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HomeMy WebLinkAboutSDP 16-16; VICTORY CARLSBAD OAKS LOT 4; Site Development Plan (SDP)• LAND USE REVIEW Development ServicesLCityofPlanning DivisionCarAPPLICATION1635 Faraday AvenuelsbadP-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit 0 Minor [11 General Plan Amendment 0 C•onditional Use Permit 0 Local Coastal Program Amendment 1:3 Minor 0 Extension E Day Care (Large)0 Master Plan E Amendment EI E•nvironmental Impact Assessment 0 Specific Plan Ej Amendment Habitat Management Permit 0 Minor 11 Zone Change O Hillside Development Permit El Minor 0 Zone Code Amendment 0 Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits Planned Development Permit [1]Minor 0 Review Permit [1]Residential El Non-Residential Ej Administrative 0 Minor Major 0 Planning Commission Determination 0 Reasonable Accommodation Village Review Area Permits •Site Development Plan ri Minor 51)pup'le El Review Permit (l Special Use Permit 1:]Administrative 0 Minor El Major T•entative Parcel Map (Minor Subdivision) O Tentative Tract Map (Major Subdivision) Ej Variance Minor NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M.A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).:209-120-03 PROJECT NAME:Victory Carlsbad Oaks Innovation Center Lot 4 BRIEF DESCRIPTION OF PROJECT:One 50,150 sf high-bay shell industrial building with surface parking on a 5.9813 acre lot BRIEF LEGAL DESCRIPTION:Lot 4 of Carlsbad Tract no.97 -13 -1,Oaks North Phase 1 according to map thereof no. 14926 LOCATION OF PROJECT:Lot 4 on Caribou Court (off Whiptail Loop)in Carlsbad Oaks North Business Park STREET ADDRESS ON THE:North SIDE OF Caribou Court (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Faraday Avenue AND Gazelle Court (NAME OF STREET)(NAME OF STREET) Page 1 of 6 Revised 03/16 C .... Ai OWNER NAME Victory Carlsbad Oaks Innovation Center LP APPLICANT NAME1Victory Carlsbad Oaks Innovation Center LP (Print): MAILING ADDRESS:PO Box 3111 MAILING ADDRESS: PO Box 3111 CITY, STATE, ZIP:La Jolla. CA 92038 CITY, STATE, ZIP:La Jolla. CA 92038 TELEPHONE 888-815-8886 TELEPHONE:888-815-8886 EMAIL ADDRESS:ben@Badieedevelopment.corn EMAIL ADDRESS:ben@Badieedevelopment.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS /TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE.BOV INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.ERTI AS LEGA 0 NER THAT THE APPLICANT AS THE BEST OF M OW DGE. SET FORTH EREIN i MY H IZED REPRESENTATIVE FOR i PURPO -F THIS A LICAT1 N.---/./7/.7 S --7 / RE 1/VI RE DATE\,. APPLICANT'S REPR NTATIVE (Print):Smith Consulting A tects-Peter Bussett MAILING ADDRESS:13280 Evening Creek Dr. #125 CITY, STATE, ZIP:San Diego, CA 92128 TELEPHONE:858-793 -4777 EMAIL ADDRESS:peterb@sca-sd.corn I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATI N IS TRUE AND CORR CT TO THE BEST OF MY KNOkT 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.INVE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRIC ION:P -IPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON TH ITLE TO IS PROP,--IF CONDITIONED FOR THE APPLICANT.NOTICE OF RESTRICTIONS RUN WITH THE LAND A 0 BI ':d ANY SUC.IESSOR ''.N TEqEST,,,'I —- A - 0.1r.'"..*" - ,,,- — /414 9/7/g/"R •PERTY 0 ."C 4A E i' F4ITY USE ONLY / \/RECEIVED 0. JUL 0 8 2016 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/16 Development Services (L_.'City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.carisbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information MUST be disclosed at the time of application submittal.Your project cannot be reviewed until this information is completed. Please print. Note: Person is defined as "Any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate,in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1.APPLICANT (Not the applicant's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having a financial interest in the application.If the applicant includes a corporation or partnership, include the names,titles,addresses of all individuals owning more than 10%of the shares.IF NO INDIVIDUALS OWN MORE THAN 10%OF THE SHARES,PLEASE INDICATE NON-APPLICABLE (N/A)IN THE SPACE BELOW.If a publicly-owned corporation,include the names,titles,and addresses of the corporate officers.(A separate page may be attached if necessary.) Person Corp/Part Victory Carlsbad Oaks Innovation Center LP Title Title Address Address PO Box 3111, La Jolla, CA 92038 2.OWNER (Not the owner's agent) Provide the COMPLETE,LEGAL names and addresses of ALL persons having any ownership interest in the property involved.Also,provide the nature of the legal ownership (i.e.,partnership,tenants in common,non-profit,corporation,etc.).If the ownership includes a corporation or partnership, 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 Victory Carlsbad Oaks Innovation Center LP Title Title Address Address PO Box 3111,La Jolla, CA 92038 P-1(A)Page 1 of 2 Revised 07/10 .(•PIN OWN 3.NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust Non Profit/Trust Title Title Address Address 4.Have you had more than $500 worth of business transacted with any member of City staff,Boards,Commissions,Committees and/or Council within the past twelve (12) months? Yes No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that above i m -tion is true and correct to the bes my /owledge. 4001.M,r 400"lar ,//it I/10 AdollAINIMIerAir t -?/.9N• et a Lire of own:•r/d.:'re o applica 1 •ate/ Ben Badiee, M:•er Ben Badiee,Membi Print or type name of owner Print or type name of applicant 7 -6 -I Signature of owner/applicant's agent if applicable/date Smith Consulting Architects, Peter Bussett Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 ity of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1 (B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:Carlsbad Oaks Innovation Center Lot 4 APPLICANT NAME:Victory Carlsbad Oaks Innovation Center LP Please describe fully the proposed project by application type.Include any details necessary to adequately explain the scope and/or operation of the proposed project.You may also include any background information and supporting statements regarding the reasons for,or appropriateness of, the application.Use an addendum sheet if necessary. Description/Explanation: This project consists of (1) 50,150 square foot speculative multi-tenant, high -bay industrial building with surface parking, landscaping and an outdoor lunch patio on an 5.98 acre lot. The building will include (5)mezzanines totaling 4,700 square feet, and loading dock doors. Future uses include manufacturing, R&D, warehousing and accessory office space.Parking is provided at a blended rate of 2.5 sp/1000 sq.ft. Lot 4 was mass-graded per approved Carlsbad Oaks North Final Map CT97-13 and is located on Caribou Court and East of Whiptail Loop in the Carlsbad Oaks North Business Park.The proposed site layout, building uses and floor areas comply with the Carlsbad Oaks North Specific Plan SP 211, and any impacts will not exceed those already anticipated by the El R (E1R 98-08.) The project requires approval of a Site Development Plan-Minor. Environmental compliance is established by way of EIR 98-08, which is on file in the City of Carlsbad Planning Dept.The project is in conformance with PI General Plan Designation, the P-M Zoning Ordinance and the Carlsbad Oaks North Specific Plan SP 211. P-1(B)Page 1 of 1 Revised 07/10 -7) HAZARDOUS WASTE Development Services City of AND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue (760) 602-4610P-1(C)www.carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5,I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): 111 The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. • The development project and any alternatives proposed in this application are contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT PROPERTY OWNER Victory Carlsbad Oaks Innovation Center LP Victory Carlsbad Oaks Innovation Name:Name:_Center LP Address:PO Box 3111 Address:PO Box 3111 La Jolla, CA 92038 La Jolla, CA 92038 Phone Number:888 -815 -8886 Phone Number:888 -815 -8886 Address of Site:Lot 4 on Caribou Court in Carlsbad Oaks North Business Park Local Agency (City and County):City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:209 -120-03 Specify list(s):Cortese List Regulatory Identification Number: Date of List: Z.'7 46."'SX C O ;VOZASignature/D e Prope ner Signature/to The Hazardous Wa4 and Substances Sites Li Cortese List)is used 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 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:(To be completed by City) Application Number(s): General Information 1.Name of project:Carlsbad Oaks Innovation Center Lot 4 2.Name of developer or project sponsor:Victory Carlsbad Oaks Innovation Center LP Address:PO Box 3111 City, State, Zip Code:La Jolla, CA 92038 Phone Number:888-815 -8886 3.Name of person to be contacted concerning this project:Peter Bussett-SCA Address:13280 Evening Creek Dr. Suite 125 City, State, Zip Code:San Diego, CA 92128 Phone Number:858-793 -4777 L4.Address of Project:Lot 4 on Caribou Court Assessor's Parcel Number:209 -120-03 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: Site Development Plan (Minor) 6.Existing General Plan Land Use Designation:PI 7.Existing zoning district:PM 8.Existing land use(s):PI (Vacant) 9.Proposed use of site (Project for which this form is filed):PIS (Office/ Industrial) Project Description 10.Site size:260,547 square feet (5.9813 acres) 11.Proposed Building square footage:50,150 12:Number of floors of construction:1 -story with mezzanine 13.Amount of off-street parking provided:126 spaces 14.Associated projects:Lot 5 on Caribou Court P-1(D)Page 2 of 4 Revised 07/10 15.If residential, include the number of units and schedule of unit sizes:NA 16.If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: NA 17.If industrial, indicate type, estimated employment per shift, and loading facilities: The project is a speculative multi -tenant, flex-industrial shell building.Tenant uses are not known but may include manufacturing, R&D, storage/warehouse and office uses.The largest shift or user population will be approximately 100 people.Loading is accommodated with multiple grade-level loading doors located at the rear of the building and screened from off-site views. 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: NA 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: NA P-1(D)Page 3 of 4 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 features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 21.Change in scenic views or vistas from existing residential areas or public lands or 0 2 roads. 22.Change in pattern, scale or character of general area of project.0 23.Significant amounts of solid waste or litter.0 2 24.Change in dust, ash, smoke, fumes or odors in vicinity.0 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or E] alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.El El 27.Site on filled land or on slope of 10 percent or more.0 0 28.Use of disposal of potentially hazardous materials,such as toxic substances,ID 1=1 flammables or explosives. 29.Substantial change in demand for municipal services (police, fire, water, sewage,0 etc.). 30.Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.).0 31.Relationship to a larger project or series of projects.0 Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted.See Attached 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.See Attached Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:I -G Signature:/ For:S $4 1+14 CO141)14'9 P-audt- ech/A1 614 P-1(D)Page 4 of 4 Revised 07/10 Carlsbad Oaks In Center Lot 4 ATTACHMENT TO P1(D) 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. The project site is a vacant pad. previously graded with the mass grading permit approved for the Carlsbad Oaks North Tentative Map project and generally sloping at 2% from the northwest corner down to the southeast corner. The site is topographically suitable for the proposed improvements. Public curb/gutter/sidewalks are existing along the Caribou Court street frontage. The site is void of any structures and surface improvements. No consequential plants and animals are present. The soils are suitable to support buildings on conventional shallow foundations. 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. The project site is bordered on the north. south, east and west by P-M zoned properties with Planned Industrial land uses. Directly north is a vacant lot (Lot 25). Directly west across Whiptail Loop is a vacant pre-graded lot (Lot 3). Directly east is a vacant pre- graded lot (Lot 7: SDP 16-03). Directly south is a vacant pre-graded lot (Lot 5). This project incorporates a 35 ft. landscape setback along Whiptail Loop and Caribou Court. Trucking uses will primarily occur at the rear of the building and screened from view from neighboring streets. The project 'front door' with a primarily office faces south. Building wall heights will be 36 ft. max., and parapets along with roof mounted equipment screens will serve to screen roof mounted HVAC equipment from view from the adjacent streets and surrounding properties. .——.—991.111 -13D919dHAONinn.O-.OF ..1 71.5 .1.11105.1 2.19W193911'9491T:11= 400.U 7MIIMIIIMIIIIIIMMIIIIIIII11117.11111111L_..0'.0£l 31VOS CIN3091 d 31IS0£01 0 Ntrld 31IS NviGarn t NIL: 13.99A1 AO H.L9.1 3191499739 9119 \ iuno0 n°818 0ti- ---- 0 ----- ----------------------\ _ •0 N%%.'N"''''' ___-----—__------— __ la ---••••••......VP''3.5 41174,),. 1.1111 A 4......'"...".'"'z gz gL7 ---- i.a 6909l 1.65.1t" -4.4,,ci „ --------- ____.S."/L.-----"""""......._............."'"".... 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When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding appiicatio submittal requirements (i.e.,clarification regarding a specific requirement or wheth 'all re uirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature:z Staff Signature: iF Date: To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 ANN Fidelity National Title Company 1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone:(949) 622-5000• Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer:Justin VanderVeen (MA)Order No.:997-23075611-JV1 Escrow Officer:Major Accounts OAC TO: Kilroy Realty Corporation 12200 W. Olympic Boulevard, Suite 200 Los Angeles, CA 90064 ATTN: .YuSon Shin YOUR REFERENCE: PROPERTY ADDRESS:Caribou Court, Carlsbad, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein,Fidelity National Title Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason ofany defect,lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks ofsaid policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount ofInsurance is less than that setforth in the arbitration clause,all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liabilityfor certain coverages are also setforth in Attachment One. Copies ofthe policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance ofa policy oftitle insurance and no liability is assumed hereby.If it is desired that liability be assumedprior to the issuance ofa policy oftitle insurance, a Binder or Commitment should be requested The policy(s)of title insurance to be issued hereunder will be policy(s)of Fidelity National Title Insurance Company,a California Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions setforth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice ofmatters which are not covered under the terms ofthe title insurance policy and should be carefully considered It is important to note that this preliminary report is not a written representation as to the condition oftitle and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Authorized Signature CLTA Preliminary Report Form —Modified (11/17/06)Page 1 rioN pft.t Fidelity National Title Company -R;1300 Dove Street, Suite 310, Newport Beach, CA 92660 Phone:(949) 622-5000• Fax: PRELIMINARY REPORT EFFECTIVE DATE:January 21, 2016 at 7:30 a.m. ORDER NO.:997-23075611-JV1 The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owners Policy (6-17-06) 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: KILROY REALTY FINANCE PARTNERSHIP, L.P., A Delaware limited partnership 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form —Modified (11/17/06)Page 2 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-230756114V1 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 4 AND 5 OF CARLSBAD TRACT NO.97-13-1,CARLSBAD OAKS NORTH PHASE I,IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.14926, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 15, 2004. APN:209-120-03-00 AND 209-120-04-00 CLTA Preliminary Report Form —Modified (11/17/06)Page 3 Am%4 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2016-2017. Tax Identification No.: 209-120-03-00 and 209-120-04-00 B.Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:209-120-03-00 Fiscal Year:2015-2016 1st Installment:$33,615.95, paid. 2nd Installment:$33,615.95, open (Delinquent after April 10) Penalty and Cost:$3,371.59 Homeowners Exemption:$0.00 Code Area:09013 Affects:Lot 4 Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.:209-120-04-00 Fiscal Year:2015-2016 1st Installment:$31,195.08, paid. 2nd Installment:$31,195.08, open (Delinquent after April 10) Penalty and Cost:$3,129.50 Homeowners Exemption:$0.00 Code Area:09013 Affects:Lot 5 C.The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD)as follows: CFD No:1 For:Community Facilities District No.1 Disclosed by:Notice of Special Tax Lien Recording Date:May 20,1991 Recording No.:1991-0236959,Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. Amendment to the Notice of Special Tax Lien (Notice of Annexation No.03/04-02), recorded June 29, 2004 as Instrument No. 2004-0606773, Official Records. CLTA Preliminary Report Form —Modified (11/17/06)Page 4 C PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 EXCEPTIONS (Continued) D.The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD)as follows: CFD No:3 For:Community Facilities District No.3 ofthe City of Carlsbad Disclosed by:Notice ofSpecial Tax Lien Recording Date:November 17, 2005 Recording No.:2005-0998004, Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. E.The lien of supplemental or escaped assessments of property taxes,if any,made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively,of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date ofPolicy. 1.Water rights, claims or title to water, whether or not disclosed by the public records. 2.An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s):For slopes and temporary construction Recording Date:February 11, 2004 Recording No:2004-0109582, Official Records The Grantor, for himself, his successors and assigns, hereby waives any claims for any and all damages to Grantor's remaining property,contiguous to the right-of-way hereby conveyed by reason of the location,construction, landscaping or maintenance of said street and utilities Affects:Lot 5 3.A Notice Entitled:Notice of Restriction on Real Property Recording Date:November 9, 2004 Recording No:2004-1066056, Official Records Reference is hereby made to said document for full particulars. 4.A Notice Entitled:Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No.: CT 97-13 Recording Date:November 9, 2004 Recording No:2004-1066058, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modified (11/17/06)Page 5 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-230756114V1 EXCEPTIONS (Continued) 5.The ownership of said Land does not include rights ofaccess to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by said Map No. 14926. Affects:Lot 5 abutting Faraday Avenue, and Lots 4 and 5 abutting Whiptail Loop and Caribou Court, except for access openings shown on said map Said Land, however, abuts on a public thoroughfare, other than the one referred to above, over which the rights of vehicular access have not been relinquished. 6.Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 14926; Purpose:Proposed private drainage Affects:Strip of land 15 feet in width affecting a portion of Lot 4 7.Easement(s)for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Map No. 14926; Purpose:Sight distance corridor Affects:That portion of said land as shown on said map 8.Recitals as shown on that certain Map No. 14926 Which among other things recites : 1.No structure, fence, wall, tree, shrub, sign or other object over 30 inches above the street level may be placed or permitted to encroach within the area identified as a sight distance corridor in accordance with City standard public street-design criteria, Section 8.B.3.The underlying property owner shall maintain this condition. 2.Geotechnical Caution: The owner of this property on behalf of itself and all of its successors in interest has agreed to hold harmless and indemnify the City of Carlsbad from any action that may arise through any geotechnical failure,ground water separate or land subsidence and subsequent damage that may occur,or adjacent to, this subdivision due to its construction, operation or maintenance. Reference is hereby made to said document for full particulars. 9.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage" Recording Date:December 15, 2004 Recording No:2004-1180067,Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modified (11/17/06)Page 6 'WM) PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 EXCEPTIONS (Continued) 10.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:December 15, 2004 Recording No:2004-1180068, Official Records Reference is hereby made to said document for full particulars. 11.Matters contained in that certain document Entitled:Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13 Recording Date:December 15, 2004 Recording No:2004-1180069, Official Records Reference is hereby made to said document for full particulars. Said matter was amended by instrument recorded November 4, 2005 as Instrument No. 2005-0964619 of Official Records. 12.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:Carlsbad Municipal Water District Purpose:Water line Recording Date:December 15, 2004 Recording No:2004-1180070, Official Records Affects:That portion ofsaid land 13.Matters contained in that certain document Entitled:Encroachment Agreement Recording Date:December 15, 2004 Recording No:2004-1180071, Official Records Reference is hereby made to said document for full particulars. 14.Matters contained in that certain document Entitled:Encroachment Agreement Executed by:City of Carlsbad and Carlsbad Oaks North Partners, L.P.,a California limited partnership Recording Date:December 15, 2004 Recording No:2004-1180072, Official Records Reference is hereby made to said document for full particulars. 14.Matters contained in that certain document Entitled:Agreement Between Develop/Owner and the City ofCarlsbad for the Payment of a Local Drainage Fee Recording Date:December 21, 2004 Recording No:2004-1201221, Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form —Modified (11/17/06)Page 7 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-N1 EXCEPTIONS (Continued) 15.Matters contained in that certain document Entitled:404 Permit 200200641-JMB Executed by:Techbilt Construction Corp. and City of Carlsbad Recording Date:December 30, 2004 Recording No:2004-1229604, Official Records Reference is hereby made to said document for full particulars. 17.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:San Diego Gas and Electric Company,a corporation Purpose:Public utilities Recording Date:October 20, 2006 Recording No:2006-0746425, Official Records Affects:Lots 4 and 5 Limitations on the use,by the owners of said Land,of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 18.Easement(s)for the purpose(s) shown below and rights incidental thereto,as granted in a document: Granted to:San Diego Gas and Electric Company,a corporation Purpose:Public utilities Recording Date:November 9, 2006 Recording No:2006-0800401, Official Records Affects:Lot 5 Limitations on the use,by the owners of said Land,of the easement area as set forth in the easement document shown hereinabove. Reference is hereby made to said document for full particulars. 19.Covenants, conditions, restrictions and easements but omitting any covenants or restrictions,if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information,as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document Recording Date:February 5, 2007 Recording No:20070081082, Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed oftrust made in good faith and for value. Said instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of a first mortgage or first deed oftrust made in good faith or for value. CLTA Preliminary Report Form —Modified (11/17/06)Page 8 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 EXCEPTIONS (Continued) Modification(s) of said covenants, conditions and restrictions Recording Date:March 20, 2013 Recording No:2013-0175873, Official Records 20.Matters contained in that certain document Entitled:Easement Agreement (Private Drainage) Recording Date:January 29, 2010 Recording No:2010-0047608, Official Records Reference is hereby made to said document for full particulars. Affects:Lot 4 21.Please be advised that our search did not disclose any open Deeds of Trust of record.If you should have knowledge ofany outstanding obligation, please contact the Title Department immediately for further review prior to closing. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form —Modified (11/17/06)Page 9 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 REQUIREMENTS SECTION 1.Any rights of the parties in possession of a portion of, or all of,said Land, which rights are not disclosed by the public records. The Company will require,for review,a full and complete copy of any unrecorded agreement,contract,license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 2.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 the Company, and/or by inquiry ofthe parties in possession thereof. 3.Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 4.Before issuing its policy of title insurance, the Company will require the following for the below-named limited partnership: Name:Kilroy Realty Finance Partnership, LP Certificate of Limited Partnership filed with the Secretary of State,in compliance with the provisions of the California Revised Limited Partnership Act, Section 15611 et. seq., Corporations Code. Certified Copy of the Certificate of Limited Partnership certified by the Secretary of State filed with the County Recorder. The Company reserves the right to add additional items or make further requirements after review of the requested documentation 5.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation:Kilroy Realty Finance, Inc. a)A Copy ofthe corporation By-laws and Articles of Incorporation b)An original or certified copy ofa resolution authorizing the transaction contemplated herein c)If the Articles and/or By-laws require approval by a 'parent' organization,a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form —Modified (11/17/06)Page 10 PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 REQUIREMENTS (Continued) 6.Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration.A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment.This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing ofthis transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CLTA Preliminary Report Form—Modified (11/17/06)Page 11 e°4's "somiN 'wad PRELIMINARY REPORT Fidelity National Title Company Your Reference:Order No.:997-23075611-JV1 INFORMATIONAL NOTES SECTION 1.None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2.Note:The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation.Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 3.Note:There are NO conveyances affecting said Land recorded within 24 months of the date ofthis report. END OF INFORMATIONAL NOTES Justin VanderVeen (MA)/ng CLTA Preliminary Report Form —Modified (11/17/06)Page 12 NW/ FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial,Inc.and its majority-owned subsidiary Web Beacons.Some of our web pages and electronic companies providing real estate-and loan-related services (collectively,communications may contain images, which may or may not be visible "FNF","our" or "we")respect and are committed to protecting your to you, known as Web Beacons (sometimes referred to as "clear gifs"). privacy. This Privacy Notice lets you know how and for what purposes Web Beacons collect only limited information that includes a cookie your Personal Information (as defined herein)is being collected,number; time and date of a page view; and a description of the page on processed and used by FNF.We pledge that we will take reasonable which the Web Beacon resides. We may also carry Web Beacons placed steps to ensure that your Personal Information will only be used in ways by third party advertisers. These Web Beacons do not carry any Personal that are in compliance with this Privacy Notice.The provision of this Information and are only used to track usage of the Website and Privacy Notice to you does not create any express or implied activities associated with the Website.See the Third Party Opt Out relationship, or create any express or implied duty or other obligation,section below. between Fidelity National Financial,Inc.and you.See also No Representations or Warranties below.Unique Identifier.We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to This Privacy Notice is only in effect for any generic information and gather aggregate demographic information about our visitors,and we Personal Information collected and/or owned by FNF,including may use it to personalize the information you see on the Website and collection through any FNF website and any online features,services some of the electronic communications you receive from us.We keep and/or programs offered by FNF (collectively,the "Website").This this information for our internal use,and this information is not shared Privacy Notice is not applicable to any other web pages,mobile with others. applications,social media sites,email lists,generic information or Third Party Opt Out.Although we do not presently, in the future wePersonalInformation collected and/or owned by any entity other than FNF.may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website.These How Information is Collected companies may use non-personally identifiable information (e.g., click The types of personal information FNF collects may include,among stream information,browser type,time and date,subject of other things (collectively,"Personal Information"):(1)contact advertisements clicked or scrolled over)during your visits to the information (e.g.,name,address,phone number,email address);(2)Website in order to provide advertisements about products and services demographic information (e.g., date of birth, gender marital status); (3)likely to be of greater interest to you. These companies typically use a Internet protocol (or IP)address or device ID/UDID; (4) social security cookie or third party Web Beacon to collect this information,as further number (SSN),student ID (SIN), driver's license,passport,and other described above. Through these technologies, the third party may have government ID numbers;(5)financial account information;and (6)access to and use non-personalized information about your online usage information related to offenses or criminal convictions.activity. In the course of our business,we may collect Personal Information You can opt-out of certain online behavioral services through any one of about you from the following sources:the ways described below.After you opt-out,you may continue to •Applications or other forms we receive from you or your receive advertisements,but those advertisements will no longer be as authorized representative;relevant to you. •Information we receive from you through the Website;•You can opt-out via the Network Advertising Initiative industry•Information about your transactions with or services performed by opt-out at http://www.networkadvertising.org/.us, our affiliates, or others; and •You can opt-out via the Consumer Choice Page at•From consumer or other reporting agencies and public records www.maintained by governmental entities that we either obtain directly http:// •For those in the U.K., you can opt-out via the IAB UK's industryfrom those entities, or from our affiliates or others.opt-out at http://www.youronlinechoices.com. Additional Ways Information is Collected Through the Website •You can configure your web browser (Chrome, Firefox,Internet Browser Log Files. Our servers automatically log each visitor to Explorer, Safari, etc.) to delete and/or control the use ofcookies. the Website and collect and record certain information about each More information can be found in the Help system of your browser.visitor.This information may include IP address,browser language, browser type,operating system,domain names,browsing history Note:If you opt-out as described above,you should not delete your (including time spent at a domain,time and date of your visit),cookies.Ifyou delete your cookies, you will need to opt-out again. referring/exit web pages and URLs, and number of clicks. The domain Use of Personal Information name and IP address reveal nothing personal about the user other than Information collected by FNF is used for three main purposes: the IP address from which the user has accessed the Website.•To provide products and services to you or one or more third party Cookies.From time to time, FNF or other third parties may send a service providers (collectively, "Third Parties") who are obtaining"cookie" to your computer. A cookie is a small piece of data that is sent services on your behalf or in connection with a transaction to your Internet browser from a web server and stored on your involving you. computer's hard drive and that can be re-sent to the serving website on •To improve our products and services that we perform for you or subsequent visits.A cookie, by itself, cannot read other data from your for Third Parties. hard disk or read other cookie files already on your computer. A cookie,•To communicate with you and to inform you about FNF's, FNF'sby itself,does not damage your system. We,our advertisers and other affiliates and third parties' products and services.third parties may use cookies to identify and keep track of, among other things, those areas ofthe Website and third party websites that you have When Information Is Disclosed By FNF visited in the past in order to enhance your next visit to the Website.We may provide your Personal Information (excluding information we You can choose whether or not to accept cookies by changing the receive from consumer or other credit reporting agencies)to various settings of your Internet browser, but some functionality of the Website individuals and companies,as permitted by law, without obtaining your may be impaired or not function as intended.See the Third Party Opt prior authorization.Such laws do not allow consumers to restrict these Out section below.disclosures. Disclosures may include, without limitation, the following: Privacy Notice Effective:May 1, 2015 ,••••N •To agents, brokers, representatives, or others to provide you with Privacy Notice, and to abide by and comply with this Privacy Notice. In services you have requested, and to enable us to detect or prevent any case, you affirm that you are over the age of 13, as THE WEBSITE criminal activity,fraud,material misrepresentation,or IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE nondisclosure in connection with an insurance transaction;UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL •To third-party contractors or service providers who provide GUARDIAN. services or perform marketing services or other functions on our Parents should be aware that FNF's Privacy Notice will govern our usebehalf;of Personal Information,but also that information that is voluntarily•To law enforcement or other governmental authority in connection given by children —or others —in email exchanges,bulletin boards orwithaninvestigation,or civil or criminal subpoenas or court the like may be used by other parties to generate unsolicitedorders; and/or communications. FNF encourages all parents to instruct their children in•To lenders,lien holders,judgment creditors,or other parties the safe and responsible use of their Personal Information while usingclaiminganencumbranceoraninterestintitle whose claim or the Internet.interest must be determined, settled, paid or released prior to a title or escrow closing.Privacy Outside the Website The Website may contain various links to other websites, including linksIn addition to the other times when we might disclose information about to various third party service providers.FNF is not and cannot beyou, we might also disclose information when required by law or in the responsible for the privacy practices or the content of any of those othergood-faith belief that such disclosure is necessary to: (1) comply with a websites.Other than under agreements with certain reputablelegalprocessor applicable laws;(2)enforce this Privacy Notice;(3)organizations and companies,and except for third party servicerespondtoclaimsthatanymaterials,documents,images,graphics,providers whose services either we use or you voluntarily elect tologos, designs, audio, video and any other information provided by you utilize, we do not share any of the Personal Information that you provideviolates the rights of third parties; or (4) protect the rights, property or to us with any of the websites to which the Website links, although wepersonal safety ofFNF, its users or the public.may share aggregate,non-Personal Information with those other third We maintain reasonable safeguards to keep the Personal Information parties.Please check with those websites in order to determine their that is disclosed to us secure. We provide Personal Information and non-privacy policies and your rights under them. Personal Information to our subsidiaries, affiliated companies, and other European Union Users businesses or persons for the purposes of processing such information If you are a citizen of the European Union, please note that we mayonourbehalfandpromotingtheservicesofourtrustedbusinesstransfer your Personal Information outside the European Union for usepartners,some or all of which may store your information on servers for any of the purposes described in this Privacy Notice. 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We Whether you submit Personal Information to FNF is entirely up to you. do not,however,disclose information we collect from consumer or You may decide not to submit Personal Information, in which case FNF credit reporting agencies with our affiliates or others without your may not be able to provide certain services or products to you. consent,in conformity with applicable law,unless such disclosure is You may choose to prevent FNF from disclosing or using your Personalotherwise permitted by law.Information under certain circumstances ("opt out"). 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Furthermore, we cannot and will not the purpose(s)for which it was originally collected or for which yoube responsible for any breach of security by any third parties or for any subsequently gave authorization unless you affirmatively consent toactionsofany third parties that receive any of the information that is such disclosure and use.disclosed to us. Information From Children You may opt out of online behavioral advertising by following the instructions set forth above under the above section "Additional WaysWe do not collect Personal Information from any person that we know That Information Is Collected Through the Website," subsection "Thirdtobeunder the age of thirteen (13).Specifically,the Website is not intended or designed to attract children under the age of thirteen (13).Party Opt Out." You affirm that you are either more than 18 years of age,or an Access and Correction emancipated minor, or possess legal parental or guardian consent,and To access your Personal Information in the possession of FNF and are fully able and competent to enter into the terms,conditions,correct inaccuracies ofthat information in our records, please contact us obligations, affirmations, representations, and warranties set forth in this in the manner specified at the end of this Privacy Notice.We ask Privacy Notice Effective:May 1,2015 els* 1140.0. individuals to identify themselves and the information requested to be CCN does not share consumer information with third parties, other than accessed and amended before processing such requests,and we may those with which the mortgage loan servicer has contracted to interface decline to process requests in limited circumstances as permitted by with the CCN application. applicable privacy legislation.All sections of the FNF Privacy Notice apply to your interaction with Your California Privacy Rights CCN,except for the sections titled Choices with Your Personal Under California's "Shine the Light"law,California residents who Information and Access and Correction.Ifyou have questions regarding provide certain personally identifiable information in connection with the choices you have with regard to your personal information or how to obtaining products or services for personal, family or household use are access or correct your personal information,you should contact your entitled to request and obtain from us once a calendar year information mortgage loan servicer. about the customer information we shared,if any,with other businesses for their own direct marketing uses.If applicable,this information No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc.doeswould include the categories of customer information and the names and addresses of those businesses with which we shared customer not make any representations or warranties whatsoever concerning any information for the immediately prior calendar year (e.g., requests made products or services provided to you by its majority-owned subsidiaries. in 2015 will receive information regarding 2014 sharing activities).In addition, you also expressly agree that your use of the Website is at your own risk.Any services provided to you by Fidelity National To obtain this information on behalf of FNF,please send an email Financial,Inc.and/or the Website are provided "as is"and "as message to privacy@fnf.com with "Request for California Privacy available"for your use,without representations or warranties of any Information" in the subject line and in the body of your message.We kind,either express or implied,unless such warranties are legally will provide the requested information to you at your email address in incapable of exclusion.Fidelity National Financial,Inc.makes no response.representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website arePlease be aware that not all information sharing is covered by the "Shine or will remain uninterrupted or error-free, that defects will be corrected,the Light"requirements and only information on covered sharing will be included in our response.or that the web pages on or accessed through the Website, or the servers used in connection with the Website,are or will remain free from any Additionally,because we may collect your Personal Information from viruses, worms, time bombs, drop dead devices, Trojan horses or other time to time, California's Online Privacy Protection Act requires us to harmful components.Any liability of Fidelity National Financial, Inc. disclose how we respond to "do not track"requests and other similar and your exclusive remedy with respect to the use of any product or mechanisms.Currently, our policy is that we do not recognize "do not service provided by Fidelity National Financial,Inc.including on or track" requests from Internet browsers and similar devices.accessed through the Website,will be the re-performance of such service found to be inadequate.FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one ofits companies owns, such as the Your Consent To This Privacy Notice Customer CareNet ("CCN"),FNF is acting as a third party service By submitting Personal Information to FNF,you consent to the provider to a mortgage loan servicer. In those instances, we may collect collection and use of information by us as specified above or as we certain information on behalfofthat mortgage loan servicer for fulfilling otherwise see fit,in compliance with this Privacy Notice,unless you a service to that mortgage loan servicer. For example, you may access inform us otherwise by means of the procedure identified below.If we CCN to complete a transaction with your mortgage loan servicer. During decide to change this Privacy Notice, we will make an effort to post this transaction, the information which we may collect on behalf of the those changes on the Website. Each time we collect information from mortgage loan servicer is as follows:you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected•First and Last Name information and information collected from you in the future. We may•Property Address use comments,information or feedback that you may submit in any•User Name manner that we may choose without notice or compensation to you. •Password •Loan Number If you have additional questions or comments,please let us know by sending your comments or requests to:•Social Security Number -masked upon entry •Email Address Fidelity National Financial, Inc. •Three Security Questions and Answers 601 Riverside Avenue •IP Address Jacksonville, Florida 32204 Attn: Chief Privacy OfficerTheinformation you submit is then transferred to your mortgage loan (888) 934-3354servicer by way ofCCN.privacy@fnf.com The mortgage loan servicer is responsible for taking action or Copyright ©2015.Fidelity National Financial,Inc.All Rightsmakingchangestoanyconsumerinformation submitted through Reserved.this website.For example,if you believe that your payment or user information is incorrect,you must contact your mortgage loan EFFECTIVE AS OF: MAY 1,2015 servicer. Privacy Notice Effective:May 1,2015 018114.s Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial,Inc.and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions,a preliminary report or commitment. Please be aware that the provision ofthis notice does not constitute a waiver of the consumer's right to be charged the field rate.As such,your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more ofthe below discounts with a Company representative. These discounts are generally described below;consult the rate manual for a full description of the terms,conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies.This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter FNTC -Fidelity National Title Company FNTIC -Fidelity National Title Insurance Company FNTCCA —Fidelity National Title Company of California Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) 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 or 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. DISASTER LOANS (FNTIC) 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 (FNTIC) On properties used as a church or for charitable purposes within the scope ofthe normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70%of the appropriate title insurance rate, depending on the type of coverage selected.The charge for a lender's policy shall be 40% to 50%of the appropriate title insurance rate, depending on the type ofcoverage selected. CA Discount Notice Effective Date:12/02/2014 P**" .41110.0 ATTACHMENT ONE CALIFORNIA LAND 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: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy,use,or enjoyment of the land;(ii)the character, dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation ofthese 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 ofthe exercise thereof or notice ofa 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)attaching or created subsequent to Date ofPolicy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability 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 of the state in which the land is situated. 5.Invalidity or unenforceability of the lien ofthe 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation offederal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices ofsuch proceedings, whether or not shown by the records ofsuch agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims;(b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation ofthose portions of any law or government regulation concerning: a.building; b.zoning; c.land use; Attachment One (4-2-15) CA & NV ..0044‘ d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A;and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: •For Covered Risk 16,18,19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00%%of Policy Amount Shown in Schedule A or Covered Risk 16:$2,500.00 (whichever is less)$10,000.00 1.00%%ofPolicy Amount Shown in Schedule A or Covered Risk 18:$5,000.00 (whichever is less)$25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 19:$5,000.00 (whichever is less)$25,000.00 1.00%ofPolicy Amount Shown in Schedule A or Covered Risk 21:$2,500.00 (whichever is less)$5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision ofland; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights ofeminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; Attachment One (4-2-15) CA & NV ., •ev, (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained ifthe Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws ofthe state where the Land is situated. 5.Invalidity or unenforceability in whole or in part ofthe lien of the Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b)ofthis policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording 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.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records ofany 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 ofsuch 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 ofthe Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance,violation, variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I ofthis Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location ofany improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power.This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights 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 9 and 10); or Attachment One (4-2-15)CA & NV ,tkre" (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 ofthis policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording 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: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records ofany taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession ofthe Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.(Variable exceptions such as taxes, easements,CC&R's,etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) 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, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment ofthe Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights ofeminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date ofPolicy (however, this does not modify or limit the coverage provided under Covered Risk 11,16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability ofthe lien ofthe Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien ofthe Insured Mortgage that arises out ofthe transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. Attachment One (4-2-15) CA & NV 410•"" /44ise 8.The failure of the residential structure, or any portion ofit, 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 ofthe Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b)ofthis policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (4-2-15) CA & NV C44.44kThis map/plat Is being furnished as an aid In locating the herein described Land in relation to adjoiningstreets, natural boundaries and other land. and is not a survey ofthe land depicted. Except to the extent apolicy of title Insurance Is expressly mortified by endorsement,ifany, the Company does not insure 0dimensions, distances, location ofeasements, acreage or other matters shown thereon.CD,*.:.S.,".41./,S ..N.4.:i44149261?..,, 44823 ',..Olt 1-5 1 S/R i : nze)41 N....2.11:0 a .4,aN•1117:.:.p 0 h'eavw 207;.t.'A .?r, Iw.a 'L *CA t*04 om,,8 4 1.; 4*I '''4041 5.4 ... k and 4'./.—4 - ',a ..'4 3 -.1..r.4..... "Mol.rk4 .....Za I k # •:..j..3 P 13 ,io 0 A co .\_Ti 7 te .5 4(0 >`44 'i (r.:)1' -)3).s '''t 417 4"7 tKM M 40 s--1--"''>.#,et4 jii•,MN!'i... TrO "0 .A .4823 0-1 -1 =4 al ....,14155051v411..4.0 cACD (.11 110 0 ‘fCle)k 4 reo.....T.:.4awl,, i 1 nig; C n -ND5 -* -24C)G :'a ,ZI››O 0 !.1ti 0 P1mOmpo„ 1 - 1 - , •\_.e *.i ...... 003 CO ;,- -,.: - .7,1 .-.•.. >op ....1 - ..It _...„\;'••.„ i-1 -1 r 1..r•CE-.;11.moo i A - 0-4 --1 .....m...>.- 44. •.. 4_.,4oz z =z.....z =.I.-1zooit11.$n&C.18 •t.1.•o 88s..t...teig>40 cD I I I !%1 VI::*i0c°• -0(--Al C:.,Z.OSPeget'-.:"..:. l;e.r:. U(DE:. 41 0 I I 't 2 51;2 0.-g la e..moo .;.'a'..4--'1•7r•s ',?i',000 u #st.,›>Ti.4.t st ce"7xi a 49 eceCI:11-1—V/(.0 ...0:10>>0 0 0 0 v. v.zz.0 t =-2-: 11111111111111111111111MMLIEli -0-Z-3"--1 x x > mili 111111111 "1110i iI. TA-10 _m x.> 1J511 11111111110g9ki -74 __41pinimmumummorirvisr.)..--; 1:-"al IIIIIIIIICIEMEffit "t Nov' OWNER'S DECLARATION The undersigned hereby declares as follows: 1.(Fill in the applicable paragraph and strike the other) a.Declarant ("Owner") is the owner or lessee,as the case may be,of certain premises located at further described as follows:See Preliminary Report/Commitment No. 23075611-997-MAT-JV1 for full legal description (the "Land"). b.Declarant is the of ("Owner"), which is the owner or lessee, as the case may be,of certain premises located at further described as follows:See Preliminary Report/Commitment No. 23075611-997-MAT-JV1 for full legal description (the "Land"). 2.(Fill in the applicable paragraph and strike the other) a.During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement ofthe Land in any manner whatsoever. b.During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $,but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications,nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows:.Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3.Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4.Except as shown in the above-referenced Preliminary Report/Commitment,there are no unpaid or unsatisfied mortgages,deeds of trust,Uniform Commercial Code financing statements,regular assessments,special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants,conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5.The Land is currently in use as ;occupy/occupies the Land; and the following are all ofthe leases or other occupancy rights affecting the Land: 6.There are no other persons or entities that assert an ownership interest in the Land,nor are there unrecorded easements, claims of easement,or boundary disputes that affect the Land. 7.There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company")and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements.Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees,expenses,and costs)incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at Signature: MISCO220.doc —Owner's Declaration (Rev. 05/05/15)