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Home My WebLink AboutRP 2017-0002; BLUE STAR MASSAGE; Redevelopment Permits (RP).„ C City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) O Coastal Development Permit El Minor General Plan Amendment El Conditional Use Permit El Local Coastal Program Amendment Minor ri Extension El Day Care (Large)[1]Master Plan ID Amendment [1]Environmental Impact Assessment [1]Specific Plan El Amendment O Habitat Management Permit Minor El Zone Change Hillside Development Permit El Minor El Zone Code Amendment El Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits Planned Development Permit El Minor 111 Review Permit Residential ['Non-Residential Administrative Minor Major Planning Commission Determination El Reasonable Accommodation Village Review Area Permits Site Development Plan 0 Minor Review Permit RP O Special Use Permit IA Administrative Minor ['Major 2D11 "000 z O Tentative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) El Variance Ninor 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).:;6 3 2 0 Li -00 PROJECT NAME: \\,›"Fc:ITS'S N.ta‘--(C5-e_t•-eBRIEF DESCRIPTION OFPROJECT:6X6L-1S'\A)ejol aid HA.S.5G-5e174‘A e- PROJECT VALUE ESTIMATED COMPLETION DATE(SITE IMPROVEMENTS) LOCATION OF PROJECT:--.-(111 ,Curls bad 131vol cA STREET ADDRESS ON THE:SIDE OF (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN AND (NAME OF STREET)(NAME OF STREET) 9t\l2 O P-1 Page 1 of 6 Revised 09/16 • _,4.74-12e'4fr OWNER NAME (Print).-.--- APPLICANT NAME (Print):67 •pijearraMAILING ADDRESS:.;st .2.MAILING ADDRESS:0.4.I 'Er Adto.... CITY, STATE, ZIP:.:"(7:j;c)CITY, STATE ZIP: TELEPHONE;S'"/A"TELEPHONE:(6.4)r10 EMAIL ADDRESS:4 ..14 -A .4)4.1 fij EMAIL ADDRESS:61)yettultl. cern•••• t"f?71 I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOS7 OFTHIS APPLICATION. (-/ °.1:;76:•!:;;;;(---.t k sleNAITuRE 0,YE •SITNATURE DATE APPLICANTS REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 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.JANE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION:PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. 7/./(42'PROPRTYOWNER SIGNATURE FOR CITY USE ONLY RECEIVED FEB 1 4 2017 CITY OF CARLSBAD DATEINVPRPQ6A1W6§WitkiVED RECEIVED BY: AR/ P-1 Page 2 or 6 Revised 09/16 C City of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1 (B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:7\\ke-4Af (140,9p_ APPLICANT NAME:4‘ Cqein 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: c"-1—1?-76,LA k40.4.0ce-1.42_&kk",(21(Tom Cry)(4kAAM ok-4 -174-1 )/ dC,S A vae.c2tia_ kay.a_C-44 T C P-1 (B)Page 1 of 1 Revised 07/10 11)• indemnification and Insurance Requirement for Village Area Administrative Permit - Certification Statement I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge.I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application.I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the Installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees.I have submitted a Certificate of Insurance to the City of Carlsbad In the amount of one million doNars issued by a company which has i a rating in the latest "Best's Rating Guide" of *A-11 or better and a financial size of $504100 (currently class VII) or i better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City.I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy.The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk.This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with subject approyed permit. ;1.';:-101/4" Signature/.,Zelf.i.e.-i-t.'-"e- --1.,(----,.--, with Date..t .rte Certification Statement I Certify that I am the Lecral Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge.I support the applicant's request for a permit to place the subject property on the public sidewalk.I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance 1 with the subject approved permit.j 261/4 /‘,,..„,g.Si natthe /V4- 9iZ.,././"..--;:geL'e-X---7-7 -7 -- --- Date:...////../6 12-1 Page 3 of 6 Revised 09/16 Development Services(City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1636 Faraday Avenue (760) 602-4610 www.carisbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person Is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit" Agents may sign this document however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE.LEGAL names and addresses of Au persons having a financial interest in the application. If the applicant includes a corporation or oartnershio. 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 Corp/Part Title Title Address Address 2.OWNER (Not the owner's agent) Provide the COMPLETE.LEGAL names and addresses of 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 publiciv-owned corporation.include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) PerSOnA;-.)t21.1.47i0 r' //.1.e0 Corp/Part Title Titlet217176hi,tax/ Address sfime.Address D/Ac6-t5 Li / 3Z) P-1(A)Page 1 of 2 Revised 07/10 0 • 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? Yes No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. '4Z41/41,6/'f1f.'IG.76-) soature oVowner/date Signature of applicant/date Nan 6---rhoyyd-6.0 Print or type nary of owner Print or type name of appliprnt Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent PAN Page 2 of 2 Revised 01/10 •• HAZARDOUS WASTE Deveiociment Services(City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610P-1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) I 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 Prot tion Agency and hereby certify that (check one):(The development project and any alternatives proposed in this application are no contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER --)e v 27 -73 .4—)7Xt..5)zr Name:6r.',A ...1._ein,Name: 1;c-it.'4.'ic..fc,-li w(1 t' A.7-.ec_tr.r" Address:In.a C•larpeArY)Aue...Address:1:1763 i I/ Ash" fL.:.;—.6:- .....-5C.) f1/4-4YIY441 17044—CA401c1- .-..544)._...»/A.Ae,c:.) Phone Number:(6-)4))7c-: -gbt-t--)/Phone Number:goS --5.b-if.-I 3 q J Address of Site:"1772 _eiv1/44'k6A0t.14 VOt r (i1464(0(f.A Local Agency (City and County):vl k ‘ Assessor's book, page, and parcel number: Specify list(s): Regulatory Identification Number: Date of List: 7...........____Iii........„____4am___ C.;!,./ CT?Applicant Signature/Date ;Property.Owner Signature/We ' 1 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. Page 1 of 2 Revised 02/13 1 1 4 EIA INFORMATION City of FORM Development Services Planning Division Carlsbad P -1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (Le.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 •Revised 07/10 NISI MN - ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:-- )/k ( \- 7 (To be completed by City) •Application Number(s): General Information 1.Name of project:Nv(e 4*Y tk-44.-ce._. 2.Name of developer or project sponsor:(P7iy 6ev Address: City, State, Zip Code:.A45.7ev_9 Favu._cA q11-7s1- ,Phone Number:CY6 3.Name of person to be contacted concerning this project: Address: City, State, Zip Code: Phone Number: 4.Address of Project:141?77 cArkka .r--).15/70.1"c.e4 Assessor's Parcel Number: 5.List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: t<J 6.Existing General Plan Land Use Designation: 7.Existing zoning district: 8.Existing land use(s): 9.Proposed use of site (Project for which this form is filed): Project Description 10.Site size:t (f70 11.Proposed Building square footage:clax> 12:Number of floors of construction: 13.Amount of off-street parking provided:'Ne4 14.Associated projects: P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes: 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: 171\&.4L&f.te 17.If industrial, indicate type, estimated employment per shift, and loading facilities: 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project:/0A-- 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: /VA-- P-1(D)Page 3 of 4 Revised 07/10 renal Mali ••••1011MMONAMOM Are the following items applicable to the project or its effects?Discuss all items checked yes (attach additional sheets as necessary). Yes No 20.Change in existing features of any bays, tidelands, beaches, or hills, or substantial 0 41° alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 roads. 22.Change in pattern, scale or character of general area of project. 23.Significant amounts of solid waste or litter. 24.Change in dust, ash, smoke, fumes or odors in vicinity. 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or p alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.El 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances, 41"flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). 31.Relationship to a larger project or series of projects.0 Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:I --t For: P-1(D)Page 4 of 4 Revised 07/10 110 1\0l1L 1 Brad Lovelace, Esq./SBN 202911 I et theGoodwin Brown Gross &Lovelace LLP CM*itiffilite CWt 2 4225 Executive Square, Suite 370 La Job, CA 92037 FEB -5 2i3c3 3 (858) 750-3580 (858) 750-3581 fax Filed by:J. Morrison 4 5 Attorneys for Objector, Mary Hamilton 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA, SAN DIEGO COUNTY 9 (CENTRAL DIVISION) 10 11 In re the CASE NO.; 37-2014-00028991-PR-TR-CTL 12 ROA #8 13 GARNER FAMILY TRUST ORDER APPOINTING NANCY dated December 28, 1994.THORNTON AS TEMPORARY TRUSTEE 14 AND SUSPENDING POWERS OF SARAH ANNE MARQUEZ 15 16 17 III 18 /1/ 19 1/1 20 /11 21 //I 22 /// 23 / 24 //I 251/! 26 /1/ 27 / 28 /1/ -1- Order Appointing Temporary Trustee 0090146.3 DOCX • 1 The First Current Account and Report ofSuccessor Trustee filed by Sarah Anne Marquez as 2 Successor Trustee ofthe Gamer Family Trust was heard on January 13, 2015 at 9:00 a.m. in Dept. PC-1 3 of the above-referenced court by Hon. Jeffrey C.Bostwick.Sarah Anne Marquez appeared by and 4 through Susan Stricklin Wilson, Esq., her attorney of record.Mary Hamilton appeared by and through 5 Brad Lovelace, Esq.,of Goodwin Brown Gross & Lovelace LLP, her attorneys of record.No other 6 appearances were made. 7 THE COURT FINDS that due and proper notice ofthe proceedings herein was given, that the 8 relief set forth herein is supported by the facts, by the law, and in equity, and that good cause exists for 9 the relief herein ordered and based thereon 10 IT IS HEREBY ORDERED that Nancy Thornton is appointed Temporary Trustee ofthe Gamer 11 Family Trust with the same authority granted to a successor trustee thereunder to serve with bond in the 12 amount of$1.1 million, effective immediately; 13 IT IS FURTHER ORDERED that the Temporary Trustee shall not investigate nor pursue any 14 claims that the Temporary Trustee might have against any prior trustee or successor trustee ofthe 15 Garner Family Trust; 16 IT IS FURTHER ORDERED that the Temporary Trustee shall not pursue any claims that it 17 might have against any beneficiary of the Gamer Family Trust without a prior court order; 18 IT IS FURTHER ORDERED that the Temporary Trustee shall not participate in any way, shape, 19 or form in any litigation between Sarah Anne Marquez, individually or as former successor trustee, and 20 Mary Hamilton; 21 IT IS FURTHER ORDERED that Sarah Anne Marquez's authority as Successor Trustee of the 22 Garner Family Trust is suspended immediately; 23 1T IS FURTHER ORDERED that Sarah Anne Marquez shall deliver all books, records, and 24 assets of the Gamer Family Trust to Nancy Thornton within 10 days ofthe date ofthis order, including, 25 but not limited to, all Chase, Wells Fargo, and Morgan Stanley statements and checks; and 26 /ii 27 III 28 / // -2- Order Appointing Temporary Trustee 00909063 DOCX .I •"•0 0 4 . IT IS FUR UHER ORDFRID that Sarah Anne Marquez shall tile and sene an accounting, .2 1 covering March 8.2014 through the date she delivered the last of the trust assets tO Nancy '1 hornton .I 3 1 vkithin.60 days of' thc date of this court's order. ,1 4 1 APPR(11VEDAS-TO FORM., ., LAW OFFICE OF SUSAN STRICK I .1N WILSON 6 '--- ? 8 1 Sinsaftsericklin \Wilson. attOrney I r Sarah Anne Marquez <signature by electronic sean> 9 J 0 GOODWIN BROWN GROSS' & LOVELACE LIP 12 Da :/...,,,N../1/...c .... !ted;A 011 Brad I ov dace. attorney for Mary 1.3 I Hitnilton <signature by electronic scan> 14 I 1 i 1 IT (S SO ORDERED. 16 I Dated:A ',!: 1" ...i.•?:-A 1 A i \4 '.1.11\1..24....--.4-.1:, 17 I Jadge.O17the Superitw Court JEFFREY S. BOSTWiCK 18 19 20 • 21 11 • i •-•,3 24 2, -,::,I 71',`'.'i;..'!q%. - :.:e.•., '''''Za—Pi d twiSZVOir""26 I 0 Ms in ant albstkproortoot '\;,. %.-'f.P•oqrs by :1:i Vr.- •. 28 i I `44itir:S/trsi'i• . Depuiy -#'-''A'''6., _.. v. Lin -,••••*••••.••••••••••••,....r."1.4.4.•'..1(du ANV IA ittis:Irmitiorar!. Trustee 11 i Sow 0 0 Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521-3608 Issuing Policies of Chicago Title Insurance Company ORDER NO.:00067588-993-SD2-CFU Escrow/Customer Phone:(619) 521-3500 Qing Geng Title Officer:Ken Cyr & Mark Franklin241 E Emerson Ave.Title Officer Phone:(619) 521-3673Monterey Park, CA 91755 Title Officer Fax:(619) 521-3608ATTN:Title Officer Email:TeamCyrFranklin@ctt.comEmail: Ref:Carlsbad Blvd. PROPERTY:2939-2973 CARLSBAD BLVD., CARLSBAD, CA PRELIMINARY REPORT In response to the applicationfor a policy oftitle insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as ofthe date hereof a policy or policies oftitle insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason ofany defect,lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and. Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies ofTitle Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor certain coverages are also setforth in Attachment One.Copies ofthe policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.Ifit is desired that liability be assumedprior to the issuance ofa policy of title insurance, a Binder or Commitment should be requested The policy(s)of title insurance to be issued hereunder will be policy(s)of Chicago Title Insurance Company,a Nebraska Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe 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 oftitle and may not list all liens, defects and encumbrances affecting title to the land Chicago Title Company By: '-''N.,.•;AttestiI: . Randy Ow*PMI'S* flt .0°(/"...Authorized Signature '' Michael Greveee Secretary CLTA Preliminary Report Form —Modified (11/17/06)Page 1 _...._..... ..I—........ 0 Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone:(619) 521-3500 •Fax:(619) 521-3608 PRELIMINARY REPORT EFFECTIVE DATE:February 1, 2017 at 7:30 a.m. ORDER NO.:00067588-993-SD2-CFU The form ofpolicy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s)1 Easement(s) more fully described below as to Parcel(s) 1A and 1B 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: NANCY F. THORNTON, Trustee, Garner Family Trust dated December 28,1994 —Trust B 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 2 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: ALL THAT PORTION OF BLOCK 12 OF THE TOWN OF CARLSBAD,IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 12; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID BLOCK 12,A DISTANCE OF 125.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG A LINE PARALLEL WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID BLOCK 12 A DISTANCE OF 100 FEET; THENCE NORTHWESTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF SAID BLOCK 12,A DISTANCE OF 25.00 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID BLOCK 12, A DISTANCE OF 50.00 FEET TO THE NORTHEASTERLY LINE OF THE SOUTHWESTERLY HALF OF SAID BLOCK 12; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO THE MOST EASTERLY CORNER OF THE NORTHWESTERLY 50.00 FEET OF THE SOUTHEASTERLY HALF OF THE NORTHWESTERLY 200.00 FEET OF SAID SOUTHWESTERLY HALF OF BLOCK 12; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID NORTHWESTERLY 50.00 FEET TO THE SOUTHWESTERLY LINE OF SAID BLOCK 12; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF GARFIELD STREET TO A POINT IN SAID NORTHEASTERLY LINE DISTANT 100.00 FEET NORTHWESTERLY FROM THE MOST SOUTHERLY CORNER OF SAID BLOCK, BEING THE NORTHWESTERLY LINE OF TRACT 95 OF CARLSBAD LANDS, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTHEASTERLY ALONG SAI NORTHWESTERLY LINE TO THE NORTHEASTERLY LINE OF SAID BLOCK 12; THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE TO THE TRUE POINT OF BEGINNING. PARCEL 1A: A RIGHT OF WAY 5.00 FEET IN WIDTH FOR THE CONSTRUCTION AND MAINTENANCE OF PRIVATE SEWER AND WATER LINES OVER,UNDER,ALONG AND ACROSS THE NORTHEASTERLY 5.00 FEET OF THE SOUTHWESTERLY 22 Y2 FEET OF TRACT 95 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.1661,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1,1915. PARCEL 1B: CLTA Preliminary Report Form —Modified (11/17/06)Page 3 softie PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXHIBIT A (Continued) AN EASEMENT FOR SEWER LINE PURPOSES OVER, UNDER, ALONG AND ACROSS THE NORTHEASTERLY 3.00 FEET OF THAT PORTION OF BLOCK 12 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 535,FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 12; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY LINE OF SAID BLOCK 12,A DISTANCE OF 100.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE PARALLEL WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID BLOCK 12 A DISTANCE OF 100.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE 50.00 FEET; THENCE NORTHWESTERLY PARALLEL WITH SAID NORTHEASTERLY BOUNDARY LINE 100.00 FEET TO A POINT ON SAID NORTHWESTERLY BOUNDARY LINE; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY BOUNDARY LINE 50.00 FEET; THENCE SOUTHEASTERLY PARALLEL WITH SAID NORTHEASTERLY BOUNDARY LINE 100.00 FEET TO THE TRUE POINT OF BEGINNING. APN(s): 203-232-03; 203-232-04; 203-232-05; 203-232-13 CLTA Preliminary Report Form —Modified (11/17/06)Page 4 ‘*.risd PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B.The lien of supplemental or escaped assessments of property taxes,if any,made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively,of the Revenue and Taxation Code ofthe State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date ofPolicy. 1.Water rights, claims or title to water, whether or not disclosed by the public records. 2.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map:Record of Survey Map No. 1342 3.The effect of a party wall agreement between Charles H. Garrer,a married man, partly of first party and C. D. McClellen and Dolores H. McClellan, husband and wife, partly of second part, recorded February 4, 1949 in Book 3103, Page 1 of Official Records, therein party of the second part is given the right to use 26 feet of the wall now existing on property of said party of the first part along the Southeasterly line of the property of the second party. Said agreement provides, that "parties hereto agree that boundary line between property owned by parties to this agreement, shall be and from this day forward be in accord with boundary as set forth in Record of Survey Map No. 1342,first party hereby grants to second parties, all ofhis right, title and/or interest in and to such portion of above described real property as may lie to North of said common boundary line; second parties hereby grant to first party as his sole and separate property all of their right, title and/or interest in and to such portion above described real property as may lie to the South of said common boundary line." Note:Said Record of Survey Map No. 1342 conforms with the records as to said boundary line. 4.Easement(s)for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by:Nathaniel J.Beggs, et ux. Purpose:Private utility lines Recording Date:September 12, 1947 Recording No:94575 of Official Records Affects:A portion of said land as more particularly described in said document. 5.Matters contained in that certain document Entitled:Grant of License to Maintain Wall Executed by:Ventures Three, a partnership and Charles H. and Sarah M. Gamer Recording Date:March 14,1979 Recording No:79-197317 of Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modified (11/17/06)Page 5 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXCEPTIONS (Continued) 6.A deed oftrust to secure an indebtedness in the amount shown below, Amount:$500,000.00 Dated:December 3, 2015 Trustor/Grantor Nancy F. Thornton, Trustee, Garner Family Trust dated December 28, 1994 —Trust B Trustee:UPF Washington Incorporated Beneficiary:Banner Bank Loan No.:990016071 Recording Date:January 12, 2016 Recording No:2016-0013634 of Official Records 7.An assignment of all the moneys due, or to become due as rental,as additional security for the obligations secured by deed oftrust shown Recording Date:January 12, 2016 Recording No:2016-0013634 of Official Records Assigned to:Banner Bank By:Assignment ofRents Recording Date:January 12, 2016 Recording No:2016-0013635 of Official Records 8.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attomment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:KO, L.L.C. dba Knockout Pizza Recording Date:February 5, 2016 Recording No:2016-0053376 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. 9.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attormnent Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Zacatitos, Inc. Recording Date:February 5, 2016 Recording No:2016-0053377 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. CLTA Preliminary Report Form —Modified (11/17/06)Page 6 *gaud PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXCEPTIONS (Continued) 10.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Tiss Sweet, LLC Recording Date:February 5, 2016 Recording No:2016-0053378 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. 11.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Rita D. Famulare Recording Date:February 5, 2016 Recording No:2016-0053379 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. 12.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Yorba Linda Realty and Investments, Inc. dba ERA Ranch and Sea Realty Recording Date:February 5, 2016 Recording No:2016-0053380 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. 13.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Gamer Family Trust Lessee:Sarah Marquez Recording Date:February 5, 2016 Recording No:2016-0053381 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. CLTA Preliminary Report Form —Modified (11/17/06)Page 7 Aims ‘1610 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXCEPTIONS (Continued) 14.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Adam Pattison and Kathy Pattison Recording Date:February 5, 2016 Recording No:2016-0053382 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest ofthe lessee are not shown herein. 15.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Cindy DePace dba Cindy's Swimwear Recording Date:February 5, 2016 Recording No:2016-0053383 of Official Records The present ownership ofthe leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 16.An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled:Subordination, Non-Disturbance and Attornment Agreement and Estoppel Certificate Lessor:The Garner Family Trust Lessee:Sara Reyna dba Sara's Hair Styles Recording Date:February 5, 2016 Recording No:2016-0053384 of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 17.Any right, interest or claim that may exist, arise or be asserted against the Title under or pursuant to the Perishable Agricultural Commodities Act of 1930, as amended, 7 USC 499a et seq., the Packers and Stockyard Act of 1921, as amended, 7 USC 181 et seq., or any similar state laws. 18.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry ofthe parties in possession thereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 8 `4%eritOt PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU EXCEPTIONS (Continued) 19.Any rights of the parties in possession of a portion of, or all of,said Land, which rights are not disclosed by the public records. The Company will require,for review,a full and complete copy of any unrecorded agreement,contract,license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form —Modified (11/17/06)Page 9 .„ PRELIMINARY REPORT '4*S Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU REQUIREMENTS SECTION 1.The Company will require either (a)a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b)a Certification, pursuant to California Probate Code Section 18100.5,executed by all of the current trustee(s)of the hereinafter named trust,a form ofwhich is attached. Name of Trust:Garner Family Trust dated December 28, 1994 —Trust B END OF REQUIREMENTS CLTA Preliminary Report Form —Modified (11/17/06)Page 10 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU INFORMATIONAL NOTES SECTION 1.Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:202-232-03-00 Fiscal Year:2016-2017 1st Installment:$304.62 paid 2nd Installment:$304.62 paid Exemption:None Code Area:09098 Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:203-232-04-00 Fiscal Year:2016-2017 1st Installment:$1,402.61 paid 2nd Installment:$1,402.61 paid Exemption:None Code Area:09098 Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:203-232-05-00 Fiscal Year:2016-2017 1st Installment:$307.01 paid 2nd Installment:$307.01 paid Exemption:None Code Area:09098 Note:Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:203-232-13-00 Fiscal Year:2016-2017 1st Installment:$449.04 paid 2nd Installment:$449.04 paid Exemption:None Code Area:09098 2.None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 2939-2973 Carlsbad Blvd., located within the city of Carlsbad, California,,to an Extended Coverage Loan Policy. 4.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach ofa policy provision or other obligation.Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. CLTA Preliminary Report Form —Modified (11/17/06)Page 11 'Soar/PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE:Carlsbad Blvd.ORDER NO.:00067588-993-SD2-CFU INFORMATIONAL NOTES (Continued) END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/gp CLTA Preliminary Report Form—Modified (11/17/06)Page 12 0 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect,use,and protect your information and explains the choices you have regarding that information.A summary of our privacy practices is below.We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information,information directly from you from applications, forms, or social security number (SSN),driver's license,other communications we receive from you,or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser,products or services to you. We may also collect browsing computer and/or mobile device.information from your Internet browser, computer, mobile device or similar equipment. 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The California Online Privacy Protection Act.Certain International Use.By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer, processing and storage of such loan servicers.The mortgage loan servicer is responsible information outside your country of residence,as well as for taking action or making changes to any consumer the fact that we will handle such information consistent information submitted through those websites.with this Privacy Notice. Your Consent To This Privacy Notice.By submitting Contact FNF.If you have questions or wish to contact us information to us and using our websites, you are accepting regarding this Privacy Notice,please use the contact and agreeing to the terms of this Privacy Notice.information provided at the end of this Privacy Notice. FNF Privacy Notice Effective:April 1,2016 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. 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The Website is meant for adults. The Website is not intended or designed to attract children under the age ofthirteen (13). We do Access and Correction not collect Personal Information from any person that we know To access your Personal Information in the possession of FNF to be under the age of thirteen (13) without permission from a and correct any inaccuracies,please contact us by email at parent or guardian.privacy@fnf.com or by mail at: Privacy Outside the Website Fidelity National Financial, Inc. The Website may contain links to other websites, including links 601 Riverside Avenue to websites of third party service providers.FNF is not and Jacksonville, Florida 32204 cannot be responsible for the privacy practices or the content of Attn: Chief Privacy Officer any ofthose other websites.Your Consent To This Privacy Notice International Users By submitting Personal Information and/or Browsing Because FNF's headquarters is located in the United States, we Information to FNF, you consent to the collection and use of may transfer your Personal Information and/or Browsing information by FNF in compliance with this Privacy Notice. 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Fidelity National Financial, Inc. such as the Customer CareNet ("CCN"), FNF is acting as a third All Rights Reserved. party service provider to a mortgage loan servicer.In those EFFECTIVE AS OF APRIL 1,2016 FNF Privacy Notice Effective:April 1,2016 ess" Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate.As such,your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more ofthe below discounts with a Company representative. These discounts are generally described below;consult the rate manual for a full description of the terms,conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies.This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date ofthe report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government ofthe United States or the State of California on any land located in said area,which was partially or totally destroyed in the disaster,will be 50%of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope ofthe normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%ofthe appropriate title insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be 40% to 50%of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement)of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing,sale or purchase of the employees'bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom,as a party to the transaction. CA Discount Notice Effective Date:1-10-2010 • ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating,prohibiting or relating (i) the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien,or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPolicy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights ofeminent domain unless notice ofthe exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date ofPolicy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date ofPolicy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability ofthe lien of the insured mortgage because ofthe inability or failure ofthe insured at Date of Policy, or the inability or failure ofany subsequent owner ofthe indebtedness, to comply with the applicable doing business laws ofthe state in which the land is situated. 5.Invalidity or unenforceability ofthe lien ofthe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out ofthe transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest ofthe insured lender, by reason ofthe operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records ofsuch agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c)are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE 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 ofthose portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure ofYour existing structures, or any part ofthem, 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; Attachment One (6-5-14) CA & NV 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 aright: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy,state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16,18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 16:$2,500.00 (whichever is less)$ 10,000.00 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 18:$5,000.00 (whichever is less)$25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 19:$5,000.00 (whichever is less)$25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 21:$2,500.00 (whichever is less)$ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe 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 ofthe operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe 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)ofthis policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date ofPolicy and the date ofrecording ofthe Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part H,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV 411.4.\ 44wo (PART I (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: 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 ofthe Land or that may be asserted by persons in possession ofthe 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 ofthe 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. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien ofthe Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis 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 ofthe Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Title. 4.Any claim, by reason ofthe 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 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording ofthe deed or other instrument oftransfer 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: (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: 1.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection ofthe Land or that may be asserted by persons in possession ofthe 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 ofthe Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.(Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV %gel ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law,ordinance,permit,or governmental regulation (including those relating to building and zoning)restricting,regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d),14 or 16. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5,6,13(c), 13(d), 14 or 16. 2.Rights ofeminent 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 ofPolicy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (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 ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises out ofthe 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 ofthe lien ofthe Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before,on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe 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)ofthis policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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