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HomeMy WebLinkAboutHMP 2019-0002; SNYDER RESIDENCE; Habitat Management Permit (HMP).~ Ccityof Carlsbad LAND USE REVIEW APPLICATION P-1 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: (CHECK BOXES) Development Permits (FOR DEPT. USE ONLY) Legislative Permits (FOR DEPT. USE ONLY) D Coastal Development Permit D Minor D Conditional Use Permit D Minor D Extension D Day Care (Large) D Environmental Impact Assessment G] Habitat Management Permit ~ Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit D Minor D Residential D Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Minor D Special Use Permit D Tentative Parcel Map (Minor Subdivision) D Tentative Tract Map (Major Subdivision) D Variance D Minor (-IYlf' --2,C)\1-r u,..,- D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change D Amendment D Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major 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 215-050-57-00 1781 Skimmer Court (STREET ADDRESS) Snyder Residence Parcel is located in standards area of the HMP and will need a conservation easement recorded on parcel. ESTIMATED COMPLETION DATE Development No. _D_E_V_2_0_18_-_0_0_3_2 ___ _ Lead Case No. CD f' 2.01 'o-DC)\ "} P-1 Page 1 of6 Revised 03/17 OWNER NAME INDIVIDUAL NAME (if applicable): COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: {PLEASE PRINT) Mike Snyder/David Drinco Jacor Construction Co 10612 Prospect Av #101 Santee CA 92071-8500 619-921-8895 mike@jacor-sd.com LICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): same as owner COMPANY NAME (if applicable): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: SIGNATURE DATE IN THE PROCESS OF REVIEWING COMMISSIONERS OR CITY CO APPLICATION. IMJE CONSEN APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS ENTRY FOR THIS PURPOSE. PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH AN SUCCESSORS I~ ~,._.. P-1 Page 2 of 6 Rt:Ct:IVEO JUL I 7 2019 err'( Of-CARLSBAD PLANNI/\/, DATE STAMPAPPl~,!_¥1\>51$f{B IVED RECEIVED BY: Revised 03/17 C cicyof Carlsbad STORM WATER STANDARDS QUESTIONNAIRE Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov E-34 I INSTRUCTIONS: To address post-development pollutants that may be generated from development projects, the city requires that new development and significant redevelopment priority projects incorporate Permanent Storm Water Best Management Practices (BMPs) into the project design per Carlsbad BMP Design Manual (BMP Manual). To view the BMP Manual, refer to the Engineering Standards (Volume 5). This questionnaire must be completed by the applicant in advance of submitting for a development application (subdivision, discretionary permits and/or construction permits). The results of the questionnaire determine the level of storm water standards that must be applied to a proposed development or redevelopment project. Depending on the outcome, your project will either be subject to 'STANDARD PROJECT' requirements or be subject to 'PRIORITY DEVELOPMENT PROJECT' (PDP) requirements. Your responses to the questionnaire represent an initial assessment of the proposed project conditions and impacts. City staff has responsibility for making the final assessment after submission of the development application. If staff determines that the questionnaire was incorrectly filled out and is subject to more stringent storm water standards than initially assessed by you , this will result in the return of the development application as incomplete. In this case, please make the changes to the questionnaire and resubm it to the city. If you are unsure about the meaning of a question or need help in determining how to respond to one or more of the questions, please seek assistance from Land Development Engineering staff. A completed and signed questionnaire must be submitted with each development project application. Only one completed and signed questionnaire is required when multiple development applications for the same project are submitted concurrently. PROJECT INFORMATION PROJECT NAME: SJ..J 4-f uer-{le:s \ OF-N ~ PROJECT ID: l-lMP2ot?-cxe>2 ADDRESS: \ 1 e, l 'Sl<.,M~~r-Ca'-"-,-.;;r-APN: 2l.S I c~0 ., S7 The project is (check one): [)I New Development D Redevelopment The total proposed disturbed area is:\'3 2 oQ. ' ft2 ( o. ::> o ) acres The total proposed newly created and/or replaced impervious area isl..\\\.•~ ft2 (O •\cl ) acres If your project is covered by an approved SWQMP as part of a larger development project, provide the project ID and the SWQMP # of the larger development project: Project ID ~l /A SWQMP#: ~ LA-I • Then, go to Step 1 and follow the instructions. When completed, sign the form at the end and submit this with your application to the city. E-34 Page 1 of 4 REV 03/19 STEP 1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is you r project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ p(l or structure that do not alter the size (See Section 1.3 of the BMP Design Manual for guidance)? If you answered "yes" to the above question, provide justification below then go to Step 5, mark the third box stating "my project is not a 'development project' and not subject to the requirements of the BMP manual" and complete applicant information. Justification/discussion: (e.g. the project includes only interior remodels within an existing building): If you answered "no" to the above question, the project is a 'development project', Qo to Step 2. STEP2 TO BE COMPLETED FOR ALL DEVELOPMENT PROJECTS To determine if your project is exempt from PDP requirements pursuant to MS4 Permit Provision E.3.b.(3), please answer the following questions: Is your project LIMITED to one or more of the following : YES NO 1. Constructing new or retrofitting paved sidewalks, bicycle lanes or trails that meet the following criteria: a) Designed and constructed to direct storm water runoff to adjacent vegetated areas, or other non- erodible permeable areas; OR □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; OR c) Designed and constructed with permeable pavements or surfaces in accordance with USEPA Green Streets Quidance? 2. Retrofitting or redeveloping existing paved alleys, streets, or roads that are designed and constructed in □ X] accordance with the USEPA Green Streets guidance? 3. Ground Mounted Solar Array that meets the criteria provided in section 1.4.2 of the BMP manual? □ _Xj If you answered "yes" to one or more of the above questions, provide discussion/justification below, then go to Step 5, mark the second box stating "my project is EXEMPT from PDP ... " and complete applicant information. Discussion to justify exemption ( e.g. the project redeveloping existing road designed and constructed in accordance with the USEPA Green Street guidance): If you answered "no" to the above questions, you r pro ject is not exempt from PDP , QO to Step 3. E-34 Page 2 of 4 REV 03/19 STEP3 TO BE COMPLETED FOR ALL NEW OR REDEVELOPMENT PROJECTS To determine if your project is a PDP, please answer the following questions (MS4 Permit Provision E.3.b.(1 )): YES NO 1. Is your project a new development that creates 10,000 square feet or more of impervious surfaces collectively over the entire project site? This includes commercial, industrial, residential, mixed-use, □ ~ and public development projects on public or private land. 2. Is your project a redevelopment project creating and/or replacing 5,000 square feet or more of impervious surface collectively over the entire project site on an existing site of 10,000 square feet or □ [a( more of impervious surface? This includes commercial, industrial, residential, mixed-use, and public development projects on public or private land. 3. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a restaurant? A restaurant is ,!g a facility that sells prepared foods and drinks for consumption, including stationary lunch counters and □ refreshment stands selling prepared foods and drinks for immediate consumption (Standard Industrial Classification (SIC) code 5812). 4. Is your project a new or redevelopment project that creates 5,000 square feet or more of impervious surface collectively over the entire project site and supports a hillside development project? A hillside □ Jtl' development project includes development on any natural slope that is twenty-five percent or greater. 5. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface collectively over the entire project site and supports a parking lot? A parking lot is □ % a land area or facility for the temporary parking or storage of motor vehicles used personally for business or for commerce. 6. Is your project a new or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious street, road, highway, freeway or driveway surface collectively over the entire project □ pi site? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcvcles, and other vehicles. 7. Is your project a new or redevelopment project that creates and/or replaces 2,500 square feet or more of impervious surface collectively over the entire site, and discharges directly to an Environmentally Sensitive Area (ESA)? "Discharging Directly to" in cludes flow that is conveyed overland a distance of □ ~ 200 feet or less from the project to the ESA, or conveyed in a pipe or open channel any distance as an isolated flow from the project to the ESA (i.e. not comminaled with flows from adjacent lands).* 8. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious surface that supports an automotive repair shop? An automotive repair □ ~ shop is a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536-7539. 9. Is your project a new development or redevelopment project that creates and/or replaces 5,000 square feet or more of impervious area that supports a retail gasoline outlet (RGO)? This category includes □ ~ RGO's that meet the following criteria: (a) 5,000 square feet or more or (b) a project Average Daily Traffic (ADT) of 100 or more vehicles per day_ 10. Is your project a new or redevelopment project that results in the disturbance of one or more acres of land □ ~ and are expected to generate pollutants post construction? 11. Is your project located within 200 feet of the Pacific Ocean and (1) creates 2,500 square feet or more of impervious surface or (2) increases impervious surface on the property by more than 10%? (CMC □ ~ 21 .203.040) If you answered "yes" to one or more of the above questions, your project is a PDP. If your project is a redevelopment project, go to step 4. If your project is a new project, go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no" to all of the above questions, your project is a 'STANDARD PROJECT.' Go to step 5, check the second box statinq "Mv project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 03/19 STEP4 TO BE COMPLETED FOR REDEVELOPMENT PROJECTS THAT ARE PRIORITY DEVELOPMENT PROJECTS (PDP) ONLY Complete the questions below regarding your redevelopment project (MS4 Permit Provision E.3.b.(2)): Does the redevelopment project result in the creation or replacement of impervious surface in an amount of less than 50% of the surface area of the previously existing development? Complete the percent impervious calculation below: Existing impervious area (A) = ____________ sq. ft. Total proposed newly created or replaced impervious area (B) = ____________ sq.ft. Percent impervious area created or replaced (B/A)*100 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply on ly to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My proj ect is a PDP ... " and complete applicant information. If you answered "no," the structural BM P's required for PDP apply to the entire development. Go to step 5, check the check the first box statin "M ro ·ect is a PDP ... "and com lete a licant information. STEP S CHECK THE APPROPRIATE BOX AND COMPLETE APPLICANT INFORMATION D My project is a PDP and must comply with PDP stormwater requirements of the BMP Manual. I understand I must prepare a Storm Water Quality Management Plan (SWQMP) for submittal at time of application. pa My project is a 'STANDARD PROJECT' OR EXEMPT from PDP and must only comply with 'STANDARD PROJECT' stormwater requirements of the BMP Manual. As part of these requirements, I will submit a "Standard Project Requirement Checklist Form E-36" and incorporate low impact development strategies throughout my project. Note: For projects that are close to meeting the PDP threshold, staff may require detailed impervious area calculations and exhibits to verify if 'STANDARD PROJECT' stormwater requirements apply. D My Project is NOT a 'development project' and is not subject to the requirements of the BMP Manual. Applicant Information and Signature Box Applicant Title: CJ<., ... y .. JJ:::;;:_ Date: _ _._7_-_9'-----'--/ ....... z _______ _ s · ude but are not limited to all Clean Water Act Section 303(d) impaired water bodies; areas designated as Areas of Special ate Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the beneficial use by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); areas designated as preserves or their equivalent under the Multi Species Conservation Program within the Cities and County of San Diego; Habitat Management Plan; and any other equivalent environmentally sensitive areas which have been identified by the City. Th . B ~ C ·t U O I IS ox or ,rv se mv YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 03/19 C cicyof Carlsbad Project Name: s>.JvOGJ- Project ID : , STANDARD PROJECT REQUIREMENT CHECKLIST E-36 Project Information U-F-s,o~c;;.,. DWG No. or Building Permit No.: SIS -8 A / G n. 'Z. c18 • QQ.S-ii Source Control BMPs Development Services Land Development Engineering 1635 Faraday Avenue (760) 602-2750 www.carlsbadca.gov All development projects must implement source control BMPs SC-1 through SC-6 where applicable and feasible. See Chapter 4 and Appendix E.1 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement source control BMPs shown in this checklist. Answer each category below pursuant to the following . • "Yes" means the project will implement the source control BMP as described in Chapter 4 and/or Appendix E.1 of the Model BMP Design Manual. Discussion/justification is not required. • "No" means the BMP is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "NIA" means the BMP is not applicable at the project site because the project does not include the feature that is addressed by the BMP (e.g., the project has no outdoor materials storage areas). Discussion/justification may be provided. Source Control Requirement Applied? SC-1 Prevention of Illicit Discharges into the MS4 ~Yes I □ No □ N/A Discussion/justification if SC-1 not implemented: SC-2 Storm Drain Stenciling or Signage ti Yes j □ No □ N/A Discussion/justification if SC-2 not implemented: SC-3 Protect Outdoor Materials Storage Areas from Rainfall, Run-On, Runoff, and Wind □ Yes I □ No RN/A Dispersal Discussion/justification if SC-3 not implemented: f'loNtz 0/..J 7HC ~ S'-'"i'li" E-36 Page 1 of 4 Revised 09/16 Source Control Reauirement (continued) Aoolied? SC-4 Protect Materials Stored in Outdoor Work Areas from Rainfall, Run-On , Runoff, and □ Yes □ No fvN/A Wind Dispersal Discussion/justification if SC-4 not implemented: No. M~ A~ :s ~ ~n: STOC-.~ d~ 4)Q~('('"' SC-5 Protect Trash Storage Areas from Rainfall, Run-On, Runoff, and Wind Dispersal JjfYes □ No □ N/A Discussion/justification if SC-5 not implemented: ~AA)~ (l.e~,o,=~"~ TO-A~\ (3,(~5'" SC-6 Additional BMPs based on Potential Sources of Runoff Pollutants must answer for each source listed below and identify additional BMPs. (See Table in Appendix E.1 of BMP Manual for guidance). □ On-site storm drain inlets □ Yes □ No !)ii N/A □ Jnterior floor drains and elevator shaft sump pumps □ Yes □ No f,R'N/A lfifflnterior parking garages l.&),'res □ No ]&N/A □ Need for future indoor & structural pest control □ Yes □ No ~ N/A □ Landscape/Outdoor Pesticide Use □ Yes □ No 00 N/A □ Pools, spas, ponds, decorative fountains, and other water features □ Yes □ No ii N/A □ Food service □ Yes □ No 1!i N/A □ Refuse areas □ Yes □ No ~N/A □ Industrial processes □ Yes □ No ~NIA □ Outdoor storage of equipment or materials □ Yes □ No l)iitN/A □ Vehicle and Equipment Cleaning □ Yes □ No QitN/A □ Vehicle/Equipment Repair and Maintenance □Yes □ No Q(N/A □ Fuel Dispensing Areas □ Yes □ No lj' N/A □ Loading Docks □ Yes □ No 8J N/A □ Fire Sprinkler Test Water □ Yes □ No ~N/A □ Miscellaneous Drain or Wash Water □ Yes □ No ~N/A □ Plazas, sidewalks, and parking lots □ Yes □ No _jqN/A For "Yes" answers, identify the additional BMP per Appendix E.1. Provide justification for "No" answers. E-36 Page 2 of 4 Revised 09/16 Site Design BMPs All development projects must implement site design BMPs SD-1 through SD-8 where applicable and feasible. See Chapter 4 and Appendix E.2 thru E.6 of the BMP Design Manual (Volume 5 of City Engineering Standards) for information to implement site design BMPs shown in th is checklist. Answer each category below pursuant to the following. • "Yes" means the project will implement the site design BMPs as described in Chapter 4 and/or Appendix E.2 thru E.6 of the Model BMP Design Manual. Discussion / justification is not required. • "No" means the BMPs is applicable to the project but it is not feasible to implement. Discussion/justification must be provided. Please add attachments if more space is needed. • "N/A" means the BMPs is not applicable at the project site because the project does not include the feature that is addressed by the BMPs (e.g., the project site has no existing natural areas to conserve). Discussion/justification may be provided. Site Design Requirement I Applied? SD-1 Maintain Natural Drainaqe Pathways and Hydrologic Features I ~Yes I D No ID N/A Discussion/justification if SD-1 not implemented: I SD-2 Conserve Natural Areas, Soils, and Vegetation I Oil Yes I D No ID N/A Discussion/justification if SD-2 not implemented: SD-3 Minimize Impervious Area I ~Yes I D No ID N/A Discussion/justification if SD-3 not implemented: r SD-4 Minimize Soil Compaction I~ Yes I D No ID NIA Discussion/justification if SD-4 not implemented: I . SD-5 Impervious Area Dispersion I E Yes I D No ID N/A Discussion/justification if SD-5 not implemented: E-36 Page 3 of 4 Revised 09/16 Site Desian Requirement (continued) I Applied? SD-6 Runoff Collection I lil Yes I D No ID N/A Discussion/justification if SD-6 not implemented: SD-7 Landscaping with Native or Drought Tolerant Species I CIYes I D No ID N/A Discussion/justification if SD-7 not implemented: SD-8 HarvestinQ and UsinQ Precipitation I liU Yes I D No ID N/A Discussion/justification if SD-8 not implemented: E-36 Page 4 of 4 Revised 09/16 • ...... CLTA Prellmlnary Report Form (Rev. 11/06) Order Number: DIV-5622298 Page Number: 1 Order Number: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: First American Dtle First American Title Company 7676 Hazard Center Drive, Ste 1100 San Diego, CA 92108 california Department of Insurance License No. 151 DIV-5622298 (04) Korey Mulvey (619)231-4670 (877)648-8386 titleunit4@flrstam.com James M. Snyder 1781 Skimmer Court cartsbad, CA 92011 PRELIMINARY REPORT Updated 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 Poncies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exdusions from the coverage and Limitations on COVered Risks of said policy or policies a re set forth in Exhibit A attached. The policy to be issued may contain an arbitration muse. When the Amount of ll1SUli1nce is less than that set forth In the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Campany or the Insured as the exdusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of lltle 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 pollcy 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 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 11st 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 13 , ..... C Dated as of July 16, 2018 at 7:30 A.M. The fonn of Policy of title Insurance contemplated by this report is: Order Number: DIV-5622298 Page Number: 2 ALTA/CLTA Homeowner's (EAGLE) Polley oflltle 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 AL TA 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 M. Snyder, a single man and David Drlnco, a married man as his sole and separate property, as joint tenants The estate or interest In the land hereinafter described or referred to covered by this Report is: FEE AS TO PARCEL(S) 1; EASEMENT AS TO PARCEL(S) 2 AND 3 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 Exdusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2018-2019, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2017-2018. First Installment: $1,064.96, PAID Penalty: $0.00 Second Installment: $1,064.96, PAID Penalty: $0.00 Tax Rate Area: 09165 A. P. No.: 215-050-57-00 3. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. An easement for ELECTRIC TRANSMISSION UNES and incidental purposes, recorded December 09, 1953 as BOOK 5071 PAGE 317 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND First American Title Page 2 of 13 5. 6. 7. 8. 9. 10. 11. 12. 13. Order Number: DIV-5622298 Page Number: 3 An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes, recorded December 12, 1961 as INSTRUMENT NO. 214437 of Offictal Records. In Favor of: SAN DIEGO GA.S AND ELECTRIC COMPANY Affects: SAID LAND An easement for EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS and incidental purposes, recorded January 08, 1971 as INSTRUMENT NO. 4311 of Official Records. In Favor of: SAN DIEGO GAS AND ELECTRIC COMPANY Affects: SAID LAND An easement for UNDERGROUND COMMUNICATION STRUCTURES and Incidental purposes, recorded Mardi 09, 1971 as INSTRUMENT NO. 44883 of Official Records. In Favor of: THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY Affects: SAID LAND 1.AN EASEMENT FOR ROAD AND UTILITY PURPOSES AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED DECEMBER 6, 1973 AS INSTRUMENT NO. 338122 OF OFFICIAL RECORDS. An easement for PUBLIC STREET AND PUBLIC UTILITIES PURPOSES and Incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259213 of Offictal Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD I, A DEL.AWARE LIMITED LIABILITY COMPANY Affects: SAID LAND An easement for DRAINAGE and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259214 of Official Records. In Favor of: WESTERN PACIFIC HOUSING-CARLSBAD I, A DEL.AWARE LIMITED LIABILITY COMPANY Affects: SAID LAND An easement for CONSTRUCTION AND MAINTENANCE OF AN EMBANKMENT SLOPE FOR ROADWAY SUPPORT and incidental purposes, recorded May 18, 2000 as INSTRUMENT NO. 00-259215 of Official Records. In Favor of: Affects: WESTERN PAOFIC HOUSING-cARLSBAD I, A DELAWARE LIMITED LIABILITY COMPANY SAID LAND Any easements and/or servitudes affecting easement parcel(s) 2 AND 3 herein described. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. Rrst AmeriCiln Title Page 3 of 13 INFORMATIONAL NOTES Order Number: DIV-5622298 Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance Is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be Included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued In connection with your transaction. 1. 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 CL TA 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} Single Family Residence known as 1781 SKIMMER COURT, CARLSBAD, CA. 2. 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: A document recorded October 03, 2017 as INSTRUMENT NO. 17-455313 OF OFFICTAL RECORDS From: LESLIE DRINCO, SPOUSE OF GRANTEE To: DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERlY A document recorded October 03, 2017 as INSTRUMENT NO. 17-455314 OF OFFICIAL RECORDS From: GREGORY E. SASKA, SUCCESSOR TRUSTEE OF THE ISABEL R. SASKA TRUST DATED APRIL 1, 1998 To: JAMES M. SNYDER, A SINGLE MAN AND DAVID DRINCO, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AS JOINT TENANTS 3. We find no open deeds of trust. Escrow please confirm before dosing. NOTE to proposed Insured lender only: No Private transfer fee covenant, as defined In Federal Housing Flnance 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. Flrst American expressly dlsclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst Ametican ntte Page 4 of 13 LEGAL DESCRIPTION Order Number: DIV-5622298 Page Number: 5 Real property in the City of carlsbad, County of San Diego, State of California, described as follows: PARCEL 1: THE EAST 435 FEET OF TI-IE NORTH 110 FEET OF THE NORTHEAST QUARTER OF TI-IE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 2: AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PURPOSES OVER, UNDER, ALONG AND ACROSS THE EAST 20 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED OCTOBER 25, 1875. PARCEL 3: A PERMANENT AND NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY PURPOSES AND INCIDENTALS THERETO OVER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, FOR THE BENEFIT AND USE OF THE PRESENT AND FUTURE OWNERS OF ALL OR ANY PART OF THE NORTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, SAID EASEMENT TO BE 40.00 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, DISTANT THEREON SOUTH 0°37'04" EAST 183.00 FEET FROM THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE ARC OF A NON-TANGENT 200.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, THROUGH WHICH POINT A RADIAL BEARS NORTH 9°58'06" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 3°28'06", A DISTANCE OF 12.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 83°30'00" EAST, A DISTANCE OF 62.00 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35°55'00" A DISTANCE OF 62.69 FEET TO A POINT OF REVERSED CURVATIJRE WITH A 150.00 FOOT RADIUS CURVE CONCAVE NORTI-fERLY, THROUGH WHICH POINT OF REVERSED CURVATURE A RADIAL BEARS NORTH 29°25'00" EAST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 60.00 FEET, MORE OR LESS, TO THE WESTERLY LINE OF COUNTY ROAD SURVEY NO. 1800-1, KNOWN AS EL CAMINO REAL. THE SIDELINES OF SAID 40.00 FOOT STRIP SHALL BE LENGTHENED AND/OR SHORTENED AS TO TERMINATE IN SAID WESTERLY LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, AND IN SAID WESTE;RLY LINE OF EL CAMINO REAL. APN: 215-050-57-00 First American Title Pages of 13 ,-. '---,,,,..... \. Rrst American Title Page 6 of 13 Order Number: DIV-5622298 Page Number: 6 NOTICE Order Number: DIV-5622298 Page Number: 7 Section 12413.1 of the caUfomia 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 dlecks, or certified checks whenever possible. First American Title Page 7 of 13 EXHIBIT A Order Number: DIV-5622298 Page Number: 8 UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) Cl TA STANDARD COVERAGE POUCY -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 (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating O) the occupancy, use, or enjoyment of the land; {ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not exduding 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 dalms 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 dalmant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured dalmant 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 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 unenforceability 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 aedlt protection or truth in lending law. 6. Any dalm, 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 Hens 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. Disaepancles, 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 dalms; (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 not shown by the public records. 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 Page8of 13 Order Number: DIV•5622298 Page Number: 9 d. Improvements on the Land; e. land division; and f. environmental protection. This Exduslon 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 Exdusion does not Umit 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 Polley Date; c. that result In no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Rlsk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your TIiie. 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 bankruptc.y, state Insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, eart!1quake, 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 % 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 POLICY (06-17•06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Uabilitv $10,000 $25,000 $25,000 $5,000 The following matters are expressly exdudecl from the coverage of this policy, and the Company INIII not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or govemmental 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 loc:atlon ot 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 Exduslon 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 Oalmant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this policy; First American 77tle Page 9 of 13 (c) resulting In no loss or damage to the Insured Claimant; Order Number: DXV-5622298 Page Number: 10 (d) attaching or aeated 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 Oalmant 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 ls 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 lltle for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of POiiey and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also indude the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [PART I [The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exduslons 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 e>Cistlng liens by the records of any taxing authority that levies taxes or assessments on rear 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 daims 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 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 not shown by the public records. PARTU 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 POUCY (06-17-06) EXCLUSIONS FROM COVERAGE 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 Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exduslon 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 mverage 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 Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured aalmant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Oaimant became an Insured under this policy; First American Title Page 10 of 13 Order Number: DIV-5622298 Page Number: 11 (c) res(jting in no loss or damage to the Insured Claimant; {d) attaching or created subsequent to Date of Policy (hov...ever, 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 Claimant 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 Til:le as shown In Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from COverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: [The above policy form may be issued to afford either Standard COverage or Extended Coverage. In addition to the above Exdusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. My facts, rights, interests, or dalms 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 Tltle 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, dalms 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.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07•26·10) EXCLUSIONS FROM COVERAGE 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) My law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (I) the ocrupancy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected oo the Land; (Ill) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion l(a) does not modify or limit the coverage provided under Covered Rlsk 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 Exduslon 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 Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the Insured aaimant and not disclosed In writing to the Company by the Insured aaimant prior to the date the Insured aalmant became an Insured under this pollcy; (c) resulting In no loss or damage to the Insured aalmant; (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. Unenforceabllity 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 dalm of Invalidity, unenforceablllty or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the First American Title Page 11 of 13 C Order Number: DIV-5622298 Page Number: 12 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 Exduslon does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Polley in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Rlsk 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, earthguake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Rrst Amelican 7itle Page 12 of 13 ~ , Fust American 1ide PrlvKy !nfOtmatlon We Are Committed to~ CIIStamer Information I ,_,,,,, Order Number: DIV-5622298 Page Number: 13 In order to better serve vou,-needs now and in the future, we may asl< you ta prcvtde us with certain Information. We und@rstand that you may be ooncemed about What we will do with sud, Information -pa<tlculartv any personal or flnandal Information. We agree that you ha-.e a right to know how we wll utHlze the personal lnformatlon you provide to us. Therefore, tcgett,er with our subsidiaries we have adopll!d this Privacy Polley ID govern the use and hancllng of )'QI-" personal Information, Applcallllty This Privacy PolicV goo,erns o,. use ot the lnfonnatlon that you provide to us. n does not govern the manner In which we may use Information we haw obtained from any other =e. such as lnfonnatlon obtlined from a public record or from llnOlher person o, entity. Frst American has also adopted broader guidelines that QOlll!l'll our use ot ~ infonnatlan regardless of Its s,uce. First American cals these guldelnes Its Fair Information Values. Typel af Jnfamllltlon Depending upon which of OU' services you are utllzlng, the types ot nonpublic pe,sonal lnf0rmatian that we may collect include: • Information we receive from you on applcatlons, forms and In Olher commurieatlons to us, whether In writing, In person, by telephone o, any other means; • Information about 'IQUr t!'ilnsactions with us, our affllated companies, or others; and • Information we receive from a consumer reporting agency. UN of Information We request Information from you for our own legitimate business purpo5eS and not fo, the benefit of any nonaffllat,,,d party. Therefore, we wll net reJease yo,. Information to nonafflllated par1les except: (1) as necessary for us to proyide the product or ser>iee you have requested of us; or (2) as permitb,d by law. We may, however, stDre such Information lndeflnltetf, Including the perlocl alter which any aistomer retatlonshlp has ceas!!d. such Information may be used for any Internal purpose, such as cµ,llty control etrorts o, aistaner analysis. We may also provide al of the types of nonpu,lk: personal Information lst..i abolle to one or more of our affllatecl c:ompantes. SUc:h al!llated ~es Include financial serw:e providers, such as title Insurers, property and casualy ln!Ue:s, and trust and Investment advisorv ~nles, or cOllljlanles lrwolved In real estate servk:U, such as appraisal companies, hOme warranty oompanles and e;ouw coo,panles. Furthermore, we may also provide all the Information we collect, as described aboYe, ID companies that pe,fonn mar1cetlng servlceS on cu behalf, on be/Jal' of our affllated companies or to Olher financial instt1Jt1ons with whom we or our affllate:l companies have jOint marketing agreements. Forrnwe..slelmers Even If you are no longer our customer, our Privacy Policy wll continue to apply to you. CClnfldentlallty and Seantty we wlli use our best efl'orts to ensure that no unauthorized parties have access to any of your lnfamatkln, We restrict access to nonpublic personal Information about you to those lndlvlwals and entitles who need to know that ilfarmatlon to provide products o, serw:es to you. We wll use our best efforts to train and oversee our en,plc]\<ees and agents to ensure that )'OU' lnfonnatlon wll be handled responsibly and In ao::trdance with this Prlvacy Poley and Arst Mlerican's Fair lnfonnation Values. We currently mairtllln physical, Etectronic, and procedural """9uards that comply with federal regiMtlonS to guard your OOfllllblic personal Information. lnformatian Obtained Tlvallgh our web Site Arst American Rnandal Corpon,tlon Is senslthle to privacy Issues on the Intemet. We believe it Is l~nt you know hew we treat the Information about you we """""" on the Internet In general, you can visit First American o, ts affllates' Web sites on the Woo1d Wide Web without telling us who you are or R!lleallng any Information abou: yourself. Our web fe'W!rs coled the domain names, not the e-mal addresses, of vlsbs. lhls Information is ~ to measure the runber of visits, ._ tine spent on the ste, pages viewed and slrrilar Information. Arst American uses this ilformallon to rneasi.re the use of our site and to develop Ideas to l~ove the content of o..-ste.· There are times, he)_,-, when we may need lnfonnation from you, such as your name and email address. WhM lnfcrmatlon Is needed, we wm use our best efforts to let yw know at the time of colledlon how we will use the personal Information. Usually, the personal Information we collect Is used only by us to respond to )'OU' lnq..iry, process an order or alow you to access spedflC account/proflle Information. If you choose to share any personal Information with us, we wll ony use it In acctrdance with the polcies outlned above. B.....,_ Rellltionshlps First American Flnanc:111 Corporation's site and its affiliates' Sites may contain Inks to other Web sites. White we try to Ink only to 5it.eS that share our high standards and respect for privacy, we are not responsible for the cortent or the privacy practices employed by o!het sites. Cookies Some of First AmerlcBn's Web Sites may make use of "coolde" technology to measure site activity and to customize Information to your personal tastes. A cookie Is an element of data that a Web site can send to yoi, browser, which may then 5tOl'e the coolcie on your hard dmle. ~ uses stored cookies. The goal of this tecmology Is ID better serve you when '1Sltlng our site, save you time when you are here and to provide you with a more meaningful and productive Web site e,cperil!nce. fair Infonnatlon V....., Falrnea We oonslder consumer expedations alnt their privacy In al our businesses. We only offer products and servlceS that assu-e a favorable balance between consuner beneftts and consumer privacy. Pubic R_..i We believe that an open public reo0ld creates signlflcart value fo, SOC!ety, enhances ronsumer choice and creates consumer opportunity. We actively support an open public record and emphasae ts lff¥l(lllance and contr!bulion to our economy. Use We belielle we should behaW! responsibly when we use Information about a consumer In our business. We wll o~ the laws gwernlng the oolectlon, use and clssernlnatlon of data. Acanr:y We wll take reasonable sb!ps to help assure the acruracy of the data we collect, use and disseminate. Where possible, we wll take reasonable steps to con-ect lnacrurate Information. When, as with the public record, we cannot correct lnacairale Information, we wll take all reasonatile steps to assist consumers In Identifying the source of the e,roneous data so that the consumer can seaire the required corrections. l!ducatiall We endeav!r to educate the users dour products and services, our employees and others In our Industry about the lmpo,tance of consumer privacy. We will Instruct our employees on °" fair Information values •nd on the responsible oolledlon and used data. We w1n encourage others In our ln6.Jstry to coled: and use Information In a responsible manner. Security We wl maintain appropriate facllltles and systems to protea against unauthorized access to and corruption at the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 ot 1 Privacy Information (2001-2010 Rrst American Rnandal Corporation) Rrst American Tltle Page 13 of 13