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HomeMy WebLinkAboutPRE 2020-0019; SCANLON ADU; Preliminary Review (PRE)Vl C cityof Carlsbad PRELIMINARY REVIEW REQUEST FORM P-14 Community Development Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov PROJECT NAME: -S.~-' N I.... o e-J .0 • D • U , Assessor's Parcel Number(s): 'Z... c:, ~. ~ S 4-. oe::, Description of proposal (add attachment if necessary): \....,,. I v,- Would you like to orally present your proposal to your assigned staff planner/engineer? Yes No Please list the staff members you have previously spoken to regarding this project. Please state "N/ A" If not. FOCUS AREA(S): ,IZf Site Design ~ Land Use O Architecture j21 Zoning Interpretations IZl Engineering Standards ~ Other OWNER N+ME (Print): ...JIM S'-.-4 ...i. L-ON MAILING ADDRESS: , I '2. C:, 2.1 V"1' .-6-it .1::nN ~ s T,:. l £ ,- CITY, STATE, ZIP: C:::.,..,11, ,_._Cit ~.P C.> -~ \. O(.)Q EMAIL ADDRESS: EGAL OWNER AND THAT ALL THE TRUE AND CORRECT TO THE BEST OF MY ,, lo I~() ~ •owner's signature Indicates permission to conduct a preliminary review for a development proposal. P-14 Preliminary Review APPLICANT NAM~ (Pirint): ~ ,A L',.,i ~ tz,, I '-..r rJ. I MAILING ADDRESS: 2-'i ll "> T.-TIL ~ i -~ r f.-,J. CITY, STATE, ZIP: c::::.-~ II.\. Sob..._ D .::::-• -°I 1.. o ~ TELEPHONE: i I ieo o .-1 '2.0 • 1.pt.!, r EMAIL ADDRESS: ie.tc::.J._. T . ..-i.J. S (2 ~0.4 C)"-IJt.......it'---C..Q I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OW AT ALL THE ABOVE INFORMATION IS TRUE T THE BEST OF MY KNOWLEDGE. DATE Revised: 05/20 .-.. _. -\Ii INVOICE (00068832) -" BILLING CONTACT JIM SCANLON 2921 Harding St Carlsbad, Ca INVOICE NUMBER 00068832 REFERENCE NUMBER PRE2020-0019 July 15, 2020 3:33 pm INVOICE DATE INVOICE DUE DATE 07/15/2020 07/15/2020 FEE NAME PRELIMINARY REVIEW-Major (Other) City of Carlsbad C City of 1635 Faraday Avenue C l h d Carlsbad, CA 92008-7314 ar Sua INVOICE STATUS INVOICE DESCRIPTION Due NONE TOTAL $774.00 SUB TOTAL $774.00 TOTAL .... I _____ $_77_4_.o_o_. 11111111111~11111111111111 11111 lllll lllll lllll 111111111111111111 Ci t y of Carlsbad Faraday Center Faraday Cashiering 001 2019701-1 07/15/2020 284 Wed, Jul 15, 2020 04:11 PM Receipt Ref Nbr: R2019701 -1/0040 ENERGOV -ENERGOV Tran Ref Nbr: 201970101 0040 0044 Trans/Rcpt#: 00068832 SET #: 00068832 Amount: Item Subtotal : Item Tota 1: ITEM(S) TOTAL: Check (Chk# 002055) Total Received: Have a nice day! 1@ $774 .00 $774.00 $774.00 $774.00 $774 .00 $774.00 **************CUSTOMER COPY************* Page 1 of 1 w I I H I I I I I I $AMUEL B. WAIGHT 29'1 '1 STATE ST. CARLSBAD CALIF. 92008 • PH. 760. 720. 763 '1 TRANSMITTAL Date I~ j IJi..y z.oz...O Project Number Project for your.review for your use • for your information/files for your approval .per your request (!!and' d;liv~ Description Remarks Issued by Copies to -"FFl..lt..-'-itO"-i /,,.,,. Ti-"' c..i,,.i l~ '"" ,- . 4-~:. Ts aF-p ""'~~s / r=0 L..,. 0 &:.t::> 11 i-"-L P...t..Po"'--r- c:...l+i.. c..i-::-4t:-,_ o i=a:. es • -, , -4-r-o ~ SU, F,!::ot,.,.+11T..4~ Fl:-E.- via fax via federal express via messenger Preliminary Review Request July 15, 2020 Subject: Scanlon A.D.U. 2921 Harding Street Carlsbad, CA 92008 Objective: Confirm an existing detached garage can be converted into a 540 sq. ft. accessory dwelling unit Planning Department Questions: 1. Garage conversion to A. D. U. allowed? 2. Any discretionary permits required? 3. Proposed parking to be (2) 10' x 20' covered spaces, (4) 10'x 20' uncovered/tandom spaces. Ok? 4. A.D.U setbacks? 5. Separation distance between A.D.U. and existing duplex structure? 6. Additional thoughts/concerns? Building Department Questions: 1. Separate gas & electrical meter allowed? 2. Additional thoughts/concerns? Fire Department Questions: 1. Fire protection system required? Note: Existing duplex does not have a fire sprinkler system 2. Additional thoughts/concerns? Engineering Department Questions: 1. Existing 4" sewer lateral ok? {total of 3 bathrooms proposed) 2. Additional thoughts/concerns? I"" CLTA Preliminary Report 'lrorm (Rev. 11/06) __,, Order·Number: DIV-6258029 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Owner: Property: First American 1itle First American Title Company 7676 Hazard Center Drive, Ste 1100 san Diego, CA 92108 California Department of Insurance License No. 151 DIV-6258029 (04) Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@firstam.com Scanlon Family Trust 2921-23 Harding Street Carlsbad, CA 92008 PREUMINARY 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 Tttle 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 exducled from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be Jssued may contain an arbitration dause. WIien the Amount of Insurance is less than that set forth in the arbitration dause, all arbitrable matrels shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the patties. Umitations on Covered Risks applicable to the a. TA and ALTA Homeowners Policies of Tttle 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 exdusions set forth In Exhibit A of this report carefully. The exceptions and exduslons are meant to provide you with notice of matters which are not covered under the tenns 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 Title Page 1 of 16 Dated as of May 29, 2020 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ...., Order Number: DIV-6258029 Page Number: 2 ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2013) and ALTA Ext Loan Policy 1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit 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: James A. Scanlon and Ida E. Scanlon, trustees under Scanlon Family Declaration of Trust dated December 18, 1990 The estate or interest in the land hereinafter described or referred to covered by this Report is: 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 2020-2021, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An unrecorded lease dated March 15, 1973, executed by JOHN H. GRANT AND MARY C. GRANT, HUSBAND AND WIFE as lessor and SOCAL DEVELOPMENT ASSOCIATES, A UMITED PARTNERSHIP as lessee, as disclosed by a MEMORANDUM OF LEASE recorded April 11, 1973 as INSTRUMENT NO. 95527 of Official Records. The SOCAL DEVELOPMENT ASSOCIATES interest under the lease has been assigned to CARLSBAD COMMERCIAL INVESTMENT, LTD., A UMITED PARTNERSHIP by assignment recorded December 21, 1973 as INSfRUMENT NO. 352055 of Official Records. SOCAL DEVELOPMENT ASSOCIATES First American Title Page 2 of 16 Orde~umber: DIV-6258029 Page Number: 3 Defects, liens, encumbrances or other matters affecting the Jeasehold estate, whether or not shown by the public records. 4. An unrecorded lease dated February 02, 1978, executed by JOHN H. GRANT AND MARY C. GRANT, HUSBAND AND WIFE as lessor and CARLSBAD COMMERCTAL INVESTMENT, LTD. A UMITED PARTNERSHIP as lessee, as disdosed by a MEMORANDUM OF LEASE recorded February 14, 1978 as INSTRUMENT NO. 57662 of Official Records. The CARLSBAD COMMERCTAL INVESTMENT, LTD., A UMITED PARTNERSHIP interest under the lease has been assigned to DAVISON OBENAUER AND NONNE G. DE OBENAUER by assignment recorded February 14, 1978 as INSTRUMENT NO. 57663 of Official Records. CARLSBAD COMMERCIAL INVESTMENT, LTD., A UMITED PARTNERSHIP Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. 5. The terms and provisions contained in the document entitled "JOINT USE PARKING AGREEMENT" recorded October 02, 2013 as INSTRUMENT NO. 13-598455 OF OFFICIAL RECORDS. 6. WE FIND NO OPEN DEED OF TRUST. THE COMPANY WILL REQUIRE SATISFACTORY PROOF, PRIOR TO INSURING THE CONTEMPLATED TRANSACTION, THAT THE SUBJECT PROPERTY IS FREE FROM ANY ENCUMBRANCES. PLEASE PROVIDE THE FOLLOWING: A. AN AFFIDAVIT (Click Here}, EXECUTED BY ALL THE SELLERS/BORROWERS STATING THAT THE PROPERTY IS FREE AND CLEAR, AND NOTARIZED IN FRONT OF A FIRST AMERICAN APPROVED NOTARY; B. THE OWNER STATEMENT FROM THE ESCROW INSTRUCTIONS; AND C. A WRITTEN STATEMENT FROM ESCROW CONFIRMING WHO THE PROCEEDS WILL BE DISBURSED TO. 7. Rights of parties in possession. 8. Water rights, claims or title to water, whether or not shown by the Public Records. 9. This transaction may be subject to a Geographic Targeting Order ("GTO") issued pursuant to the Bank Secrecy Act. Information necessary to comply with the GTO must be provided prior to the closing. This transaction will not be insured until this information is submitted, reviewed and found to be complete. 10. The new lender, if any, for this transaction may be a Non-Institutional Lender. If so, the Company will require the Deed of Trust to be signed before a First American approved notary. Prior to the issuance of any policy of title Insurance, the Company will require: 11. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the california Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. First American Title Page 3 of 16 ~ Order Number: DIV-6258029 Page Number: 4 c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. First American Tltle Page 4 of 16 INFORMATIONAL NOTES ..._,, Order Number: DIV-6258029 Page Number: 5 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 dause, 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 2019-2020. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $724.04, PAID $0.00 $724.04, PAID $0.00 09098 203-354-08-00 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Multi Family Residence known as 2921-23 HARDING STREET, CARLSBAD, CA. 3. 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 NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in Federal Housing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in the Public Records on or after February 8, 2011, encumbers the Title except as follows: None 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. First American Title Page 5 of 16 LEGAL DESCRIPTION .r" ~ Order Number: DIV-6258029 Page Number: 6 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE SOUTHEAST FIVE FEET OF LOT 19, ALL OF LOT 20 AND THE NORTHWEST 20 FEET OF LOT 21 IN BLOCK 56 OF CARLSBAD, IN TI-fE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA ACCORDING TO THE AMENDED MAP TI-fEREOF NO. 775, FILED IN TI-fE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 15, 1894. APN: 203-354-08-00 First American Title Page 6 of 16 ::?I i;j" ..... ,~ -.J~ =~· CTI :::, ~ as- __J 09 ~ ... ~ ~ .. ~ l ~ - ~ 0 z ~ 0 '"" • ~ ,._ __ ___j 11 e s W 3 z I I ... 15 14 1 13 121 11 10 • e Q I 10 19 ,BrK1 6r~, , '·' !I ~ tri ·1 ' ~ H:i ln. fs Cf : HARDING (!ffH :i'l:) "H'H-..'• Rt" 1a1na:rr1a1 • ., -I '~ •i • I •14 131 II f I j 8I . @ @0.12 It, l w ~ > •1: IS Fi 12 . 10 9 7 ~ I ! I I I I I I ~~~ I I I I I ' I I I I I I I ,,., ~ JEFFERSON ~ . (4TH 'ST.) l i J~ iii' I : , I ii: 1 I!. 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DIV-6258029 Page Number: 8 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. First American ntle Page 8 of 16 EXHIBIT A ._,,,, Order Number: DIV-6258029 Page Number: 9 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE Toe following matters are expressly exduded 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 (induding but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (I) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, llen 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 daims 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 daimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured daimant and not disdosed in writing to the Company by the insured daimant prior to the date the Insured daimant became an insured under this policy; (c) resulting in no loss or damage to the insured daimant; (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 daimant 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 unenforceabllity of the lien of the insured mortgage, or daim 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 daims 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 dalms 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 daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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 unless such lien is shown by the public records at Date of Policy. CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12·02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; First American Title Page 9 of 16 Order"'l(umber: DIV-6258029 Page Number: 10 d. improvements on the Land; e. land division; and f. environmental protection. This Exdusion 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 Exdusion does not limit the coverage described In Covered Risk 14 or 15. 3. The right to take the Land by condemning it This Exduslon 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 Polley Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no los:s 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 Exdusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever Is less) 1 o/o of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POUCY (06-17-06) EXCLUSIONS FROM COVERAGE Qur Maximum Doljar Limit of Liability $10,000 $25,000 $25,000 $5,000 The following matters are expressly exduded 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 (induding 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 Exduslon l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exdusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse dalms, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (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 Oaimant prior to the date the Insured Oaimant became an Insured under this policy; First American ntle Page 10 of 16 ,.....,. ~ Order Number: DIV-6258029 Page Number: 11 (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any daim, 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 Exdusion 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 Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[ or l]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: [PARTI [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or daims 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 daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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 unless such lien is shown by the Public Records at Date of Policy. 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 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (induding 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 Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured aaimant and not disclosed in writing to the Company by the Insured Oaimant prior to the date the Insured aaimant became an Insured under this policy; First American Title Page 11 of 16 -Order Number: DIV-6258029 Page Number: 12 (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 Title. 4. Any daim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude 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 Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also indude the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or daims 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 daims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining daims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, daims 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 unless such lien is shown by the Public Records at Date of Policy. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (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 (induding 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 Exdusion 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 Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Oaimant; (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 Oaimant prior to the date the Insured Oaimant 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 Exdusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any daim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American Title Page 12 of 16 . . .._, Order Number: DIV-6258029 Page Number: 13 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 Exdusion 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 Exdusion 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 Exdusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any daim, 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. Rrst American Title Page 13 of 16 1 ill Ma ,t I .:'~ FirstAmerican Tit/e™ Privacy Notice Effective: January 1, 2020 Notice Last Updated: January 1, 2020 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our'') collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties. For more information about our privacy practices, please visit https://www.firstam.com/privacy-policy/index.html. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type Of Information Do We Collect About You? We collect both personal and non-personal information about and from you. Personal information is non-public information that can be used to directly or indirectly identify or contact you. Non-personal information is any other type of information. How Do We Collect Your Information? We collect your personal and non-personal information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We use Your Information? We may use your personal information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. We may use your non-personal information for any purpose. How Do We Share Your Personal Information? We do not sell your personal information to nonaffiliated third parties. We will only share your personal information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. If you have any questions about how First American shares your personal information, you may contact us at dataprivacy@firstam.com or toll free at 1-866-718-0097. How Do We Secure Your Personal Information? The security of your personal information is important to us. That is why we take commercially reasonable steps to make sure your personal information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information. How Long Do We Keep Your Personal Information? We keep your personal information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your personal information. In accordance with applicable law, your controls and choices. You can learn more about your choices, and exercise these controls and choices, by sending an email to dataprivacy@firstam.com or toll free at 1-866-718-0097. International Jurisdictions: Our Products are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF farm 10-PRIVACY19 (1-10-20) page 1 of 3 Privacy Notice (2019 First American Financial Corporation)! . , First American Tit1e™ tegoriesof hircl Parties hared e categories of third parties with whom we've shared personal information include, but may not be imited to: advertising networks; internet service providers; data analytics providers; service providers; overnment entities; operating systems and platforms; social media networks; non-affiliated third arties· affiliated third arties Categories of Personal Information We Have Sold In The Past Year. We have not sold any personal information of california residents to any third party in the twelve months preceding the date this Privacy Notice was last updated. Categories of Personal Information Disclosed For A Business Purpose In The Past Year. The following is a list of the categories of personal information of california residents we may have disclosed for a business purpose in the 12 months preceding the date this Privacy Notice was last updated: The categories of personal information we have collected include, but may not be limited to: real name; signature; alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; address; telephone number; passport number; driver's license number; state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF form 10-PRIVACY19 (1-10-20) page 3 of3 Privacy Notice (2019 First American Financial Corporationj