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MS 05-09X2; ACACIA ESTATES; Minor Subdivision (MS)
.. .. ( City of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits Ill Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care (Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Hillside Development Permit D Minor D Minor q ~onconforming Construction Permit M' Planned Development Permit l{'Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ~ite Development Plan D Mino D Special Use Permit ~Tentative Parcel Map (Minor Subdivision) ~ D Tentative Tract Map (Major Subdivision) D Variance D Minor LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 6 2-4610 Legislative Permits (FOR DEPT. USE ONLY) D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major B 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).: 204-231-06 & 08 -----------------------------------PROJECT NAME: Acacia Estates -----------------------------------BRIEF DESCRIPTION OF PROJECT: New construction of four (4) condominium units with subterranean parking, landscaping and common area. BRIEF LEGAL DESCRIPTION: Lots F and H in block 1 of Palisades Heights in the City of Carlsbad, County of San Diego, State of California, according to Map No. 1777 LOCATION OF PROJECT: 155 & 163 Acacia Avenue, Carlsbad, CA 92008 ON THE: South East (NORTH, SOUTH, EAST, WEST) BETWEEN Carlsbad Blvd. (NAME OF STREET) P-1 STREET ADDRESS SIDE OF Acacia Avenue (NAME OF STREET) AND Garfield Street (NAME OF STREET) Page 1 of 6 1 ,,, 9WNERNAME ,_print): CT Dream Realty, LLC MAILING ADDRESS: 960 Grand Avenue ·CITY, STATE, ZIP: San Diego, CA 92109 TELEPHONE: (619)804-0883 --------------EM A IL ADDRESS: jesajian@cthomesllc.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNO LEDGE. I IFY AS LEGAL OWNER THAT THE APPLICANT AS SET TH H REI IS MY AUTHORIZED REPRESENTATIVE FOR PUR OF APPLICb~N. SIG APPLICANT NAME (Print): JD Esajian ------------ MAILING ADDRESS: 960 Grand Avenue CITY, STATE, ZIP: San Diego, CA 92109 TELEPHONE: (203)927-1419 --------------EM A IL ADDRESS: jesajian@cthomesllc.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO TH BEST. MY KNOWLEDGE. ( o,5-1,-/6 DATE APPLICANT'S REPRESENTATIVE (Print): Ronald Holloway, BHA Inc. Craig Tortorici ----------------------------MA I LING ADDRESS: 5115 Avenida Encinas, Suite L 960 Grand Avenue CITY, STATE, ZIP: Carlsbad, CA 92008 San Diego, CA 92109 TELEPHONE: (760)931-8700 (619)804-0883 EMAIL ADDRESS: rholloway@bhaincsd.com tortoricicraig24@gmail.com I CERTIFY THAT. M THE REPRESENTATIVE OF THE APPLICANT FOR THI APPLICATION AND THAT ALL THE ABOVE IS T UE AND,..C~RECT TO THE BEST OF MY OS- SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RE RECORDED ON THE LAND AND FOR CITY USE ONLY P-1 ION: P P TY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING HIS ROPERTY le CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH SORS IN INTER~T. Page 2 of 6 MAY 2 6 2016 CITY Of: C/\f::.:.LSE' ,"D DA-fELif1~~i:,..~cl~TI6iJiECEIVED RECEIVED BY: Revised 03/16 ._. ____________ r~ ____________ _ ' . ( City of Carlsbad DISCLOSURE STATEMENT P-1 (A) It v, ,Uf,lli(~tii 5,t I vi Ct~ Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal. Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit.• Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. 2. P-1(A) 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.) ft( J. !) _,, PersonNA.lli1utl »,uO:lL Co,i,Ttaft·_ n ...... ~_uL_Uaj---+·uJ .... · ____ _ Title ~Qi Title __ ..... ~~tlU?"""'""'✓"'---------- Address l\\'l, bYKllld,d ;St, 5W1itjR oA q1,,1ft Address iu,g a.vtrt~d11, [2j~a.,{(p. l,L511l14-M ttu';,1 0 J u tlcl 5c UJU.kpw ~ ut; / L}OZ, tJilbw' /).,ve.~ OWNER (Not the owner's agent) re.lb : qh~ P' 1 I ..jtt,t-~,-t",CJ OA, 4 i-1t?q Provide the COMPLETE, LEGAL names and addresses of ALL persons having any· ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership. include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person 5a,ntl ll fJ {}.,b#J6 Corp/Part fn.W~ Title____________ Title ___ __,. ___ , _____ __, __ _ 5 t-t,, tJ.,,.-t-1 M.h ~d i-U,, d o~tj {,-.r l-1 bn{l..Nt-fu1J.1 1 w.,i, . Address__________ Address __________ v_•1 __ Page 1 of 2 Revised 07110 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? Oves If yes, please indicate person(s): ___________ _ NOTE: Attach additional sheets if necessary. f my knowledge. ' \ r ty name of owner Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 {city of Carlsbad PROJECT DESCRIPTION P-1(8) PROJECT NAME: Acacia Estates APPLICANT NAME: CT Dream Realty, LLC Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: Acacia Estates is a one (1) lot Tentative Parcel Map for new construction of four (4) condominiums. The subject property is on a 13, 950 square foot lot and will include landscaping and subterranean parking consisting of eight (8) parking spaces for residents, plus two (2) guest spaces, and storage areas. The condominiums will be two (2) story units above the subterranean parking. The two (2) different floor plans have areas of 3,047 square feet and 3, 275 square feet. There will also be a common area of 1,578 square feet. The project will require complete demolition and removal of two (2) structures. We are applying for a Tentative Parcel Map Extension which will include extension of the Coastal Development Permit, Site Development Plan, and Planned Development Permit. P-1(8) Page 1 of 1 Revised 07/10 ,, .. · ---------- {_ City of Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): D The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. The development project and any alternatives proposed in this application !!! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: JD Esajian Address: 960 Grand Avenue San Diego, CA 92109 Phone Number: (203)927-1419 PROPERTY OWNER Name: CT Dream Realty, LLC Address: 960Grand Avenue San Diego, CA 92109 Phone Number: (619)804-0883 Address of Site: 155 & 163 Acacia Avenue, Carlsbad, CA 92008 Local Agency (City and county): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number: Book 204, Page 231, #06 & 08 Specify list(s): Department of Toxic Substances Control, San Diego County Regulatory Identification Number:_N_/_A ___________________ _ D oS-}7-/{, 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 of2 Revised 02/13 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.gov/sitecleanup/CorteseLisUdefault.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmaUhazmat 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.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of2 Revised 02/13 ARTICLES OF ORGANIZATION DOMESTIC LIMITED LIABILITY COMPANY Office of the Secretary of the State 30 Trinity Street/ P.O. Box 150470 I Hartford, CT 06115-0470 / Rev. 03/13/2003 See reverse or instructions Space For Office t:K ORiy I. NAME OF THE LIMITED LIABILITY COMPANY CT Dreaff'l Kea,+ l L LG 3. INCi PAL OFFICE ADl;)RESS (See instructions r further details.) ss, (.,N4fe..\ s~~ u n J-y Nee-\ °'"ep c, 06 5 \\ 4. APPOINTMENT Of STATUTORY AGENT FOR SERVICE Of PROCESS Name of agent Business address (P.O. Bo;< is not acceptable) s S"(, C\-la ~ Sheer l) n :t t., N~ Hct~ cT 06511 Residence address (P.O. Box is not acceptable) 55~ CM~rel Stteet-u"':\-4 NeJ n -l ) ppomtment 5. MANAGEMENT Filing Fee: S60.00 (Place a check mark next to the following statement fllllr, if it applies) __ The management of the limited liability company shall be vested in one or more managers. Residence Address ibv, CS(J i ,at'l . M ~ 'be{ 55~ (,~°'ye, $-ne.e)- l-Jatha~·. t,\ Y\etnll l1eMbu v~J-4 ,e,),;,'k~J "°1QN\ibei 0\) \-lrAv<?M, e,T Oh5 11 7. EXECUTION Print or Reference an 8 ½ x I I attachment if additional space is required ~ A\\ fr\embets te>·,ck, G\'1J ~o(~ ~ ~ saMe, QJJress. I, the Connecticut Secretary of the State, and keeper ot the seal thereot, DO HEREBY CERTIFY, that CT DREAM REALTY, LLC is in existence. --/}_ __ .~ ~ Secretary of the State Date Issued: June 15, 2004 CT Dream Realty, LLC UNANIMOUS WRIITEN CONSENT OF THE MEMBERS IN LIEU OF A MEETING The undersigned, being all of the Members of CT Dream Realty, LLC (the "Company"), hereby consent to the adoption of the following resolutions pursuant to Article XV, Section 15.4 of the Operating Agreement of the Company, and Section 34-142 ofthe General Statutes of Connecticut. WHEREAS, the Members signing this consent arc the holders of all of the units entitled to vote at the Company's meetings and on the following resolutions; and WHEREAS, the undersigned desire to execute a written consent in lieu offonnally holding a Members' meeting, and agree that the adoption of the following resolutions shall be valid and have the same force and effect as though such resolutions had been adopted at a formal Member's meeting; therefore, be it: RESOLVED, that JD Esajian is authorized, directed, and empowered from time to time in the name of and on behalf of the Company to purchase and sell real or personal property, and handle any and all other closing accommodations, upon such terms and conditions as a title institution or other legal entity may require, and JD Esajian is further hereby authorized and empowered on behalf of this Company, to execute, endorse, acknowledge, and deliver to a title institution or other legal entity such agreements, notes, drafts, mortgages, assignments, security agreements, leases, and any and all other documents, instruments, and agreements encumbering or selling.lreleasing the real or personal property of this Company as may be requested by anyone in connection with any purchase or sale of real estate thereof. FURTHER RESOLVED that this Resolution shall remain in full force and effect, and lenders, title companies, and other legal entities shall be entitled to rely on this Resolution, until written notice of amendment or revocation shall have been received by such, but any such notice of amendment or revocation shall not affect this Company's obligation and liability to a lending institution under any agreement, instrument, or document executed prior to the lending institution's receipt of any such amendment or revocation. RESOLVED, that this written consent shall have the same force and effect as a fonnal Member's meeting for all purposes. The wdersigned direct that this written consent may be executed in multiple counterparts, all of which shall be considered originals and that this written consent, including the multiple counterparts, be filed with the minutes ofthe proceedings of the Company. IN WITNESS WHEREOF, the undersigned Members have executed this resolution. DATED: Jan7Z~ • /4,, > CT Dream R~~LLC, by P~ul ~liJm . ,yh_ __ f,,::/~:&~ ;. ALL OF THE MEMBERS b~A,lnc land planning, civil engineering, surveying To: Attention: Planning Division CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA From: Shana Crawford Enclosed □ Under Separate Cover 181 Please see attached fore deliverables. THESE ARE TRANSMITTED as checked below: Via: □ For your information 181 For approval 181 For Checking □ For your files □ Please Sign □ Please forward □ Please notarize □ Please record □ Please comment Comments: ROD BRADLEY, Urban Planner RONALD L. HOLLOWAY, Civil Engineer Date: May 26, 2016 W.O.: 1017-1018-600 Re: 155 & 163 Acacia Avenue MS 05-09 TM Time Extension Please Find: □ Mail □ Messenger 181 Hand □ In accordance with your request □ Please return enclosures □ Please telephone me □ Please acknowledge with receipt □ In accordance with our telephone conversation Please do not hesitate to call me if you have any questions about this submittal. cc: bl-IA, Inc. ~ aac~ By: Shana Crawford Engineering Technician 5115 Avenida Encinas, Suite L o Carlsbad, California 92008-4387 o (760) 931-8700 ° FAX (760) 931-7780 bHA, I ric Enclosed please find the following for submittal: One (1) set of the Land Use Review Application, P-1 One (1) set of the Disclosure Statement, P-l(A) One (1) set of the Project Description, P-l(B) May 26, 2016 Transmittal Page 2 One (1) set of the Hazardous Waste & Substances Statement, P-l(C) One (1) set of the Planning Commission Resolution No. 6104, CDP 05-18 One (1) set of the Planning Commission Resolution No. 6103, SDP 05-07 One (1) set of the CT Dream Realty, LLC Unanimous Written Consent of the Members Two (2) sets of the Preliminary Title Report One (1) reduced set of the Approved Site Plan (full size set with approval stamp not available) Check Number 22143 in the amount of $1,502.00 MAY 2 6 2016 CITY C,· •.,.-, <i .. :--'.' D PU'.'.'.'' >-1 Cl TA Preliminary Report Form (Rev. 11/06) Order Number: DIV-5169244 Page Number: 1 Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: Property: First American Title First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 California Department of Insurance License No. 151 DIV-5169244 (09) Bonnie Stark (619)231-4631 (866)497-8905 titleunit9@firstam.com 163 Acacia Avenue carlsbad, CA 92008 (Lot F) 155 Acacia Avenue carlsbad, CA 92008 (Lot H) 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 Trt:le 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 exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of1itle 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 exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Rrst American Title Page 1 of 16 Dated as of April 29, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: Order Number: DIV-5169244 Page Number: 2 ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit 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: CT Dream Realty, LLC, a Connecticut Limited Liability Company The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. Supplemental taxes for the year 2015-2016 assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. First Installment: $ 691.15, PAID Penalty: $ 0.00 Second Installment: $ 691.15, DUE Penalty: $ O;OO Tax Rate Area: 09000 A. P. No.: 859-514-86-75 3. Supplemental taxes for the year 2015-2016 assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. First Installment: $799.59, PAID Penalty: $0.00 Second Installment: $799.59, DUE Penalty: $0.00 Tax Rate Area: 09000 Rrst American Title Page 2 of 16 A. P. No.: 859-514-86-35 Order Number: DIV-5169244 Page Number: 3 4. Toe lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 5. An easement for public utilities and incidental purposes in the document recorded February 14, 1928 in Book 1435 of Deeds, Page 285. Toe location of the easement cannot be determined from record information. 6. An easement for PUBLIC UTILffiES, INGRESS AND EGRESS and incidental purposes in the document recorded October 19, 1948 as BOOK 2985, PAGE(S) 293 of Official Records. 7. 8. Toe location of the easement cannot be determined from record information. The terms and provisions contained in the document entitled "NOTICE OF RESTRICTION ON REAL PROPERlY" recorded August 17, 2006 as INSTRUMENT NO. 06-588033 AND RE- RECORDED OCTOBER 25, 2006 AS INSTRUMENT NO. 06-756591, BOTH of Official Records. A lien for unsecured property taxes, evidenced by a certificate recorded by the tax collector of San Diego County, recorded SEPTEMBER 25, 2014, as INSTRUMENT NO. 14-416227 of Official Records. Debtor: Year & No.: Amount: CT DREAM REAL lY, LLC 2013 & 883170 $314.93, and any other amounts due thereunder. 9. Water rights, claims or title to water, whether or not shown by the public records. Prior to the issuance of any policy of title insurance, the Company will require: Rrst American Title Page 3 of 16 Order Number: DIV-5169244 Page Number: 4 10. With respect to CT DREAM REALlY, LLC, a Connecticut limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Rrst American Title Page 4 of 16 ,, . INFORMATIONAL NOTES Order Number: DIV-5169244 Page Number: 5 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $4,783.01, PAID Penalty: $0.00 Second Installment: $4,783.01, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 204-231-06-00 2. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $4,577.13, PAID Penalty: $0.00 Second Installment: $4,577.13, PAID Penalty: $0.00 Tax Rate Area: 09000 A. P. No.: 204-231-08-00 3. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Multi Family Residence known as 163 ACACIA AVENUE, CARLSBAD, CA. (Affects APN: 204-231-06) 4. The property covered by this report is vacant land. (Affects APN: 204-231-08) 5. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded March 06, 2015 as INSTRUMENT NO. 15-106013 OF OFFICIAL RECORDS. From: ACACIA ESTATES, LLC, A CALIFORNIA LIMITED LIABILilY COMPANY To: ASSET RESOLUTION CORPORATION, A CALIFORNIA CORPORATION Arst American Title Page 5 of 16 ,, . Order Number: DIV-5169244 Page Number: 6 A document recorded June 10, 2015 as INSTRUMENT NO. 15-297663 OF OFFICIAL RECORDS . From: ASSET RESOLUTION CORPORATION, A CALIFORNIA CORPORATION To: 163/165 ACACIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY A document recorded October 29, 2015 as INSTRUMENT NO. 15-566403 OF OFFICIAL RECORDS From: 163/165 ACACIA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY To: CT DREAM REALlY, LLC, A CONNECTICUT LIMITED LIABILITY COMPANY 6. We find no open deeds of trust. Escrow please confirm before closing. NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American 77tle Page 6 of 16 LEGAL DESCRIPTION Order Number: DIV-5169244 Page Number: 7 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS F AND H IN BLOCK 1, OF PALISADES HEIGHTS, IN THE CITY OF CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1777, IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, JANUARY 11, 1924. APN: 204-231-06-00 and 204-231-08-00 First American Title Page 7 of 16 ® 1p.m;,S1S/ld : JJM;,!.IPH 1u;,11mJOQ e r. -IL' NCt-:~ BLK OLrl NF.W I CUT jij·e. .. • ·-" ... ~-"."i'" J•h :J+ ~--I ,_,, --zn 11,z rm, -l4Z ... ,. " CT, .. -.. , .. ,.., .,.. IZll -'"' ~-. ... U> • ...... ...... ... • -.. ""' ,,. IA17 .. .. , ... .,. , ... 17 06 1031 = ,, ,~~ D6 T39 .,. 17 -.. ... ... .. z.1&21 to .... 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I "'0 H "0 ic-; =i©~ ~ e : 00 • t ®Y • .... ~--..--l I ·I "' -I • :ll ©: t; 1 01~ t .... N ... -'i"":.-.. ----·--JUNIPER AVE t r "J)'lll:ll!IIUS! dnw •1q1 qo1q"' 01 'AUIJ! •,(o,1od :>:IOlUllSU! 011!1 OlflJO SUD!S!AOJd pu• 5111Ql :,q1 J\q P:,P!-'wd ,\Jss~dxo•si ol!ennquo ""°I qon, l'!I ollCJ:IAOO ligJ"" oq101 idooxo dnu •!qi uo ''""!I~ WWJ 11ns:u ,,\ew qo!q"' ollllWllp Jo SSOj JO Al!flql!!J hTJl! >W!"JJS!P Af~=dxo ue,µ;,wy l"!:I -u,moq P:,PJ<bp pu"f ~l JO .<o,uns • "'l IOU Al!W JO AllW dvw SJ1U first American Title Page 8 of 16 NOTICE Order Number: DIV-5169244 Page Number: 9 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American Title Page 9 of 16 First American Title Rrst American Title Page 10 of 16 Order Number: DIV-5169244 Page Number: 10 First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 (619)238-1776 WIRE INSTRUCTIONS for Order Number: DIV-5169244 Page Number: 11 First American Title Company, Demand/Draft Sub-Escrow Deposits San Diego County, California PAYABLE TO: BANK: ADDRESS: ACCOUNT NO: ROUTING NUMBER: First American Title Company First American Trust, FSB 5 First American Way, Santa Ana, CA 92707 3008270000 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 163 Acacia Avenue, Carlsbad, CA 92008 FILE NUMBER: DIV-5169244 (09) PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Bonnie Stark AT (619)231- 4631 OR bstark@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK, ADDmONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDmONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. Rrst American Title Page 11 of 16 EXHIBIT A Order Number: DIV-5169244 Page Number: 12 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (e) land division; and (f) environmental protection. This Exclusion does not limit the coverage described In Covered Rlsk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; ( c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Rlsk 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 Rlsk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Trt:le Risks. 2. The right to take the land by condemning it, unless: Rrst American Title Page 12 of 16 (a) a notice of exercising the right appears in the public records on the Policy Date Order Number: DIV-5169244 Page Number: 13 (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3. Til:le 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 Tll:le 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 Til:le Risks. 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant 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 Oaimant; ( 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 litle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Rrst American Title Page 13 of 16 Order Number: DIV-5169244 Page Number: 14 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Oaimant; ( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: Rrst American 77tle Page 14 of 16 Order Number: DIV-5169244 Page Number: 15 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American 77tle Page 15 of 16 ~I First American Title Privacy Information We Are Committed to Safeguarding Customer Information Order Number: DIV-5169244 Page Number: 16 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we Will do with such Information • particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal Information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use Information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect inciude: • 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. Conf"Klentlality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your Information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We Will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American"s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply With federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or Its affiliates" Web sites on the World Wide Web without telHng us who you are or reveaDng any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information Is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When Information is needed, we Will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information With us, we will only use It in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FllStAm com uses stored cookies. The goal of this technology Is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use Information about a consumer in our business. We Will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the publie record, we cannot correct inaccurate Information, we Will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Rrst American Tltle Page 16 of 16 Privacy Information (2001-2010 First American Financial Corporation)