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Home My WebLink AboutSDP 12-05; FAITH COMMUNITY CHURCH; Site Development Plan (SDP)1,~ '~ CITY Of CARLSBAD LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits D Administrative Permit D Coastal Development Permit(*) D Minor D Conditional Use Permit(*) D Minor D Extension D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Planned Development Permit D Residential D Non-Residential D Planned Industrial Permit D Planning Commission Determination ~ Site Development Plan D Special Use Permit D Tentative Tract Map/Parcel Map D Variance D Administrative (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 601° l~•O 5 D General Plan Amendment D Local Coastal Program Amendment (") D Master Plan D Amendment D Specific Plan D Amendment D Zone Change(*) 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 O Major (*) = eligible for 25% discount 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}.: 222-600-01-00 ----------------------------------PROJECT NAME: FAITH COMMUNITY CHURCH BY THE SEA BRIEF DESCRIPTION OF PROJECT: NEW 2-STORY CHURCH BRIEF LEGAL DESCRIPTION: LOT 103 OF CARLSBAD TRACT NO. 93-04 RANCHO CARRILLO VILLAGE "Q", IN THE CITY OF CARLSBAD LOCATION OF PROJECT: EL FUERTE STREET STREET ADDRESS ON THE: EAST SIDE OF EL FUERTE STREET (NORTH, SOUTH, EAST, WEST) (NAME OF STREET) BElWEEN RANCHO PANCHO (CORNER) AND POINSETTIA LANE (NAME OF STREET) {NAME OF STREET) P-1 Page 1 of 6 Revised 11/12 ___ ......__ __ -••---~--_ ... _~ .....,. _____ "' __ ..,.. ________ _,... _"'.__....,._, _____ ., :• . : OWNeruw,,~-Pi'Jnt)i . . iil....,.~:&w.1i1_1~1.~-,~\.t<1_·. i: -.;i_· ·r:."1!•· -;:: -w· :.~·11,·c-· :iiiiii1 , : M'All:l~Q.•AQ.ll».le'.SSl ~-.~:i· · !;.;' _·_,,l}:~:.i:' ...... I ... ~ ... $1. 1 .. l ,.~ .. i ... iii. ~ -~~~ ; .: ~ : •. , :-~ . :.-' : Cf,'t,V,.:SY'Aff°\ -I .I~: .. .. ·:; ·._ ~ : ~· · . • : ~ ... ~ill" J.11g•--~~~- U1.&1ile.tilet m~~~; · iMAlt.~QOAti88i -~~ MAtl:ING~FteS8~ -~""'-~~ Cm'~ STJ.ifS,.21~: Tel.EPl-:l0N5! r .15M'All:.AD0~8$~ - .. : ..... "' .... , .. .:.. .. -~·: .. ·. ~ ~. -. ::, .. RECEIVED DEC 1 3 20\2 CITY OF CARLSBAD . ·-. _N. ., ... _, __________ , ___________ ---------- City of Carlsbad Development Services Plannin·g Djvision 1635 Faraday Avenue Carlsbad, CA 92008-7314 .. December 12, 2012 RE: Faith Community Church Permit For Parcel #-222-600-01 Dear City, - In regard to the process for the permit referen<;ed above, this· letter is to confirm that Petra Jordan will be working on . + • • the church's behalf as our "Applicant Agent". Please feel free to contact us with any questions or concerns. Faith Community Church . ~~~~ ~Q_ Dr .. Douglas Baker,_ Senior Pastor-· P.O. Box 231460. Encinitas, CA 92024 · (760) 436-4479 Fax (760) 436-7749 P.O. Box 1006, Del Mar, C~ 92014 858 350-4950 · Fax 858 350-4959 «,~, ~ CITY OF CARLSBAD PROJECT DESCRIPTION P-1 (8) PROJECT NAME: FAITH COMMUNITY CHURCH BY THE SEA Development Services Planning Division 1635 Faraday Avenue (760) 602•4610 www.carlsbadca.gov APPLICANT NAME: KENNETH D. SMITH ARCHITECT & ASSOCIATES, INC. 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: This project is a church with an ultimate seating capacity of 500 and a day care facility. All facilitate will be contained in a single building which will be built in two phases. The first phase building will be two stories high. There will be 12,570 square feet on the first floor and 6,449 square feet on the second floor. In the second phase there will be a one story addition of 9,170 square feet and there will be 6,118 square feet of second floor space added to the first phase portion of the building. This will bring the building to a tota I or 34,308 square feet. Except for a few walkways and the phase two building all of the exterior improvements will be done in the first phase. P-1(8) Page 1 of 1 Revised 07/10 ~if ,..... "G. I :r y O'-F C. • .. ~L'ffl.A,o. Mnt ~n ·- Httrtee!lree• .. , . .-•.· •··-.:·· ,-.. , P.1(0) ----~----·· ---------- 3. 4. lia\11t. -vou· h.ad ~®l-tHaa: ~-~ «~IJ&tM-'.~ ~ iilfj' ,.,.~~f of~ staff, ~arrr.~ ¢~1'tJ•lfQ~ fJ~-IJJf/R.r Q'Q-wlttw:l tb.4 Rif fw.eb ~i · mgi,fhs7 . • Yta . lm t;rc If~~,; 9"eat•HndfQitt;pelleli(•lc.,~ _____ , ...... ---• -, -- ;" ,'· ·~·.' . . •p: . ' . ' -~ II Jlt11· ~-. --l.1. _( «~> ~ CITY OF CARLSBAD TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760} 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific regyirement or whether all requirements are necessary for your particular application) please ::(7~2-4810. Applicant Signature: ->-+-~ Staff Signature: ~ ~ Date: 12--Is-12- To be stapled with receipt to the application P-1{E) Page 1 of 1 Revised 07/10 ,,,.. . ,., ----~-------~---/ ------.. •-·. ~-- ~·-------------------------------------.~, ,. °"P CITY OF DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 163S Faraday Avenue (760) 602,4610 www.i:arlsbadca.gov CARLSBAD Applicant's statement or disclosure of certain-ownership interests on all applications which will i:eq_uire d/scretlonai)i action on the part of the City Council or any appointed Board, Commission or Committee. The followi119 lnformatlori MOST be disclosed at the time of appUcatlon submittal. Your project cannot be reviewed until this informatloA ls completed. Please print. Note:· Person Is defined as ·Any lo.dlvldualt.firm, co-partnership, joint venture, association, soc;.!al club, fratamal orgcii'lizatlon, corporation, .~tata, trO~. ~Iver, syndicate; .in this and any ether county, city and county, city munlclp~lty, dlstrl~ or other political subdivision or any othel'"group or combination acting· as a unit. q Agents may sign this document; however, the legal name and entity of the appllcant 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. JF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARE·s; PLEASE JNDICATE NON-APPLICABLE (NIA) 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 2't1ltj 84.kcr-. Corp/Part 6; ,ft, el)h1114llJ1dy d4t11't''1 Title :Sirri I/JV As. kv-Title__,_A'M--..._._ ________ _ Addre&s b8l) A/Ol'Jfi1t:i~d'f fltl, k""Address. _________ _ /::5,?t:./u 1~$, (',1· t!JZ.02,tf OWl'.,IER {Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest In the property Involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation. or partnership. inclu.de the names, titles, addresses of all lndividuals owning more .than 10% of the shares. IF NO INDIVIDUALS OWN .MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, inciude the names, titles, and addresses of th_e corporate officers. (A separa~e page may be attached if necessary.) Person ti IA Corp/Part f?Jo111a.J/ Korean Ck,,,a"c.'1 Title__________ Title l1ffe1-tnVfi'/-. 2-4-5 ~l t;,,,tt,r,, M.,,/1t.. ;:'e. /1.4 · Address__________ Address :50,.., /41fit't,~:!,. fA 'tUt? Page 1 of2 Revised 07/10 ( ·~-·~--... --'-'"'•--.-.:.~----.,I...---·-'"'-.....,._._. ... ~ ... ~_,._,_-•-....--... -·--~~-----· .... ---,-.-~---· .. 3. 4. t-\fA: I . • S]g~JWfe•.of:ownmta~U®lf.f•;g•it~JiP.~ Prts,i//;. ·~JJ.ne!cf.ow~'iri~•p1f¢jrif:.f·•$ffllt ' · ---··--···· --•·"··-·-----···-·------·-·-----··-···---. ......... --------------· ...... ----------··--------- Site Photos for Faith Community Church By The Sea Carlsbad, California SITE PHOTO KEY MAP PHOTO 1 PHOTO 2 PHOTO 3 PHOTO 4 PHOTO 5 PHOTO 6 PHOTO 7 PHOTO 8 PHOTO 9 PHOTO 10 PHOTO 11 PHOTO 12 PHOTO 13 .;, r I ,.. ,...-,.,,. i -·..-' Chicago Title Company Commercial/Industrial Division, 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Zona Weekley Email: Zona.Weekley@ctt.com Phone: (619) 521-3492 Fax: (619) 521-3691 Order No.: 12210169-U21 Escrow Department: Chicago Title Company Attn: Renee Marshall Email: renee.marshall@ctt.com Phone: (619) 233-3000 Fax: ( 619) 230-6368 Escrow No.: 12210169-004-RMI PRELIMINARY REPORT Property Address: El Fuerte St. Carlsbad, Ca. APN-222-600-01 Dated as of: August 2, 2012 at 7:30 am In response to the application for a policy of title insurance referenced herein, Chicago 'Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said Policy forms. The printed Exceptions and Exclusion from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which 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. If it is desired; that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report care/ ully. 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 care/ ully 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. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY CLT A Preliminary Report Fonn -Modified ( 11-1 7-06) Page 1 , . .,I Order No.: 12210169-U21 SCHEDULE A I. The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee 2. Title to said estate or interest at the date hereof is vested in: Palomar Korean Church, a California non-profit corporation 3. The land referred to in this report is situated in the State of California, County of San Diego and is described in the Legal Description, attached hereto: END OF SCHEDULE A CLTA Preliminary Report Form -Modified (11-17-06) Page2 r ,. LEGAL DESCRIPTION ,.../ Order No.: 12210169-U21 LOT 103, OF CARLSBAD TRACT NO. 93-04 RANCHO CARRILLO VILLAGE "Q", IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13551, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 31, 1998. APN: 222-600-01-00 END OF LEGAL DESCRIPTION CLTA Preliminary Report Fonn -Modified (11-17-06) Page 3 ·..) Order No.: 12210l69-U2l SCHEDULEB At the date hereof, items to be considered and exceptions to coverage m addition to the printed Exceptions and Exclusions in said policy form would be as follows: I. Property taxes, including any assessments collected with taxes, for the fiscal year 2012 -2013 that are a lien not yet due. · 2. Property taxes, including any assessments collected with taxes, for the fiscal year 2011 -2012 1 't Installment: Penalty: 2"d Installment: Penalty and Cost: Homeowners Exemption: Code Area: Assessors Parcel Number: $10,439.38 $1,043.93 (Due after December JO) $10,439.38 $1,053.93 (Due after April 10) $none 09169 222-600-01 3. Said property has been declared tax-defaulted for non-payment of delinquent taxes for fiscal year 20 IO -2011 (and subsequent years, if any) Amount To Redeem: If Paid By: Amount To Redeem: If Paid By: $65,941.78 August 31, 2012 $66,717.92 September 30, 2012 4. An assessment by the improvement district shown below 5. 6. 7. Series: District: For: Bond Issued: 96-1 Carlsbad Rancho Carrillo 96-1 September 3, 1998 Said assessment is collected with County/City property taxes. The lien of supplemental taxes, if any, assessed pursuant to the prov1s1ons of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Public Facilities Fee" recorded August 5, 1991 as Instrument No. 91-0390280 of Official Records. The terms and provisions contained in the document entitled "Agreement between Developer Owner and the City of Carlsbad for the Payment of a Public Facilities Fee for Inside the Boundaries of Community Facilities District No. 1" recorded April 14, 1993 as Instrument No. 93-228560 of Official Records. CLTA Preliminary Report Form -Modified (11-17-06) Page4 ,.... .. .., '· SCHEDULEB ( continued) ~-I Order No.: 12210169-U21 8. The terms and provisions contained in the document entitled "Agreement Regarding Payment of a Pnblic Facilities Fee for Inside the Boundaries of Community Facilities District No. l" recorded February 27, 1997 as Instrument No. 1997-087390 of Official Records. 9. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial'status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: May 30, 1997 as Instrument No. 1997-0253117 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deecl to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. 10. Covenants, conditions and restrictions ("but omitting, except to the extent that said covenant or restriction is controlled or permitted by any applicable federal or state law, any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, medical condition, national origin, source of income, or ancestry" as set forth in the document Recorded: May 30, 1997 as Instrument No. 1997-0253198 of Official Records Note: Section 12956.1 of the government code provides the following: "If this document contains any restriction based on race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status." ·· Note: If you should request a copy of the document referred to above, California Law requires that a county recorder, title insurance company, escrow company, real Estate broker, real Estate agent, or association that provides a copy of a declaration, governing document, or deed to any person shall place a cover Page over, or stamp on the first Page of the previously recorded document or documents a statement, in at least 14-point boldface type, relating to unlawful restrictions. CLTA Preliminary Report Form -Modified (11-17-06) . ' Page 5 SCHEDULER ( continued) .. •· J Order No.: 12210169-UZI 11. The terms and provisions contained in the document entitled "Rancho Carrillo Parks Agreement" recorded June 2, 1997 as Instrument No. 1997-0254867 of Official Records. · 12. The terms and provisions contained in the document entitled "Recreational Vehicle Storage Facility" recorded June 20, 1997 as Instrument No. 1997-0287913 of Official Records. 13. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a corporation public utilities, ingress, egress December 31, 1997 as Instrument No. I 997-0670496 of Official Records The exact location and extent of said easement is not disclosed of record 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: San Diego Gas and Electric Company, a corporation public utilities, ingress, egress /,·~ January 13, 1998 as Instrument No. 1998-016058 of Official Records The exact location and extent of said easement is not disclosed of record 15. The terms and provisions contained in the document entitled "Agreement Regarding Affordable Housing Imposing Restriction on Real Property" recorded March 25, I 998 as Instrument No. 1998-162920 of Official Records. A first Amended and Restated Affordable Housing Agreement Imposing Restriction on Real Property, recorded December 21, 1999 as Instrument No. 1999-0824043 of Official Records. A second amendment to the above agreement recorded January 20, 2000 as Instrument No. 2000- 030 I 08 of Official Records. I 6. An offer and the rejection of said offer subject to the prov1s10ns of Section 664 77 .2 of the Government Code of the State of California for the dedication of those portions of Lot I 03 reserved for future street, as shown on the Map of said Tract, which provides that a rejected offer of dedication shall remain open and subject to future acceptance by the city of Carlsbad. 17. Abutter's rights of ingress and egress to or from el fuerte have been dedicated or relinquished on the filed Map. 18. An easement for the purpose shown below and rights incidental thereto as shown or as offered for dedication on the recorded Map shown below. Map No.: Easement Purpose: 13551 sight distance corridor as delineated on Map No. 13551, subject to any terms and conditions contained therein CLTA Preliminary Report Form -Modified (11-17-06) Page 6 Affects: Affect Lot I 03 SCHEDULER ( continued) as shown on said map ' , . .) Order No.: 12210169-U21 19. A community facility Lot as delineated and designated on Map No. 13551, subject to any terms and conditions contained therein. Affects Lot I 03 20. An easement for the purpose shown below and rights incidental thereto as set forth ina document. Granted To: Purpose: Recorded: Affects: City of Carlsbad, a municipal corporation public access and incidental purposes May 29, 2000 as Instrument No. 2000-158239 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 21. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Affects: Bressi Gardenlane, LLC, a Delaware limited liability company construction and access easement and incidental purposes April 16, 2003 as Instrument No. 2003-0440352 of Official Records The route thereof affects a portion of said land and is more fully described in said document. 22. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 24, 2008 as Instrument No. 2008-0605597 of Official Records. 23. Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said land that is satisfactory to this Company, and/or by inquiry of the parties in possession thereof. This office must be notified at least 7 business days prior to the scheduled closing in order to arrange for an inspection of the land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 24. Any rights of parties in possession of said land, based on any unrecorded lease, or leases. This Company will require a full copy of any unrecorded lease, together with all supplements, assignments, and amendments for review. END OF SCHEDULE B CLTA Preliminary Report Form -Modified (l 1-17-06) Page 7 .... 1 Order No.: 12210169-U21 INFORMATIONAL NOTES Note No. 1: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. Note No. 2: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note No. 3: This Company will require the following documents in order to insure a conveyance or encumbrance by the corporation named below. Corporation: Palomar Korean Church, A California Nonprofit Corporation. (A) A Copy of the corporation by-laws or articles. (B) An original or certified copy of the resolution authorizing the subject transaction, together with a certificate of compliance pursuant to Section 5912 or 7912 Corporations Code. (C) If the articles or by-laws require approval by a "parent" organization, we will also require a copy of those by-laws or articles. Note No. 4: This Company will require the following documents in order to insure a conveyance or encumbrance by the corporation named below. Corporation: Faith Community Church By-The-Sea (Buyer), A California Nonprofit Corporation. (A) A Copy of the corporation by-laws or articles. (B) An original or certified copy of the resolution authorizing the subject transaction, together with a certificate of compliance pursuant to Section 5912 or 7912 Corporations Code. , (C) If the articles or by-laws require approval by a "parent" organization, we will also require a copy of those by-laws or articles. Note No. 5: Plotted easements MLM. CLTA Preliminary Report Form -Modified (11-17-06) Page 8 Effective Date: 5/1/2008 Fidelity National Financial, Inc Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNFs privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it m8y be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information and income information; • Information we receive from you through our Internet websites, such as your name, address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or seivices peliormed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transactions, account balances, and credit card information: and · • Information we receive from consumer or other reporting agencies and publicly recorded. Disclosure of Personal lnfonnation We may provide your Personal Information (excluding information we receive from our consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with seivices you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connections with an insurance transactions; • To third-party contractors or seivice providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with seivices you have requested; • To an insurance regulatory, or law enforcement or other governmental authority, in a civil action, in connection with:.a subpoena or a governmental investigation: • To companies that perform marketing seivices on our behalf or to other financial institutions with which we have had joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Disclosure to Affiliated Companies -We are permitted by law to share your name, address and facts about your transaciion with other FNF companies, such as insurance companies, agents, and other real estate seivice providers to provide you with seivices you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otheiwise permitted by law. Disclosure to Nonaffiliated Third Parties -We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlines herein or as otherwise permitted by law. Confidentiallty and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or seivices to you. We maintain physical , electronic, and procedural safeguards that comply with federal regulation to guard Personal I.nformation. (' Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy iS to maintain customers' Personal lnfomiaUon for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Privacy Statement (0Sw0I-08) ATTACHMENT ONE ""' I AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1.87) EXCLUSIONS In addition to the Exceptions in Schedule 8, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking In addition to the ~xclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resultmg from: I. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2 Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. 3. 4. 5. 3. 4. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date.unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 ofCoveredTitle Risks Failure to pay value for your title. ' Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A o, • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Pohcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleJ!:ed violation affecting the land has been recorded in the public records at Date of Pohcy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records al 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 ofa purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the J?Ublic records at Date of Policy, but created, suffered, assumed or agreed to by the msured 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; (ol resulting in no loss or damage to the insured claimant; (d attaching or created subsequent to Date of Policy; or (e resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortga_ge because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insw-ed the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: L 2. 3. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a _public agency which may result in taxes or assessments, or notices of such proceedmgs, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection ofthe land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. PART I 4. 5. 6. 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 f?Ublic records. {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. Any lien or right to a lien for services, labor or material not shown by the Public Records. FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10•17•92) WITH A.L.T.A. ENDORSEMENT.FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Pohcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a nohce of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleJ!:ed violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; Attachment One (07•26·10) Page 10 4. 5. 6. 7. (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for anil commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rif'hts laws, that is based on: (i) the transaction creating the mterest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or -\.. . ATTACHMENT ONE (CONTINUED) (ii) the subordination of the interest of the insured mortgagee as a result of the av.plication of the doctrine of equitable subordination; or (1i1) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 2. J. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Anr facts, rights, interests or claims which are not shown by the public records but which c'?uld be as9ertained by an inspection of the land or which may be asserted by persons m possess10n thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. 5. 6. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would discl'ose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authonzing 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. Any lien or right to a lien for services, labor or material not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (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 f>olicy, 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; 4. 5. 6. 7. (c) resulting in no loss or damage to the lnsure4 Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under C\ivered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Cfaimant had J.>aid value for the Insured Mortgage. Unenforceabihty of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable domg-business laws of the state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien ofthe 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 Jaw. 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. Any lien on the Title for real estate taxes or as'SCSsments 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 l l(b). The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. ln 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: I. 2. 3. (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. 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 ofthe Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. 5. 6. 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 Record!) (a) Unpatented mining claims; (b) reservations ·or exceptions in patents or in Acts authonzing the issuance thereof; (c) water rig~; claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Any lien or right to a lien for services, labor or material not shown by the Public Records. FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The followin/1 matters are expressly excluded from the coverage of this policy and the Company wi not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law. ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use. or enjoyment of the land; (ii) the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Pohcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleied violation affecting the land has been recorded in the public records at Date of Pohcy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without knowledge. J. 4. 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; <·; ['l resulting in no loss or damage to the insll.ted ·claimant; d attaching or created subsequent to Date of Policy, or e resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this J?Olicy. Any claim, which arises out of the transaction vesting in the msured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that 1s based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest msured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a Judgement or lien creditor. ·.·, . . The above policy form 1f!3Y be issued to affo~d either Standard Coverag~ or E~tended_ Coverage. . __ r., . In add1t1on to the above Exclusions from Coverage, the Exceptions from Coverage m a Standard Coverage policy will also mclude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against Joss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. 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, Attachment One (07•26-10) Page 11 or notices of such proceedings, whether or not shown by the records of such agency or by the public records ATTACHMENT ONE (CONTINUED) , -,·· 2. 3. 4 Any facts, rights, interests or claims which are not shown by the public records but which c~uld be as'?ertained by an inspection of the land or which may be asserted by persons m possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct smvey would disclose, and which are not shown by the public records. ,. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authonzing 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. Any lien or right to a lien for services, labor or material not shown by the Public Records. 2006 AMERICAN LAND TITLE ASSOCIATION 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: I. (a) Any law, ordinance, permit, or governmental regulation (including those reiati~g to building and zoning) res~ricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enJoyment of the Land; (it) the character, dimensions, or location of any improvement erected on the Land; Qii) the ~ubdivision of lan1; or (1v) 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 Risks. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage l?rovided 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; 4. ,. (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant .and not disclosed in writing to the Company by the Insured Claimant prior to the :date the Insured Claimant became an Insured under this policy; · (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or (e) resulting in loss or damage that would not have been sustained if the Insured Cfaimant had paid vaJue for the Title. 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 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 fonn 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: I. 2 3. (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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. ,. 6. 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. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authonzing 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. Any lien or right to a lien for services, labor or,material not shown by the Public Records. ,,. CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-0J) EXCLUSIONS In addition to the Exceptions in Schedule 8, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; o, b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: ,. 6. a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or . d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. Failure to pay value for Your Title. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. m streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16 and 18, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 14: Covered Risk 15: Covered Risk 16; Covered Risk 18: Attachment One (07-26-10) Your Deductible Amount LQQ.% of Policy Amount o, $UQQ.Q.Q (whichever is less) Ll!Q% of Policy Amount o, $500000 (whichever is less) 1.Q.Q% of Policy Amount m $,.QQQ.QQ (whichever is less) LQQ% of Policy Amount o, $,.;QQ,!!(! (whichever is less) Page 12 Our Maximum Dollar Limit ofl,iabilitv $1Q,QQQ,QQ ATTACHMENT ONE (CONTINUED) ' CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03~10) AL TA 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: 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 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 wateiways 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. LIMIT A TIO NS 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: Your Deductible Amount Que Maximum Dollar Limit ofI iabi]ity Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A o, $2,500.00 (whichever is less) LOO% of Policy Amount Shown in Schedule A o, $ 5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A °' $ 5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A o, $ 2,500.00 (whichever is less) $ 10,000.00 $ 25,000.00 $25,000.00 $ 5,000.00 ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulatmg, prohibiting or relating to (i) the occupancy, use, or enJoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, hen or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. (b) Any ¥ovemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. Attachment One (07-26-10) Page 13 2. 3. 4. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights ofa purchaser for value without Knowledge. 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; ~ ) resulting in no loss damage to the Insured Claimant; d) attaching or created subsequent to Date of Policy \this garagraph does not limit e coverage provided under Covered Risks 8, 16, 18, 9, 2 , 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Cfaimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mort1pge because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. ,. 6 7. ,-ATTACHMENT ONE (CONTINUED) I Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lendmg law. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, B(e) and 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest chare-ed thereon, over liens, encumbrances and other matters affecting the title, the ex1st~nce of which are Known to the Insured at: <•\ The time ofthe advance; or · (b The time a modification is made to the tenns of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. ALT A EXP ANDED 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 which arise by reason of: I. (a) Any law, ordinance, pennit, 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 ofland; 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), I~ or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3, Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabillty 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 ofthe 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 I l(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. bllilding 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. Attachment One (07-26-10) Page 14 I NOTICE You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -inform the Company of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company of the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company 1s required to determine if you qualify for a discount which is subject to other terms and conditions. '";·, Notice Page 15 ~ "' g. 3 <> a i '2 _, ~ ..s i "" 09 1: fi I! I ~ iii i' iii 3 'j I I ~ = IO I = 11 I i ~ ~ I 2 i ! 11 i I 8 i ~ .. ~ i (\ -..,r,,.,,..,. Ja,i RES FUT ST ;:Oflle<Trn ~ R£-£Ci!D j .,-= : Lill'l ~ ~!!:r ~ ~ -~ SCAl£ 1·-20· (i) SHT 3 ~\ 6:d SHT 3 UA.P 1~c;c:,1 ~s!i.'• ~.""t ~ ·"'" DCTAIC"a" ~~ f"'!,Of ,:,01-.r.. Ei? SHT 2 ', "-~ "~!~ ,.,...,;:.-;; ,.,...)'l) SNir.-roa:um~~ ! 222-60 SHT 1 OF 2 ,· = 400' f/17/200J SM ,_"-,!!/fm!:.~ ,_ 6..,.11 IMi•- i p=-tt-i£~H ~ .11r.u ~.:i:1 & u 1~111.rjms 1•NOACctSS 2• SEE: ADJ PG-FOR riST 6; BRGs :,• 1!-!Alt E-.sEMENT ,-.,_ () 0 a ~r (I) 0.. ..._., n .... ~tice of Available Discounts '"", Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. ENE Underwritten Iitle companjes CTC -Chicago Title Company Available Piscounts ENE underwriters CTIC -Chicago Title Insurance Co. CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 -36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. FEE REDUCTION SETTLEMENT PROGRAM Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California. DISASTER LOANS The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected .. the charge for a lender's policy shall be 32% to 50% of the appropriate title insurance rate, depending on th~'type of coverage selected. SHORT TERM RATE The Short Term Rate is a reduction of the charges shown in the Insurance Tables which is allowable only when the current order is placed within 60 months from the date of issuance of a prior CLTA or ALTA Form of Policy of any qualified title insurer and provided further that the grantor, borrower, lender, lessor or assignor is insured by or under the terms of a prior policy, or is the vested owner of the interest insured by said policy. The short term rate is 64% to 92% of the appropriate title insurance rate depending on the type of coverage selected. EMPLOYEE RATE No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice CT (9-17-09) Page 17