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Home My WebLink AboutAMEND 2017-0012; LA COSTA TOWN SQUARE PARCEL 3 RESIDENTIAL; Tentative Map (CT)( City of 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 D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care {Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D HIiiside Development Permit D Minor D Nonconforming Construction Permit [RI Planned Development Permit D Minor [gj Residential D Non-Residential 0 Planning Commission Determination 0 Reasonable Accommodation ~ Site Development Plan 0 Minor D Special Use Permit D Tentative Parcel Map {Minor Subdivision) [RI Tentative Tract Map {Major Subdivision) 0 Variance D Minor {FOR DEPT. USE ONLY) Legislative Permits ' fVO u 1'\ , ooot\- SDY ·u)I 9J -00 I A c.:;1 i«:>l1,000'3 D General Plan Amendment D Local Coastal Program Amendment [!] Master Plan D Specific Plan D Zone Change [RI Amendment □Amendment D 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 D Major {FOR DEPT. USE ONLY) ,...,, .... _.._.rv '2-"l 1-00 n .. NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT". PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 223-050-73-00 Project is located on La Costa Ave., west of Camino De Las Caches & north of Calle Timiteo. (STREET ADDRESS) La Costa Town Square Parcel 3 Rt.~r~\.,'6-\ Project proposes a total of 91 Units comprised of 73 market rate attached condominiums within17 3-story buildings & 18 Affordable units within 1 3-story building. TBD ESTIMATED COMPLETION DATE Fall 2019/Winter 2020 Development No. 12£'1 Zo \ 1-0 \J -2, Lead Case No. P-1 Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if'appllcable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (PLEASE PRINT) Carlos Palafox La Costa Parcels, LLC 4695 MacArthur Cl., # 700 Newport Beach, CA 92660 (949) 662-2144 r-tfll~~fcreiai -co - 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 PU SI DATE APPLICANT NAME INDIVIDUAL NAME (If applicable): COMPANY NAME (If applicable): TRC Retail MAILING ADDRESS: 4696 MacArthur Ct., # 700 -----------'------ CI TY, STATE, ZIP: Newport Beach, CA 92660 TELEPHONE: (949) 662-2144 EMAIL ADDRESS: tfilzpatrick@lrcretail.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER ANO THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY l<NOWLEDGE. 6 -2?:/2_. DATE APPLICANT'S REPRESENTATIVE (Print): Ryan Martin, Hunsaker & Associates, San Diego Inc MAILING ADDRESS: 9707 Waples Street CITY, STATE, ZIP: San Diego, CA 92121 TELEPHONE: (858) 558-4500 EMAIL ADDRESS: RyanMartin@HunsakerSD.com IN T E PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND At-j SUCCESSORS IN INTEREST. FOR CITY USE ONLY P•1 Page 2 of6 I I) I I I 'll 1 / Cl I Y l >r CAI >Um/\O I 'J /\NNINC~ l >IVISI N DATE STAMP APPLICATION RECEIVED RECEIVED BY: Revised 03/17 --------------.. ,, ___________ __ ( Cicyof 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, corporation, estate, trust, receiver, syndicate, in this and any other county, city and county, city municipality, district or other political subdivision or any other group or combination acting as a unit." Agents may sign this document; however, the legal name and entity of the applicant and property owner must be provided below. 1. APPLICANT (Not the applicant's agent) Provide the COMPLETE, LEGAL names and addresses of ALL persons having a financial interest in the application. If the applicant includes a corporation or partnership, include the names, titles, addresses of all individuals owning more than 10% of the shares. IF NO INDIVIDUALS OWN MORE THAN 10% OF THE SHARES, PLEASE INDICATE NON-APPLICABLE (N/A) IN THE SPACE BELOW. If a publicly-owned corporation, include the names, titles, and addresses of the corporate officers. (A separate page may be attached if necessary.) Person Carlos Palafox Corp/Part._T_R_C_R_e_ta_i_l ______ _ Title SVP of Development Title ·--------------Address 4695 MacArthur Ct, Suite 700, Newport Beach Address Same ------------ 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 Carlos Palafox Title SVP of Development Address 4695 MacArthur Ct, Suite 700 Newport Beach, CA 92660 Corp/Part TRC-Retail Title. _____________ _ Address 4695 MacArthur Ct, Suite 700 Newport Beach, CA 92660 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 $500 worth of business transacted with any member of City staff, Boards, Commissions, Committees and/or Council within the past twelve (12) months? D Yes I ✓ I No If yes, please indicate person(s): __________ _ NOTE: Attach additional sheets if necessary. I certify that all the above information is true and correct lo the best of my knowledge. 1 ) . J ,, C c/, .. A~~J lv/2t Y O i4--✓--d ~',A'~ / Signature of owfer/dat<I , ~!,gl'lature of applicanUda~ .. D " ,..J ') u . F,x (_ Af?J,$ 1 Al-4T?•,ti· Pri wner Print or type name of applicant ' - Prin or type name of owner/applicant's agent P-1(A) Page 2of 2 Revised 07110 ( Cicyof Carlsbad ,, ------------ PROJECT DESCRIPTION P-1(8) Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PRoJEcrNAME: La Costa Town Square Parcel 3 APPLICANT NAME: TRC RETAIL 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: The subject property is located on La Costa Avenue across from Calle Timiteo. The site is within the La Costa Master Plan (MP 149) and is approximately 7 .2 gross acres and approximately 6.3 net acres. The site has a General Plan Land Use designation of R-23 and is Zoned PC (Office). A minor Master Plan Amend- ment is required to change the underlying Zoning from Office to Residential Medium Density (ROM). The project proposes a total of 95 Multi-family condominium units of which 76 are market rate units and 19 are affordable units. There are a total of 19 3-story buildings, 18 Market Rate buildings and 1 Affordable building. Each product has 3 different plan types with the Affordable plans ranging in size from 560 sq. ft. to 1,050 sq. ft. and the Market Rate plans ranging from 1,450 sq. ft. to 1,600 sq.ft. The property is accessed via a Private drive aisle off of La Costa Avenue and provides private drive aisles for access to the individual buildings and parking ar- eas. Both active and passive recreation areas are provided as part of the com- munity. Discretionary approvals requested are a two lot Tentative Map and a Planned Development Permit along with the Master Plan Amendment. P-1(8) Page 1 of 1 Revised 07/10 0 0 { City of 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): Iii 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 Ar! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name:_T_R_C_R_e_t_a_il _____ _ Address: 4695 MacArthur Ct., # 700 Newport Beach, CA 92660 Phone Number: (949) 662-2144 PROPERTY OWNER Name: La Costa Parcels, LLC Address: 4695 MacArthur Ct., # 700 Newport Beach, CA 92660 Phone Number: (949) 662-2144 Add f S·t Project is located on La Costa Ave., west of Camino De Las Caches & north of Calle Timiteo. ress o I e: __________________________ _ Local Agency (City and County): City of Carlsbad, County of San Diego 223-050-73-00 Assessor's book, page, and parcel number: _________________ _ Specify list(s):_N_/A ______________________ _ Regulatory Identification Number:_N_/ A __________________ _ Date of List: N / A ---------------------------- 6-27-17 The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1 (C) Page 1 of 2 Revised 02/13 ., . C. ··- ENVIRONMENTAL INFORMATION FORM (To be Completed by Applicant) Date Filed: 07 ( ?>\ l 'Zc>\] (To be completed by City) Application Number(s): At:iEN'D'kl.J ... oo-u l C..T'lun -0003 l 'j>01) 2o\7 -0{)()1,r General Information 1. 2. 3. 4. 5. 6. 7. 8. 9. Nameofproject: La Costa Town Square Parcel 3 Name of developer or project sponsor: _T_R_C_R_e_t_a_i_l __________ _ Address: 4695 MacArthur Ct., # 700 City, State, Zip Code: Newport Beach, CA 92660 Phone Number: (949) 662-2144 Name of person to be contacted concerning this project: Thomas Fitzpatrick Address: 4695 MacArthur Ct., # 700 City, State, Zip Code: Newport Beach, CA 92660 Phone Number: (949) 662-2144 Add f P . t Project is located on La Costa Ave., west of Camino De Las Coches & north of Calle Timiteo. ress o roJec: ______________________ _ Assessor's Parcel Number: 223-050-73-00 --------------------- 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: TM & Planned Development Permit as well as Minor Master Plan Amendment R-23 Existing General Plan Land Use Designation: ______________ _ Existing zoning district: _P_-_C--'( __ L_a_C_o_s_t_a_M_a_s_t_e_r_P_la_n-'-) ____ _ Existing land use(s): Vacant-Mass Graded Pad Proposed use of site (Project for which this form is filed): Project proposes a total of 91 Units- 73 market rate attached condominiums within17 3-story buildings & 18 Affordable units within 1 3-story building. Project Description 10. Site size: Approximately 7 .2 Ac 11. 12: 13. 14. P-1 (D} Proposed Building square footage: 17 Attached Condo Bldgs and 1 Affordable Bldg. Numberoffloorsofconstruction: 3 story Multi-Family Attached Units Amount of off-street parking provided: _2_0_2_S--'p_a_c_e_s __________ _ La Costa Town Square CT 01-09 & Office Site (Dwg 474-7a) & EIR 01-02 Associated projects: ______________________ _ Page 2 of4 Revised 07 /10 15. If residential, include the number of units and schedule of unit sizes: ________ _ 73 3-Story Market Rate Units ranging from 1,450 SF to 1,600 SF 18 3-story Affordable Units ranging from 560 SF to 1,050 SF Both Market Rate & Affordable Units includes 3 different Plan Types 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: ____ _ N/A 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: _________________ _ Project requires Master Plan Minor Amendment 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 □ 0 alteration of ground contours. 21. Change in scenic views or vistas from existing residential areas or public lands or □ 0 roads. 22. Change in pattern, scale or character of general area of project. □ 0 23. Significant amounts of solid waste or litter. □ 0 24. Change in dust, ash, smoke, fumes or odors in vicinity. □ 0 25. Change in ocean, bay, lake, stream or ground water quality or quantity, or □ 0 alteration of existing drainage patterns. 26. Substantial change in existing noise or vibration levels in the vicinity. □ 0 27. Site on filled land or on slope of 10 percent or more. □ 0 28. Use of disposal of potentially hazardous materials, such as toxic substances, □ 0 flammables or explosives. 29. Substantial change in demand for municipal services (police, fire, water, sewage, □ 0 etc.). 30. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.). □ 0 31. Relationship to a larger project or series of projects. 0 □ Environmental Setting 31. 32. & 33. PROJECT IS PART OF LARGER PROJECT KNOWN AS LA COSTA TOWN SQUARE & CERTIFIED EIR 01-02 AND ALL ASSOCIATED AND RELATED PERMITS & APPROVALS Attach sheets that include a response to the following questions: 32. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 33. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the att hed exhibit information required for this initial evaluation to the best of my abilit , and that th information presented are true and correct to the best of my knowle e and belie . Date: _C'b___,,,,__,__,J~_/2..__r-J---'--- For: P-1(0) Page 4 of 4 sent the data and ts, statements, and Revised 07/10 ~\ r\ 0 ~ \ V "\ "" "\ , ':\ "\ ~i 11 ~ \ " 1 -:. .. ■HUNSAKER ~~~~~~!ES l'\NHC '11111W..,- EtOmlNC Sin llllF, Ca IZ1Z1 Uvm«: ~-1X(1511S51.1414 PHOTO LOCATION MAP SHEET LACOSTA 1 ~ TOWN SQUARE OF ij 9 City of Carlsbad, California d it R:\1204\&Pln\Exhlblta\EXH OOJ Site lmave1.dwv[]Jun-29-2017:17:20 LOCATION 1 ■HUNSAKER SITE PHOTOS SHEET ~~~~~~TES LACOSTA 2 ~ TOWN SQUARE OF Pl»NNC!11'117W.,.- INGNIBIIC Soni:..., Ca 1Z1Z1 9 SUIYEYN. 1'1C11511)55M!O, FX(e5elm.1414 City of Carlsbad, California cS iii R:\1204\&Pln\E'xhlbilll\EXH OOJ Site lmage■.dwg()Jun-29-2017:17:11 LOCATION2 ■HUNSAKER SITE PHOTOS SHEET ~ ~~~~½-TES LACOSTA 3 ij TOWN SQUARE OF IWHNC '11111 W..-Snot ~ INQN!IUIC Son ..... Ca IZ111 9 UffltlC Ml5ll55H500· FX(wls5a.1414 City of Carlsbad, California cl lli R:\1204\&Pln\Exhlblu\EXH 003 Site lrnogee.d"9(}Jun-29-2017:17:09 LOCATION 3 ■HUNSAKER ~ ~~~~~TES SITE PHOTOS LACOSTA TOWN SQUARE l'IANNINC '11111W.,.Slnol = = = = = ~ = ==== == ===== SHEET 4 OF : EtOmlNC Son DIIF, Ca tz1l1 ~ uVEYNC Plfl5l)SSM500, FX(ase1S51.1414 City of Carlsbad, California ~ R:\1204\a:Pln\Exhlblta\EXH OOJ Site lffl0989.dwg()Jun-29-2017:17:1J LOCATION 4 ■HUNSAKER SITE PHOTOS SHEET ~~~~9f~TE5 LACOSTA 5 ~ TOWN SQUARE OF l'WININC 'llf11 w..,. so.t ~ ~ Son ..... Ca 9Z1Z1 9 Uvm«. M15115SM500• FX(esllsst.1414 City of Carlsbad, California cS la R:\1204\cll:Pln\E:xhlblta\EXH OOJ Sit■ lrnaga.dwg[)Jun-29-2017:17:14 LOCATION 5 ■HUNSAKER SITE PHOTOS SHEET ~ ~~~<?f~ TES LAtCOSTA 6 ; TOWN SQUARE OF PWNNC '11111\VlpB- ENCHBINC Soni:..., Ca 1Z1Z1 9 SUlvm«. l'IU5ll)S5H500, fX(uOssl.1414 City of Carlsb~d, California 0 llli R:\1204\&:Pln\Exhlblb\EXH OOJ Sib lmagn.dwll[)Jun-29-2017:17:15 LOCATION 6 ■HUNSAKER SITE PHOTOS SHEET ~ ~~~?f½-TE5 LACOSTA 7 ~ TOWN SQUARE OF PWNNC 'Rl11W.,S-ij INCNBINC Son llllF, Ca 1Z1Z1 9 SUlvm«. l'ICl5l055M500• fX(e511s51.1414 City of Carlsbad, California ti iii R:\1204\.tPln\Exhlblta\EXH OOJ Site !""'9'111,dwg(]Jun-29-2017:17:111 LOCATION 7 ■ HUNSAKER SITE PHOTOS SHEET ~~?~'?f~!ES LACOSTA 8 ; TOWN SQUARE OF PIANNINC flf11W..,.- ENCNBINC 5on a., Ca 1Z1Z1 9 uvm«. 1'1U51155M50o· IX(aselm.1414 City of Carlsbad, California c:i llli R:\1204\,CP1n\£xhlblb\EXH OOJ Site l1T1C1g91.dw9[)Jun-29-2017:17:18 LOCATION 8 ■HUNSAKER SITE PHOTOS SHEET ~~~~9f~TE5 LACOSTA 9 ~ TOWN SQUARE OF l'IANN1NC '11!11WlplosS-~ IIOlilaNC Son ~ Ca IZ1Z1 9 UVEYtlC PIUSl155M500· FX(e5els5l.1414 City of Carlsbad, California d lo R:\1204\~\Exhlblb\EXH 003 Site lmage1.dwg()Jun-29-2017:17:19 { City of Carlsbad TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) . PLEASE NOTE: Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to detem,ine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requirement or whether all requirements are necessary for your particular application} please call (760) 602-46~0. /) XApplicantSignature: ~ &v p:!~ Staff Signature: cJ.vsa •ri/1= Date: ---=0'--'6'"'+-'/ (...,,0,../....,U>~\.__'7_.__ ____________ _ To be stapled with receipt to the application P-1(E) Page 1 of 1 Revised 07/10 ~Chicago Title Company 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00073489-994-LT2-DB Chicago Title Company 26415 Carl Boyer Drive255 Santa Clarita, CA 91350 ATTN: Elissa Gausnell Email: DL-CTI-LosAngeles-Gausnel l@ctt.com Ref: NBU# 73474-57 PROPERTY: LA COST A A VE, CARLSBAD, CA Escrow/Customer Phone: (213) 488-4300 Title Officer: Dave Balassi (LA/Comm) Title Officer Phone: (213) 488-4394 Title Officer Fax: (213) 488-4360 Title Officer Email: DL-CTI-LosAngeles- UnitX49@ctt.com 20,PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land Chicago Title Company 8y ~ By: __ __._ ____ _ Randy Quirk Pruidenl Authorized Signature Michael Gta-.1111 Stcrtlary CL TA Preliminary Report Form -Modified (11 /17/06) Page 1 r· ~Chicago Title C~pany 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488-4300 • Fax: (213) 488-4377 20,PRELIMINARY REPORT EFFECTIVE DATE: May 23, 2017 at 7:30 a.m., Amended: June 20, 2017, Amendment No. 1 ORDER NO.: 00073489-994-LT2-DB The form of policy or policies of title insurance contemplated by this report is: I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: Fee Estate 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: La Costa Parcels, LLC, a Delaware limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form-Modified (11/17/06) Page 2 C PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00073489-994-LT2-DB THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 3 OF CITY OF CARLSBAD MINOR SUBDIVISION NO. 04-08 RECORDED BY THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON JULY 11, 2012 AS PARCEL MAP NO. 20982. EXCEPTING THEREFROM, ALL MINERALS, MINERAL RIGHTS, OIL, OIL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, PETROLEUM, PETROLEUM RIGHTS, OTHER HYDROCARBON SUBSTANCES, GEOTHERMAL STEAM, ALL UNDERGROUND WATER, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, IN OR UNDER WHICH MAY BE PRODUCED FROM THE PROPERTY WHICH UNDERLIES A PLAN PARALLEL TO AND 500 FEET BELOW THE PRESENT SURF ACE OF THE PROPERTY, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERATING THEREFORE AND STORING IN AND REMOVING THE SAME FROM THE PROPERTY OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPS TOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THE PROPERTY, OIL, WATER, OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUB SURF ACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY WELLS OR MINES, WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERA TE THROUGH THE SURF ACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY DAON CORPORATION IN DEED RECORDED JUNE 23, 1983 AS FILE NO. 83-212476, OF OFFICIAL RECORDS. APN: 223-050-73 CLTA Preliminary Report Form -Modified (11/17/06) Page 3 C PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 Chicago Title Company ORDER NO.: 00073489-994-LT2-DB EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017-2018. B. A Notice of Special Tax Lien by City of Carlsbad, Community Facilities District No. l, State of California was recorded: Recording Date: May 20, 1991 Recording No.: 236959 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Carlsbad, County of San Diego. The tax may not be prepaid. C. An assessment by the improvement district shown below: Assessment (or Bond) No: Series: District: For: Bond issued: 1915 96-1 San Diego City Olivnhain Water96-l October 4, 1996 Said assessment is collected with the county/city property taxes. Matters contained in that certain document Entitled: For: Executed by: Recording Date: Recording No: Notice of Amended Reassessment Reassessment District No. 96-1 (OMWD Water Storage Project) Olivenhain Municipal Water District, County of San Diego May 2, 2016 2016-0206946, of Official Records Reference is hereby made to said document for full particulars. D. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. This exception has been intentionally deleted. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: roadway Recording Date: July 14, 1977 Recording No: 77-281161 of Official Records Affects: A portion of said land as more particularly described in said document CLTA Preliminary Report Form-Modified (11/17/06) Page4 C PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 Chicago Title Company ORDER NO.: 00073489-994-LT2-DB 4. A conditional certificate of compliance Dated: December 5, 1989 Executed by: City of Carlsbad Compliance No.: not shown EXCEPTIONS (Continued) Recording Date: Recording No: December 15, 1989 89-680019, of Official Records Reference is hereby made to said document for full particulars. 5. This exception has been intentionally deleted. 6. The fact that said land is shown on Record of Survey Map No. 12915 recorded October 4, 1990. Affects: Parcel Map 20982 Reference is hereby made to said document for full particulars. 7. Matters contained in that certain document Entitled: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee Dated: Executed by: Recording Date: Recording No: March 2, 1992 M.A.G. Properties, a partnership and the City of Carlsbad, a municipal corporation June3, 1992 1992-034 3123 of Official Records Reference is hereby made to said document for full particulars. 8. Matters contained in that certain document Entitled: Agreement Between Developer-Owner and the City of Carlsbad for the Payment of a Public Facilities Fee Dated: Executed by: Recording Date: Recording No: August 31, 1993 M.A.G. Properties, a partnership and the City of Carlsbad, a municipal corporation September 13, 1993 1993-0599397 of Official Records Reference is hereby made to said document for full particulars. 9. This exception has been intentionally deleted. 10. Matters contained in that certain document Entitled: Dated: Permanent Stormwater Quality best Management Practive Maintenance Agreement August 6, 2012 Executed by: Recording Date: Recording No: Property Development Centers a Delaware corporation, and the City of Carlsbad, a municipal corporation of the State of California August 23, 2012 2012-0506489 of Official Records Reference is hereby made to said document for full particulars. CL TA Preliminary Report Form -Modified (11/17 /06) Page 5 -PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 Chicago Title Company ORDER NO.: 00073489-994-LT2-DB EXCEPTIONS (Continued) 11. Matters contained in that certain document Entitled: Dated: Executed by: Recording Date: Recording No: Hold Harmless Agreement Geological Failure July 19, 2012 Property Development Centers a Delaware corporation August 23, 2012 2012-0506491 of Official Records Reference is hereby made to said document for full particulars. 12. Matters contained in that certain document Entitled: Dated: Notice of Restriction on Real Property August 13, 2012 Executed by: Property Development Centers a Delaware corporation, and the City of Carlsbad, a municipal corporation of the State of California Recording Date: September 7, 2012 Recording No: 2012-0540232 of Official Records. Reference is hereby made to said document for full particulars. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: sanitary sewers December 12, 2012 2012-0781498 of Official Records A portion of said land as more particularly described in said document 14. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Recording Date: Recording No: Affects: public street and public utilities December 28, 2012 2012-0821617 of Official Records A portion of said land as more particularly described in said document 15. Matters contained in that certain document Entitled: Recording Date: Petition, Waiver and Consent to Creation of a Community Facilities District and Agreement to Pay Fair Share Cost of La Costa Towne Square-Commercial (CT 01-09) January 16, 2013 Recording No: 2013-0033112, of Official Records Reference is hereby made to said document for full particulars. 16. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Non-Disturbance and Attornment Agreement Property Development Centers LLC, a Delaware limited liability company The Vons Companies Inc., a Michigan corporation January 2, 2015 2015-0000796, of Official Records CLTA Preliminary Report Form -Modified (11/17 /06) Page 6 PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 Chicago Title Company ORDER NO.: 00073489-994-LT2-DB EXCEPTIONS (Continued) The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: The herein described Land and other land. 17. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Memorandum of Shopping Center Lease La Costa Town Center LLC, a Delaware limited liability company Michael Stores, Inc., a Delaware corporation October 23, 2015 2015-0555027, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: The herein described Land and other land. 18. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No: Subordination, Non-Disturbance and Attornment Agreement La Costa Town Center LLC, a Delaware limited liability company Michael Stores, Inc., a Delaware corporation October 23, 2015 2015-0554635, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Affects: The herein described Land and other land. 19. Please be advised that our search did not disclose any open Deeds of Trust ofrecord. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 20. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 21. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. CLTA Preliminary Report Form -Modified (11/17/06) Page 7 C PRELIMINARY REPORT YOUR REFERENCE: NBU# 73474-57 EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00073489-994-LT2-DB PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form -Modified (l l/17/06) Page 8 PRELIMINARY REPORT C YOUR REFERENCE: NBU# 73474-57 -· Chicago Title Company -..,.;I ORDER NO.: 00073489-994-LT2-DB REQUIREMENTS SECTION 1. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 2. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: La Costa Parcels, LLC, a Delaware limited liability company a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b) Ifa domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page 9 PRELIMINARY REPORT C YOUR REFERENCE: NBU# 73474-57 "' Chicago Title Company __,, ORDER NO.: 00073489-994-LT2-DB INFORMATIONAL NOTES SECTION 1. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. 2. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 3. The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as La Costa Ave, located within the city of Carlsbad, California, , to an Extended Coverage Loan Policy. 4. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Exemption: Code Area: Dave Balassi (LNComm)/blc 223-050-73-00 2016-2017 $53,477.11 $53,477.11 -None- 09186 END OF INFORMATIONAL NOTES CLTA Preliminary Report Form-Modified (11/17/06) Page IO C -FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain How Information is Collected. We may collect personal information personal information about you, like your contact information, address from you via applications, forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, you and others related to our transactions with you. When you visit our passport, other government ID numbers and/or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing information from your Internet browser, and store certain information available to us through your Internet computer and/or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information Is Disclosed. We may disclose your information to information to provide products and services to you, to improve our our affiliates and/or nonaffiliated parties providing services for you or products and services, and to communicate with you about these us, to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt-out of certain disclosure or use of from children who are under the age of 13, and our website is not your information or choose to not provide any personal information to intended to attract children. us. Privacy Outside the Website. We are not responsible for the privacy International Users. By providing us with you information, you consent practices of third parties, even if our website links to those parties' to its transfer, processing and storage outside of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (DSI Rev. 3/2/17) Page 1 Order No. 00073489-994-L T2-DB C _,, FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financia~ Inc. and its majority-owned subsidiary companies providing title insurance, real estate-and loan-related services ( collectively, "FNF", "our" or "we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf ofFNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website"). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance, real estate-and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain, time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 MISC0219 (OSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00073489-994-L T2-DB r , '--.....,, • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes -to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates' everyday business purposes -information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates' everyday business purposes -information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country ofresidence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02 l 9 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00073489-994-L T2-DB C ~ For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number -masked upon entry; • email address; • three security questions and answers; and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (I) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction." If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 FNF Privacy Statement (Eff. 5/1/2015) Last Updated March I, 2017 MISC02 l 9 (DSI Rev. 3/2/17) Copyright© 2017. Fidelity National Financial, Inc. All Rights Reserved Page 4 Order No. 00073489-994-L T2-DB Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF') must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company CTC -Chicago Title Company Available Discounts FNF Underwriter CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner ofrecord, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice ofa defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; ( c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or ( e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One (6-5-14) CA & NV 5. 6. 7. 8. 9. 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. Failure to pay value for Your Title. 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. 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. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21 : Your Deductible Amount 1.00% % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1.00% % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision 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 Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien ofthe Insured Mortgage because of the inability or failure ofan Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien 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 ofrecording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk l l(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B -Part II,( t( or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: Attachment One (6-5-14) CA & NV ,..... (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; ( ii) the character, dimensions, or location of any improvement erected on the Land; ( iii) the subdivision 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 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) Attachment One (6-5-14) CA & NV ,--. .~-.... '-'. _, ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; ( c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk l l(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (6-5-14) CA & NV ' . .. . OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 00073489-994-L T2-DB for full legal description (the "Land"). b. Declarant is the _____________ of ________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at -------------------------------------' further described as follows: See Preliminary Report/Commitment No. 00073489-994-L T2-DB for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________________ upon the Land in the approximate total sum of $ _____ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --------------------------------· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ___________ _ MISC0220.doc -Owner's Declaration (Rev. 05/05/15) C OWNER'S DECLARATION The undersigned hereby declares as follows: l. (Fill in the applicable paragraph and strike the other) a. b. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at further described as follows: See Preliminary Report/Commitment No. 00073489-994-L T2-DB for full legal description (the "Land"). Declarant is the ____________ of ________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at -------------------------------------' further described as follows: See Preliminary Report/Commitment No. 00073489-994-LT2-DB for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with ___________________ upon the Land in the approximate total sum of$ ____ ~ but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: --------------------------------· Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as ____________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature: ___________ _ MISC0220.doc -Owner's Declaration (Rev. 05/05/15)