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Home My WebLink AboutSDP 16-22; WEST STEAK & SEAFOOD EXPANSION; Site Development Plan (SDP)City of LAND USE REVIEW Development Services Planning Division Carlsbad APPLICATION 1635 Faraday Avenue P-1 (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR:(CHECK BOXES) Development Permits (FOR DEPT. USE ONLY)Leaislative Permits (FOR DEPT. USE ONLY) El Coastal Development Permit 0 Minor ID General Plan Amendment 1E(.;9ditional Use Permit Minor Extension '4 It 1 IC0 Local Coastal Program Amendment ID Day Care (Large)0 Master Plan ID Amendment Environmental Impact Assessment 0 Specific Plan Amendment CI Habitat Management Permit CI Minor ID Zone Change ID Hillside Development Permit CI Minor 0 Zone Code Amendment ID Nonconforming Construction Permit South Carlsbad Coastal Review Area Permits 0 Planned Development Permit 0 Minor 0 Review Permit CI Residential 0 Non-Residential Administrative Minor 1:1 Major Planning Commission Determination 0 Reasonable Accommodation Villain Review Area Permits gi Site Development Plan 54 Minor %19 10 -2 9-p Revi•ew Permit 0 Special Use Permit 0 Administrative 0 Minor 0 Major Tentative Parcel Map (Minor Subdivision) CI Tentative Tract Map (Major Subdivision) Variance 0 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).:210-011 -02; 210-011 -05 PROJECT NAME:West Steak & Seafood Expansion BRIEF DESCRIPTION OF PROJECT:1508 square foot expansion of West Steak & Seafood Restaurant PROJECT VALUE $400 000(SITE IMPROVEMENTS)•/ESTIMATED COMPLETION DATE 5 months from construction start date-mid 2017 LOCATION OF PROJECT:4980 Avenida Encinas STREET ADDRESS ON THE:east SIDE OF Avenida Encinas (NORTH, SOUTH, EAST, WEST)(NAME OF STREET) BETWEEN Cannon Road AND Interstate 5 (NAME OF STREET)(NAME OF STREET) OeVi(lb 1(‘ P-1 Page 1 of 6 Revised 09/16 —— ., .40%. ,ii.o-'vied OWNER NAME (Print):West Real Estate, LLC APPLICANT NAME (Print):John Buza MAILING ADDRESS:P.O. Box 676066 MAILING ADDRESS:6'7 94.4temihn4 DR -03o0 CITY, STATE, ZIP.Rancho Santa Fe, CA 92067 CITY, STATE, ZIP:CA.at..$)6.4.0 04 9zocis TELEPHONE 619.756.5338 TELEPHONE:(700)hoz -<57 (Pi EMAIL ADDRESS:EMAIL ADDRESS:y.-A dam.e__.7-48.../74 .c..y. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE.I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPO OF THIS APPLICATION. oa..4,_i h7 pc Eelci.644,_P/2-6r SIGNA RE DATE SIG Ityl s.r at..24(„6„4.74 7.6 Liez...14/13/1"-- APPLICANTS REPRESENTATIVE (Print):Kathy Steindlberger MAILING ADDRESS:2888 Loker Avenue East Suite 217 CITY, STATE, ZIP:Carlsbad, CA 92010 TELEPHONE:760.929.2288 x 404 EMAIL ADDRESS:ksteindlberger@hwplanning.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. 1 SCiiiir"llh /0/3/241/to SIGNAT DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF,PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION.I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF 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 D BIND ANY SUCCESSORS IN INTEREST. Se.„...„..41 61/1'N'fr-' PROPERTY OWNER SIGNATURE FOR CITY USE ONLY RECEIVED OCT 0 4 2016 CITY OF CARLSBAD PLANNING DIVISION DATE STAMP APPLICATION RECEIVED RECEIVED BY: /31 R...„ P-1 Page 2 of 6 Revised 03/16 CC •Ay of PROJECT DESCRIPTION Development Services Planning Division Carlsbad P-1(B)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME:West Steak & Seafood Expansion APPLICANT NAME:West Real Estate, LLC 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: P-1(B)Page 1 of 1 Revised 07/10 %me HowesWeiler Nftii) ,-----&Associates7"LAND USE PLANNING AND ENGINEERING PROJECT DESCRIPTION West Steakhouse Expansion OCTOBER 2016 DEVELOPMENT OVERVIEW This development proposal would allow for a 1,508 square foot expansion of the existing West Steakhouse located at 4980 Avenida Encinas in Carlsbad. The West Steakhouse was approved as part of the Cannon Court CUP 99-30 which allowed for a 16-pump gas station and mini-mart, an 86-room hotel, and two restaurants including the 4,800 square feet West Steakhouse and 7,770 square feet West Bistro with 333 parking spaces on a 6.51 acre site. The project is located at the northwest corner of Cannon Road and Interstate 5 in the C-T-Q Overlay Zone and the Commercial/Tourist zone. Although restaurants are allowed as a permitted use in the C-T zone,the 1,508 square foot expansion of the West Steakhouse requires the approval of a Minor Conditional Use Permit. Additionally, the proposed project will require the processing of an "Adjustment Plat" application to allow for the 1,508 square foot expansion onto the adjacent lot. The original development included subdivision of the Cannon Court property into four "postage stamp"lots and one common lot which contains the private driveway and much of the parking to allow for reciprocal parking and access between properties. The West Steakhouse is located on "Parcel 2", and the proposed expansion will encroach onto "Parcel 5". This application is submitted concurrently with this MCUP application. The proposed expansion of the West Steakhouse will provide a banquet room for visitors to the Cannon Court facility as well as Carlsbad residents. The banquet room will be used for special occasions and gatherings. The Cannon Court was designed in the "Village" architectural style and featured high quality design and detailing; the proposed expansion will be consistent with the original architectural style of the approved restaurant. PARKING When Cannon Court was originally constructed, the City of Carlsbad parking requirements for restaurants were greater than they are currently (See attached Parking Table below).Per the Cannon Court CUP 99-30,the original project was constructed with 333 parking spaces.If the project was built today under the current parking standards, the project would require 311 on- site parking spaces. Currently, four parking spaces in the parking garage are being used as storage, thereby reducing on-site parking by four spaces for a total of 329 existing parking spaces on-site. The proposed expansion of the West Steakhouse will encroach onto the existing parking lot, removing a total of eight (8) parking spaces. This reduction in parking will result in 321 parking spaces remaining on- site. 2888 Loker Avenue East,Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 760 929.2288 HowesWeiler & Associates LAND USE PLANNING AND ENGINEERING Under current parking standards, the required parking for the Cannon Court project would be a total of 311 parking spaces,as shown in the Table below. With implementation of the proposed project, ten (10) excess parking spaces will remain on-site (321-311=10 spaces). WEST STEAKHOUSE EXPANSION -PARKING TABLE 1.HOTEL 1.2/room plus 103 1.2/room 104 86 rooms dining/kitchen area @1 space/100 sq. ft. 2.GAS STATION-1 space/300 sq.ft.8 1 space/300 sq. ft.5 MINI MARKET plus 3 employee (retail) (mini-mart 1500 sq.ft.) 3.WEST 20 spaces, plus 76 4,000 sq.ft. or 56 STEAKHOUSE 1/50 sq.ft.in greater=40 spaces 4800 sq. ft.excess of 2,000 sq.plus 1/50 sq. ft. in ft.excess of 4,000 sq. ft. 4.WEST N/A N/A 1/50 sq. ft. in 30 STEAKHOUSE excess of 4,000 sq. EXPANSION ft. 1508 sq.ft. 5.WEST BISTRO 20 spaces, plus 136 4,000 sq. ft. or 116 7,770 sq. ft.1/50 sq. ft. in greater=40 spaces excess of 2,000 sq.plus 1/50 sq. ft. in ft.excess of 4,000 sq. ft. TOTAL 332 spaces 333*N/A 311 required per provided original approval CURRENT PARKING: Four parking garage spaces are currently covered with storage structures reducing the onsite parking spaces from 333* to 329. 2888 Laker Avenue East,Suite 217, Carlsbad, CA 92010 www.hwplanninq.com 760.929.2288 -— el"*, \Nil HowesWeiier ,-------------&Associates LAND USE PLANNING AND ENGINEERING +The proposed project will result in the removal of eight (8) parking spaces. +Current CMC Title 21.44.020 parking requires a total of 311 parking spaces. +Existing on-site parking is 329 minus 8 spaces (proposed project)for a total of 321 parking spaces on-site (329-8=321 spaces). +With implementation of the proposed project, ten (10)excess parking spaces will remain on-site (321-311=10 spaces). ENVIRONMENTAL The expansion project will be consistent with existing site drainage and will comply with all construction water quality standards. Additionally, based on the 2002 SANDAG Trip Generation Guide,the proposed expansion will create 150 ADTs based on square footage. The proposed project will not alter circulation on site. The project is located in the Agua Hedionda Local Coastal Program and may require an amendment to the approved Coastal Development permit processed through the California Coastal Commission. The project will comply with all applicable requirements of Local Facilities Management Zone for Zone 3. 2888 Loker Avenue East,Suite 217, Carlsbad. CA 92010 www.hwplanninq.com 760.929.2288 ,A.411.4 Development Services City of DISCLOSURE STATEMENT Planning Division Carlsbad P-1(A)1635 Faraday Avenue (760) 602-4610 www.cartsbadca.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 John Buza Corp/Part West Real Estate, LLC Title Pfl_Title P.O. Box 676066 AddressSigte 4/241.4o4 At *341"Address Rancho Santa Fe, CA 92067 P&+-.0 CAI 9 ze 0 52.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 legalownership(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 D GNN.S oBR Corp/Part West Real Estate, LLC Title Aix A/A6 '.Tee.Title P.O. Box 676066 Address 5 7 94 '4-MAD A IR.*'-3 0 0 Address Rancho Santa Fe, CA 92067 CARLS4St't CA 9 20d8 P-1(A)Page 1 of 2 Revised 07/10 -------_ ,...,,,,',goof 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? nYes [11No If yes, please indicate person(s): NOTE:Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. O -,,.,g-ci 17)1'SiJ 0674.06Signure of owner/date Si nature of applicant/ate "DE.AN IS OgAle7x.) va......'9 W e5v (ZEAL 6S3-&-r "- ..)L LC_Vodel 8t/t4 Print or type name of owner Print or type name of applicant ii /)(41'&VA- . 0/40ZSigure of owner/ap t's agent if applicable/date Kathy Steindiberger, Howes Weiler & Associates Print or type name of owner/applicant's agent P-1(A)Page 2 of 2 Revised 07/10 HAZARDOUS WASTE Development ServicesCCityofAND SUBSTANCES Planning Division Carlsbad STATEMENT 1635 Faraday Avenue P-1((760)602-4610C)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): 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 Name:John Buza Name:West Real Estate, LLC Address:6 -79&4am4/3i2-b2.4e&-30 a Address:P.O. Box 676066 C.44./c45443 G/4 92_19 o o Rancho Santa Fe, CA 92067 Phone Number: C7 br.)/PO Z -s 7 to/Phone Number:619.756.5338 Address of Site:4980 Avenida Encinas, Carlsbad, CA 92008 Local Agency (City and County):City of Carlsbad, County of San Diego Assessors book, page, and parcel number:210-011 -02; 210-011 -05 Specify list(s): Regulatory Identification Number: Date of List: /7 `Co Od"-P-%7//tAlicant Signa re/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 EIA INFORMATION Development Services ti (?°*d•Ay of FORM Planning Division Carlsbad P-1(D)1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov INSTRUCTION SHEET FOR COMPLETING AN ENVIRONMENTAL IMPACT ASSESSMENT INFORMATION FORM This Environmental Information Form will be used to assist staff in determining what type of environmental documentation (i.e.,Environmental Impact Report,Mitigated Negative Declaration,Negative Declaration or Exemption)will be required to be prepared for your application,per the California Environmental Quality Act (CEQA)and Title 19 of Carlsbad's Municipal Code.The clarity and accuracy of the information you provide is critical for purposes of quickly determining the specific environmental effects of your project. Any environmental studies (i.e.,biological,cultural resource,traffic,noise)that are necessary to substantiate a "no impact"or "yes impact"determination should be submitted as an attachment to this Environmental Information Form.This is especially important when a Negative Declaration is being sought.The more information provided in this form,the easier and quicker it will be for staff to complete the Environmental Impact Assessment Form —Initial Study. P-1(D)Page 1 of 4 Revised 07/10 .1.MN.. %Or *Aid ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed:(To be completed by City) Application Number(s): General Information 1.Name of project:West Steak & Seafood -Expansion 2.Name of developer or project sponsor:West Real Estate, LLC Address:P.O. Box 676066 City, State, Zip Code:Rancho Santa Fe, CA 92067 Phone Number:619.756.5338 3.Name of person to be contacted concerning this project:Mike Howes/Kathy Steindlberger Address:2888 Loker Avenue E, Suite 217 City, State, Zip Code:Carlsbad, CA 92010 Phone Number:760.929.2288 4.Address of Project:4980 Avenida Encinas, Carlsbad CA 92008 Assessor's Parcel Number:210-011 -02; 210-011 -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: Amendment to Coastal Development Permit, Ca Coastal Commission 6.Existing General Plan Land Use Designation:Visitor Commercial (VC) 7.Existing zoning district:Commercial Tourist (C-T-Q) 8.Existing land use(s):Restaurant 9.Proposed use of site (Project for which this form is filed):Existing restaurant - banquet room expansion. Project Description 10.Site size:6,308 s.f. 11.Proposed Building square footage:1508 s.f. addition to 4,800 s.f restaurant 12:Number of floors of construction:one 13.Amount of off-street parking provided:321 spaces 14.Associated projects: P-1(D)Page 2 of 4 Revised 07/10 e0-4, 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: 1508 s.f. banquet room added onto West Steakhouse; neighborhood oriented; will not alter loading area of existing restaurant behind the facility. 17.If industrial, indicate type, estimated employment per shift, and loading facilities: 18.If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 19.If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: Requires Minor CUP for 1508 s.f. expansion of West Steak & Seafood. 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 ID 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. 23.Significant amounts of solid waste or litter. 0 24.Change in dust, ash, smoke, fumes or odors in vicinity. 25.Change in ocean,bay,lake,stream or ground water quality or quantity,or 1:1 El alteration of existing drainage patterns. 26.Substantial change in existing noise or vibration levels in the vicinity.0 0 27.Site on filled land or on slope of 10 percent or more. 28.Use of disposal of potentially hazardous materials,such as toxic substances,0 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. Environmental Setting Attach sheets that include a response to the following questions: 32.Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects.Describe any existing structures on the site, and the use of the structures.Attach photographs of the site.Snapshots or Polaroid photos will be accepted. 33.Describe the surrounding properties,including information on plants and animals and any cultural, historical or scenic aspects.Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height,frontage,set-back,rear yard,etc.).Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date:ttidgeil) 3 i Signature:/614-1-eat Saud For:MeS P-1(D)Page 4 of 4 tAlleL C Revised 07/10 EIA West Steak & Seafood Expansion Environmental Setting 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 currently developed as part of the parking lot adjacent to the West Steakhouse. Environmental impacts on the site were evaluated as part of the Cannon Court CUP 99-30 hotel, restaurant, and gas station project existing on site. .. ,. • • 401 sa 4 11111111 ;/111C:t.; - -4410101 - ' -- _• _A 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.). The proposed expansion is located within the West development which includes a three-story hotel,two restaurants,and a gas station and a mini-market.The proposed expansion would encroach into the parking lot on the south side of the West Steakhouse. , LJ •;C4.0 4111P1.1.1113.11111.. - 0.74?' ASP- -„ -• ' 17)."•.-"eD ', •• TIME LIMITS ON Development Services City of DISCRETIONARY Planning Division Carlsbad PROJECTS 1635 Faraday Avenue (760) 602-4610P-1(E)www.carlsbadca.gov PLEASE NOTE: Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City.The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete.Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete.If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e.,clarification regarding a specific requirement or whether all requirements are necessary for your particular application) please call (760) 602-4610. Applicant Signature:q7.e2.4_.A-ES .Wes''/4„84.._C-Sr4-m.LLC Staff Signature: Date:l7 / To be stapled with receipt to the application P-1(E)Page 1 of 1 Revised 07/10 ity of STORM WATER STANDARDS Development Services k_QUESTIONNAIRE Land Development Engineering Carlsbad E-34 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual).To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision,discretionary permits and/or construction permits).The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project.Depending on the outcome,your project will either be subject to 'STANDARD PROJECT'requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts.City staff has responsibility for making the final assessment after submission of the development application.If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you, this will result in the return of the development application as incomplete.In this case, please make the changes to the questionnaire and resubmit to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application.Only onecompletedandsignedquestionnaireisrequiredwhenmultipledevelopmentapplicationsforthesameprojectare submitted concurrently. PROJECT INFORMATION PROJECT NAME:West Steak & Seafood Expansion PROJECT ID: ADDRESS: 4980 Avenida Encinas, Carlsbad, CA 92008 APN: 210-011 -02; 210-011-05 The project is (check one):0 New Development Zi Redevelopment The total proposed disturbed area is:1508 ft2 ()acres The total proposed newly created and/or replaced impervious area is:1508 fS ()acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID SWQMP #: Then,go to Step 1 and follow the instructions.When completed,sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 02/16 'sow STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project'and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', go to Step 2. STEP 2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following: YES NO 1.Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a)Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; b)Designed and constructed to be hydraulically disconnected from paved streets or roads; c)Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets guidance? 2.Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in accordance with the USEPA Green Streets guidance? 123 3.Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual?0 If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ..." and complete applicant information. Discussion to justify exemption (e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 SUP 3 TO BE COMPLETED FORM StateassovatopiosirmatOw To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1)): YES NO 1.Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site?This includes commercial,industrial,residential,mixed-use,0 0 and public development projects on public or private land. 2.Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or 0 L21more of impervious surface?This includes commercial,industrial,residential,mixed-use,and public development projects on public or private land. 3.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant?A restaurant is a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and 0 0 refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4.Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project?A hillside 0 12:1 development project includes development on any natural slope that is twenty-five percent or greater. 5.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is 0 0alandareaor facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6.Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a street,road,highway 0freeway or driveway?A street,road,highway,freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, and other vehicles. 7.Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)?"Discharging Directly to" includes flow that is conveyed overland a distance of 0 0 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not commingled with flows from adjacent lands)." 8.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop?An automotive repair 0shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9.Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)?This category includes 0RGO's that meet the following criteria: (a) 5,000 square feet or more or (b)a project Average Daily Traffic (ADT)of 100 or more vehicles per day. 10.Is your project a new or redevelopment project that results in the disturbance of one or more acres of land and are expected to generate pollutants post construction?0 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2)increases impervious surface on the property by more than 10%?(CMC 0 0 21.203.040) If you answered "yes" to one or more of the above questions, your project is a PDP.If your project is a redevelopment project, go to step 4.If your project is a new project, go to step 5, check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.'Go to step 5, check the second box stating "My project is a 'STANDARD PROJECT'..." and complete applicant information. E-34 Page 3 of 4 REV 02/16 c —S *sert STEP 4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): YES NO Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50%of the surface area of the previously existing development?Complete the percent impervious calculation below: Existing impervious area (A) =sq. ft.0 0 Total proposed newly created or replaced impervious area (B)=sq. ft. Percent impervious area created or replaced (B/A)*100 =% If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development.Go to step 5, check the first box stating "My project is a PDP ..." and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development.Go to step 5, check the check the first box stating "My project is a PDP ..." and complete applicant information. STEP 5 CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION 0 My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual.I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. 0 My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual.As part of these requirements,I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. 0 My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Name:John Buza Applicant Title:/36S.1.14srr ii-epaet47E...£LC_ Applicant Signature:10.----Date:9//14— *Environmentally Sensitive Areas include but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE beneficial use by the State Water Resources Control Board meter Quality Control Plan for the San Diego Basin (1994)and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. This Box for City Use Only YES NO City Concurrence:El El By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 sows 4 AWN '44Id 0 CHICAGO TITLE PRELIMINARY REPORT COMPANY Order No.:73716008066-PM Property:Avenida Encinas (Vacant ) Carlsbad, CA 92008 In response to the application for a policy of title insurance referenced herein,Chicago Title Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions 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 ofLiability for certain coverages are also set forth in Attachment One.Copies of the policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions 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. Chicago Title Insurance Company By: Countersigned By: ttsisnomp40.4.4_, 111,114' 1111k: President Attest: Authorized Officer or Agent "NS& Secretary CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 Visit Us on our Website:www.ctic.com CHICAGO TITLE COMPANY ISSUING OFFICE:2365 Northside Drive, Suite 600, San Diego, CA 92108 FOR SETTLEMENT INQUIRIES, CONTACT: West Development LLC 5796 Armada Drive, Suite 300 •Carlsbad, CA 92008 •FAX PRELIMINARY REPORT Title Officer:Patty Meredith Customer:Karen Falette Email:patty.meredith@ctt.com Email:KLFalette@WestDevLLC.com Phone No.:(619)521-3449 Phone No.: Fax No.:(619)209-3494 Fax No.: Title No.: 73716008066-PM Ref. No.: PROPERTY ADDRESS(ES): Avenida Encinas (Vacant ),Carlsbad, CA EFFECTIVE DATE:June 17, 2016 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy 1990 (04-08-14) ALTA Loan Policy 2006 1.The estate or interest in the Land hereinafter described or referred to covered by this Report is: Fee 2.Title to said estate or interest at the date hereof is vested in: West Real Estate, LLC 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 Fonn -Modified (Adopted:11.17.2006)Printed:0628.16 ©08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 EXHIBIT "A" Legal Description For APN/Parcel ID(s):210-011-05-00 Parcel 5 of Parcel Map No. 19380, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof, filed in the Office of the County Recorder of San Diego County, December 2, 2003. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 ©08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 Title No.:73716008066-PM AT THE DATE HEREOF,EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1.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. 2.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 of Policy. 3.Property taxes, including any personal property taxes and any assessments collected with taxes, are paid.For proration purposes the amounts were: Tax Identification No.:210-011-05-00 Fiscal Year:2015-2016 1st Installment:$19,198.22 2nd Installment $19,198.22 Code Area:09170 4.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 document, Recording Date:May 2, 1952 Recording No.:Book 4456, page 192 Official Records Affects:Interstate 1-5 5.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 document, Recording Date:January 5, 1967 Recording No.:File No. 1233 Official Records Affects:Interstate 1-5 6.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 document, Recording Date:March 20, 1969 Recording No.:File No. 48604 Official Records Affects:Portion of Cannon Road 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:June 30, 1998 Recording No.:File No. 1998-0403114 Official Records Affects:the route thereof affects a portion of said land and is more fully described in said document. 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:June 30, 1998 Recording No.:File No. 1998-0403115 Official Records Affects:the route thereof affects a portion of said land and is more fully described in said document. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 NowilioNIONNIONI OM v. N#11101 Title No.:73716008066-PM 9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:June 30, 1998 Recording No.:File No. 1998-0403116 Official Records Affects:the route thereof affects a portion of said land and is more fully described in said document. 10.A deed of trust to secure an indebtedness in the amount shown below, Amount:$3,800,000.00 Dated:June 30, 1998 Trustor/Grantor Cannon Investment Partners, LLC Trustee:Stewart Title Company of San Diego Beneficiary:Pacific Diversified Capital Corporation Loan No.:not shown Recording Date:June 30, 1998 Recording No.:1998-0403118 Affects:The herein described Land and other land. This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto.In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s).Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. 11.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:April 1,1999 Recording No.:File No. 1999-0217139 Official Records Affects:the route thereof affects a portion of said land and is more fully described in said document. Said instrument provides or establishes:Easement Agreement CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 Title No.:73716008066-PM 12.A deed of trust which purports to secure performance of an agreement referred to therein, and any other obligations secured thereby Dated:March 29, 1999 Trustor/Grantor:West Development, Inc., a Nebraska Corporation Trustee:Stewart Title of California, Inc. Beneficiary:San Diego Gas & Electric Company,a California Corporation Reference:Easement Grant Deed and Agreement Recording Date:April 1,1999 Recording No.:File No. 1999-0217140 Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee:Cabrillo Power,1,LLC Recording Date:May 21, 1999 Recording No.:File No. 1999-0347269 Official Records 13.Matters contained in that certain document Entitled:Amended and Restated Easement Grant Deed and Agreement Recording Date:May 7, 1999 Recording No.:File No. 1999-0313275 Official Records Reference is hereby made to said document for full particulars. 14.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:public utilities and access Affects:as shown on said map Recording No.:Parcel Map No. 19380 15.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:public street and utility Affects:as shown on said map Recording No.:Parcel Map No. 19380 16.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:site distance corridor Affects:as shown on said map Recording No.:Parcel Map No. 19380 17.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:public trail Affects:as shown on said map Recording No.:Parcel Map No. 19380 CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 0°- •Title No.:73716008066-PM 18.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose:storm drainage Affects:as shown on said map Recording No.:Parcel Map No. 19380 19.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 said map/plat. Affects:Cannon Road, except for Access Opening No.1 20.Matters contained in that certain document Entitled:Notice and Waiver Concerning Proximity of the Planned or Existing Cannon Road, Interstate 5 and San Diego Northern Railroad Transportation Corridor Case No. CUP 99-30/PUD 00-109/MS 99-16 - Cannon Court Recording Date:March 21, 2002 Recording No.:File No. 2002-0238473 Official Records Reference is hereby made to said document for full particulars. 21.Matters contained in that certain document Entitled:Notice and Waiver Concerning Proximity of Planned or Existing Utility Distribution Facilities, Case No. CUP-30/PUD 00-109/MS 99-16 -Cannon Court Recording Date:March 21, 2002 Recording No.:File No. 2002-0238474 Official Records Reference is hereby made to said document for full particulars. 22.Matters contained in that certain document Entitled:Notice of Restriction on Real Property Recording Date:March 21, 2002 Recording No.:File No. 2002-0238476 Official Records Reference is hereby made to said document for full particulars. 23.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:November 27, 2002 Recording No.:File No. 2002-1076954 Official Records Reference is hereby made to said document for full particulars. 24.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:November 27, 2002 Recording No.:File No. 2002-1076955 Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 %11 •Title No.:73716008066-PM 25.Matters contained in that certain document Entitled:Declaration of Joint Use Parking Agreement for Cannon Court Recording Date:March 12, 2003 Recording No.:File No. 2003-0279554 Official Records Reference is hereby made to said document for full particulars. 26.Declaration of covenants, conditions and restrictions 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, citizenship, immigration status, primary language, 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 below document, which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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: Recording Date:March 12, 2003 Recording No:File No. 2003-0279555 Official Records 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 is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. Said instrument provides or establishes:Reciprocal Easements for Cannon Court 27.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:July 16, 2003 Recording No.:File No. 2003-0844674 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 28.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:August 20, 2003 Recording No.:File No. 2003-1013012 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 29.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:May 24, 2005 Recording No.:File No. 2005-0435661 Official Records Affects:the exact location and extent of said easement is not disclosed of record. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 euiN Title No.:73716008066-PM 30.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:February 9, 2007 Recording No.:File No. 2007-0093490 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 31.Any 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. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 •Title No.:73716008066-PM NOTES Note 1.If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions.Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document.Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 2.If this company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts.The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period of from two to five business days after the day deposited.In the event that the parties to the contemplated transaction wish to record prior to the time that the funds are available for disbursement (and subject to Company approval), the Company will require the prior written consent of the parties.Upon request, a form acceptable to the company authorizing said early recording may be provided to Escrow for execution. Wire Transfers There is no mandated hold period for funds deposited by confirmed wire transfer.The Company may disburse such funds the same day. Note 3.Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third-party service.If the above requirements cannot be met, please call the company at the number provided in this report. Note 4.A Preliminary Change of Ownership form is required upon a change in ownership of the Land. Section 480 of the Revenue and Taxation Code of the State of California requires that a grantee of real property complete a Preliminary Change of Ownership statement, which is to be filed at the time that a grant deed is recorded.In the event that the statement is not completed and presented at the time of the recording of the deed, the recorder will assess the grantee an additional charge to record the deed. Note 5.Your application for title insurance was placed by reference to only a street address or tax identification number.Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested.If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 •Title No.:73716008066-PM Note 6.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company:West Real Estate, LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Note 7.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company:West Family Holdings, LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 •Title No.:73716008066-PM Note 8.In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies):members/owner The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE:The Statement of Information is necessary to complete the search and examination of title under this order.Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name.Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Note 9.Note:There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF NOTES CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.28.16 @ 08:22 AM CA-CT-FWDO-02180.055820-SPS-1-16-73716008066 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 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 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)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured 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 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. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices 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. 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. Attachment One (06/05/14) ATTACHMENT ONE (CONTINUED) 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 of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack ofa 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: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A $10,000.00 or $2,500.00 (whichever is less) Covered Risk 18:1.00% of Policy Amount Shown in Schedule A $25,000.00 Or $5,000.00 (whichever is less) Covered Risk 19:1.00% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21:1.00% of Policy Amount Shown in Schedule A $5,000.00 or $2,500.00 (whichever is less) Attachment One (06/05/14) ATTACHMENT ONE (CONTINUED) 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 of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 11,13, or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the 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 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 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: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance, violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] Attachment One (06/05/14) %oho. ATTACHMENT ONE (CONTINUED) 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 govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 (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 govemmental 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 of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance, violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records.] 7.[Variable exceptions such as taxes, easements, CC&R's, etc., shown here.] Attachment One (06/05/14) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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 of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,16, 17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law.This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity,unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation 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. 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 (06/05/14) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective:April 1,2016 Order No.:73716008066LB At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers.This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information.A summary of our privacy practices is below.We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information,information directly from you from applications,forms,or social security number (SSN),driver's license,other communications we receive from you,or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser,products or services to you. We may also collect browsing computer and/or mobile device.information from your Internet browser,computer,mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your information to Security Of Your Information. We utilize a combination provide products and services to you (or someone on your of security technologies,procedures and safeguards to behalf),to improve our products and services,and to help protect your information from unauthorized access, communicate with you about our products and services.use and/or disclosure. We communicate to our employees We do not give or sell your personal information to parties about the need to protect personal information. outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit When We Share Information.We may disclose your personal information is entirely up to you. You can opt-out information to third parties providing you products and of certain disclosures or use of your information or choose services on our behalf,law enforcement agencies or to not provide any personal information to us.governmental authorities,as required by law,and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website. We are not responsible for information from children under the age of thirteen (13),the privacy practices of third parties,even if our website and our websites are not intended to attract children.links to those parties' websites. Access and Correction.If you desire to see the Do Not Track Disclosures. We do not recognize "do not information collected about you and/or correct any track" requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act.Certain International Use. By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer,processing and storage of loan servicers. The mortgage loan servicer is responsible such information outside your country of residence, as well for taking action or making changes to any consumer as the fact that we will handle such information consistent information submitted through those websites.with this Privacy Notice. Your Consent To This Privacy Notice.By submitting Contact FNF. If you have questions or wish to contact us information to us and using our websites,you are regarding this Privacy Notice,please use the contact accepting and agreeing to the terms of this Privacy Notice.information provided at the end of this Privacy Notice. Privacy Statement Printed:06.28.16 t 08:22 AM by PM SCA0002597.doc / Updated:04.01.16 —73716008066 coo' FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy.We may collect Browsing Information from you as follows: We pledge to take reasonable steps to protect your Personal •Browser Lou Files. Our servers automatically log, collect andInformation (as defined herein) and to ensure your information is record certain Browsing Information about each visitor to theused in compliance with this Privacy Notice.Website.The Browsing Information includes only generic This Privacy Notice is only in effect for information collected information and reveals nothing personal about the user. and/or owned by or on behalf of FNF, including collection through •Cookies. From time to time, FNF may send a "cookie" to your any FNF website or online services offered by FNF (collectively,computer when you visit the Website.A cookie is a small the "Website"),as well as any information collected offline piece of data that is sent to your Internet browser from a web (e.g., paper documents). The provision of this Privacy Notice to server and stored on your computer's hard drive. When you you does not create any express or implied relationship,nor visit the Website again,the cookie allows the Website to create any express or implied duty or other obligation,between recognize your computer,with the goal of providing an FNF and you.optimized user experience.Cookies may store user preferences and other information.You can choose not toTypes of Information Collected accept cookies by changing the settings of your InternetWe may collect two (2) types of information: Personal Information browser.If you choose not to accept cookies,then someand Browsing Information.functions of the Website may not work as intended. Personal Information.The types of personal information FNF Use of Collected Informationcollects may include, but are not limited to:Information collected by FNF is used for three (3) main purposes: •contact information (e.g.,name,address,phone number,•To provide products and services to you, or to one or moreemail address);third party service providers who are performing services on •social security number (SSN),driver's license,and other your behalf or in connection with a transaction involving you; government ID numbers; and •To improve our products and services; and•financial account or loan information.•To communicate with you and to inform you about FNF's Browsing Information.The types of browsing information FNF products and services. collects may include, but are not limited to:When We Share Information•Internet Protocol (or IP) address or device ID/UDID, protocol We may share your Personal Information (excluding information and sequence information;we receive from consumer or other credit reporting agencies) and •browser language;Browsing Information with certain individuals and companies,as permitted by law, without first obtaining your authorization.Such•browser type;disclosures may include, without limitation, the following:•domain name system requests;•to agents,representatives,or others to provide you with•browsing history;services or products you have requested, and to enable us to •number of clicks;detect or prevent criminal activity,fraud,or material misrepresentation or nondisclosure;•hypertext transfer protocol headers; and •to third-party contractors or service providers who provide•application client and server banners.services or perform other functions on our behalf; How Information is Collected •to law enforcement or other governmental authority in In the course of our business,we may collect Personal connection with an investigation,or civil or criminal Information about you from the following sources:subpoenas or court orders; and/or •applications or other forms we receive from you or your •to other parties authorized to receive the information in authorized representative, whether electronic or paper;connection with services provided to you or a transaction •communications to us from you or others;involving you. •information about your transactions with,or services performed by, us, our affiliates or others; and •information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. Privacy Statement Printed:06.28.16 @ 08:22 AM by PM SCA0002597.doc / Updated:04.01.16 —73716008066 We may disclose Personal Information and/or Browsing privacy Outside the Websit• Information when required by law or in the good-faith belief that The Website may contain links to other websites, including links to such disclosure is necessary to:websites of third party service providers. FNF is not and cannot be •comply with a legal process or applicable laws;responsible for the privacy practices or the content of any of those •enforce this Privacy Notice;other websites. •investigate or respond to claims that any information International Users provided by you violates the rights of a third party; or Because FNF's headquarters is located in the United States, we •protect the rights,property or personal safety of FNF,its may transfer your Personal Information and/or Browsing users or the public.Information to the United States.By using our website and providing us with your Personal Information and/or Browsing We make efforts to ensure third party contractors and service Information,you understand and consent to the transfer, providers who provide services or perform functions on our behalf processing and storage of such information outside your country protect your information. We limit use of your information to the of residence,as well as the fact that we will handle such purposes for which the information was provided. We do not give information consistent with this Privacy Notice. or sell your information to third parties for their own direct marketing use.pa Not Track Disclosures Currently,our policy is that we do not recognize "do not track" We reserve the right to transfer your Personal Information,requests from Internet browsers and similar devices. Browsing Information,as well as any other information,in connection with the sale or other disposition of all or part of the The California Online Privacy Protection Act FNF business and/or assets, or In the event of our bankruptcy,For some websites which FNF or one of its companies owns, such reorganization, insolvency, receivership or an assignment for the as the Customer CareNet (CCN"), FNF is acting as a third party benefit of creditors. You expressly agree and consent to the use service provider to a mortgage loan servicer. In those instances, and/or transfer of this information in connection with any of the we may collect certain information on behalf of that mortgage loan above described proceedings.We cannot and will not be servicer, induding: responsible for any breach of security by any third party or for any •first and last name; actions of any third party that receives any of the information that •property address; is disclosed to us.•user name and password; Choices With Your Information •loan number, Whether you submit your information to FNF is entirely up to you.•social security number -masked upon entry; If you decide not to submit your information, FNF may not be able •email address;to provide certain products or services to you. You may choose to prevent FNF from using your Information under certain •security questions and answers; and circumstances ("opt out").You may opt out of receiving •IP address. communications from us about our products and/or services.The information you submit is then transferred to your mortgage Security And Retention Of Information loan servicer by way of CCN.The mortgage loan servicer is FNF is committed to protecting the information you share with us responsible for taking action or making changes to any and utilizes a combination of security technologies,procedures consumer information submitted through this website.For and safeguards to help protect it from unauthorized access, use example,if you believe that your payment or user information and/or disclosure. FNF trains its employees on privacy practices is incorrect, you must contact your mortgage loan servicer. and on FNF's privacy and information security policies.FNF works hard to retain information related to you only as long as CCN does not share consumer information with third parties, other reasonably necessary for business and/or legal purposes.than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Infonnadon From Children Notice apply to your Interaction with CCN, except for the sections The Website is meant for adults. The Website is not intended or titled Choices with Your Information, and Access and Correction. if designed to attract children under the age of thirteen (13). We do you have questions regarding the choices you have with regard to not collect Personal Information from any person that we know to your personal information or how to access or correct your be under the age of thirteen (13)without permission from a personal information, contact your mortgage loan servicer. parent or guardian.Contact FNF Access and Correction Please send questions and/or comments related to this Privacy To access your Personal Information in the possession of FNF Notice by email at privacy@inf.com or by mail at: and correct inaccuracies,please contact us by email at privacvaInf.com or by mail at:Fidelity National Financial, Inc. 601 Riverside Avenue Fidelity National Financial, Inc.Jacksonville, Florida 32204 601 Riverside Avenue Attn:Chief Privacy Officer Jacksonville, Florida 32204 Attn:Chief Privacy Officer Copyright 2016. Fidelity National Financial, Inc. Your Consent To This Privacy Notice All Rights Reserved. By submitting Personal Information and/or Browsing Information EFFECTIVE AS OF APRIL 1,2016to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Privacy Statement Printed:06.28.16 0 08:22 AM by PM SCA0002597.doc / Updated:04.01.16 —73716008066 4e- 'Sow/ Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment.Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the 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 Underwritten by FNF Underwriters CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within twelve (12) to thirty-six (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 (CTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (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 fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope 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 fifty percent (50%)to seventy percent (70%)of the appropriate title insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be thirty-two percent (32%)to fifty percent (50%)of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts Printed:06.28.16 Cf!08:22 AM by PM SCA0002598.doc /Updated:12.05.14 —73716008066 e--. %Nog .. 1 s (4 ;1 c›7 1 1868 cc.a I c.i I i t 1 94-II '+la. 1--aliiEr4 N 1 • (.41) CI R...., a. •A-0-2° i •Wei 5 1 I•.r ,- woo li ca'Ca)\..•.a 5ii._,-$1 ...„opvs...-9.4.p -to000 -ea KW .„ ...*Vat.....v s'Igoe •a 4 ..- ..,0 1 . VW P1a ....-• oi 0)0 *woo tam a imitilMt 1=1IN MIN SI Al MIN SOW/1110111111101111/0 MMIII71Illgli11111110/11MEMON urn OMANUMWMI IMAM mamull VN LIME)0007M410 This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey ofthe land Ler depicted. Except to the extent a policy of title insurance is expressly modified by endorsement,ifany, the Company does not insure dimensions, distances, location ofeasements, I 73716008066 acreage or other mattertstown thereon.VOW 1 OT Rctcdcqu 8yl CTCORNA,Natal!6/27/2016 9116 AM Doc: SD:A 210-1 es-N Nod 0 CHICAGO TITLE COMPANY PRELIMINARY REPORT Order No.:73716008065-PM Property:4980 Avenida Encinas Carlsbad, CA 92008 In response to the application for a policy of title insurance referenced herein,Chicago Title Company hereby reports that it is prepared to issue,or cause to be issued,as of the date hereof,a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One.The policy to be issued may contain an arbitration clause.When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties.Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.Copies of the policy forms should be read.They are available from the office which issued this report. This report (and any supplements or amendments hereto)is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby.If it is desired that liability be assumed prior to the issuance ofa policy of title insurance, a Binder or Commitment should be requested. The policy(ies)oftitle insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions 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. Chicago Title insurance Company By: Countersigned By:issuftittt.44444-4--, 41j President —la Attest:a Authorized Officer or Agent Secretary CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 ©12:33 PM CA-CT-FVVD0-02130.055820-SPS-1-16-737160011066 VIM MOdasrae. Visit Us on our Website:www.ctic.com CHICAGO TITLE COMPANY ISSUING OFFICE:2365 Northside Drive, Suite 600, San Diego, CA 92108 FOR SETTLEMENT INQUIRIES, CONTACT: West Development 5796 Armada Drive, Suite 300 •Carlsbad, CA 92008 •FAX PRELIMINARY REPORT Title Officer:Patty Meredith Customer:Karen Falette Email:patty.meredith@ctt.com Email:KLFalette@WestDevLLC.com Phone No.:(619)521-3449 Phone No.: Fax No.:(619)209-3494 Fax No.: Title No.: 73716008065-PM Ref. No.: PROPERTY ADDRESS(ES): 4980 Avenida Encinas, Carlsbad, CA EFFECTIVE DATE:June 20, 2016 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: CLTA Standard Coverage Policy 1990 (04-08-14) ALTA Loan Policy 2006 1.The estate or interest in the Land hereinafter described or referred to covered by this Report is: Fee 2.Title to said estate or interest at the date hereof is vested in: West Real Estate, LLC 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 (Adopted:11.17.2006)Printed:06.27.16 12:33 PM CA-CT-FWDO-02180.056620-SPS-1-16-737160011066 -s‘t.01111‘ ‘4111. EXHIBIT "A" Legal Description For APN/Parcel ID(s):210-011-02-00 Parcel 2 of Parcel Map No.19380,in the City of Carlsbad,County of San Diego,State of California, according to Map thereof, filed in the Office of the County Recorder of San Diego County, December 2, 2003. CLTA Preliminary Report Form-Modified (Adopted:11.17.2006)Printed:06.27.16 12:33 PM CA-CT-FVVD0-02160.055820-SPS-1-16-73716008065 Title No.:73716008065-PM AT THE DATE HEREOF,EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1.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. 2.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 of Policy. 3.Property taxes, including any personal property taxes and any assessments collected with taxes, are paid.For proration purposes the amounts were: Tax Identification No.:210-011-02-00 Fiscal Year:2015-2016 1st Installment:$9,638.03 2nd Installment $9,638.03 Code Area:09170 4.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:California Southern Railroad Company Purpose:right of way Recording Date:March 10, 1881 Recording No.:Book 38, page 171 of Deeds; August 24, 1909 in Book 476, page 40 of Deeds and May 3, 1911 in Book 519, page 333 of Deeds Affects:the exact location and extent of said easement is not disclosed of record. 5.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Telephone Company Purpose:public utilities and incidental purposes Recording Date:August 2,1941 Recording No.:Book 1200, page 421 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 6.Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Purpose:the right to inundate that portion of said land adjoining the swamp and overflow land known as the lagoon bed Recording Date:October 8, 1948 Recording No.:Book 2974, page 496 and in Book 2975, page 1 both Official Records Affects:the exact location and extent of said easement is not disclosed of record. 7.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 document, Recording Date:May 2, 1952 Recording No.:Book 4456, page 192 Official Records Affects:the street, highway or freeway abutting said land CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 12:33 PM CA-CT-FINDO-02180.055620-SPS-1-16-73716006065 Title No.:73716008065-PM 8.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 document, Recording Date:January 15, 1967 Recording No.:File No. 1233 Official Records Affects:the street, highway or freeway adjoining said land 9.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 document, Recording Date:March 20, 1969 Recording No.:File No. 48604 Official Records Affects:the freeway adjoining 10.Matters contained in that certain document Entitled:Agreement Between Owner, Developer and City of Carlsbad for Uncontrolled Stockpile Recording Date:February 11, 1992 Recording No.:File No. 1992-072559 Official Records Reference is hereby made to said document for full particulars. 11.A deed of trust to secure an indebtedness in the amount shown below, Amount:$3,800,000.00 Dated:June 30, 1998 Trustor/Grantor Cannon Investment Partners, LLC Trustee:Stewart Title Company of San Diego Beneficiary:Pacific Diversified Capital Corporation Loan No.:not shown Recording Date:June 30, 1998 Recording No.:File No. 1998-0403118 Official Records Affects:The herein described Land and other land. This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto.In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s).Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval of said demand by the trustor(s) on said deed of trust or the current owners if applicable. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 (#12:33 PM CA-CT-FWDO-02180.055820.SPS-1-16-73716008065 rr Title No.:73716008065-PM 12.A deed of trust which purports to secure performance of an agreement referred to therein, and any other obligations secured thereby Dated:March 29, 1999 Trustor/Grantor:West Deveopment Inc. Trustee:Stewart Title of California, Inc. Beneficiary:San Diego Gas & Electric Company Recording Date:April 1,1999 Recording No.:File No. 1999-217140 Official Records An assignment of the beneficial interest under said deed of trust which names: Assignee:Cabrillo Power 1,LLC Loan No.:not shown Recording Date:May 21, 1999 Recording No.:File No. 1999-347269 Official Records Matters contained in that certain document Entitled:Assignment and Assumption Agreement Recording Date:November 25, 2003 Recording No.:File No. 2003-1411260 Official Records Reference is hereby made to said document for full particulars. 13.Matters contained in that certain document Entitled:Amended and Restated Easement Grant Deed and Agreement Recording Date:May 7, 1999 Recording No.:File No. 1999-0313275 Official Records Reference is hereby made to said document for full particulars. 14.Matters contained in that certain document Entitled:Notice and Waiver Concerning Proximity of the Planned or Existing Cannon Road, Interstate 5 and San Diego Northern Railroad Transportation Corridor Case No. CUP 99-30/PUD 00-109/MS 99-16 - Cannon Court Recording Date:March 21, 2002 Recording No.:File No. 2002-0238473 Official Records Reference is hereby made to said document for full particulars. 15.Matters contained in that certain document Entitled:Notice and Waiver Concerning Proximity of Planned or Existing Utility Distribution Facilities, Case No. CUP-30/PUD 00-109/MS 99-16 -Cannon Court Recording Date:March 21, 2002 Recording No.:File No. 2002-0238474 Official Records Reference is hereby made to said document for full particulars. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 12:33 PM CA-CT-FWDO-02180.0551120-SPS-1-16-73716008065 ark Tide No.:73716008065-PM 16.Matters contained in that certain document Entitled:Hold Harmless Agreement Drainage Recording Date:November 27, 2002 Recording No.:File No. 2002-1076954 Official Records Reference is hereby made to said document for full particulars. 17.Matters contained in that certain document Entitled:Hold Harmless Agreement Geological Failure Recording Date:November 27, 2002 Recording No.:File No. 2002-1076955 Official Records Reference is hereby made to said document for full particulars. 18.Matters contained in that certain document Entitled:Declaration of Joint Use Parking Agreement for Cannon Court Recording Date:March 12, 2003 Recording No.:File No. 2003-0279554 Official Records Reference is hereby made to said document for full particulars. 19.Declaration of covenants, conditions and restrictions 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, citizenship, immigration status, primary language, 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 below document, which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; 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: Recording Date:March 12, 2003 Recording No:File No. 2003-0279555 Official Records 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 is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value. Said instrument provides or establishes:Reciprocal Easements for Cannon Court 20.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:July 16, 2003 Recording No.:File No. 2003-0844674 Official Records Affects:the exact location and extent of said easement is not disclosed of record. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 12:33 PM CA-CT-FVVD0-02180.055620-SPS-1-16-73716006065 Title No.:73716008065-PM 21.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:August 20, 2003 Recording No.:File No. 2003-1013012 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 22.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:May 24, 2005 Recording No.:File No. 2005-0435661 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 23.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:San Diego Gas & Electric Company Purpose:public utilities and incidental purposes Recording Date:February 9, 2007 Recording No.:File No. 2007-0093490 Official Records Affects:the exact location and extent of said easement is not disclosed of record. 24.Rights of parties in possession of said land.Matters affecting the rights of said parties are not shown herein. 25.Any 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. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 fa 12:33 PM CA-CT-FWDO-02180.055820-SPS-1-16-73716008065 (2:0 •Title No.:73716008065-PM NOTES Note 1.If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions.Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document.Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Note 2.If this company is requested to disburse funds in connection with this transaction, Chapter 598, Statutes of 1989 mandates hold periods for checks deposited to escrow or sub-escrow accounts.The mandatory hold period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a hold period of from two to five business days after the day deposited.In the event that the parties to the contemplated transaction wish to record prior to the time that the funds are available for disbursement (and subject to Company approval), the Company will require the prior written consent of the parties.Upon request, a form acceptable to the company authorizing said early recording may be provided to Escrow for execution. Wire Transfers There is no mandated hold period for funds deposited by confirmed wire transfer.The Company may disburse such funds the same day. Note 3.Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third-party service.If the above requirements cannot be met, please call the company at the number provided in this report. Note 4.A Preliminary Change of Ownership form is required upon a change in ownership of the Land. Section 480 of the Revenue and Taxation Code of the State of California requires that a grantee of real property complete a Preliminary Change of Ownership statement, which is to be filed at the time that a grant deed is recorded.In the event that the statement is not completed and presented at the time of the recording of the deed, the recorder will assess the grantee an additional charge to record the deed. Note 5.Your application for title insurance was placed by reference to only a street address or tax identification number.Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested.If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 @ 12:33 PM CA-CT-FWDO-02180.055820-5PS-1-16-73716008065 Title No.:73716008065-PM Note 6.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company:West Real Estate, LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Note 7.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company:West Family Holdings, LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company that it was validly formed, is in good standing and authorized to do business in the state of origin. e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 ©12:33 PM CA-CT-FWDO-02180.055820-SPS-1-16-73716008065 Title No.:73716008065-PM Note 8.In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies), Party(ies):members/owner The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE:The Statement of Information is necessary to complete the search and examination of title under this order.Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name.Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Note 9.Note:There are NO conveyances affecting said Land recorded within 24 months of the date of this report. Note 10.Note:The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Commercial Building, known as 4980 Avenida Encinas, Carlsbad, CA, to an Extended Coverage Loan Policy. Note 11.Note: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. END OF NOTES CLTA Preliminary Report Form -Modified (Adopted:11.17.2006)Printed:06.27.16 ©12:33 PM CA-CT-FWDO-02180.055820-SPS-1-16-73716008065 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 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 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)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured 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 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. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices 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. 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. Attachment One (06/05/14) 111.40." ATTACHMENT ONE (CONTINUED) 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 of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.,14,15,16,18,19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes.This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it.This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or 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: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A $10,000.00 or $2,500.00 (whichever is less) Covered Risk 18:1.00% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 19:1.00% of Policy Amount Shown in Schedule A $25,000.00 or $5,000.00 (whichever is less) Covered Risk 21:1.00% of Policy Amount Shown in Schedule A $5,000.00 or $2,500.00 (whichever is less) Attachment One (06/05/14) ATTACHMENT ONE (CONTINUED) 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 of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 11, 13, or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the 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 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 of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:] Attachment One (06/05/14) -- ‘0.0. ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 (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: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage.In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records.] 7.[Variable exceptions such as taxes, easements, CC&R's, etc., shown here.] Attachment One (06/05/14) lirse ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) 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 of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 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 of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,16, 17,18,19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.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 govemmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation 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. 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 (06/05/14) FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective:April 1, 2016 Order No.:73716008065LB At Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our" or "we"), we value the privacy of our customers.This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information.A summary of our privacy practices is below.We also encourage you to read the complete Privacy Notice following the summary. Types of Information Collected. You may provide us with How Information is Collected. We may collect personal certain personal information, like your contact information,information directly from you from applications,forms,or social security number (SSN),driver's license,other communications we receive from you,or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser,products or services to you. We may also collect browsing computer and/or mobile device.information from your Internet browser,computer,mobile device or similar equipment.This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your information to Security Of Your Information. We utilize a combination provide products and services to you (or someone on your of security technologies,procedures and safeguards to behalf),to improve our products and services,and to help protect your information from unauthorized access, communicate with you about our products and services.use and/or disclosure. We communicate to our employees We do not give or sell your personal information to parties about the need to protect personal information. outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit When We Share Information.We may disclose your personal information is entirely up to you. You can opt-out information to third parties providing you products and of certain disclosures or use of your information or choose services on our behalf,law enforcement agencies or to not provide any personal information to us.governmental authorities,as required by law,and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website. We are not responsible for information from children under the age of thirteen (13),the privacy practices of third parties,even if our website and our websites are not intended to attract children.links to those parties' websites. Access and Correction.If you desire to see the Do Not Track Disclosures. We do not recognize "do not information collected about you and/or correct any track" requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act.Certain International Use. By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer,processing and storage of loan servicers. The mortgage loan servicer is responsible such information outside your country of residence, as well for taking action or making changes to any consumer as the fact that we will handle such information consistent information submitted through those websites.with this Privacy Notice. Your Consent To This Privacy Notice.By submitting Contact FNF. If you have questions or wish to contact us information to us and using our websites,you are regarding this Privacy Notice,please use the contact accepting and agreeing to the terms of this Privacy Notice.information provided at the end of this Privacy Notice. Privacy Statement Printed:06.27.16 @ 12:33 PM by WS SCA0002597.doc / Updated:04.01.16 —73716008065 Jew IIor" FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy.We may collect Browsing Information from you as follows: We pledge to take reasonable steps to protect your Personal •Browser Log Files. Our servers automatically log, collect andInformation (as defined herein) and to ensure your information is record certain Browsing Information about each visitor to theused in compliance with this Privacy Notice.Website.The Browsing Information includes only generic This Privacy Notice is only in effect for information collected information and reveals nothing personal about the user. and/or owned by or on behalf of FNF, including collection through •Cookies. From time to time, FNF may send a "cookie" to your any FNF website or online services offered by FNF (collectively,computer when you visit the Website.A cookie is a small the 'Website"),as well as any information collected offline piece of data that is sent to your Internet browser from a web (e.g., paper documents). The provision of this Privacy Notice to server and stored on your computer's hard drive. When you you does not create any express or implied relationship,nor visit the Website again,the cookie allows the Website to create any express or implied duty or other obligation,between recognize your computer,with the goal of providing an FNF and you.optimized user experience.Cookies may store user preferences and other information.You can choose not toTypes of Information Collected accept cookies by changing the settings of your InternetWe may collect two (2) types of information: Personal Information browser.If you choose not to accept cookies,then some and Browsing Information.functions of the Website may not work as intended. Personal Information.The types of personal information FNF Use of Collected Informationcollects may include, but are not limited to:Information collected by FNF is used for three (3) main purposes: •contact information (e.g.,name,address,phone number,•To provide products and services to you, or to one or moreemail address);third party service providers who are performing services on •social security number (SSN),driver's license,and other your behalf or in connection with a transaction involving you; government ID numbers; and •To improve our products and services; and •financial account or loan information.•To communicate with you and to inform you about FNF's Browsing Information.The types of browsing information FNF products and services. collects may include, but are not limited to:When We Share Information •Internet Protocol (or IP) address or device ID/UDID, protocol We may share your Personal Information (excluding information and sequence information;we receive from consumer or other credit reporting agencies) and •browser language;Browsing Information with certain individuals and companies,as permitted by law, without first obtaining your authorization.Such•browser type;disclosures may include, without limitation, the following: •domain name system requests;•to agents,representatives,or others to provide you with •browsing history;services or products you have requested, and to enable us to •number of clicks;detect or prevent criminal activity,fraud,or material misrepresentation or nondisclosure;•hypertext transfer protocol headers; and •to third-party contractors or service providers who provide•application client and server banners.services or perform other functions on our behalf; How Information is Collected •to law enforcement or other governmental authority in In the course of our business,we may collect Personal connection with an investigation,or civil or criminal Information about you from the following sources:subpoenas or court orders; and/or •applications or other forms we receive from you or your •to other parties authorized to receive the information in authorized representative, whether electronic or paper;connection with services provided to you or a transaction •communications to us from you or others;involving you. •information about your transactions with,or services performed by, us, our affiliates or others; and •information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. Privacy Statement Printed:06.27.16 ©12:33 PM by WS SCA0002597.doc / Updated:04.01.16 —73716008065 rAsms *Nori0 We may disclose Personal Information and/or Browsing privacy Outside the Website Information when required by law or in the good-faith belief that The Website may contain links to other websites, including links to such disclosure is necessary to:websites of third party service providers. FNF Is not and cannot be •comply with a legal process or applicable laws;responsible for the privacy practices or the content of any of those other websites.•enforce this Privacy Notice; •investigate or respond to claims that any information International Users provided by you violates the rights of a third party; or Because FNF's headquarters is located in the United States, we •protect the rights,property or personal safety of FNF,its may transfer your Personal Information and/or Browsing users or the public.Information to the United States.By using our website and providing us with your Personal Information and/or Browsing We make efforts to ensure third party contractors and service Information,you understand and consent to the transfer, providers who provide services or perform functions on our behalf processing and storage of such information outside your country protect your information. We limit use of your information to the of residence,as well as the fact that we will handle such purposes for which the information was provided. We do not give information consistent with this Privacy Notice. or sell your information to third parties for their own direct marketing use.Do Not Track Disclosures Currently,our policy is that we do not recognize "do not track" We reserve the right to transfer your Personal Information,requests from Internet browsers and similar devices. Browsing Information,as well as any other information,in connection with the sale or other disposition of all or part of the The California Online Privacy Protection Act FNF business and/or assets,or in the event of our bankruptcy,For some websites which FNF or one of its companies owns, such reorganization, insolvency, receivership or an assignment for the as the Customer CareNet ("CCN"), FNF is acting as a third party benefit of creditors. You expressly agree and consent to the use service provider to a mortgage loan servicer.In those instances, and/or transfer of this information in connection with any of the we may collect certain information on behalf of that mortgage loan above described proceedings.We cannot and 'Al not be servicer, including: responsible for any breach of security by any third party or for any •first and last name; actions of any third party that receives any of the information that •property address;is disclosed to us.•user name and password; Choices With Your Information •loan number; Whether you submit your information to FNF is entirely up to you.•social security number -masked upon entry;If you decide not to submit your information, FNF may not be able •email address;to provide certain products or services to you. You may choose to prevent FNF from using your information under certain •security questions and answers; and circumstances ("opt out").You may opt out of receiving •IP address. communications from us about our products and/or services.The information you submit is then transferred to your mortgage Security And Retention Of Information loan servicer by way of CCN.The mortgage loan servicer is FNF is committed to protecting the information you share with us responsible for taking action or making changes to any and utilizes a combination of security technologies,procedures consumer information submitted through this webeite.For and safeguards to help protect it from unauthorized access, use example,if you believe that your payment or user information and/or disclosure. FNF trains its employees on privacy practices is incorrect, you must contact your mortgage loan servicer. and on FNF's privacy and information security policies.FNF works hard to retain information related to you only as long as CCN does not share consumer information with third parties, other reasonably necessary for business and/or legal purposes.than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Information From Children Notice apply to your interaction with CCN, except for the sections The Website is meant for adults. The Website is not intended or titled Choices with Your Information, and Access and Correction. If designed to attract children under the age of thirteen (13). We do you have questions regarding the choices you have with regard to not collect Personal Information from any person that we know to your personal information or how to access or correct your be under the age of thirteen (13)without permission from a personal information, contact your mortgage loan servicer. parent or guardian.Contact FNF Access and Correction Please send questions and/or comments related to this Privacy To access your Personal Information in the possession of FNF Notice by email at privacvafnf.com or by mail at: and correct inaccuracies,please contact us by email at privacv(fnf.com or by mail at:Fidelity National Financial, Inc. 601 Riverside AvenueFidelity National Financial, Inc.Jacksonville, Florida 32204601Riverside Avenue Attn:Chief Privacy Officer Jacksonville, Florida 32204 Attn:Chief Privacy Officer Copyright C 2016. Fidelity National Financial, Inc. Your Consent To This Privacy Notice All Rights Reserved. By submitting Personal Information and/or Browsing Information EFFECTIVE AS OF APRIL 1,2016to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Privacy Statement Printed:06.27.16 el) 12:33 PM by WS SCA0002597.doc /Updated:04.01.16 —73716008065 Noe'.4.011 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions,a preliminary report or commitment.Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the 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 Underwritten by FNF Underwriters CTC -Chicago Title Company CTIC -Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within twelve (12) to thirty-six (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 (CTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (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 fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope 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 fifty percent (50%)to seventy percent (70%)of the appropriate title insurance rate,depending on the type of coverage selected.The charge for a lender's policy shall be thirty-two percent (32%)to fifty percent (50%)of the appropriate title insurance rate, depending on the type of coverage selected. 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