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Home My WebLink AboutSP 211C; HME CORPORATE HEADQUARTERS; Specific Plan (SP){city of Carlsbad APPLICATIONS APPLIED FOR: (CHECK BOXES) LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Development Permits {FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit(*) D Minor D Conditional Use Permit (*) D Minor O Extension D Day Care (Large) D Environmental Impact Assessment D General Plan Amendment D Local Coastal Program Amendment (•) 0 Master Plan □Amendment Iii Amendment ---•• - 0 Habitat Management Permit 0 Minor Ii] Specific Plan 0 Zone Change (*) ~ P a. \ l (.e., :1------1 0 Hillside Development Permit (*) D Minor 0 Nonconforming Construction Permit D Planned Development Permit D Minor 0 Residential D Non-Residential D Planning Commission Determination 0 Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit 0 Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) 0 Variance 0 Minor 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits 0 Review Permit 0 Administrative O Minor O Major Village Review Area Permits D Review Permit D Administrative O Minor D Major (*) = eligible for 25% discount B 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 sueMrrTED PRIOR TO 4:00 P .M. ASSESSOR PARCEL NO(S).: 209-120-15 &16 ---------------------------------PROJECT NAME: High Tech ---------------------------------BRIEF DESCRIPTION OF PROJECT: 2 story 108,400 so. Ft. Industrial Building with Parking lot BRIEF LEGAL DESCRIPTION: Lot 18 & 19 per TR 15505 in the City of Carlsbad California. LOCATION OF PROJECT: Whiptail Loop, Carlsbad, California ON THE: BElWEEN NORTH (NORTH, SOUTH, EAST, WEST) GAZELLE COURT (NAME OF STREET) P-1 STREET ADDRESS SIDE OF WHIPTAIL LOOP (NAME OF STREET) AND FARADAY STREET (NAME OF STREET) T)EV (008'lo Page 1 of 6 Revised 07/15 OWNER NAME (Print): Carlsbad Oaks Partners LLC MAILING ADDRESS: 14110 Stowe Dr. -------------CI TY. STATE, ZIP: Pcmay, CA, 92064 --'-------------Ta EPH ONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL OWNER AND THAT All THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNION~IGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS HEREIN IS MY A THORIZED REPRESENTATIVE FOR ,!::.1:"ilr\?:~1 PPLIGAT APPLICANT NAME (Print): Carlsbad Oaks Partners LLC MAILING ADDRESS: 14110 Stowe Dr. -------------CI TY, STATE, ZIP: Poway, CA, 92064 TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT AU THE ABOVE INFORMATION IS TRUE ANO CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANTS REPRESENTATIVE (Print): REC CONSULTANTS INC. ---------------------------MA I LING ADDRESS: 2442 SECOND AVENUE CITY, STATE, ZIP: SAN DIEGO, CA, 92101 TELEPHONE: 619-326-6022 EMAIL ADDRESS: RAMZY@REC-CONSUL TANTS.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. 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 RECOR N THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE DA D I NY SUCCE ORS IN INTEREST. NATURE FOR CITY USE ONLY P-1 Page 2of6 RECEIVED FEB 2 9 2016 CITY OF CARLSBAD DAT~~~~~lrP~L~~tl~CEIVED RECEl\41:D BY: Revised 07/15 Ccicyof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) 0 Coastal Development Permit (•) 0 Minor 0 Conditional Use Permit ( .. ) 0 Minor D Extension 0 Day Care (Large) 0 Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit (*) D Minor 0 Nonconforming Construction Permit 0 Planned Development Permit D Minor 0 Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation ~ Site Development Plan D Special Use Permit 1K] Minor D Tentative Parcel Map (Minor Subdivision) 0 Tentative Tract Map (Major Subdivision) 0 Variance OMinor i t':,Vf' \ '? 2.c; D General Plan Amendment 0 Local Coastal Program Amendment(*) D Master Plan D Specific Plan D Zone Change (*) □Amendment □Amendment 0 Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative O Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor O Major (*) = eligible for 25% discount B NOTE: A PROPOSED PROJECT REQUIRING MULTIPLE APPLICATIONS MUST BE SUBMITTED PRIOR TO 3:30 P.M. A PROPOSED PROJECT REQUIRING ONLY ONE APPLICATION MUST BE SUBMITTED PRIOR TO 4:00 P.M. ASSESSOR PARCEL NO(S).: 209-120-15,16-00 ---------------------------------PROJECT NAME: HIGH TECH (.Ovyov"4-e VteaJ~ BRIEF DESCRIPTION OF PROJECT: COllSTRUCT A REW 136,627 SQF'r TWO S'l'OllY nLT-UP SHELL BUILDIIIG (B, F-1, S-1, OCC) BRIEF LEGAL DESCRIPTION: LOTS 18 & 19 TRACT# 97-13-02 CARLSBAD OAKS HOR.TB PH. #2 HAP# 15505 LOCATION OF PROJECT: WHlPTAIL LOOP,, CARLSBAD CA ON THE: __ NO_R:_TH _________ SIDE OF (NORTH, SOUTH, EAST, WEST) BElWEEN GAZELLE COURT AND (NAME OF STREET) P-1 STREET ADDRESS WIII.PTAIL LOOP (NAME OF STREET) FABADAY AVE. (NAME OF STREET) Page 1 of6 Revisec:107/15 OWNER NAME (Print): CARLSBAD QAKS IQRTH YQ'tQUS,LP. MAILING ADDRESS: 3575 KENYON STREET CITY, STATE, ZIP: SAN DIEGO, GA 92110 TaEPHON~ 619.440.7424 -------=------EM A IL ADDRESS: AT.l"N: J~ -re,;&-I-A-1'.l& I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. '---~--c:::::__a 10/21/2015 SIGNATURE Theodore Tchang, Presiclent~ DATE APPLICANT NAME (Print): KEN SMITH ARCHITECT MAILINGADDRESS: 500 FESLER. ST., STE#l02 -------------CI TY, STATE, ZIP: EL CAJON, GA 92020 TELEPHONE: 619.444.2182 EMAIL ADDRESS: I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. II-J4-JOl6 DATE APPLICANTS REPRESENTATIVE (Print): KEN SMITH ARCHITECT (PETRA JORDAN) MAILING ADDRESS: 500 FESLER ST., srrE#l02 CITY, STATE, ZIP: EL CAJON, GA 92020 TELEPHONE: 619.444.2182 XT213 EMAIL ADDRESS: petra@kdsarch.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 K EGE. 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 RECORDE ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND A D BIND ANY SUCCESSORS IN INTEREST. FOR CITY USE ONLY NOV 2 4 2015 DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page2of6 Revised07/15 .. Ccityor Carlsbad DISCLOSURE STATEMENT P-1(A) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Applicant's statement or disclosure of certain ownership interests on all applications which will require discretionary action on the part of the City Council or any appointed Board, Commission or Committee. The following information 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, corp~ration; estate, trust, rec~iver, ~yndicate, in this and ariy other county, city and county, city !11un1cipality, district or othet political subdivision or any other group or combinatio.n acting as a uni.t." · . , Agents may sign.this.document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person___________ Corp/Part ___________ _ Title __________ _ Title _____________ _ Address _________ _ Address ___________ _ 2. OWNER (Not the owner's agent) P-1(A) Provide the COMPLETE, LEGAL names and addresses of ALL persons having any ownership interest in the property involved. Also, provide the nature of the legal ownership (i.e., partnership, tenants in common, non-profit, corporation, etc.). If the ownership includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person NIA -----------Corp/Part Carlsbad Oaks North Ventures, L.P. Title ___________ _ Title a California limited partnership Address _________ _ Address P.O. Box 80036 San Diego, CA 92138 Page 1 of 2 Revised 07/10 3. NON-PROFIT ORGANIZATION OR TRUST If any person identified pursuant to (1) or (2) above is a nonprofit organization or a trust, list the names and addresses of ANY person serving as an officer or director of the non- profit organization or as trustee or beneficiary of the. Non Profit/Trust. _______ _ Non Profit/Trust _________ _ Title ___________ _ Title ____________ _ Address __________ _ Address ___________ _ 4. Have you had more than $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes 0 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 Carlsbad Oaks North Ventures, LP. By: TT One, Inc. General Partner Print or type name of owner By: Theodore Tchang, President Signature a plicant/date ~-h(A J c)v:chn Print or type name of applicant Signature of owner/applicant's agent if applicable/date Print or type name of owner/applicant's agent P-1(A) Page 2 of 2 Revised 07/10 /iy-, \t_Cityof Carlsbad PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: __ HI_GH __ TE_CH ___________________ _ APPLICANT NAME: __ KEN __ SMI_TH_AB_CHI_TE_C_T_&_AS_s_oc_. _(_PETRA __ Ji_O_RD_!AR_) _____ _ Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background Information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: THIS PROJECT WILL BE COOPERATE HEADQUARTERS FOR A HIGH-TECH FIRM WHOSE NAME CANNOT BE DISCLOSED AT THIS TIME. IT IS TO BE LOCATED ON LOTS 18 AND 19 OF CARLSBAD OAKS NORTH. THE BUILDING WILL HAVE A FIRST FLOOR OF APPROXIMATELY 108,381 SQUARE FEET. IT WILL HAVE A SECOND FLOOR OF APPROXIMATELY 28,246 SQUARE FEET. THERE WILL HAVE APPROXIMATELY 57,300 SQUARE FEET DEVOTED TO OFFICE AND ENGINEERING DESIGN USES. IT WILL HA.VE APPROXIMATELY 52,000 SQUARE FEET OF AREA DEVOTED TO MANUFACTIJRING AND ASSEMBLY OF HIGH TECH ELECTRONIC DEVISES. THE BALANCE OF THE BUILDING WILL BE USED FOR WAREHOUSING OF PARTS AND FINISHED PRODUCTS. P-1(8) Page 1 of 1 Revised 07/1 o ("cicyof Carlsbad HAZARDOUS WASTE AND SUBSTANCES STATEMENT P-1{C) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): I!!-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. D The development project and any alternatives proposed in this application !f! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: KEN SMITH ARCHITECT {PETRA JORDAN) Address: 500 FESLER STREET, STE#l02 EL CAJON, CA 92020 Phone Number: <619>444-2182 PROPERTY OWNER Name: CARLSBAD OAKS NOTH VENTURES L.P. Address: 3575 KENYON STREET SAN DIEGO, CA 92110 Phone Number: (619)440-7424 Address of Site: _____________________________ _ Local Agency (City and County): _______________________ _ Assessor's book, page, and parcel number: ____________________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: _______________________ _ Date of List: ______________________________ _ 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 of2 Revised 02/13 ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: I\ \wb G4 ){at\h~ (To be completed by City) Application Number( s ): ~ 1) P 1 ', 'J,,~ / S ? J-I\ CC:.-) General Information 1. Name of project: ___ H_I_GH_-_TE_CH _____________________ _ 2. Name of developer or project sponsor: --=BAMANN==::_..::C::.:O:::.MP=AN=I=E.::.S __________ _ Address: 1000 PIONEER WAY ----------------------------- City, State, Zip Code: __ EL __ CAJ __ ON_, _CA __ 9_2_0_2_0 ______________ _ Phone Number: 619.440.7424 ---------------------------- 3. Name of person to be contacted concerning this project: PETRA JORDAN/RON ELLICKSON Address: 500 FESLER ST., STE#l02 City, State, Zip Code: EL CAJON, CA 92020 Phone Number: 619.444.2182 XT213 4. Address of Project: ___ ..;..WH_IP_T_AI_L___;:LOO~_P _________________ _ Assessor's Parcel Number: 209-120-15, 16-00 ------------------------ 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: 6. 7. 8. N/A Existing General Plan Land Use Designation: __ PLANNED ____ I_ND_U_S_TR_IAL ________ _ Existing zoning district: ___ M ______________________ _ Existing land use(s): __ V_A!_CANT __ P_RE_G;:_;:RADcc;:__ED_.:::LOc..:...c:..T _______________ _ 9. Proposed use of site (Project for which this form is filed): INDUSTRIAL ACREAGE Project Description 10. Site size: _9_._3_l_A!_CRE __ s _______________________ _ 11. Proposed Building square footage: __ 1_3_6....;;,_6_2_7_S--=Q'-Ff ______________ _ 12: Number of floors of construction: 2-STORY 13. 14. P-1(D) ---------------------- Amount of off-street parking provided: __ 4~2-'7 _________________ _ Associated projects: __ N~/_A _______________________ _ Page 2 of 4 Revised 07/10 r 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: __ N_/_A __________________ _ 17. If industrial, indicate type, estimated employment per shift, and loading facilities: _____ _ MANUFACTURING AND MATERIAL SUPPORT SHIFrS EMPLOYEE COUNT 1ST SHIFr: 2ND SHIFr: 75 EMPLOYEES 3RD SHIFr: 25 EMPLOYEES 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: N/A 19. If the project involves a variance, conditional use or rezoning applications, state this and indicate clearly why the application is required: __ N_/ A _________________ _ 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 □ I!] alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ l!I roads. 22. Change in pattern, scale or character of general area of project. □ I!] 23. Significant amounts of solid waste or litter. □ I!] 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ I!] 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ I!] alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ l!] 27. Site on filled land or on slope of 10 percent or more. □ I!] 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ I!] flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ I!] etc.}. 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.}. □ l!] 31. Relationship to a larger project or series of projects. □ I!] 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. PREVIOUS GRADED VACANT LOT 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. PREVIOUS GRADED VACANT LOTS Certification SEE ATTACHED SITE PHOTOS FOR #32 & #33. 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: /l-Ji./-d{)J6 Signature: ~ For: __ _ P-1(0) Page4 of 4 Revised 07/10 CLTA Preliminary Report Form (Rev. 11/06) f a, tll F. S Order Number: LJ-4936911 (06) Page Number: 1 {)t First American Title First American Title Company Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: E-Mail Loan Documents to: Buyer: Owner: 4380 La Jolla Village Dr, Suite 200 San Diego, CA 92122 LJ-4936911 (06) Dianne Livingston (858)410-1303 (714)913-6750 dslivingston@firstam.com Ivyedocs2.ca@firstam.com Hamann Construction carlsbad Oaks North Ventures LP PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this 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 below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Exhibit A attached. The poHcy 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 exdusive remedy of the parties. Limitations on Covered Risks applicable to the Cl TA 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 Exhibit A. 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 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. First American ntte Dated as of June 18, 2015 at 7:30 A.M. Order Number: LJ-4936911 (06) Page Number: 2 The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: CARLSBAD OAKS NORTH VENTURES LP., A CALIFORNIA LIMITED PARTNERSHIP The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. Assessment liens, if applicable, collected with the general and special taxes, including but not limited to those disclosed by the reflection of the following on the tax roll: Community Facilities District Carlsbad CFO #3 IMP 2. 3. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded June 29, 2004 as Instrument No. 2004-0606773 of Official Records. 4. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 9, 2004 as instrument no. 04-1066056 of Official Records. 6. The terms and provisions contained in the document entitled "Notice of Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: Ct 97-13" recorded November 9, 2004 as instrument no. 04-1066058 of Official Records. Rrst American 77tle Order Number: LJ-4936911 (06) Page Number: 3 7. Toe terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as instrument no. 04-1180067 of Official Records. 8. Toe terms and provisions contained in the document entitled "Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of CT 97-13 ("Agreement")" recorded December 15, 2004 as instrument no. 04-1180069 of Official Records. Toe terms and provisions contained in the document entitled "Amendment No. 1 to Waiver and Consent to Creation of the Community Facilities District (CT 97-13), Carlsbad Oaks North Partners, LP." recorded November 4, 2005 as instrument no. 05-0964619 of Official Records. 9. Toe terms and provisions contained in the document entitled "Agreement between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as instrument no. 04-1201221 of Official Records. 10. Toe terms and provisions contained in the document entitled Hold Harmless Agreement Drainage executed by and between the City of Carlsbad and Carlsbad Oaks North Partners, LP., a California Limited Partnership recorded December 1, 2006 as instrument no. 06-0854466 of Official Records. 11. Toe terms and provisions contained in the document entitled Hold Harmless Agreement Geological Failure executed by and between the City of Carlsbad and Carlsbad Oaks North Partners, LP., a California Limited Partnership recorded December 1, 2006 as instrument no. 06- 0854467 of Official Records. 12. Abutter's rights of ingress and egress to or from Whiptail Loop have been dedicated or relinquished on the filed Map. 13. An easement shown or dedicated on the Map as referred to in the legal description For: Sight distance corridor, Proposed reciprocal access and incidental purposes. 14. Covenants, conditions, restrictions and easements in the document recorded February 5, 2007 as instrument no. 07-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familial status, national origin, source of income (as defined in California Government Code 12955(p)), to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of the United States Codes. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013- 0175873 of Official Records. Rrst American Title Order Number: LI-4936911 (06) Page Number: 4 15. A deed of trust and financing statement to secure an original indebtedness of $20,230,000.00 recorded March 27, 2007 as Instrument No. 2007-0205404 of Official Records. Dated: March 15, 2007 Trustor: Trustee: Beneficiary: Affects: Techbilt Construction Corp., a California Corporation First American litle Insurance Company, a california Corporation City National Bank, a National Banking Association The land and other property. The above deed of trust states that it is a construction deed of trust. A document recorded December 8, 2009 as Instrument No. 2009-0678169 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded December 8, 2009 as Instrument No. 2009-0678169 of Official Records, provides that the obligation secured by the deed of trust was assumed by TT One, Inc., a california Corporation. A document recorded March 26, 2010 as Instrument No. 2010-0150195 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. A document recorded June 15, 2010 as Instrument No. 2010-0297521 of Official Records provides that City National Bank, a national banking association was substituted as trustee under the deed of trust. 16. Any statutory lien for labor or materials arising by reason of a work of improvement, as disclosed by a document recorded March 27, 2007 as Instrument No. 2007-0205404 of Official Records. 17. An easement for public utilities and incidental purposes, recorded March 7, 2008 as Instrument No. 2008-0122770 of Official Records. In Favor of: Affects: San Diego Gas & Electric Company, a Corporation As described therein The location of the easement cannot be determined from record information. 18. Water rights, claims or title to water, whether or not shown by the public records. 19. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 20. With respect to Carlsbad Oaks North Ventures LP., a california limited partnership: a. That a certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) be recorded in the public records; b. A full copy of the partnership agreement and any amendments; c. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; First American Title ,,. Order Number: LJ-4936911 (06) Page Number: 5 d. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Rrst American Title Order Number: LI-4936911 (06) Page Number: 6 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $25,635.80, PAID WITH PENAL TY Penalty: $2,563.58 Second Installment: $25,635.80, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-15-00 Affects: Lot 18 2. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $21,272.51, PAID WITH PENALTY Penalty: $2,127.25 Second Installment: $21,272.51, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 209-120-16-00 Affects: Lot 19 3. The property covered by this report is vacant land. 4. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 5. It appears that a work of improvement is in progress or recently completed on the land. The Company will require various documents and information, including but not limited to a completed mechanics' lien risk analysis, construction contract(s), lien waivers, loan agreement, disbursement information, executed indemnity agreement and current financial information from proposed indemnitors, in order to determine whether mechanics' lien insurance can be issued. Other requirements may be made following the review of such documents and information. Rrst American Title Order Number: U-4936911 (06) Page Number: 7 The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American Title Order Number: LJ-4936911 (06) Page Number: 8 LEGAL DESCRIPTION Real property in the City of carlsbad, County of San Diego, State of california, described as follows: LOTS 18 AND 19 OF CARLSBAD TRACT NO. 97-13-02, CARLSBAD OAKS NORTH PHASE 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15505, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 23, 2007. APN: 209-120-15-00 and 209-120-16-00 Arst American Title t:! ~ I ~ ii! I§ I ~ j5 Ii !:; ~ i ;i g ~ I ~ l ..... i :t:,. :!: ::! lO ~ !i fil" ij ~ :!: ::::1 ~ ~ ~ ~ " ~ I !i ~ l5 I I ~ i ; ~ ! 09 " "$ .... !'-t,. l'l .., ~ :;i i " ,..,,- ® ' 5 • @ 99.94 AC ,,,, • CTRL I 9754 CARLSBAD TRACT NO. 97-13-0J CARLS8AO OAKS NORTH PHASE J OPEN SPACE POR B 56~AC , .. OPEN SPACI: SAN at:co crum ASSB'S<R"S MAP ! 209-12 SHT 1 OF 2 ,· = 400' 8/26/2010 JGO ~,, .... #.. ~ .. fr..:~ H I'-1'.T[ -,:;c::: 1/U ,,,,,..,,, .,..,. """" "' DI MIIJ(li 4S "' "'"' ...... Jal.Kl llf.l2Cfk g SHT 2 A N00"28'0l•W 8,11 B N5JiJ'JO•E 15,15 c N56'<9'Jo·w 85.95 0 R•264 26,89 E N52'JJ'2J"W 148. 70 F N48'06'JO•E 21.89 G R•100 60 H N43"05'58•E 78.45 J R•56 177.34 (219\ \37 SHT 2 " IOT1ftJJ1f Off 11 Ill Ii ,,,,, " 1• NO ACCESS 2• 'NHIPTAIL LOOP J• CARIBOU CT " " ' 1/51 IJIJ i• SEE RECORO MAP 1+926 FOR ACCESS LOCATIONS MAP 15505-CARLSBAD TCT NO 97-13-02 CARLSBAD OAKS NORTH PHASE 2 MAP 14926-CARLSBAD TCT NO 97-13-01 CARLSBAD OAKS NORTH PHASE l_J MAP 823 -: RHO AGUA HEDIONDA -POR LO T B 0 ~ a. 10 (D (D ... zz C C 3 3 0-O-ro ro :: :: NOTICE Order Number: LI-4936911 (06) Page Number: 10 Section 12413.1 of the california Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. Rrst Americ.an 77tle EXHIBIT A Order Number: LJ-4936911 (06) Page Number: 11 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY lYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (c) land use; (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. 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. Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1 % of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land ( c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. Rrst American ntte Order Number: LJ-4936911 (06) Page Number: 12 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) a notice of exercising the right appears in the public records on the Policy Date (b) 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: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records (c) that result in no loss to you ( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered litle Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POUCY (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 l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of 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 Oaimant 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 ll(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 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such first American Title Order Number: U-4936911 (06) Page Number: 13 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 Trt:le 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. 2006 ALTA OWNER'S POUCY (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, pennit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of 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 Oaimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Oaimant had paid value for the Trtle. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Trtle 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 Trtle 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 Trt:le as shown in Schedule A. The above policy fonn may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 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 Trt:le 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. Rrst American Title ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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 l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13( c), 13( d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 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 Oaimant 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 Oaimant; (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 Oaimant 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 ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Rrst American Title , ... I., I ~ Fust American 1itle Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such infonnation -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal Information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of Its source. First American calls these guidelines Its Fair Information Values. Types of Information Depending upon which of our services you are utlfizing, the types of nonpublic personal Information that we may collect Include: • Information we receive from you on applications, forms and in other communications to us, whether In writing, In person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffillated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information Indefinitely, Including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide an of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and esaow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial (.orporation is sensitive to privacy issues on the Internet. we believe it is important you know how we treat the Information about you we receive on the Internet. In general, you can visit First American or Its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar Information. First American uses this information to measure the use of our site and to develop Ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When Information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal Information with us, we will only use it In accordance with the policies outlined above. Business Relationships First American Financial (.orporatlon's site and Its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize Its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct Inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required conections. Education We endeavor ID educare the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use Information in a responsible manner. Security We wiH maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)