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Home My WebLink AboutSDP 15-24; Legoland Maintenance Yard; Site Development Plan (SDP)APPLICATIONS APPLIED .FOR: (CHECK BOXES} LAND USE REVIEW APPLICATION P-1 Q?veloll.ment Service~ Planning Division 1635 Faraday Avenue {760) 602-11610 www.carlsbadcn.gov Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit (*) [jl Minor 0 Conditional Use Permit(*) D Minor D Extension 0 Day Care {Large) 0 Environmental Impact Assessment 0 Habitat Management Perniit 0 Minor 0 Hillside Development Permit(*) 0 Minor 0 Nonconforming Construction Permit 0 Planned Development Permit 0 Minor 0 Residential 0 Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation 0 Site Development Plan 0 Special Use Permit [jl Minor 0 Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor 6-t>\> i 'S-tP·l SOP6 _1~ 0 General Plan Amendment 0 Local Coastal Program Amendm~mt (*) 0 Master Plan 0 Amendment 0 Specific Plan 0 Amendment 0 Zone Change (*) 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit D Administrative 0 Minor [] Major Village Review Area Permits 0 Review Permit 0 Administrative 0 Minor []Major (*) ~ eligible for 25% discount NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30P.M. A PROPOSED I~ROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00P.M. ASSESSORPARCELNO(S).: 211 221-6; II, 16and212-04Hl5 '2-l\-~Oo-t:Pf--00 · PROJECT NAME: LEGOLAND Maintenance Yard BRIEF DESCRIPTION OF PROJECT: Construction of Four (4) pre-fabricated metal buildings to be located within the maintenance yard. BRIEF LEGAL DESCRIPTION: Portion of Lot "H" of Rancho Agua Hedionda according to map #823 of Carlsbad Tract CT 94-09 LOCATION OF PROJECT: One LEGOLANO Drive, Carlsbad, CA 92008 ON THE: West (NORTH, SOUTH, EAST, WEST) BETWEEN Palomar Airport Road (NAME OF STREET) P-1 STREET ADDRESS SIDE OF The Crossings Drive (NAME OF STREET) AND Grand Pacific Drive (NAME OF STREET) Page 1 of 6 Revised 07/15 OWNER NAME APPLICANT NAME (Print): (Print): LEGOLAND California Chris Romero MAILING ADDRESS: One LEGOLAND Drive MAILING ADDRESS: One LEGOLAND Drive CITY, STATE, ZIP: Carlsbad, CA 92008 CITY, STATE, ZIP: Carlsbad, CA 92008 TELEPHONE: (760) 918·5460 TELEPHONE: (760) 918·5460 EMAIL ADDRESS: EMAIL ADDRESS: chris.romero@LEGOLAND.com I CERTIFY THAT I AM THE LEGAL OWNER t\ND 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 Er OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR ('LJ PURPOSES OF THIS APPLICATION. --ll¥;z3-6 SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Andrew Tarango MAILING ADDRESS: 13280 Evening Creek Drive, Suite 125 CITY, STATE, ZIP: San Diego; CA 92128 TELEPHONE: (858) 793-4777 EMAIL ADDRESS: andrewt@sca·sd.com 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. IM'E 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. PROPERTY OWNER SIGr~ATURE FOR CITY USE ONLY NOV 2 3 2015 DATE ~lAMP APPLICATION RECEIVED RECEIVED BY: P·1 Page 2 of6 Revised 07/15 Receipt Ref Nbr: RY:i32701-2/0C52 ~~~~r~~"f-N~~~~4~1~no1o2 oosz oos9 Trans/Rcpt#: 1000142204 1635 Faraday Avenue ~ ***************************** City of Cc :*******:¥** DUPLICATE COPY : 11/')"/2015 03:40·46 PM C< * .*~J**********"'**i'************* *********** )f: 111111111111111111111111111111111111111111111111111 SET #: S000004234 1 @ $5,4'22.00 Amount: $5,422.00 Item Subtota1: $5,422.00 Applicant: ROMERO CHRIS Item Total: Set Id: soooo04234 I Tmp set/Initialized ITEM(S) TOTAL: $5,422.00 Description Check (Chi<# 005236) $5,422.00 Total Received: $5,422.00 CDP15044 SDP15024 Have a nice dayl Total: ...;1 ':1LL.UU Receipt Number: R0113284 Transaction ID: T000142204 Transaction Date: 11/23/2015 Pay Type Method Description Amount Payment Check 5,422.00 Transaction Amount: 5,422.00 City of Carlsbad Faraday Center Faraday Cashiering 001 1607601-2 03/16/2016 149 Wed, Mar 16, 2016 09:32 AM Receipt Ref Nbr: R1607601-2/0006 PERMITS -PERMITS Tran Ref Nbr: 160'160102 0006 0007 Trans/Rcpt#: R0115822 SET #: SDP15024 Amount: Item Subtota 1 : Item Tot a 1: 1 @ $67.62 $67.62 $67.62 ITEM(S) TOTAL: $67.62 Credit Card (Auth# 000295) $6"1 .62 Total Received: $67.62 Have a nice day! **************CUSTOMER COPY************* j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j j City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 11111111111111111111111111111111111111111111111111111111111111111 Applicant: ROMERO CHRIS Description Amount SDP15024 67.62 1 LEGOLAND DR CBAD Receipt Number: R0115822 Transaction ID: R0115822 Transaction Date: 03/16/2016 Pay Type Method Description Amount Payment Credit Crd VISA 67.62 Transaction Amount: 67.62 Tb Indemnification and Insurance Requirement for Village Area Administrative Permit Certification Statement: I Certify that I am the Legal Businnss 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 tho City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50w$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain 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 lo;l as outdoor displays are permitted within the Village Review Area and the permittee remains in compli~n1e wi~ the subject approved permit. · Signature fl J _A · ' . Date: /1-;2.3 ~ f5 v --~~--~~---------- Certification Statement: I Certify that I am the Legal Pmpertv 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 mquest for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect lor as l~i'f{; as outdoor displays are permitted within the Village Review Area and the permittee remains in com,lli'fce 1f the subject approved permit Signature I A A ~ · -. Date: f /-:J..Z-[5' ,/V P-1 Page 3 of6 Revised 07/15 :~~::, . Cityof Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information ~lUST be disclosed at the time of application submittal. Your project cannotbe reviewed until this information is completed. Please print. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, incllid~3 the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person~~e(O Corp/Part. ____________ _ Title~· fficrlrb es Title __________ _ Address~ L@OkANO Or: Address. __________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person ___________ _ Corp/Part (Yl£lZ..U!V ct-lT:t.y(:,\f\\I'Jrtl€~ 0 G~t).?, US, \-\OLS)IN&~' lQ,, T1tle ______________ _ Title _____ . _____ _ Address. __________ _ Address o..st C-e60 CAN'"D 't)}e. CA--tzL-~fSAJ> ~ cJt q 2c:c>8 Page 1 of 2 Revis;ed 07/10 3. NON·PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non~ profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust ------------------- Title ______ . _____ _ Title _____________________ __ Address ---------------------Address __________________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? DYes D No If yes, please indicate persoil(s): ______________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowle!dge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant llL ' II·:Z3-l5 Signat e of owner/applicant's agent 1f applicable/date C~brt'~ t<otMero Print or type name of owner/applicant's agent P-1(A) Page 2 of2 Revised 07/10 City of ·Carls d HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1(C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, l have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 0 The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. 0 The development project and any alternatives proposed in this application ,ill!_ contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: LEGOLAND California Address: One LEG OLAND Drive Carlsbad, CA 92008 Phone Number: (?60) 91 B-5460 PROPERTY OWNER Name: SAME Address: __________ _ Phone Number: ___________ _ Address of Site: One LEGOLAND Drive, Carlsbad, CA Local Agency (City and county):_C_a_r_ls_b_a_d_I_S_a_n_D_i_e_g_o ______________ _ Assessor's book, page, and parcel number: 211-22-1 0 • 11 • 16 and 212-041-05 Specify list(s): ________________________ .,...--·-------- Regulatory Identification Number:. ______________________ _ Date of List: ______________________________ _ ~ /l-;z..3-1{ Applicant Signature/Date Property Owner Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P·1(C) Page 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website, 'While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a ·"list," many changes have occurred related to web-based information access since [the amended statute's effective date in] '1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate! information resources contained on the Internet web· sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www. calepa. ca .g ov/ sit@9l?.,an up/C orteseUstldefault.l1trn ~~>~WN.calepa.ca.gov/database/calsites www. en vi restor. dt,?c. c_?_,_gg:v lpt.Jblic EnviroStor Help Desk (916>) 323-3400 State Water Resources Control Board htt[;!://geotrac~er. IJYat~rboa rds. ca .gov/ County of San Diego Department of Environmental Health Services WW'JII. co.s_an-giego. ca .. us/deh Hazardous Materials Division vvww.sdcounty.ca.aov/deb./hazmat!hazmat permits.htm! Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Calf Duty Specialist for technical questions at (858) 505-6880, fax (85,8) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCUS") www.epa.gov/sugertund/si!~s/cursites (800) 424-9346 or (702) 2B4-8214 National Priorities List Site~s in the United States ww;N.ega .govisuperfund/sitS?Sit:l pl/npl. htm P-1(C) Page 2 of 2 Revised 02/13 . Cicyof Carlsbad EIA INFORMATION FORM P-1(0) INSTRUCTION SHEET FOR COMPLETING AN !:NVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM Develc'Jpment Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov This Environmental lnfom1ation 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 pre1pared for your application, per the California Environmental Quality Act (CEQA) and Title 1 !9 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 (i.e., biological, cultural resource, traffic, noise) that are necessary to substantiate a "no impact" or "yes impact" determinatiion should be submitted as an attachment to this Environmental Information Form. This is especially important when a Negativ1e 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(0) Page 1 of4 Revised 07/10 ENVIRONMENTAL INFORMATION FORM , 1 . I . ...-(To be Completed by Applicant) Date Filed: lt1 _ "t--3 ~ ( S (To be completed by City) Application Number(s): S 1D P 16 ":L-Y C DP f 5--41--/ General Information 1. Name of project: LEGOLAND Maintenance Yard 2. Name of developer or project sponsor: LEGOLAND California Address: One LEGOLAND Drive City, State, Zip Code: Carlsbad, CA 92008 Phone Number: (760) 918-546° ------------------------------------------------- 3. Chris Romero Name of person to be contacted concerning this project: --------------- Address: Same --------------------------------------------------- City, State, Zip Code: _S_a_m __ e __________________ . _______ _ Phone Number: Same ·---------------------------------------- 4. Address of Project: One LEGOLAND Drive, Carlsbad, CA 92008 Assessor's Parcel Number: 211-22-1 0, 11' 16 and 212-041-05 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: none 6. Existing General Plan Land Use Designation: --------------------------- 7. Existing zoning distri<;t: ------------------------------ 8. Existing land use(s): ------------------------------ 9. Proposed use of site (Project for which this form is filed): ------------------------ Project Description 10. Site size: ----------------------------------------------------- 11. Proposed Building square footage: _6_,_3_0_0_s_._f. __________________ , _________ _ 12: Number of floors of construction: _1 _________________________________ __ 13. Amount of off-street parking provided: --------------------------·----------- 14. Associated projects: _C_B_15_-3_6_1_2 ____________________ __ P-1(0) Page 2 of4 Revised 07/10 15. If residential, include the number of units and schedule of unit sizes: _n_/_a ________ _ 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage Of SaleS area, and loading facilitieS: _M_eta_lstru_ct_u_res_for_st_ora_g•------------------ 17. If industrial, indicate 1type, estimated employment per shift, and loading facilities: _n_l_a ___ _ 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, andl community benefits to be derived from the project: _n~_. --------- 19. If the project involves a variance, conditional use or rezoning applications, state~ this and indicate clearly why the application is required: _n~_. --------------------- P-1(0) Page 3of4 Revised 07/10 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 featu1res of any bays, tidelands, beaches, or hills, or substantial 0 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or 0 0 roads. 22. Change in pattern, scale1 or character of general area of project. D 0 23. Significant amounts of solid waste or litter. D 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. D 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or D 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. D 0 27. Site on filled land or on slope of 1 0 percent or more. D 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, D 0 flammables or explosivE~s. 29. Substantial change in demand for municipal services (police, fire, water, sewage, D 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). D 0 31. Relationship to a larger project or series of projects. 0 D 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 Blnimals, and any cultural, historical or scenic aspects. Desc:;ribe 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 iinitial 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: -------------Signature: For: P-1(0) Page4 of4 Revised 07/10 C~hicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA92108 (619) 521-3400 Title Department: Chicago Title Company Attn: Tom Votel/Ken Cyr Email: votelt@ctt.com&ken. cyr@ctt.com · Phone: (619) 521-3553 &(619) 521-3555 Fax: (619) 521-3608 Order No.: 12201482-996-U50 Customer: Merlins Entertainments Group US Holdings, Inc Attn: Robert Lorenzini Email: bob.lorenzini@legoland.com Phone: (760) 918-5353 Fax: (760) 918-5328 Reference No.: Le!m Preliminarv Renort FIRST AMENDED PRELIMINARY REPORT Property Address: 1 Legoland Drive, Carlsbad, CA Dated as of: November 24, 2015 at 7:30am 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 st:t 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. Tllis 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) ofChlcago Title Insurance Company Please read the exceptions shown or referred to herein and the exceptions and excb,1.sions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. · It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE CLT A Preliminary Report Form -Modified ( 11-17 -06) Page 1 Jrder No.: 12201482-996-USO SCHEDULE A 1. 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: Merlin Entertainments Group U.S. Holdings Inc., a Delaware 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 Order No.: 12201482-996-USO LEGAL DESCRIPTION LOTS 18 AND 19 OF CITY OF CARLSBAD TRACT 94-09, CARLSBAD RANCH-UNITS 2 & 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13408, RECORDED IN THE OFFICE OF THE COUNTYRECORDER OF SAN DIEGOCOUNTYON APRIL 1, 1997. APN: 211-100-09 AND 11 END OF LEGAL DESCRIPTION CLTA Preliminary Report Form-Modified (11-17-06) Page3 · · .. .!Jrder No.: 12201482-996-USO 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 2015 -2016 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Code Area: Assessors Parcel Number: $1,010,364.43 $101,036.44 (Due after December 10) $1,010,364.43 $101,046.44 (Due after Apri110) 9176 211-100-09-00 2. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) ofthe Revenue and Taxation Code ofthe State of California. 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Assessment No.: $671.42 $67.14 12/10/2015 $671.42 $77.14 04/10/2016 9176 839-104-03-73 3. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) ofthe Revenue and Taxation Code of the State of California. 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Assessment No.: $2,412.83 $241.28 12/10/2015 $2,412.83 $251.28 04/10/2016 9176 839-104-03-93 CLTA Preliminary Report Form-Modified (11-17-06) Page4 SCHEDULEB (continued) Order No.: 12201482-996-USO 4. Supplemental taxes for 1he fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) ofthe Revenue and Taxation Code of the State ofCalifomia. 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Assessment No.: $2,677.50 $267.75 12/10/2015 $2,677.50 $277.75 04/10/2016 9176 849-104-03-64 5. Supplemental taxes for the fiscal year 2015 -2016 assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) ofthe Revenue and Taxation Code of the State ofCalifomia. 1st Installment: Penalty: Delinquent: 2nd Installment: Penalty: Delinquent: Code Area: Assess1nent No.: $30,068.32 $3,006.83 12/10/2015 $30,068.32 $3,016.83 04/10/2016 9176 849-104-03-84 6. 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 ofthe State of California 7. 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 public utilities, ingress, egress July 5, 1972 as InstrumentNo.72-172891, ofOfficial Records The exact location and extent of said easement is not disclosed of record 8. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said Street, as contained in the deed recorded September 15, 1988 as Instrument No. 88-463304, of Official Records. Affects Lot 18 herein described. 9. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: June27, 1988 Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 CLTA Preliminary Report Form-Modified (11-17-06) Page 5 Grantee: Purpose: Recorded: Mfects: SCHEDULEB (continued) The City of Carlsbad Drainage I Jrder No.: 12201482-996-USO September 15, 1988 as Instrument No.88-0463305, _of Official Records Lot 18 10. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Mfects: June 27, 1988 Paul Ecke, Sr., Trustee of the Paul Ecke, Sr., Trust dated September 8, 1983 The City of Carlsbad open space and incidental purposes September 15, 1988 as Instrument No.88-0463306, of Official Records Lotl8 11. The privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of Palomar Airport Road, where required for the construction and maintenance of said public highway, as contained in the deed recorded September 15, 1988 as Instroment No.88- 463310, of Official Records: · Affects Lot 18 herein described. 12. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Mfects: June 24, 1988 Carltas Company, a California limited partnership City of Carlsbad drainage September 15, 1988 as Instrument No.88-0463313, of Official Records Lot 18 13. A pending assessment for the District shown below. When notice of the assessment is recorded with the County Recorder the assessment shall become a lien on said land. District: Disclosed By: Recorded: Community Facilities District No. 1 Assessment District Boundary December 19, 1990 as Instrument No.l990-0674118, of Official Records Notice of special tax lien pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code recorded May 20, 1991 as Instrument No. 1991-0236959, of Official Records. 14. An easement for the purpose shown below and rights incidental thereto as set forth in a document. CLTA Preliminary Report Form-Modified (11-17-06) Page6 Dated: Grantor: Grantee: Purpose: Recorded: Affects: SCHEDULEB (continued) May 20, 1992 Carltas Company, a limited partnership The City of Carlsbad Traffic signal maintenance Order No.: 12201482-996-USO July 15, 1992 as Instrument No.1992-04431l6, of Official Records The route thereof affects a portion of said land and is more fully described in said document. Affects Lot 18 herein described 15. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: Affects: December 21, 1993 Carltas Company and City of Carlsbad December 30, 1993 as Instrument No.1993-0886034, of Official Records Drainage fees as required by the growth management program and the adopted local facilities management plan for zone 13 The herein described land and other land. Reference is hereby made to said document for full particulars. 16. A document entitled "Hold Harmless Agreement Drainage", executed by Carlsbad Ranch Company, L. P ., and th~: City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245821, of Official Reeords. 17. A document entitled "Hold Harmless Agreement Geological Failure", executed by Carlsbad Ranch Company, L. P ., and the City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded June 12, 1995 as Instrument No. 1995-0245822, of Offiicial Records. 18. A document entitled "Development Agreement", dated, January 6, 1996, executed by City of Carlsbad and Lego Park Planning, Inc., subject to all the terms, provisions and conditions therein contained, recorded March 22, 1996 as Instrument No. 1996-0141299, of Official Records. Affects Lot 18 herein described 19. 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, ~my 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: July 11, 1996 as InstrumentNo.1996-0348524, of Official Records CLTA Preliminary Report Form-Modified (11-17-06) Page7 SCHEDULEB (continued) I Order No.: 12201482-996-USO Note: Section 12956.1 ofthe government code provides the following: "Ifthis 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, ~scrow 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. 20. A document entitled "Notice of Restriction on Real Property", dated, May 20, 1996, executed by City of Carlsbad, Carlsbad Ranch Company, L. P., CB Ranch Enterprises, Carlsbad Estate Holding, Inc., and National Association of Music Merchants, Inc., subject to all the terms, provisions and conditions therein contained, r~corded September 5, 1996 a~ Instrument No. 1996-0450388, of Official Records. 21. A 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", dated, December 17, 1996, executed by City of Carlsbad and Lego Land Carlsbad, Inc., Corporation, subject to all the terms, provisions and conditions therein contained, recorded February 7, 1997 as Instrument No. 1997-0056338, of Official Records. Mfects Lot 18 herein described 22. An Agreement, and the terms and conditions as contained therein Dated: By and Between: Recorded: Regarding: February 21, 1997 Carlsbad Ranch Company, L. P., and Carlsbad Estate Holding, Inc., and Acknowledged and Consented to by the California Coastal Commission February 24, 1997 as Instrument No.l997-0080274, of Official Records Open space deed restriction Reference is hereby made to said document for full particulars. Mfects Lot 18 herein described 23. The fact that the ownership of said land does not include rights of access to or from the Street and Highway abutting said land, such rights having been relinquished by the map of said tract. Mfects: Lot 18 adjacent to Palomar Airport Road Said land however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. CLTA Preliminary Report Form-Modified (11-17-06) Page8 SCHEDULER (continued) Order No.: 12201482-996-USO 24. The fact that the ownership of said land does not include rights of access to or from the street, highway, or freeway abutting said land, such rights having been relinquished by the Map of said Tract. Mfects: Lot 19 on the South adjacent to Lots 9 and 10 as shown on said Map No.l3408 Said land, however, abuts upon a public thoroughfare other than the road referred to above, over which rights of vehicular ingress and egress have not been relinquished. 25. 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: Mfects: general access and public utilities and drainage as shown on said Map No. 13408 26. 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: April 1, 1997 as Instrument No.1997 -015034 7, of Official Records Note: Section 12956.1 of the government code provides the following: "Ifthis 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 ofthe 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 re~trictions based on familial status." Note: If you should request a copy of the document referred to above, California llaw 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. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or Deed of Trust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which are stated to be subordinate to the lien of a first mortgage or first Deed of Trust made in good faith and for value. Among other things, said document provides: CLTA Preliminary Report Form-Modified (11-17-06) Page9 Easements and Restrictions SCHEDULEB (continued) ~rder No.: 12201482-996-USO 27. An Unrecorded Lease affecting the premises herein described, executed by and between the parties herein named, with certain terms, covenants, conditions and provisions set forth therein. Lessor: Lessee: Recorded: Lego Carlsbad AG, (Lego Carlsbad h1c.) a Swiss corporation Lego Land,Carlsbad, me., a California corporation April16, 1997 as mstrument No.l997-0175999, 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. An assignment and assumption of Lease dated as of July 11, 2005, by and between Lego Land Estates AG (Lego Land Estates, Inc.), a Swill corporation and PlayU. S. Acquisitions Co. Inc., a Delaware corporation, recorded August 29, 2005 as mstrument No. 2005-0744001, of Official Records. An agreement which states that this instrument was subordinated To: Recorded: By Agreement Recorded: Deed of Trust May 21,2007 as fustrument No.2007-0343513 of Official Records May 21, 2007 as mstrument No.2007 -0343514 of Official Records The terms and provisiOns contained in the document entitled "Amended and Restated Subordination and Attornment Agreement" recorded July 8, 2008 as mstrument No. 2008- 036432 i of Official Records. Second Amended and Restated Subordination and Attornment Agreement recorded November 29, 2010 as File No. 2010-065677, Official Records. 28. A document entitled "Landscape Maintenance and Easement Agreement", dated, April 27, 1997, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Carlsbad AG (Lego Carlsbad me.), a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded April29, 1997 as mstrument No. 1997-0197544, of Official Records. First amendment to landscape maintenance and easement agreement dated April 9, 1998, executed by Carlsbad Ranch Company, L. P., a California limited partnership and Lego Land Estates AG (Lego Land Estates Inc.), a Swiss corporation, recorded April 27, 1998 as mstrument No. 1998~ 0239009, of Official Records. 29. A document entitled "Hold Harmless Agreement Drainage", dated, May 29, 1997, executed by Lego Carlsbad AG (Lego Carlsbad me.) a Swiss corporation, subject to all the terms, provisions and conditions therein contained, recorded July 1, 1997 as mstrument No. 1997-0310071, of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 10 SCHEDULEB (continued) Order No.: 12201482-996-USO 30. A document entitled "Notice of Restriction on Real Property", dated, July 29, 1997, executed by Lego Land Estates AG tLego Land Estate3, Inc.) and City of Carlsbad, subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997- 0391746, of Official Records. 31. A document entitled "Notice Concerning Aircraft Environmental Impacts Case No.: SDP 96- 14/CDP 96-16", dated, July 29, 1997, executed by Lego Land Estates AG (Lego Land Estate, h1c.), subject to all the terms, provisions and conditions therein contained, recorded August 14, 1997 as Instrument No. 1997-0391747, of Official Records. 32. An eas~ment for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: October 30, 1997 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress November 6, 1997 as Instrument No.1997-0560979, of Official Records Lot 18 The exact location and extent of said easement is not disclosed of record 33. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: November 10, 1997 LegoLand Estates (Lego Land Estates. Inc.), a Swiss corporation San Diego Gas and Electric Company, a corporation public utilities, ingress, egress December 1, 1997 as Instrument No.l997-0603896, of Official Records Lot 18 34. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Dated: Grantor: Grantee: Purpose: Recorded: Affects: January 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.l998-0122320, of Official Records Lot 18 35. A Grant Deed of waterline easement for the purpose shown below and rights inc;idental thereto as set forth in a document Dated: October 21, 1998 Grantor: LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Grantee: Carlsbad Municipal Water District Purpose: water line easement CLTA Prelinunary Report Form-Modiified (11-17-06) Pagell Recorded: Mfects: SCHEDULEB (continued) · Jrder No.: 12201482-996-USO March 6,1998 as Instrument No.1998-0122321, of Official Records Lot 18 36. A Grant Deed of waterline easement for the purpose shown below and rights incidental thereto as set forth in a document Dated: Grantor: Grantee: Purpose: Recorded: Mfects: January 21, 1998 LegoLand Estates (Lego Land Estates Inc.), a Swiss corporation Carlsbad Municipal Water District water line easement March 6, 1998 as Instrument No.l998-0122322, of Official Records Lot 18 37. An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To: Purpose: Recorded: Mfects: Grand Pacific Carlsbad, L. P., a California limited partnership storm drain easement August 3, 2005 as Instrument No.2005-0660417, of Official Records The route thereof affects a portion of said land and is more fully described in said document. 38. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded June 6, 2006 as Instrument No. 2006-0398658 of Official Records. 39. A Deed of Trust to secure an indebtedness in the original amount shown below. Amount: Dated: Trustor: Trustee: Beneficiary: Loan Number: Recorded: $227,272,727.00 May 21,2007 Merlin Entertainment Group U. S. Holdings Inc., a Delaware corporation Chicago Title Company Bayerische Hypo-Und Vereinsbank AG London Branch, its successors and/ or assigns Not shown May 21, 2007 as Instrument No.2007 -0343513 of Official Records Said Deed of Trust was amended and restated by that certain document entitled "Amended and Restated Deed of Trust with Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing, executed by Merlin Entertainment Group, U. S. Holdings Inc., a Delaware corporation, as Trustor, to Chicago Title Insurance Company, as Trustee, for the Benefit of Bayerische Hypo-UndVereinsBank AG, Milan Branch, as Beneficiary recorded July 8, 2008 as Instrument No. 2008-0364320 of Official Records. CLTA Preliminary Report Form-Modified (11-17-06) Page 12 SCHEDULED (continued) Order No.: 12201482-996-USO Second Amended and Restated Deed of Trust, Assignment of Leases and Rents, Security Agreement, Financing Statement and Fixture Filing recorded November 29, 2010 as File No. 2010- 0652676, Official Records. Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by: . Recorded: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (fonnerly -Bayerische Hypo-Und Vereinsbank AG London Branch) February 28, 2011 as File No. 2011-0108025, Official Records Memorandum of Loan Modification Agreement and Amendment to Deed of Trust Executed by: Recorded: Merlin Entertainments Group U.S. Holdings Inc., a Delaware corporation and Unicredit Bank AG London Branch (formerly Bayerische Hypo-Und Vereinsbank AG London Branch) June 2, 2011 as File No. 2011-0282086, Official Records 40. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded March 24, 2010 as Instrument No. 2010-0146897 of Official Records. 41. A document subject to all the terms, provisions and conditions therein contained. Entitled: Recorded: Permanent Stormwater Quality Best Management Practice Maintenance Agreement January 12, 2012 as File No. 2012-0019022, Officiall Records Reference is hereby made to said document for full particulars. 42. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Drainage Recorded: January 12, 2012 as File No. 2012-0019023, Official Records Reference is hereby made to said document for full particulars. 43. A document subject to all the terms, provisions and conditions therein contained. Entitled: Hold Harmless Agreement Geological Failure Recorded: January 12, 2012 as File No. 2012-0019024, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form-Modified (11-17-06) Page 13 SCHEDULEB (continued) Jrder No.: 12201482-996-USO 44. A document subject to all the terms, provisions and conditions therein contained. Entitled: Notice of Restriction on Real Property Recorded: March 6, 2012 as File No. 2012-0131245, Official Records Reference is hereby made to said document for full particulars. Affects Lot 18 45. A document subject to all the tenns, provisions and conditions therein contained. Entitled: Recorded: Permanent Stormwater Quality Best Management Practice . Maintenance Agreement March 5, 2013 as File No. 2013-0142200, Official Records 46. 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 public utilities and ingress and egress November 26, 2014 as Instrument No. 2014-0519247 Official Records The exact location and extent of said easement is not disclosed of record 4 7. The terms and provisions contained in the document entitled "Permanent storm water quality best management practice maintenance agreement" recorded February 23,2015 as fustrument No. 2015- 0078873 Official Records. 48. The terms and provisions contained in the document entitled "Permanent stonnwater quality best management practice maintenance agreement" recorded September 23, 2015 as Instrument No. 2015-0500753 Official Records. 49. Water rights, claims or title to water, whether or not shown by the public records. 50. 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 ofthe land; upon completion of this inspection you will be notified of the removal of specific coverage exceptions and/or additional exceptions to coverage. 51. 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. CLTA Preliminary Report Fonn-Modified (11-17-06) Page 14 END OF SCHEDULE B CLTA Preliminary Report Form-Modified (11-17-06) SCHEDULEB (continued) Page 15 Order No.: 12201482-996-USO <_)rder No.: 12201482-996-USO INFORMATIONAL NOTES Note No. l: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 h1sunmce coverage. Note No. 2:The policy to be issued may contain an arbitration clause. When the Amount of fusurance 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 fusured as the exclusive remedy of the parties. Note No.3: Your open order request indicates that a corporation formed outside ofthejurisdiction of the State of California will be acquiring, encumbering or conveying the property in your transaction. Therefore, it is the requirement of this Company that prior to the issuance of our policy of title insurance we be furnished an opinion by independent counsel authorized to practice law in the foreign jurisdiction, at no cost to this company, which opinion shall make the following representations: (1) That counsel has reviewed and studied the articles of incorporation and any other pertinent documents in light of the applicable laws of that jurisdiction; (2) That the corporation was properly incorporated in that jurisdiction; (3) That the corporation is presently in good standing in that jurisdiction; (4) That the corporation has both the power and authority to own property in the United States/State ofCalifornia, both under its articles and the laws ofthejurisdiction; (5) That the named person(s) who will execute documents (if any) on behalf of the corporation is/are authorized to do so. CLTA Preliminary Report Form-Modified (11-17-06) Page 16 Fidelity National Financial, Inc Privacy Statement Effective Date: 5/1/2008 Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal lnformation")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 may 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 services performed 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 C>r other reporting agencies and publicly recorded. Disclosure of Personal Information We may provide your Personal Information (l~xcluding information we receive from our consumer or other credit reporting agencies) to various individuals and companies, as permitted by l;aw, without obtaining your prior authorization. Such laws do not allow cons;umers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services 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 service providers for the purpose of determining your eligibility for an insurance benem or payment and/or providing you with services 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 services 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 whosl~ 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 transc:tction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services 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 otherwise 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. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provicle products or services to you. We maintain physical , electronic, and procedural safeguards that comply with federal regulation to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, o1· Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personallnformation,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 Information 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: Changes to this Privacy Statement Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Drive Jacksonville, FL32204 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, indiGates the last time this Privacy Statement was revised or materiallly changed. Privacy Statement (05-0 1-08) ATTACHMENT ONE AMERICANLAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • 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 ofthe taking In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting 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. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date -this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and_referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. 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. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. CALIFORNIALAND TITLE ASSOCIATION STANDARD 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: L (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 Policy. (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 alleged 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 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 of Policy, 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) attachihg 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 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 the applicable doing business laws ofthe 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 insured 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 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. PART I 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. FORMERLY AMERICANLAND 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: L (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 l~nd 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 Policy. (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 alleged 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 of a 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 18 (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 ofthe lien ofthe 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. 4. 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. 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 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 and 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. 7. 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' rights laws, that is based on: (i) the transaction creating the interest 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 moirtgagee as a result of the application of the doctrine of equitable subordination; or (iii) 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 oftransler, or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) which arise by reason of: 1. Taxes or assessments which are not shown as existing hens 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 restQt in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land o:r which may be asserted by persons in possession thereof 3. 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 disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water right.., 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 AMERICANLAND 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' fee8, or expenses that arise by reason of: 1. 2. 3. (a) Any law, ordinance, penni!, or governmental regulation (including those relating to building and zoning) restricting, regillating, 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 efland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion !(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. Rights of emment domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 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; 4. 5. 6. 7. (c) resulting in no loss or damage to the Iosured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk II, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. Invalidity or unenforceability in whole or· in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 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 assessments imposed by governmental authority ·and created or attaching between Dace of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. Io addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include thefollowine: 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: !. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. 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 Records. (a) Unpatented mining claims; (b) reservatio.ns 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, Iabar or material not shown by the Public Records. FORMERl-Y AMERICANLAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) 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 regillation (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 afiecting the land has been recorded in the public records at Date of Policy. (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 alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent 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. 4. Defects, liens, encwnbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to hy 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, 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 policy. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is 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 insured 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 may be issued to afford either Standard Coverage or Extended Coverage. Io 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. 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 19 or notices of such proceedings, whether or not shown by tbe records of such agency or by the public records. · ATTACHMENT ONE (CONTINUED) 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 suiVey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reseJVations 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 sennces, labor or material not shown by the Public Records. 2006 AMERICANLAND 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 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 (1v) enVIronmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion !(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 modi:f'y 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 9 and 1 0); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 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 of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land sUJVey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reseiVations 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. 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 (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes 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 or24. · 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; or 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: 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. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: 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: Your Deductible Amount 1.00% ofPolicy Amount or $2 500.00 (whichever is less) 1.00"/o ofPolicy Amount or $5 000.00 (whichever is less) 1.00% of Policy Amount or $5 000.00 (whichever is less) 1.00% ofPolicy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit ofLiabilitv $10 000.00 Attachment One (07-26-10) Page20 ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE lNSURANCE (02-03-10) ALTA HOMEOWNER'S POLICY OF TITLE JNSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a building; b. zouing; 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 condemuing 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 valne for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Our Maximum Dollar Limit ofLiabilitv 1.00% ofPolicy Amount.Shown in Schedule A or $2,500.00 (whichever is less). 1.00% ofPolicy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $ 2,500.00 (whichever is less) $ 10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA EXPAND ED 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, regulating, prohibiting or relating to (i) the occupancy, use, or enJoyment o:f 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, lien or encumbrance resulting from a violation or alleged violation affecting the Land has beei) recorded in the Public Records. at Date of Policy. This exclusion does not limit the coverage provided under Covered Ris.ks 12, 13, 14, and 16 of this policy. (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 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 tlris policy. Attachment One (07-26-10) Page 21 2. ·Rights of eminent domain uuless 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 of a 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; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date ofPolicy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24,25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured M01tgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or 1he inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in wlrich the Land is situated. ATTACHMENT ONE (CONTINUED) 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, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. 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, 8( e) and 26. 1. Any claim of invalidity, unenforceability or lack of priority ofthe 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. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms 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. 9. 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. ALTA EXPANDED COVERAGERESIDENTIALWANPOLICY (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, 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 efland; 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 RiskS, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modifY or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured 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 II, 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 of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modifY or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modifY or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date ofPolicy. This Exclusion does not modifY or limit the coverage provided in Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modifY or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07-26-10) Page22 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 hadl more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the san1e property that is the subject of your current transaction, you do not have to do anything; th~~ 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 detemline if you qualify for a discount which is subject to other terms and conditions. Notice Page23 ~otice of Available Discounts .. · Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Fin·ancial, 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. FNF Underwritten Title Companies CTC -Chicago Title Company Available Discounts FNF 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 the 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 furtherthat 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 24 ~ g ...... 'S 0 u '-' 09 "' <;! .. /-........... ~ t~ * ~ ~ 1'i ·e; !;! SHT 2 :i 1!1 /-·-·, 1~ \c2) !,; StT', ~ l!:! ;I=. ~~ £ g I i~ i~ ·~ :~ ~1.:-, ·~ :~ ~~~· ~~ ;!! DETAIL "6" \ \ \"- N~)-~iJ)~''il' 7i9i.06 (~\ \.~7 sr-n 2 ·-...... ... \r--··-~·-- (§) 1\/ <§}) 132.11 AC \ ' /'----,_ ; Cl) · ,,_,_/ I lk}~ ~ 4w-----;:22.1·~ I (~) s~--1 c~'< ® 10.0C AC OPEN SPACE ~·I .';A~ ~J.NU'·~. /212\, ~0.:/ 0il' ~c;4) I ~,, :~ ... ~...,~'Y<'~-::1 ~~'fJ DE'[f.,IL .... "A" , .. ·~·fb ~if (~.12~.~·. '-._:...JL/ Sl ;l.· ;; N' :,'J.[~ SAN DIEGO COUtiTY ASSESSOR1S MAfl l 211-10 ~-~' '{~4~ ·~ 1" 400' JGRO iOOI OlrnH;.!2 951; ::J~05 : •o 9~1'~' ~',12!1 -o:0-29 " 95 i .';!~ SN.IfJ; STCI' sgifl'U ~~II,<t; GiO &; SCALE 1''-50' 1* PRIVATE ST 2• ~OCKEF'ELLER CT 'MATCH. liNE ''A~·-·- ~ ,j,,oi" //__... .. ,,, .• ,·::;a"-' "'~~./·/"/ o\<'~>-" t:-'5•_/....---?~'-v ,.//: /",,/·~""" ./'//·--~i";q \ 0"-; -~----·· SHT 1 r~" ~7 MAP 13408-CARLSBAD TCT 9:4-09 CARLSBAD RANCH UNITS 2 & 3 ROS 16331 Ol ~ ""'" ~ 1-0 Q) 0 :g z "E :::J 0 0 (/) i5 (§ ~ Q) Ol ro a.