; TAHMASEB I OUR ORDER NO. : 1151117-31 BUYER: IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH ON EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT. THIS REPORT, (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) 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. DATED AT 7:30 A.M. AS OF APRIL 5, 1988 TITLE OFF,CR; LEI HON TEL 619 544-16261 I ABEAR TEL 619 544-6258 SIGNED: g T FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: ALTA RESIDENTIAL TITLE INSURANCE POLICY - 1979 ALTA LOAN POLICY - 1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) CLTA STANDARD COVERAGE POLICY - 1973 (AMENDED 12-6-85 AND 2-20-86) ALTA OWNER'S POLICY FORM B - 1970 (AMENDED 10-17-70) AMENDED 1151117- 31 PAGE Prj- TICOR TITLE*ISURANCE THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE THE TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1988-89 INCLUDING PERSONAL PROPERTY TAX, IF ANY, A LIEN NOT YET PAYABLE. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE TAXATION CODE OF THE STATE OF CALIFORNIA. GENERAL AND SPECIAL COUNTY AND CITY TAXES AND SPECIAL ASSESSMENTS, IF ANY, COLLECTED WITH SAID TAXES. FOR THE FISCAL YEAR : 1987-88 INCLUDING PERSONAL PROPERTY TAX, IF ANY, FIRST INSTALLMENT : DELINQUENT SECOND INSTALLMENT : NOW DUE AND PAYABLE 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED : FEBRUARY 6, 1950, DOCUMENT NO. 13552 IN BOOK 3485, PAGE 165 OF OFFICIAL RECORDS RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. 0. AN AGREEMENT TO WHICH REFERENCE IS HEREBY MADE FOR FULL PARTICULARS DATED : MAY 21, 1985 BY AND BETWEEN : SKYLINE ESTATES PARTNERSHIP, PANNONIA INVESTMENT CORPORATION AND THE CITY OF CARLSBAD REGARDING : AGREEMENT BETWEEN OWNER, DEVELOPER AND THE CITY OF CARLSBAD FOR THE PAYMENT OF A PUBLIC FACILITIES FEE RECORDED : JULY 10, 1985, RECORDER'S FILE NO. 85-246098 A COVENANT AND AGREEMENT AS REFLECTED IN AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC. IN FAVOR OF : THE CITY OF CARLSBAD RECORDED : JULY 8, 1986, RECORDER'S FILE NO. 86-280996 WHICH AFFECTS THE HEREIN DESCRIBED LAND AND WHICH AMONG OTHER THINGS PROVIDES : THE FORMATION OF A SPECIAL ASSESSMENT DISTRICT, WHICH 4 AMENDED 1151117- 31 PAGE 2 pjir TICOR TITLESURANCE WILL CAUSE THE CONSTRUCTION AND INSTALLATION OF CERTAIN / IMPROVEMENTS. / 5. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 11592 FOR : DRAINAGE AFFECTS : LOT 31 AS SHOWN ON SAID MAP 7 P 6. AN EASEMENT AFFECTING A PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, SHOWN OR DEDICATED ON MAP : 11592 FOR : OPEN SPACE AFFECTS : LOT 31 AS SHOWN ON SAID MAP /7. PROVISIONS OF THE DEDICATION STATEMENT ON MAP OF THE SUBDIVISION SHOWN BELOW, WHICH RELINQUISH CERTAIN RIGHTS OF INGRESS AND EGRESS TO THE PUBLIC STREET HEREIN NAMED, UPON THE TERMS THEREIN, EXCEPT FOR THE GENERAL PUBLIC RIGHT TO TRAVEL THE SAME MAP NO. : 11592 I EET AFFECTED : HILLSIDE DRIVE ADJACENT TO LOT 31 8 A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS OF THE AMOUNT TATED HEREIN 'DATED : JULY 31, 1986 AMOUNT : $9,662,000.00 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE : FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION BENEFICIARY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST f RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372209 WHICH ASSIGNMENT WAS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-372210 LEASE OR LEASES: NONE DISCLOSED THE TERMS, CONDITIONS AND PROVISIONS OF SAID LEASE WERE PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION AND SECURITY PACIFIC MORTGAGE CORPORATION, A CORPORATION RECORDED DATE : NOVEMBER 10, 1986 RECORDER'S FILE NO. : 86-514546 SAID DEED OF TRUST HAS BEEN SUBORDINATED TO THE SUBJECT MATTER REFERRED TO IN THIS PARAGRAPH, BY THE PROVISIONS OF AN INSTRUMENT EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION RECORDED : OCTOBER 8, 1986, RECORDER'S FILE NO. 86-453077 SUBORDINATED TO : DECLARATION OF COVENANTS, CONDITIONS AND AMENDED 1151117- 31 PAGE 3 rjr TICOR TITLEINSURANCE RESTRICTIONS RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 AN INSTRUMENT PURPORTS TO MODIFY THE TERMS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION DATED : NOVEMBER 3, 1986 RECORDED : NOVEMBER 10, 1986, RECORDER'S FILE NO. 86-514545 AND RE-RECORDED: JANUARY 9, 1987, RECORDER'S FILE NO. 87-008642 NOTICE: THIS DOCUMENT IS BEING RE-RECORDED TO CORRECT A TYPOGRAPHICAL ERROR. THE TERMS OF THE PROMISSORY NOTE WHICH IS SECURED BY SAID DEED OF TRUST PURPORTEDLY WERE MODIFIED BY AN INSTRUMENT DATED : NOVEMBER 6, 1986 RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541585 * AN ASSIGNMENT OF THE LESSOR'S INTEREST IN THE LEASE OR LEASES HEREIN REFERRED TO, GIVEN AS ADDITIONAL SECURITY FOR THE PAYMENT OF THE INDEBTEDNESS SECURED BY THE DEED OF TRUST RECORDED : AUGUST 27, 1986, RECORDER'S FILE NO. 86-541585 WHICH ASSIGNMENT WAS EXECUTED BY : SECURITY PACIFIC MORTGAGE CORPORATION, A DELAWARE CORPORATION IN FAVOR OF : SECURITY PACIFIC MORTGAGE AND REAL ESTATE SERVICES, INC., A DELAWARE CORPORATION RECORDED : SEPTEMBER 24, 1987, RECORDER'S FILE NO. 87-541586 LEASE OR LEASES: NONE 9. COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN DECLARATION OF RESTRICTIONS EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : SEPTEMBER 19, 1986, RECORDER'S FILE NO. 86-414297 RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN ARE DELETED. IT ALSO PROVIDES THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE RIGHT TO LEVY CERTAIN CHARGES OR ASSESSMENTS AGAINST SAID LAND WHICH SHALL BECOME A LIEN IF NOT PAID, AS THEREIN SET FORTH, CONFERRED UPON : SUNSET PLACE ASSOCIATION OF CARLSBAD, A CALIFORNIA NONPROFIT CORPORATION SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : OCTOBER 20, 1986, RECORDER'S FILE NO. 86-472131 SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT EXECUTED BY : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION RECORDED : MARCH 31, 1988, RECORDER'S FILE NO. 88-146966 AMENDED 1151117- 31 PAGE 4 Pej- TICOR TITLEOISURANCE 0. A DEED OF TRUST TO SECURE THE FAITHFUL PERFORMANCE OF EACH AND ALL THE OBLIGATIONS OF THE TRUSTOR UNDER THAT CERTAIN AGREEMENT,AND ANY THER OBLIGATIONS THEREIN CONTAINED. ED OF TRUST DATED : AUGUST 12, 1987 TRUSTOR : SKYLINE ESTATES, INC., A CALIFORNIA CORPORATION TRUSTEE TICOR TITLE INSURANCE COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION BENEFICIARY : LINCOLN SAVINGS AND LOAN ASSOCIATION, A CALIFORNIA STATE-CHARTERED SAVINGS AND LOAN ASSOCIATION RECORDED AUGUST 25, 1987, RECORDER'S FILE NO. 87-482614 NOTES A. THE COUNTY RECORDER'S OFFICE WILL CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES, AN EXTRA $20.00 RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOMPANIED BY A "PRELIMINARY CHANGE OF OWNERSHIP REPORT." IN LIEU OF SAID REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT THAT THE TRANSFEREE IS NOT A RESIDENT OF CALIFORNIA. OUR TITLE BILLING WILL BE ADJUSTED TO REFLECT SUCH ADDITIONAL FEES WHEN APPLICABLE. B. CHAPTER 1004, OF CALIFORNIA STATUTES OF 1984, BECAME EFFECTIVE ON JANUARY 1, 1985. THIS LEGISLATION DEALS WITH THE DISBURSEMENT OF FUNDS DEPOSITED WITH ANY TITLE ENTITY ACTING IN AN ESCROW OR SUB-ESCROW CAPACITY. THE LAW REQUIRES THAT ALL FUNDS BE DEPOSITED AND COLLECTED BY THE TITLE ENTITY'S ESCROW AND/OR SUB-ESCROW ACCOUNT PRIOR TO DISBURSEMENT OF ANY FUNDS. USE OF A CHECK DRAWN ON AN OUT-OF-STATE FINANCIAL INSTITUTION OR USE OF ANY DRAFT MAY CAUSE A MATERIAL DELAY IN CLOSING AND DISBURSEMENT OF FUNDS ON THIS ORDER. IN ORDER TO AVOID SUCH DELAYS, ALL FUNDINGS SHOULD BE EITHER BY WIRE TRANSFER OR BY CHECK DRAWN ON CALIFORNIA FINANCIAL INSTITUTIONS. C. TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED RECORDED PRIOR TO SIX MONTHS FROM THE DATE HEREOF. D. OUR 116 INDORSEMENT WHEN ISSUED IN CONNECTION WITH THE A.L.T.A. POLICY WILL SHOW TYPE OF IMPROVEMENT : A SINGLE FAMILY RESIDENCE PROPERTY ADDRESS : 4702 TELESCOPE AVENUE, CARLSBAD, CALIFORNIA E. OUR A.L.T.A. LENDERS POLICY, WHEN ISSUED, WILL CONTAIN C.L.T.A. INDORSEMENT NO. 100. F. TAX FIGURES FOR CODE AREA PARCEL NO. LAND FIRST INSTALLMENT SECOND INSTALLMENT 1987-88 09000 207-412-18 $48,600.00 $254.39, OPEN $254.39, OPEN (DELINQUENT) AMENDED 1151117- 31 PAGE 5 QCI TICOR TITLEJSURANCE 0 G. SUPPLEMENTAL TAXES FOR THE FISCAL YEAR 1987-88 ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF THE STATE OF CALIFORNIA; CODE AREA : 09000 PARCEL NO. : 869-024-95-26 LAND : $32,583.00 FIRST INSTALLMENT : $142.76, OPEN (DELINQUENT) DELINQUENT : DECEMBER 10, 1987 SECOND INSTALLMENT : $142.76, OPEN DELINQUENT : APRIL 10, 1988 AMENDED 1151117- 31 PAGE 6 0 TICOR TITLE 41SURANCE I THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOT 31 CARLSBAD TRACT 85-18 UNITS NO. 1 AND 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11592 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 19, 1986. AMENDED 1151117- 31 PAGE 7 Qjro TICOR TITLEJSURANCE •. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY--1973 (Amended 12-6-85 and 2-20-86) SCHEDULE B PART I • This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: 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 by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (C) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any right, title, Interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any Improvement now or hereafter erected on the land, or prohibiting 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, whether or not shown by the public records at Date of Policy, or the effect of any violation of any such law, ordinance or governmental regulation, whether or not shown by the public records at Date of Policy. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) whether or not shown by the public records at Date of Policy, but created, caused, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interest or claims which are not shown by the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B--1970 (Amended 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant became an Insured hereunder; (C) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (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. Principal Office: 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009 AMENDED 1151117- 31 PAGE 9 ) 0 * -: MetroScan / San Diego Owner :Luciani James J/Jaime D CoOwner Site :Telescope Ave Carlsbad Mail :2684 Sausalito Ave Carlsbad Ca 92008 Xfered :02/12/98 Doc # :74015 Price :$2 75,000 FULL Deed :Grant Deed Loan Amt :$192,500 Loan :Conventional VestType :Communit Ppty IntTy :Fixed Lender :Rancho Vista National Bank Land Use :110 Vacant,Residential Zoning :1 R-1,Single Family Residential Plat :CARLSBlD TCT*85-18 UNITS#01&02 MapNumb :011592 Legal :CARLSBAD TCT#85-18 UNITS*01&02 LOT Census :Tract: Block: Bedrooms : View Bathrooms : Garage Sp Units : Bldg SqFt :4,514 Pool • -- - - - - - - - - - - - - - - - - - - - - - - - - - * Parcel :207 412 18 00 Land :$149,612 Struct Other Total :$149,612 Exempt Type Imprv % Owned :100 TaxArea :09000 97-98 Tx :$1 ,631 .84 MapGrid :1106 H6 Phone Owner Tenant Year Built :1990 Acres :.72 LotSqFt :31,363 The Information Provided Is Deemed Reliable, But Is Not Guaranteed. HILLSIDE DEVELOPMENT PERMIT CHECK LIST PROJECT NUMBER 1. Slope Analysis (LI) 2. Slope Profile (LI) 3. Site Plan, Grading Plans, Building Plans, Elevations (LI each) 4. Disclosure Statement 5. Title Report (3) -)/ WDATE SIGNATURE