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Home My WebLink AboutCT 04-19; RESORT VIEW TOWNHOMES; Tentative Map (CT)CITY OF CARLSBAD • LAND USE REVIEW APPLICATION . 1) APPLICATIONS APPLIED FOR: (CHECK BOXES) ·----------· - (FOR DEPARTMENT USE ONLY) D Administrative Permit -2nd D Planned Industrial Permit Dwelling Unit D Administrative Variance D Planning Commission Determination D Coastal Development Permit D Precise Development Plan D Conditional Use Permit D Redevelopment Permit g Condominium Permit r:P oLf-01 D Site Development Plan D Environmental Impact D Special Use Permit Assessment D General Plan Amendment D Specific Plan D Hillside Development Permit l#)p 04--{y/ D +eRtati1.ie Parnel Ma13 Obtain from Engineering Department D Local Coastal Plan Amendment D Tentative Tract Map D Master Plan D Variance D Non-Residential Planned Development D Zone Change D Planned Development Permit D List other applications not specified 2) ASSESSOR PARCEL NO(S).: 3) PROJECT NAME: 4) BRIEF DESCRIPTION OF PROJECT: 5) OWNER NAME (Print or Type) 6) APPLICANT NAME (Print or Type) J!>. ~-K. T.1vtrE J'TY1€>,.1T ~ ~V£lof1J?EA,,IT ~ MAILING ADDRESS -Z...] fen> • Vt~ ~ /(IL)' ~·, .. , .. \ CITY AND STATE Yf71LAlr Lttv1)Ji TELEPHONE CITY AND STATE 11-i-1 Pl· 21°f a~ I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. 1?~l ~ r/'J..1/c,1 SIGNATURE DATE (FOR DEPARTMENT USE ONLY) c.ra4-1q 7) BRIEF LEGAL DESCRIPTION Mtrf 6117 NOTE: A PROPOSED PROJECT REQUlfilNG MULTIPL_!; APPLICATIONS BE F!LED, MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION BE FILED, MUST BE SUBMITTED PRIOR TO 4:00 P.M. Form 16 Rev. 05/03 PAGE 1 OF2 • 8) LOCATION OF PROJECT: STREET ADDRESS ON THE I W,;,s~ I {NORTH, UTH, EAST, WEST) s1DE OF I VJ iiJo difsiiu.o W!rtl {NAME OF STREET} I 81?1 weo "2 wd I . I {NAME OF STREET) BETWEEN AND ! AMV~ 0/.21 VII' I .(NAMEOF STREET) 9) LOCAL FACILITIES MANAGEMENT ZONE I ~ G, 10) PROPOSED NUMBER OF LOTS r--;-i 11) NUMBER OF EXISTING I ,{!}-112) PROPOSED NUMBER 1 ,~ I l_L_j RESIDENTIAL UNITS OF RESIDENTIAL UNITS-7 13) TYPE OF SUBDIVISION . ~ 14) PROPOSED IND OFFICE/ ~ 15) PROPOSED COMM D ,'p (L~«.(f' Ut.Jl;Jt, SQUARE FOOTAGE SQUARE FOOTAGE 16) PERCENTAGE OF PROPOSED D17) PROPOSED INCREASE 11~ 118) PROPOSED SEWER ~ PROJECT IN OPEN SPACE INADT USAGE IN EDU 19) GROSS SITE ACRE}\GE j.St, r20> EXISTING GENERAL ~21) PROPOSED GENERAL ~ PLAN PLAN DESIGNATION 22) EXISTING ZONING ~23) PROPOSED ZONING ~ 24) IN THE PROCESS OF REVIEWiNG THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS, DESIGN REVIEW BOARD MEMBERS 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 P~~~ SIGNATURE FOR CITY USE ONLY FEE COMPUTATION APPLICATION TYPE TOTAL FEE REQUIRED DATE FEE PAID Form 16 Rev. 05/03 FEE REQUIRED JUL 2 3 2004 CITY OF CARLSBAD . DATf~ijJ}ll~~181ffo!·RECEIVED . 1 RECEIVED~ RECEIPT NO. PAGE20F2 • City of Carlsbad 1635 Faraday Avenue Carlsbad CA Applicant: KARNAK PLANNING AND DESIGN Set Id: S000001564 CT040019 HDP04009 Description CP040009 7,625.00 1,237.50 Total: Receipt Number: R0043934 Transaction Date: 07/23/2004 Amount 5,500.00 14,362.50 92008 Pay Type Method Description Amount Payment Check 2021 14,362.50 Transaction Amount: 14,362.50 1'17~ (' I::._ {J .J7 /11-r l~ . ,:...:,,. V4 0002 0.1 CGIF· 02 .14362u50 • PROJECT DESCRIPTION/EXPLANATION PROJECTNAME: ~ ~f2i,.} :=i,..11:ftJtvlfFS, APPLICANT NAME: -_ l.A,..)i-)_J____ f OS'S>taj 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: PROJECT DESCRIPTION: NEW PROPOSED 4 BUILDING, 15 UNIT AIR SPACE TOWNHOME CONDOMINIUMS PROJECT, 3 STORY, 3 BEDROOM, 31/2 BATH, KITCHEN, DINING ROOM, LIVING ROOM, FAMILY ROOM, ROOF DECKS AND PRIVATE RECREATIONAL SPACE. THE AFFORDABLE UNITS WILL BE PURCHASED FROM THE BANK OF UNITS AVAILABLE IN THIS ZONE. THE OWNER HAS APPLIED FOR AND HAS BEEN NOTIFIED THAT THIS HAS BEEN APPROVED FOR THESE UNITS. SEE CARLSBAD HOUSING DEPARTMENT Project Description 10/96 Page 1 of 1 • PROJECT QATA: BUILDING 1 (6 UNITS) BASEMENT 1,463 SF FIRST FLOOR PLAN 6,026 SF SECOND FLOOR PLAN 5,830 SF TOTAL: 13,319 SF GARAGES 2,894 SF BUILD1NG2 {2 UNITS} BASEMENT 664 SF FIRST FLOOR PLAN 2,931 SF SECOND FLOOR PLAN 2,091 SF TOTAL: 5,686 SF GARAGES 1,119 SF BUILDING 3 {2 UNITS} BASEMENT 1110 SF FIRST FLOOR PLAN 1,947 SF SECOND FLOOR PLAN 1,970 SF TOTAL: 5,027 SF GARAGES 1,064 SF BUILDING4 (5 UNITS} BASEMENT 1,473 SF FIRST FLOOR PLAN 6,075 SF SECOND FLOOR PLAN 6,011 SF TOTAL: 13,559 SF GARAGES 2,894 SF TOTAL BUILDING BASEMENT 4,710 SF FIRST FLOOR PLAN 16,979 SF SECOND FLOOR PLAN 15,902 SF TOTAL: 37,591 SF GARAGES 9,801 SF • • C i t ~n.Jl.!,,,¥5~,f.li.£1&mP. DISCLOSURE STATEMENT 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 onombination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property 0wner 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, title, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE lNDICATE NON- APPLICABLE (NIA) IN THE SPACE BELOW If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) ~ f t.fr>J>J1M,, / CG<;,16...) Person/~~~IJ(/,,,(;?~ Corp/Part~----------- Title tlW~ Title ---------------- Address 1,,// ~ 'Z-57.fP(r c:::St >C/1j7rt:.,Address _________ _ ~~en 11a-Ja 2. OWNER (Not the owner's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e, partnership, tenants in common, non-profit, corporation, etc.) .. If the ownership includes a corporation or partnership, include the names, title, 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 (NIA) IN THE SPACE BELOW. If a publicly- owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person. __ K_lt_M __ L_._Si_~_T_f_A_· __ /sN f<.. [N''-(;$711e1-"'1 + .!Jcl-'J/n@Ji LLc._ Corp/Part. __________ ~~- Title ? "Z ,<E .f 1 ?> ~,v r. Addre~s ?.. ~ s-cnf:.&;. Rio ~, '-/~e. L~'t Title. _______________ _ Address UtJ-~-Vte..' .J,...p ~ 7N1 .. w: 't 2..J'ir 1 . c-11&:;-. . 2965 Roosevelt St., Ste. B • Carlsbad, CA 92008-2389 • (760) 434-2810/2811 • FAX (760) 720-2037 @ • 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) apove 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 Profittrrust ·------,.----Non Profit/Trust -----------Title ____________ _ Title ---------------Address. __________ _ Address _____________ _ 4. Have you had more than $250 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes ]3{No If yes, please indicate person(s): _____________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct to the best of my knowledge. Signature of owner/date Signature of applicant/date Print or type name of owner Print or type name of applicant ~"J { a,..;..,.._) ~~ ,,l',,,,-c--,i---, ,/<415~6. ~q.J~ Print or type name of ownkiapplicant's agent H:ADMIN\COUNTER\DISCLOSURE STATEMENT 5/98 Page 2 of 2 • • Sanctity of Contract STEWART TITLE OF CALIFORNIA, INC. , SAN DIEGO DIVISION 7675 MISSION VALLEY RD. SAN DIEGO, CA. 92108 (619} 692-1600 www.stewartsd.com MEMBER CALIFORNIA LAND TITLE ASSOCIATION PRELIMINARY REPORT STEW ART TITLE OF CALIFORNIA 7675 MISSION VALLEY ROAD SAN DIEGO, CA 92108 Attn: LESLIE HOPKINS Order Number: 01-0251803 Your Reference: VIEJO CASTILLA Property Address: VIEGO CASTILLA WAY, CARLSBAD. CA In response to the above referenced application for a Policy of Title Insurance, Stewart Title of California, Inc. 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 referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed exceptions and exclusions from the coverage of said policy or policies are set forth in the attached list. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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. This report, (and any supplements or amendments thereto) 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. Dated as of October 06, 2005 at 7:30 A.M. Print date: October 13, 2005 FIRST SUPERSEDING DAVE BIGGIN, Title Officer (619) 692-1600 Fax: (619) 398-8149 • • 01-0251803 THE FORM OF THE POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY () 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B 5. CLTA/ALTA HOMEOWNER'S POLICY 6. "GOLD" COMPREHENSIVE PROTECTION LOAN POLICY 7. LITIGATION GUARANTEE SCHEDULE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: BNR INVESTMENT AND DEVELOPMENT, A LLC • • 01-0251803 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF San Diego AND IS DESCRIBED AS FOLLOWS: LOTS 35 AND 36 OF LA COSTA SOUTH UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6117, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 3, 1968. ASSESSOR'S PARCEL NO: 216-170-14 & 216-170-15 • • 01-0251803 SCHEDULE B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY OR POLICIES WOULD BE AS FOLLOWS: lA. GENERAL AND SPECIAL YEAR 2005-2006 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: CODE AREA: PARCEL NO. COUNTY AND/OR CITY TAXES FOR THE PERSONAL PROPERTY TAX, IF ANY. $5,312.70 OPEN $5,312.70 OPEN $1,020,000.00 $0.00 09046 216-170-14-00 SAID MATTER AFFECTS: LOT 35. lB. GENERAL AND SPECIAL YEAR 2005-2006 INCLUDING FIRST INSTALLMENT: SECOND INSTALLMENT: LAND: IMPROVEMENTS: CODE AREA: PARCEL NO. COUNTY AND/OR CITY TAXES FOR THE PERSONAL PROPERTY TAX, IF ANY. $4,523.08 OPEN $4,523.08 OPEN $867,000.00 $0.00 09046 216-170-15-00 SAID MATTER AFFECTS: LOT 36. FISCAL FISCAL lC. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 2. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED JUNE 3, 1968 AS FILE NO. 92491 AND RE-RECORDED JULY 1, 1968 AS FILE NO. 110666 BOTH OF OFFICIAL RECORDS BUT OMITTING ANY COVENANT, CONDITIONS AND RESTRICTION, IF ANY, BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN, SEXUAL ORIENTATION, MARITAL STATUS, ANCESTRY, DISABILITY OR SOURCE OF INCOME UNLESS AND ONLY TO THE EXTENT THAT THE COVENANT, CONDITIONS AND RESTRICTION (A) IS EXEMPT UNDER TITLE 42 OF THE UNITED STATES CODE, OR (B) RELATES TO HANDICAP, BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS. NOTE: SECTION 12956.1 OF THE GOVERNMENT CODE PROVIDES THE FOLLOWING: IF THIS DOCUMENT CONTAINS ANY RESTRICTIONS BASED ON RACE, COLOR, RELIGION, SEX, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, NATIONAL ORIGIN, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID. ANY PERSON HOLDING AN INTEREST IN THIS PROPERTY MAY REQUEST THAT THE COUNTY RECORDER REMOVE THE RESTRICTIVE LANGUAGE PURSUANT TO SUBDIVISION (C) OF SECTION 12956.1 OF THE GOVERNMENT CODE. WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE • • SCHEDULE B 01-0251803 IN GOOD FAITH AND FOR VALUE. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED MARCH 26, 1969 AS FILE NO. 52717 OF OFFICIAL RECORDS. SAID COVENANTS, CONDITIONS AND RESTRICTIONS HAVE BEEN PURPORTEDLY MODIFIED BY AN INSTRUMENT RECORDED JANUARY 10, 1972 AS FILE NO. 5644 OF OFFICIAL RECORDS. 3. A DOCUMENT ENTITLED "AGREEMENT BETWEEN LEUCADIA COUNTY WATER DISTRICT AND PROPERTY OWNER REGARDING LIMITED AVAILABILITY OF SEWER SERVICE", EXECUTED BY AND BETWEEN LEUCADIA COUNTY WATER DISTRICT AND GOLF PROPERTIES, INC., SUBJECT TO THE TERMS, PROVISIONS, AND CONDITIONS CONTAINED THEREIN, RECORDED DECEMBER 14, 1981 AS FILE NO. 81-390651 OF OFFICIAL RECORDS. 4. THE EFFECT, IF ANY, OF THAT CERTAIN NOTICE OF NONRESPONSIBILITY, RECORDED DECEMBER 24, 2003 AS FILE NO. 2003-1505342 OF OFFICIAL RECORDS. 5. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY DATED: MAY 25, 2004 AMOUNT: $1,170,000.00 TRUSTOR: BNR INVESTMENT & DEVELOPMENT, A LLC TRUSTEE: LANDMARK NATIONAL BANK BENEFICIARY: LANDMARK NATIONAL BANK RECORDED: MAY 28, 2004 AS FILE NO. 2004-0497801 OF OFFICIAL RECORDS. AN ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER SAID DEED OF TRUST WHICH NAMES: AS ASSIGNEE: LEGACY BANK, AN UNDIVIDED 31.624% INTEREST RECORDED: JUNE 1, 2004 AS FILE NO. 2004-0506114 OF OFFICIAL RECORDS. 6. ANY MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OF SAID LAND. 7. NO KNOWN MATTERS OTHERWISE APPROPRIATE TO BE SHOWN HAVE BEEN DELETED FROM THIS REPORT, WHICH IS NOT A POLICY OF TITLE INSURANCE BUT A REPORT TO FACILITATE THE ISSUANCE OF A POLICY OF TITLE INSURANCE. FOR PURPOSES OF POLICY ISSUANCE, NO ITEMS MAY BE ELIMINATED ON THE BASIS OF AN INDEMNITY AGREEMENT OR OTHER AGREEMENT SATISFACTORY TO THE COMPANY AS INSURER. 8. A DEED OF TRUST TO SECURE AN ORIGINAL INDEBTEDNESS IN THE AMOUNT SHOWN BELOW, AND ANY OTHER OBLIGATIONS SECURED THEREBY DATED: DECEMBER 13, 2004 AMOUNT: $170,000.00 TRUSTOR: BNR INVESTMENT & DEVELOPMENT LLC TRUSTEE: LANDMARK NATIONAL BANK BENEFICIARY: LANDMARK NATIONAL BANK RECORDED: • • SCHEDULE B 01-0251803 DECEMBER 27, 2004 AS FILE NO. 2004-1212454 OF OFFICIAL RECORDS. • • 01-0251803 SCHEDULE B -Continued • • 01-0251803 REQUIREMENTS A. PRIOR TO THE ISSUANCE OF ANY POLICY OF TITLE INSURANCE, THE COMPANY WILL REQUIRE THE FOLLOWING WITH RESPECT TO BNR INVESTMENT AND DEVELOPMENT, A LLC, A CALIFORNIA LIMITED LIABILITY COMPANY: 1. A COPY OF ITS OPERATING AGREEMENT AND ANY AMENDMENTS THERETO MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 2. A CERTIFIED COPY OF ITS ARTICLES OF ORGANIZATION (LLC-1), ANY CERTIFICATE OF CORRECTION (LLC-11), CERTIFICATE OF AMENDMENT (LLC-2), OR RESTATEMENT OF ARTICLES OF ORGANIZATION (LLC-10) MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. 3. WITH RESPECT TO ANY DEED, DEED OF TRUST, LEASE, SUBORDINATION AGREEMENT OR OTHER DOCUMENT OR INSTRUMENT EXECUTED BY SUCH LIMITED LIABILITY COMPANY AND PRESENTED TO THE COMPANY FOR RECORDING OR UPON WHICH THE COMPANY IS ASKED TO RELY, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED IN ACCORDANCE WITH THE FOLLOWING: A. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH OFFICERS APPOINTED OR ELECTED PURSUANT TO THE TERMS OF THE WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO DULY ELECTED OR APPOINTED OFFICERS AS FOLLOWS: THE CHAIRMAN OF THE BOARD, THE PRESIDENT, VICE PRESIDENT, AND ANY SECRETARY, ASSISTANT SECRETARY, THE CHIEF FINANCIAL OFFICER OR ANY ASSISTANT TREASURER. B. IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES THROUGH A MANAGER OR MANAGERS IDENTIFIED IN THE ARTICLES OF ORGANIZATION AND/OR DULY ELECTED PURSUANT TO THE TERMS OF A WRITTEN OPERATING AGREEMENT, SUCH DOCUMENT OR INSTRUMENT MUST BE EXECUTED BY AT LEAST TWO SUCH MANAGERS OR BY ONE MANAGER IF THE LIMITED LIABILITY COMPANY PROPERLY OPERATES WITH THE EXISTENCE OF ONLY ONE MANAGER. 4. OTHER REQUIREMENTS WHICH THE COMPANY MAY IMPOSE FOLLOWING ITS REVIEW OF THE MATERIAL REQUIRED HEREIN AND OTHER INFORMATION WHICH THE COMPANY MAY REQUIRE. • • CLTA PRELIMINARY REPORT FORM EXHIBIT A CLTA PRELIMINARY REPORT FORM LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS SCHEDULE B l, 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 TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; {II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; {III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OR POLICY. {B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY {A) ABOVE, EXCEPT TO THE EXTEND 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. UNENFORCEABLILITY 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 OR 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 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 Off 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, WHICH ARE 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. REV. 1999 PAGE l OF 6 (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY • • CLTA PRELIMINARY REPORT FORM 2. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87} EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENTAL REGULATION. THIS INCLUDES BUILDING AND ZONING ORDINANCES AND ALSO LAWS AND REGULATIONS CONCERNING: * LAND USE * IMPROVEMENTS ON THE LAND * LAND DIVISION ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS WHICH APPEAR IN THE PUBLIC RECORDS AT POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE ZONING COVERAGE DESCRIBED IN ITEMS 12 AND 13 OF COVERED TITLE RISKS. 2. THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS: * A NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS ON THE POLICY DATE * THE TAKING HAPPENED PRIOR TO THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAKING 3. TITLE RISKS: * THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU * THAT ARE KNOWN TO YOU, BUT NOT TO US, ON THE POLICY DATE --UNLESS THEY APPEARED IN THE PUBLIC RECORDS * THAT RESULT IN NO LOSS TO YOU * THAT FIRST AFFECT YOUR TITLE AFTER THE POLICY DATE --THIS DOES NOT LIMIT THE LABOR AND MATERIAL LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS 4. FAILURE TO PAY VALUE FOR YOUR TITLE. S. LACK OF A RIGHT: * TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN ITEM 3 OF SCHEDULE A OR * IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH YOUR LAND THIS EXCLUSION DOES NOT LIMIT THE ACCESS COVERAGE IN ITEM 5 OF COVERED TITLE RISKS. EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THE PUBLIC RECORDS. 2. ANY EASEMENTS OR LIENS NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE LIEN COVERAGE IN ITEM 8 OF COVERED TITLE RISKS. 3. ANY FACTS ABOUT THE LAND WHICH A CORRECT SURVEY WOULD DISCLOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. THIS DOES NOT LIMIT THE FORCED REMOVAL COVERAGE IN ITEM 12 OF COVERED TITLE RISKS. 4 . ANY WATER RIGHTS OR CLAIMS OR TITLE TO WATER IN OR UNDER THE LAND, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS. REV. 1999 PAGE 2 OF 6 (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY • • CLTA PRELIMINARY REPORT FORM 3. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92} WITH ALTA ENDORSEMENT -FORM l COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY {10-17-92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS AND COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COSTS, ATTORNEY'S FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND rs OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY (EXCEPT TO THE EXTENT THAT THIS POLICY INSURES THE PRIORITY OF THE LIEN OF THE INSURED MORTGAGE OVER ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIAL OR TO THE EXTENT INSURANCE IS AFFORDED HEREIN AS TO THE ASSESSMENTS FOR STREET IMPROVEMENTS UNDER CONSTRUCTION OR COMPLETED AT DATE OF POLICY); OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND rs SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON USURY OR ANY CONSUMER CREDIT PROTECTION OR TRUTH IN LENDING LAW. 6. ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS (OR THE CLAIM OF PRIORITY OF ANY STATUTORY LIEN FOR SERVICES, LABOR OR MATERIALS OVER THE LIEN OF THE INSURED MORTGAGE) ARISING FROM AN IMPROVEMENT OR WORK RELATED TO THE LAND WHICH IS CONTRACTED FOR AND COMMENCED SUBSEQUENT TO DATE OF POLICY AND IS NOT FINANCED IN WHOLE OR IN PART BY PROCEEDS OF THE INDEBTEDNESS SECURED BY THE INSURED MORTGAGE WHICH AT DATE OF POLICY THE INSURED HAS ADVANCED OR rs OBLIGATED TO ADVANCE. 7. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR · (II) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OR EQUITABLE SUBORDINATION; OR (III) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORDED THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. REV. 1999 PAGE 3 OF 6 (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY • • CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS 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 INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING 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 CALIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3 . EASEMENTS, LIENS OR ENCUMMBRANCES, OR CLAIMS THEREOF, WHICH ARE 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. 4. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (B) NOT KNOWN TO THE COMPANY, NOT RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT KNOWN TO THE INSURED CLAIMANT AND NOT DISCLOSED IN WRITING TO THE COMPANY BY THE INSURED CLAIMANT PRIOR TO THE DATE THE INSURED CLAIMANT BECAME AN INSURED UNDER THIS POLICY; (C) RESULTING IN NO LOSS OR DAMAGE TO THE INSURED CLAIMANT; (D) ATTACHING OR CREATED SUBSEQUENT TO DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE ESTATE OR INTEREST INSURED BY THIS POLICY. 4. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (I) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (II) THE TRANSACTION CREATING THE ESTATE OR INTEREST INSURED BY THIS POLICY BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE: (A) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (B) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. REV. 1999 PAGE 4 OF 6 (LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CONTINUED ON NEXT PAGE) STEWART TITLE GUARANTY COMPANY • • CLTA PRELIMINARY REPORT FORM THE ABOVE POLICY FORMS 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 INCLUDE THE FOLLOWING GENERAL EXCEPTIONS: EXCEPTIONS FROM COVERAGE THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING 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 BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLIICTS 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. 5. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE {6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS IN ADDITION TO THE EXCEPTIONS IN SCHEDULE B, YOU ARE NOT INSURED AGAINST LOSS, COSTS, ATTORNEYS' FEES, AND EXPENSES RESULTING FROM: 1. GOVERNMENTAL POLICE POWER, AND THE EXISTENCE OR VIOLATION OF ANY LAW OR GOVERNMENT REGULATION. THIS INCLUDES ORDINANCES, LAWS AND REGULATIONS CONCERNING: A. BUILDING B. ZONING C. LAND USE D. IMPROVEMENTS ON LAND E. LAND DIVISION F. ENVIRONMENTAL PROTECTION THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OR THE ENFORCEMENT OF THESE MATTERS IF NOTICE OF THE VIOLATION OR ENFORCEMENT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 14, 15, 16, 17, OR 24. 2. THE FAILURE OF YOUR EXISTING STRUCTURES, OR ANY PART OF THEM, TO BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE BUILDING CODES. THIS EXCLUSION DOES NOT APPLY TO VIOLATIONS OF BUILDING CODES IF NOTICE OF THE VIOLATION APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE. 3 . THE RIGHT TO TAKE THE LAND BY CONDEMNING IT, UNLESS: A. NOTICE OF EXERCISING THE RIGHT APPEARS IN THE PUBLIC RECORDS AT THE POLICY DATE; OR B. THE TAKING HAPPENED BEFORE THE POLICY DATE AND IS BINDING ON YOU IF YOU BOUGHT THE LAND WITHOUT KNOWING OF THE TAKING. 4. RISKS: A. THAT ARE CREATED, ALLOWED, OR AGREED TO BY YOU, WHETHER OR NOT THEY APPEAR IN THE PUBLIC RECORDS; B. THAT ARE KNOWN TO YOU AT THE POLICY DATE, BUT NOT TO US, UNLESS THEY APPEAR IN THE PUBLIC RECORDS AT THE POLICY DATE; C. THAT RESULT IN NO LOSS TO YOU; OR D. THAT FIRST OCCUR AFTER THE POLICY DATE -THIS DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 7, 8.D, 22, 23, 24 OR 25. 5 . FAILURE TO PAY VALUE FOR YOUR TITLE. 6. LACK OF A RIGHT: A. TO ANY LAND OUTSIDE THE AREA SPECIFICALLY DESCRIBED AND REFERRED TO IN PARAGRAPH 3 OF SCHEDULE A; AND B. IN STREETS, ALLEYS, OR WATERWAYS THAT TOUCH THE LAND. THIS EXCLUSION DOES NOT LIMIT THE COVERAGE DESCRIBED IN COVERED RISK 11 OR 18. REV. 1999 STEWART TITLE GUARANTY COMPANY PAGE 5 OF 6 • • I 6. "GOLD" COMPREHENSIVE PROTECTION LOAN POLICY OF TITLE INSURANCE EXCLUSIONS FROM COVERAGE THE FOLLOWING MATTERS ARE EXPRESSLY EXCLUDED FROM THE COVERAGE OF THIS POLICY AND THE COMPANY WILL NOT PAY LOSS OR DAMAGE, COST, ATTORNEYS' FEES OR EXPENSES WHICH ARISE BY REASON OF: 1. (A) ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT NOT LIMITED TO BUILDING AND ZONING LAWS, ORDINANCES, OR REGULATIONS) RESTRICTING, REGULATING, PROHIBITING OR RELATING TO (I) THE OCCUPANCY, USE, OR ENJOYMENT OF THE LAND; (II) THE CHARACTER, DIMENSIONS OR LOCATION OF ANY IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND; (III) A SEPARATION IN OWNERSHIP OR A CHANGE IN THE DIMENSIONS OR AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR WAS A PART; OR (IV) ENVIRONMENTAL PROTECTION, OR THE EFFECT OF ANY VIOLATION OF THESE LAWS, ORDINANCES OR GOVERNMENTAL REGULATIONS, EXCEPT TO THE EXTENT THAT A NOTICE OF THE ENFORCEMENT THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE l(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. (B) ANY GOVERNMENTAL POLICE POWER NOT EXCLUDED BY (A) ABOVE, EXCEPT TO THE EXTENT THAT A NOTICE OF THE EXERCISE THEREOF OR A NOTICE OF A DEFECT, LIEN OR ENCUMBRANCE RESULTING FROM A VIOLATION OR ALLEGED VIOLATION AFFECTING THE LAND HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY. THIS EXCLUSION FROM COVERAGE l(A) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 14, 15, 16, 17, 34, AND 41. 2. RIGHTS OF EMINENT DOMAIN UNLESS NOTICE OF THE EXERCISE THEREOF HAS BEEN RECORDED IN THE PUBLIC RECORDS AT DATE OF POLICY, BUT NOT EXCLUDING FROM COVERAGE ANY TAKING WHICH HAS OCCURRED PRIOR TO DATE OF POLICY WHICH WOULD BE BINDING ON THE RIGHTS OF A PURCHASER FOR VALUE WITHOUT KNOWLEDGE. 3. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS: (A) CREATED, SUFFERED, ASSUMED OR AGREED TO BY THE INSURED CLAIMANT; (BJ 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 (THIS EXCLUSION FROM COVERAGE 3 (D) DOES NOT LIMIT THE COVERAGE PROVIDED IN INSURING PROVISIONS NUMBER 7, 8, 15, 16, 18, 21, 22, 24, 25, 26, 28, 29, 30, 32, 33, 34, 35, 38, 39, AND 40); (El RESULTING IN LOSS OR DAMAGE WHICH WOULD NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD PAID VALUE FOR THE INSURED MORTGAGE. 4. UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE BECAUSE OF THE INABILITY OR FAILURE OF THE INSURED AT DATE OF POLICY, OR THE INABILITY OR FAILURE OF ANY SUBSEQUENT OWNER OF THE INDEBTEDNESS, TO COMPLY WITH APPLICABLE DOING BUSINESS LAWS OF THE STATE IN WHICH THE LAND IS SITUATED. 5. INVALIDITY OR UNENFORCEABILITY OF THE LIEN OF THE INSURED MORTGAGE, OR CLAIM THEREOF, WHICH ARISES OUT OF THE TRANSACTION EVIDENCED BY THE INSURED MORTGAGE AND IS BASED UPON ANY CONSUMER CREDIT PROTECTION OR TRUTH-IN-LENDING LAW. 6. ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION CREATING THE INTEREST OF THE MORTGAGEE INSURED BY THIS POLICY, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY, OR SIMILAR CREDITORS' RIGHTS LAWS, THAT IS BASED ON: (A) THE TRANSACTION CREATING THE ESTATE OF THE INSURED MORTGAGEE BEING DEEMED A FRAUDULENT CONVEYANCE OR FRAUDULENT TRANSFER; OR (B) THE SUBORDINATION OF THE INTEREST OF THE INSURED MORTGAGEE AS A RESULT OF THE APPLICATION OF THE DOCTRINE OF EQUITABLE SUBORDINATION; OR (C) THE TRANSACTION CREATING THE INTEREST OF THE INSURED MORTGAGEE BEING DEEMED A PREFERENTIAL TRANSFER EXCEPT WHERE THE PREFERENTIAL TRANSFER RESULTS FROM THE FAILURE; (I) TO TIMELY RECORD THE INSTRUMENT OF TRANSFER; OR (II) OF SUCH RECORDATION TO IMPART NOTICE TO A PURCHASER FOR VALUE OR A JUDGMENT OR LIEN CREDITOR. 7. TAXES, ASSESSMENTS, COSTS, CHARGES, DAMAGES AND OTHER OBLIGATIONS TO THE GOVERNMENT SECURED BY STATUTORY LIENS THAT BECOME A LIEN ON THE LAND SUBSEQUENT TO DATE OF POLICY, BUT THIS EXCLUSION 7 DOES NOT LIMIT THE COVERAGE OF INSURING PROVISION 34. REV. 1999 PAGE 6 OF 6 STEWART TITLE GUARANTY COMPANY POOR QUALITY ORIGINAL S .. l.,Vl"ll"ICJ,;\.,J.HL.. r.c:.t1L. r:..;:, IHI C. • 11v. 0.::1:, r.,:, I : I Fide ·1y National Title Comp tiy PRELIMINARY ~EPORT In response to the appli tion for a policy of title i~ursnce referenced ne,reln, Fidelity National Title Comp y hereby reports that it is, prepated to issue; mi cause to bs Issued, as of the date h eof, a Polley or Policies oA 77tle Insurance ds ,~ribing the land and the estate or /nterm th re{n hereinafter set forth, ii:,suring against los~ ~hlch may be sustained by reason of a y defect, Ren or encumbra,nce not shown or ~,t,m,d to as an Excep'flon below or not eluded from coverage pursuant to the prlnte Sphedules, Conditions and Stipu/llti s of said Polley fotm8. i The printed Exceptions d Exclusions from the cotraue of said Polle o'r Policies are set forth in Exhibit A attach d. Coples of the Polley forms should.be tead. they are avsilsble from the. office which Is ued this report. . I I This report land any SUP. lements or amendments h,reto} iS issu9d soli w;for the purpose .~, of faci/ftatlng the lssuan e of a poRcy of title lnsuraQce and no liability :~ ~ssumed hel'8by. If It iS desired that lisbl/J be assumed pt/or to the Issuance of a po/ic ,t, tltle insurance, a Binder or Commitment & ould be requBSted. ; I l -The PoOcy(sJ of title lnsu nee to be Issued hereundfJr Will be poRcyfsJ f fidelity National Title Insurance Compsn a Califomla Corporation. : --~------,.,. ··-........... ,. .... - I I fide ityNational Title Comp qy . 60 Hidden Vall•Y Road. SU1t1:1 170 l• C11rlsbad. CA 92009 ! ~ l.;V1 t11Afl /« (760) 804-8717 • FAX (760) 604-9612 , ( t, 11 j 'JZ ')'-2)18 I PRELIMINARY REPORT ESCROW OFFICER~ Tami IHan'IS OR I~ NO.: 03-1819224 f LOAN NO.: TITLE OFFICER: Jerry Dig gan 1(819-725·2112) TO: Realty Executives 5850 Avenfda Enc as #B Carlsbad, CA 92 a ATTN: Amos Sanderson I ' YOUR REFERENCE.: 553 819-TW S O~T TERM RATE: No PROPERTY ADDRl;SS: Va nt Land on Vieje1 Castilla Way, Carltbad, Californl EFFECTIVE DATE: Novem er 26i 2003. 07:30 A.M. The form of Policy or Poli s of title insurance contemplitted by this report is . California umd Title Assa tion Standard Coverage Polley y 1990 1. 2. 3. ' I I I THE ESTATE OR NTEREST IN THE LAND HEREINAFTER OESC IB~D OR REFERRED TO COVERED BY THIS REPORi IS: I .. I A Fee I TITLE TO SAID I: ATE OR INTEREST AT Tli!E DATE HEREOF I VESTED IN: Golf Properties, In , a Callfomla Corporation I I THE LAND REFE EC TO IN THIS REPORT IS SITUATED lN TH~ CITY OF CARLSBAD, IN HE COUNiY OF SAN DIEGb, STATE Of CALI dRNJA, AND IS .DESCFUBEO AS F LLOWS: , ' ' i SEE EXHIBIT "ON • ATTACHED HERETO AND MADE A PART Ef\EOF I ~o\oo 121os12ooa I 1 ,&.Loo .. ,la~I II .. -.., --· .. -··--·-·-··---····- I I EXHIBIT ''O~E" • l I O~lJI' No. 03-1819224 I I I Lots 36 and 36 of La C sta South Unit No. 1, In the City of Carlsbad cbuntv of Sen Diego, State of Californ , according to Map thereo:t No. 6117, filed in j'e Office of the County Recorder of Sen Diego County, June 3, .1968. . Assessor's Parcel No: 2 6-170~14& 216·170-15 2 ' ' .·, ·~ ~- _,...-...,_ Order No. oa .. 1819224 i ! AT THE DATE HEREOF, n'EMS TO BE CONSIDl!RED AND EXCl!PTIO TO COVERAGE IN ADDITION TO THE PRI ED l!XCEPTIONS AND l!XCLUSIONS IN SAi POUCV FORM WOULD BE AS FOLLO S: 1. Property taxe , including anv personal property mes and any E Jsments collected with mces, fo the f"rscal year 2003-2004, Assessor's Parcel Nu b~r 216~170-14. Code Area Nu ber: 1st lnstallmen : 2nd. lnstallme t: land: Improvements Exemption: Personal Prop rty: 09046 $1,638.60 0}:len $1,636.50 Open $311:i.E370.00 .$0.00 $None $None ' 2. Property tax , including any personal property mes and any a Jsments collected with taxes, fo the fiscal year 2003-2004, Assessor's Parcel Nu .ber 216-170-10. 3. Code Area Nu ber: 1st lnstallmen : 2nd lnstallme t: Land! Improvements Exemption: Personal Prol) 09046 $1,466.24 Open $1,466.24 Open $281,846.00 $0,00 .$None $None I I The lien of su plemental taxes, if any, assessed pursuant to the roviSions of Chuptet 3.6 (Cammen Ing with Section 75} of the Revenue and Taxation t:o\fe of the State of California. : 4. Covenants, a dltlans and reetrlctions {deleth,g theteftotn any trlciions indicating any preferenc , Jimitatlon or discrimination tiased on race, colot. !llgion, sex, handicap, fam ial .status or national origin) a, set fonh In the d IT)ent . Recorded: June 31 1968, Instrument No. 92491, of O cia1 Records I July 1, 1968, Instrument No. 110688, of Offlci '1ecords i Said covenan , conditions and restrictions provide that a viulatl thereof shall not defeat the lien of any mortgage or deed of trust made in good fa , ~nd for value • . NOTE: Sectio 12956.1, as amended, of the Govemment Code roVidet for the following= ·it Ill document contains any reatrfc:tion bued on re eJ color, reDglon, sex, familial , marital status, disability, nstfonal origin, or ,,,=e'.Jr!rv· that restriction viol es state and federal fair housing 1awa and is void~ aljld may be removed pursuant to S on 12956.1 of the Government Code. Lawful r ·rttli:rtfons under etste end federal la on the age of occupants ii, senior housing or ho inb for older persons shall not be co trued as restrictions bated on familfal status.• ModfflcatJon(s) of said covenants, conditions and restrictions Recorded; f March 26, 1969, Instrument No. 52717, Qfflciaf Record1 Modlflcation(sJ of Hid covenants, conditions and restrictions ,· Recc:irdedt January 10, 1972, lnstrUment No. 6644, (Jtfficill Recotds I . 3 • .. . I ITEMS: (Continued) Order No. OS-1819224 6, Amount: Dated: Trustor: Trustee: Beneficiary: Loen No.: Recorded: . . I to secure an indebtedness in the amount shown helow, and any other ured the,reby [ I $397,500.00 Maroh 4, 1980 , Golf Properties, Inc., a Calffomra Corporat{ n L Title Insurance and T~ Company, a Cal -rtJa Corporation Riva N.V., a Ne!herlands Antilles corporati t . None shown . March 7, 1980, Instrument No. 80.-07880 , ~ Offlclal Records I The beneficial Interest thereundsr hes been asigoed, by mesne Jailgnmants, to: Assignee: Loan No.: Recorded! I Sabrina ·Properties, Inc., a Callfomia Corpo tfon None shown I t February 15, 1984, Instrument No. 84-05 74.S, of Offlcfal Recoros 1 I 6. Matters conta ned in that certain document :entitled "Agreement etween Leucadia County Water District and Propeny Owner Regarding Umlted Av llabilJty of Sewer Service" dat None shown, executed by and betWeen Leucadia l:Ounty Water District • and Golf Pro rtles, Inc. recorded Decembet 14, 1981, lnstrum t l"o· 81w390651, of Official Reco s. : 7. Reference is h reby made to said documentitor full particulars. . I ! 1111s Compan wm require the followi1'{J doqiments for review p 1>r to 1he issuance of any title assu nee predicated upon a conveyance or encumbran 1 ~ the corporation named·belaw. I I Corporstfon: GoJf Properties, Inc., 1 fa) A copy of the corporation By-Laws and Arti ·9' of Incorporation. I (b} An origfnal or certified copy of the Aesol · rt ~uthorizlng the tr1nsac1ion contemplated herein. : . (cJ If the Articles and/or By•Lawa require appro ,(by i '"parent" organization, a copy of•the Articles and By~1wa of the parent. The right 1s r enretd to add requirements or additional items afte clmpletlon of •uch review. I - 8. 'fhl1 company IH tequlre a statamant of Information from the PIii :i~a named below I~ order to comp e this report, bleed on 1he effltct of documents, 'roaeedlngs, lient, decrees, or 01; er matters which do not spee)flcally describe-said !nnd, but which, If any do exist may ct the title or Impose Jlens1or encumbrances th 1eon. After review of the requffletd tatement{s) of Information the Company may hav edditional reQuirements fore the Issuance of any policy of title rnsurence. ! Parties: Ram L. Setya (Note: The ement of information Is necen1ry to complete th search and examination of title under this order. Any "title search Includes m :tetl that are Indexed by name only. d having a complffted stateinent of infonnatloniislsts 'the Company in the elfmfnati n of certain matters which appear to Involve the 1,tffes but In fact affect another arty with the same or similar. name. Be auured at the .statement of lnfonnatfon is ent1al and wlll be kept strictly confidential to th fl~e). 4 I I I j .. .,._"" • ..s,1;,,1 • 1-,-,WW olo'--... ....,. 1.1 11"•~..I f •W I I OrtJer No. 03-1819224 ITEMS: (Continued) .Note 1. .Note 2. Note 3. Note 4. Note 5. I END Of ITEMS I ' the buyer(s) furnished with :this application for lej Insurance ls/are: are Incorrect, incomplete or )nisspelted, please n 14 the Company. I The charge fo a policy of title insurance, w.J,en issued through based on the asit (not Shon:~Term) Title lriturance Rate. ts; tl'Ele order, Will be ! t If property es are posted paid less than 45 days from the lss mpe of the policy contemplm:ed y thle report, the Company 'fl'lll hold the amount f the tax, plus delinquency a d penaltY unto vl!!rlflca1ian of/payment rs received If verification has not been received within 45 days of the i88uanca of the polfcy co 1pleted, the Company wJII pay the es due. If property taxes have been paid throug 111 impound account and we are fu ni$hed written confirmation of same or you can p vide a copy of the canceled chec , this requirement may be waived. If a monthly payment for any deed of trust > pe paid in full it 30 days from the Issuance of the policy contem ·.rl:Cd by this repon, ill hold an amount equal to that payment umll v, n+ltion of payment is received from e render. If verification has not been received hm 30 days of the ls,;uance of th policy contemplated, the funds held will be forw 'ded to the rondor. If a canceled ch ck or other form of proof of payment can be tum· .,llld. thfs requirement may be waive • · ; . l NOTe: Amen d Civil Code Section 2941, which becomes eff ,e on January 1, 2002A sets th fee for the processing and recordation of the r nvi,yance of each eing paid off through this transaction at $45.00. lltt reconveyance fee must be clearl set forth fn the Bemrffcfary's Payoff Demand s nient raemand"J. In addition, en • srgnment or f1,1thorh:od roteas.e at thm: fee, trom c Beneficiary to the Truatee of rec rd, must be included. An ex~mple of the required inguage 18 as folfowe: The Beneflcla identified above hereby B88igl'l8, releases or tran e(s to the Trustee of record, the SU of $45.00. included herein as "Reccnveyance itr, for the processing an l'ecordation of the Reconvey11nce of the Deed of -ust Heuring the lndebtednht verednaroby, end the eacro.w company or title q>any processing this pay-off Js uthorized to doduct the Reoonveyal'tce Fee from Is; Demand and forward eafd e to the TrustH of reccrd or the successor Tr under the Trust Deed to be off In full."' : In the event t the reconveyanca fee and the assignment, rele e ior transfer thereof are not fnclud d within the d1mand statement, then Fklelh:y Nati nal Trtfe Insurance Company and Underwritten Agent may decline to process thel econveyance and wm be forced to urn all documentation directly to the Beneffciary r compliance with the requirements f the revised $1:atute. . I I . I The Note sho n below. which recites: "Cel~mla Revenue and 11axpt1on Coda Section 18668. e e January 1, 1991. requires that 'the buyer In afl ~11les of California Reel Estate, wherei the Seller shows an out of State Addr888, withhld 3-1/3% of the total tales price as atifomia State Income Tax, subject to the various r•ro\fisions of the law as therein con ained." l.s hereby deleted and,replaced with the fo 1>wtng: "California Re enue and Taxation Code Sl9ction 18662, effective ahuary 1, 1994 and by amendn"le effective January 1, 2003, provides that the buy tn all aates of Calffomla t:teaf Estate may be requi1'8d to witbhold 3 and 1 /3% o the total sales price as Celifomla ate Income Tax, .subject to the v1rlous provisiona t \he law as therein contained. i ; 5 • ITEMS: {Continued) i trder No. 03-1819224 Nott 6. Note.7. Nota.8. I . I . 1, California Insurance Code became effective Jll u~ry 1, 1990. Thfl with the dlsbureement of funds depos(ted with 1~ 'dtle entity acting tn an escrow or ubescrow capacity. The IIW' requires that all fun •1 le deposited and collected by e title entity's escrow and/or·subescrow account ri~r ta disbursement of any funde, Some methode of fundmg may subject funds to a ha,dlng period whicJt must expire b ore any funds may be disbursed, In order ta avo1t1 f"Y suctl delay&, all fundings sho d be done through Wire transfer, certified check ol creeks drawn on California fina Cial lnstftuT;lons. I The charge ere an order 18 cancelled after the Issuance of the retort of title. wlll be 'that amount ich in the opinion of the Comp1ny is proper com, ,naation tor the services rend ed or the purpose for which the report is used, blfl fji no event shall uid ch1rge be Jes than the minimum amount required under Section1 12404.1 of the Insurance Co of the State of California. If lhe report cannot I) Ci,lncelled •no fee" pursuant to th provisions of said Insurance Code, then the mini urn cancellatlon fee shall be that p itted by law. I C1lif0rnla Rev nue end Tnatlon Code Section 18668, effectiVe ·1,iuary 1, 1991, requires that t e buyer In alt sales of Callfornie Real Estate, wher lnl 'the Seller ehcw. an out of Stat Address, withhold 3-1/3% of the total sale, prio es Caltfomla State rncome iax, s bject to the various provisroris of the. law es th 1 pontained. 6 I I ·1 I l I 1 ii -------------· •• j, ! • n} ·~ . 819224 adhoc ~ SD:M 6117 1, _ _. ti ._,,'-r-41 "-l"-111... ~IM J L-. . . 8t t .. ' .. I t'IV• (.h.)"~ I • ..LCI • ..... ? . . . • f .. ,,,.,. ' a I ,I r-> n 0 ~ Jj I !· ~ ::c J C z =i 5 .. City Permits & Fees Conditional Use Permit Tentative Tract Map Resort View Townhomes Filing Fee Schedule First Filing $ 5,500.00 $ 5,390.00 $11 O For each lot over 5 $ 1,100.00 Environmental Impact Assessment Hillside Grading Permit $1650 times 75% 25% reduction Total Due at filing $ 1,135.00 $ 1,237.50 $14,362.50 7/22/2004 r7~~~,·~~~~,~ .~z~~-~~~,~~~:~~-~~--;-~··· ·: ·~~~-• ;.--,., , .. •.:,:-,' .',f. ~~::--,.·.~ . ·::.·;":t. ,·;.,· ;.,,·,, ··-·,'' ~7:;~~~~:'.; :~~:!~~~p:t:";~7,~~-i :~" 'p.: ~. 7-;~.·'.: .. ·~~ ... ·.~.:r,:~.:~~~-'_,' .'.~· 7~·::-- ,. ' : ~ ;~ ',, t ~ --' t<:•, , ,· ~ ' -. .• ,'I' ' ~ ',i - ., r.:.~.~-~' ;;··;·~, :'. :;_;/·, .:'_, ... ·--......... --.... ~'--' -·-=---=..:...--"""' .... --=- · .,. ~~ :·:;~~~r,:,77('·:-~~,.·~"77.I,~::~.':7 :·~:_7·,-;T:-:·J ~ ' . •i ·-.;'-").$·:t ..... ....... • • I ._ ..... ,-... ,. _1:,, :; .• ',: : . ·~·, )'~~-. ~ -~~. : -. . . . . ' ' ' ---.: :'l"7' ·-, ~ ;, ,; ... •' '~jiiiii11.,t:1\ .... ·~ .. ,