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HomeMy WebLinkAboutPRE 2020-0004; SWAN RESIDENCE; Preliminary Review (PRE)CITY OF CARLSBAD APPLICATION FORM FOR PRELIMINARY REVIEW APPLICATION CITY USE ONLY Project Number: {) Development Number: PROJECT NAME: SWAN RESIDENCE ~~~~~~=--=---------------------------- Assessor's Parcel Number(s): 203-141-08-00 ------------------------------ Des c rip ti on of proposal (add attachment if necessary): DEMOLISH EXISTING STRUCTURE AND HARDSCAPE PROPOSED DESIGN FOR A NEW 2 STORY RESIDENCE OVER BASEMENT WITH 2-CAR GARAGE. COVERED AND UNCOVERED PATIOS. NEW LANDSCAPE Would you like to orally present your proposal to your assigned staff planner/engineer? Yes 1K] □ No Please list the staff members you have previously spoken to regarding this project. If none, please so state. CHRIS GARCIA OWNER NAME (Print): .... c ..... H .... B ..... IS"-'-'A,..N.,..D'-"C .... 8 ..... 1 ..... SJ.,_.A'-'--"S ..... W..,,A ..... N....._ __ _ MAILING ADDRESS : _2_6~6~8._O_C_EA ........ N_.,S...,.T_._ _____ _ CITY, STATE, ZIP: CARLSBAD, CA 92008 TELEPHONE: 760-458-0797 EMAIL ADDRESS: MCSWANS@GMAIL.COM *Owner's signature indicates permission to conduct a preliminary review for a development proposal. I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. ~ 1/4/2020 SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: APPLICANT NAME (Print): ALLAN TETA -TRE ARCHITECTUR MAILING ADDRESS: 300 CARLSBAD VLG DR .• #108A-336 CITY, STATE, ZIP: CARLSBAD. CA 92008 TELEPHONE: EMAIL ADDRESS : 760-268-9090 ALLAN@TRE. TEAM I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Allan F. Teta ~1~/4~/2~0 __ SIGNATURE DATE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE APPLICANT AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. ~ PROPERTY OWNER SIGNATURE FEE REQUIRED/DATE FEE PAID: RECEIVED BY: P-14 Page 3 of 3 Revised 07/17 Crista and Chris Swan 2668 Ocean St. Carlsbad, CA 92008 Development Services Planning Division 1635 Faraday Av Carlsbad, CA 92008 To Whom it May Concern, My husband and I are preparing to build our dream home on the East side of Ocean St at 2668 Ocean St. We have lived in North County for over 20 years with that last eight of those years in Carlsbad Village on Ocean St. When we purchased our home, our hope and dream was to someday demolish the 1948 adobe home and rebuild an amazing and noteworthy home. Although the Adobe has created a unique, charming look to the neighborhood, the home is riddled with structural deficiencies and other inherent problems that has made the home exist well past it's useful life. The design package that we are submitting provides for a 2-car garage and a driveway that will also accommodate three additional off-street cars. We are also requesting a five-foot variance on the front 20' setback so that our upstairs cantilevered deck will have room outside to enjoy ocean views. Our neighbor two doors South of us, currently under construction, was granted a variance for the same reason. I believe the recently built home behind us on Garfield also was granted a variance. We appreciate your consideration and approval of our variance. We appreciate the efforts from City of Carlsbad's development services dept as we take our first step to submit a package for preliminary review. Please let me know if have questions. 760-458-0797. Thank you, Crista Swan _ = r, :~ tr=D JAN 2 2 202J CIT ( CJ __,/-.~LSBP.0 PLArJ ,.__, S'. /,-:.,,'._,, J Ccityof 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 resubmit 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:Swan Residence PROJECT ID: ADDRESS: 2668 Ocean Street APN:203-141-08 The project is (check one): D New Development ~ Redevelopment The total proposed disturbed area is: 3,748 ft2 (0.09 ) acres The total proposed newly created and/or replaced impervious area is: 2,344 ft2 (0.05 ) 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 SWQMP#: 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 02/16 • STEP1 TO BE COMPLETED FOR ALL PROJECTS To determine if your project is a "development project", please answer the following question: YES NO Is your project LIMITED TO routine maintenance activity and/or repair/improvements to an existing building □ ~ 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', go 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; □ ~ b) Designed and constructed to be hydraulically disconnected from paved streets or roads; 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 □ ~ 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? □ ~ 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, your project is not exempt from PDP, go to Step 3. E-34 Page 2 of 4 REV 02/16 ,, -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 □ ~ 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 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 □ ~ 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 surface collectively over the entire project site and supports a street, road, highway □ ~ freeway or driveway? A street, road, highway, freeway or driveway is any paved impervious surface used for the transportation of automobiles, trucks, motorcycles, 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" includes 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 commingled 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 (ADTI 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 stating "My project is a 'STANDARD PROJECT' ... " and complete applicant information. E-34 Page 3 of 4 REV 02/16 , · · ·.· · ..... · · ·.· . :STEP,4 ·-,:> ... · . ,': . .·· ... :'. "!"0 BE COMPL,ETED FOR R~DEVE~o'P_ME~T PROJECTS·i:H~-~RE:PRIO~ll)' DEV~~()P~~~! PR~JECT~j'Po,~). . . . . . . . ·, ... · ·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 (8) = ____________ sq .ft. Percent im pervious area created or replaced (B/A)*100 = _____ % YES NO □ □ If you answered "yes", the structural BMPs required for PDP apply only to the creation or replacement of impervious surface and not the entire development. Go to step 5, check the first box stating "My project is a PDP ... " and complete applicant information. If you answered "no," the structural BMP's required for PDP apply to the entire development. Go to step 5, check the check the first box stating "My project is a PDP ... " and complete applicant information. · ... :..,;.:., .... :·\ ... · •· :.,·STEPS('~';·,,.·· .. ,.'•:;._ · · CHECKTH.E APPRO.P,RIAiE BOX'ANPCOMPL:.ETEAPPUCANTINFORMATION .· ·· ... ..,, .. ,, , 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. ~ 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 Name: _T_a_ra_G_o_ld_b_e_r_g __ !70__, _ __, ______ _ Applicant Signature:,...Z;;.-=AA..A-=:...=;......;:;;____~,.___,.__..x... __ -+---- Applicant Title: Project Engineer Date: 12-27-19 • Environmentally Sensitive Areas include but are not llmrted to all Clean Water Act Section 303(d} 1mpa1red water bodies; areas designated as Areas of Special Biological Significance by the State Water Resources Control Board (Water Quality Control Plan for the San Diego Basin (1994) and amendments); water bodies designated with the RARE 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. This Box for City Use Only YES NO City Concurrence: □ □ By: Date: Project ID: E-34 Page 4 of 4 REV 02/16 HETHERINGTON ENGINEERING, INC. SOIL & FOUNDATION ENGINEE RIN G• ENGINEERING GEOLOGY • HYDROGEOLOGY TRE Architecture 300 Carlsbad Village Drive, Suite 108-336 Carlsbad, California 92008 Attention: Subject: Mr. Allen Teta PROPOSAL FOR GEOTECHNICAL SERVICES Geotechnical Investigation Proposed Two-Story Over Garage, Single-Family Residence 2668 Ocean Street Carlsbad, California May 8, 2019 Project No. 8889.1 Log No. 20472 References: 1. Foundation Plan for, "Swan Residence, 2668 Ocean Street, Carlsbad, California," by Palos Verdes Engineering, dated January 27, 2015. 2. Site Plan for, "Swan Residence, Carlsbad, California," by TRE Architecture, dated November 25 , 2014. Dear Mr. Teta: In accordance with your request, we are providing this proposal to perfmm a geotechnical investigation for a proposed two-story over garage, single-family residence at the subject site. It is our understanding that the proposed residence is to be founded ~pproximately 5-feet below existing grade. The purpose of our investigation will be to evaluate geologic and soil conditions, and to provide grading and foundation recommendations for the proposed improvements. With the above in mind, om proposed scope of work includes the following: • Research and review of available geotechnical repo1ts, plans, and geologic maps/literature pe1tinent to the site. • Subsurface exploration consisting of two auger borings to depths of 10 to 20-feet for soil/bedrock sampling. • Laboratory testing of samples obtained from the subsurface work. • Engineering and geologic analysis. JAN 2 2 2020 5365 Avenida Encinas, Suite A• Carlsbad, CA 92008-4369 • (760) 931 -1917 • Fax (760) 931 -0545 333 Third Street, Suite 2 • Laguna Beach, CA 92651 -2306 • (949) 715-5440 • Fax (760) 931 -0545 www.hetheringtonengineering.com PROPOSAL FOR GEOTECHNICAL SERVICES Project No. 8889.1 Log No. 204 72 May 8, 2019 Page2 • Preparation of a report providing the results of our field and laboratory work, analyses, and our conclusions and recommendations. The cost of our services will be $5,400.00. Our work will be pe1formed subject to the terms and conditions of the attached Standard Agreement. Any modifications to the terms and conditions of the Standard Agreement are subject to the review and approval of Hetherington Engineering, Inc. Fees for additional services requested by you or your project representative will be invoiced in accordance with the attached Schedule of Fees and will be performed subject to the tenns and conditions of the attached Standard Agreement. Professional fees and/or expenses incurred by this office responding to city or other regulatory agency inquires, plan review, analysis and construction services are not a part of this proposal. If this proposal meets with your approval, please return one signed copy of the attached Standard Agreement and a retainer fee of $2,000.00. This opportunity to be of service is appreciated. If you have any questions, please contact the Carlsbad office. Sincerely, HETHERINGTON ENGINEERING, INC. Attachments: 2017 Schedule of Fees Standard Agreement Distribution: I-via e-mail (allan@tre.team) HETHERINGTON ENGINEERING, INC. Ei SCHEDULE OF FEES Effective July I, 2017 (Califol'nia) Principal Engineer/Geologist Senior Engineer/Geologist Project Engineer/Geologist Staff Engineer/Geologist Field/Laboratory Technician Draftsman Draftsman 2 (Court Exhibit) Staff Assistant PERSONNEL Per Hour ............................................................................................................... $ 195.00 ........ .... ... ............ ............... ...... ............................................. ............ ...... 170.00 ............................................................................................................... 160.00 ... .. ............................... ........................... ... ... . .. ............ ............... ............ 150.00 ........................................... ,................................................................... 85.00 ........... , ... ...... ............ ........................ ... ... ........................ ... ... ............ ...... 85.00 ............ ... ...... ...... ... ... ............. .. . .. ............ ... ......... ...... ...... ........................ 125.00 . . . . . . . .. . . . . . .. . . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . .. . . . . . .. . .. . .. . . . . . . .. . . . . .. . . . . . .. . . . . . . . .. .. . . .. . . . . . . . . . . .. 50.00 The minimum charge for field observation time is two hours. Ove11ime for field technician personnel is charged at one and one-halftimes the hourly rate. Travel time required to provide services is charged at the appropriate hourly rate. Expert witness investigation and court preparation time are charged at applicable hourly rates. Expert witness testimony is charged at $400.00 per hour. EQUIPMENT Travel Mileage Refraction Seismograph Inclinometer ............................................................................................................... $ 0.60 per mile 15.00 per hour 100.00 per hour 10. 00 per hour 100.00 per hour I 00.00 per hour 20.00 per day/ 2.50 per sheet I 00.00 per day 100.00 per hour Nuclear Density Gauge Tiltmeter Groundwater Meter Digital Camera/Imaging Extensometer Load Cell Read-out OUTSIDE SERVICES Outside services are charged at cost plus 15 percent Typical outside services include: Heavy equipment rental, printing, special insurance, travel and transportation, subsistence, and long dil.'tance communications. LABORATORY CHARGES Per Test Moisture Content ............................................................................................................... $ 15.00 Mob1ure Content/Dry Density .. . . .. .. .. .. . .. . .. . .. . . . .. . .. .. .. .. . .. . .. . . .. .. . . .. . . . . . . .. .. .. .. . .. . . . .. .. .. . .. . .. . .. . . . . . .. . . . . . . .. . .. .. .. .. . 25.00 Moisture Content/Dry Density (with rock correction) . .. ... . .. ... .. . . . . . . . . .. . .. ... .. . .. . ... . .. .. . .. . . . . . . . .. . . . . . . .. .. ... .. . .. . ... . .. . .. . .. 30.00 Shelby Tube Moisture Content/Dry Density .. . .. . .. . .. . .. .. .. . .. .. . .. . .. .. .. . .. .. . .. . . .. .. . . . . .. . .. .. .. .. .. .. . . . . . . .. . .. .. . . . . . . .. 100.00 Wax Density ............................................................................................................... 50.00 Maximum Dry Density (Compaction) . . . .. . .. .. . . . . . . .. .. . . .. . .. . . . . .. . .. . .. .. .. .. .. . . . . .. . . . . . . . . .. . . . . .. .. . . .. .. .. .. .. .. .. . .. .. . . . . . . . 200.00 Specific Gravity . .. .. .. . . . . . . .. . . . . . . .. . .. . .. . .. . .. .. .. .. . . .. . . . . . . .. . .. . .. . .. . .. .. .. .. . .. . . .. . .. .. . .. . .. . . .. . .. . . . . .. .. . .. . .. . 75.00 Sieve Analysis . .. . .. .. . . . . . .. . . . .. . .. .. .. .. .. . . .. . .. . .. . . .. .. . . .. .. .. . .. .. .. .. . . .. .. .. .. . . . . .. . . .. . .. . . .. .. .. . .. . .. . .. . . . . .. . 60.00 Sieve and Hydrometer Analysis . . . . .. . . .. .. .. . . .. .. .. .. .. . . . . .. . . .. .. . .. . .. . . .. .. . .. . . .. .. . . . . .. . .. . . .. .. . .. . . . . . . . . . . . . . .. . . . . .. . 125.00 Atterberg Limits ... . .. ... ... ... ... ... ... ... ...... ... . .. ... ... .. . ... .. ... . ... ... . . . ......... .. . ... ... ... ... ... ... ... ... ... ... . .. 150.00 Shrinkage Limit .. . . . . . .. .. . . .. .. . .. . .. . .. . . .. . .. . . . .. . . . . . .. .. . .. . .. . .. . . . . . . . . . . .. . .. . .. . . .. .. . .. . .. .. . . . .. .. . . . . . . . .. . .. . . .. 45.00 Sand Equivalent . . . . .. .. . .. . . .. .. . . . . . .. .. . . .. . .. .. . .. . . . . .. . .. . . . . .. . . .. .. . . .. . .. .. .. .. .. .. .. .. . . . . .. .. .. .. . . .. .. . . . . . . . . .. .. . 75.00 Expansion . . . . .. . .. .. .. .. .. . .. . . . . .. . .. . .. . .. . .. . .. . .. .. .. .. . . . . .. .. .. . . . .. . .. .. .. .. .. .. .. . .. . .. . .. . ... . .. . .. .. . . . . .. .. .. 150.00 Unconfined Compression .. .... . .. . .. .. . ... .. . . . . . .. ... ... . . . . .. .. . ...... . . . . .. .. .. .. ... .. . .... .. .. .. .. . .. .. . . . . . .. . .. .. . .. .. .. .. . ....... 100,00 Direct Shear . .. .. . . . . . .. .. . . .. . .. . .. . . . .. .. .. .. . .. . . . . . .. .. . . . . . . .. .. .. . . .. .. . . .. .. . . .. . .. .. . .. . .. . .. . . .. . .. . . .. . . .. . .. .. .. . 200.00 Residual Direct Shear .. . .. . .. . . .. .. . .. .. . . .. . .. . . . .. .. . .. . . . . . . . . . . .. . . . . .. . .. . .. . .. .. . .. .. .. . . . . . . . . . . . . .. . .. .. .. .. .. . . . .. .. . . . . . .. . 300.00 Consolidation ................................................................................................................ 125.00 Time-Rate Consolidation (per Load Increment) . .. . . . .. . ... .. . .. .. .. .. . .. . . . . .. . .. . . .. .. . .. . . . . . .. .. . .. . .. . .. . .. .. . . . . . .. . . .. .. . .. . .. .. 55.00 Permeability (Falling Head) . . .. . .. . . .. . . . .. . . . .. .. . . . . . .. .. .. .. .. . .. . . .. .. .. .. . . . .. . . . . .. . .. . .. . .. . .. . .. .. .. .. . .. . . . . .. . . .. . . . .. .. .. .. . .. .. 150.00 PREPAYMENTS A prepayment of 30 percent of the authorized fee may be invoiced immediately to cover equipment and mobilization costs. INVOICES Invoices rendered for professional services are due upon presentation. A service charge of 1.5% per month may be charged on accounts not paid within 30 days. Any amount due Consultant not paid when due shall bear interest at the maximum rate then allowable by law from the date due, but in no event shall such intere~t be less than ten percent (l 0%). Such interest shall not be payable on late charges. Any attorney's fees or other costs incurred in collecting any delinquent account will be paid by Client. < Ei STANDARD AGREEMENT TERMS AND CONDITIONS 1. COOPERATION AND PROJECT UNDERSTANDING a) Client will make available to Consultant all information regarding existing and proposed conditions of the site. The information shall include, but not be limited to, plot plans, topographic surveys, hydrographic data, and previous soil data including borings, field or laboratory tests, and written reports. Client will immediately transmit to consultant any new information which becomes available or any change in plans. b) Consultant shall not be liable for any incorrect advice, judgement, or decision based on any inaccurate information furnished by Client, his agents or his other consultants, and Client will indemnify Consultant against claims, demands, or liability arising out of or contributed to by such information. c) No warranty of any kind whatsoever, express or implie!i, is made or intended in connection with the work to be performed by Consultant or by the proposal for consulting or other services or by the furnishing of oral or written reports or findings made by Consultant. 2 . PROJECT SITE a) Client shall grant free access to the site for all necessary equipment and personnel. The Client shall notify any and all possessors of the project site, that Client has granted Consultant free access to the project site. b) cl Client shall take steps to see that the property is protected, on and off site. responsible for damage to lawns, shrubs, landscapes, walks, sprinkler systems, earth or equipment. Consultant will not be caused by movement of Client shall locate for Consultant representations as to the locations of be responsible for damage to any such not accurately disclosed by Client. consultant and billed at cost to Client. and shall assume responsibility for the accuracy of his all underground utilities and installations. Consultant will not utilities or underground facilities, the locations of which were Any such damage may, at Consultant's option, be repaired by d) Consultant shall backfill all borings or excavations on completion of his work. backfill may occur and Client shall fill holes as required. Settlement of the e) If the project is under construction or being graded, the owner or his representative shall be present on the job site to supervise and be responsible for the conduct of the work. The Consultant shall make known the results of the tests to the Client or his representative, in order that the Client or his representatives may direct the contractor's activities. 3. SAMPLES Consultant will retain all soil and rock samples for 30 days after the issuance of the report or notification to terminate work. If Client desires extended storage, the Client shall notify Consultant prior to the expiration of this period. Extended storage or transfer will be at Client's expense. 4. ~ Consultant will not be responsible for the general safety on the site or the work of contractors and their parties. 5. INVOICES a) Consultant will submit invoices to Client semi-monthly and a final bill upon completion of services. Invoices will show charges for different personnel and expense classifications. A more detailed separation of charges and backup data will be provided upon Client's request. b) Payment is due upon presentation of invoice and is past due 30 days from invoice date. Client agrees to pay a finance charge of l-l/2% per month, or a maximum rate allowed by Law, on past due accounts. The amount of the finance charge will be calculated on any unpaid balance commencing 30 days after the date of the original invoice. If Consultant files a suit to collect a past due account, actual attorney fees and legal costs shall be included in any judgement in favor of Consultant. 6. OWNERSHIP OP DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by the Consultant, as instruments of service, shall remain in the property of the Consultant. The Consultant will retain all pertinent records relating to the services performed for a period of 5 years following submission of the report, during which period the records will be made available to the Client for the cost of reproduction. Standard Agreement Page 2 7. LIMITATION OF LIABILITY a) The Consultant's liability for damages, due to professional negligence, will be limited to an amount not to exceed $50,000.00 or the fee, whichever is greater. b) Client further agrees to notify any contractor and subcontractor who may perform work in connection with any design, report, or study prepared by Consultant of such limitation of professional liability for design defects, errors, omissions, or professional negligence, and to require as a condition precedent to their performing their work, a like indemnity of liability on their part as against the Consultant. 8 . INSURANCE The Consultant represents and warrants that it and its agents, staff and consultants employed by it is and are protected by worker's compensation insurance and that Consultant has such coverage under public liability and property damage insurance policies. Certificates for all such policies of insurance shall be provided to client upon request in writing. The Consultant shall not be responsible for any loss, damage, or liability beyond the amounts, limits and conditions of such insurance. The Consultant shall not be responsible for any loss, damage, or liability arising from any negligent acts by Client, its contractors, agents, staff, and other consultants employed by it. 9. TERMINATION OF AGREEMENT In the event that either party desires to terminate this Contract prior to completion of the project, written notification of such intention to terminate must be tendered to the other party. In the event that Client notifies Consultant of such intention to terminate Consultant's services prior to completion, Consultant reserves the right to complete such analysis and records as are necessary to place files in order, to dispose of samples, put equipment in order, and (where considered necessary to protect his professional reputation) to complete a report on the work performed to date. In the event that Consultant incurs cost in Client's termination of this Agreement, a termination charge to cover such cost shall be paid by client. In the absence of a notification of termination, this Agreement shall continue in full force and effect until such time as Consultant has completed his services. 10. BANKRUPTCY If Client or Consultant should become bankrupt or make an assignment for the benefit of creditors, Consultant, or his trustee in bankruptcy, shall be paid the reasonable value of all work theretofore performed, and the obligations of all parties under this Contract shall thereupon terminate. In determining reasonable value under this paragraph, the contract price shall be deemed reasonable. 11. ~ Consultant will be excused for any delay in completion of the Contract caused by acts of God, acts of Client or Client's agent, inclement weather, labor trouble, acts of public utilities, public bodies or inspectors, extra work, failure of Client to make payments promptly, or other contingencies, unforeseen by Consultant and beyond the reasonable control of Consultant. 12. ASSIGNMENTS Neither the Client nor the Consultant may delegate, assign, sublet, or transfer his duties or interest in this Agreement without the written consent of the other party. l'his standard agreement, proposal and schedule of fees, comprise the contract between the Client and Consultant. Client By President Title Title May 8, 2019 Date Date Project No. 8889.l Log No. 20472 FIDELITY NATIONAL TITLE ESCROW 6005 HIDDEN VALLEY ROAD STE.215 CARLSBAD, CA 92009 Attn: AMY TOWEY Your Reference No: 60002213-AT Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (858) 650-3992 Title Officer: Burland/ Stotler--So email: tu31@ltic.com Phone No.: (858) 650-3900 Fax No.: (858) 650-3992 File No.: 311320158 Property Address: 2668 Ocean Street, Carlsbad, California PRELIMINARY REPORT Dated as of August 31, 2011 at 7:30 a.m. In response to the application for a policy of title Insurance referenced herein, Lawyers Title -SD hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Coples of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title Insurance to be issued hereunder will be policy{s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It is Important to note that this preliminary report Is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. 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. CLTA Preliminary Report Form -Modified (11-17-06) Page 1 SCHEDULE A The form of policy of title insurance contemplated by this report is: CLTA Standard Owners ALT A Loan 2006 File No: 311320158 The estate or interest In the land hereinafter described or referred to covered by this report is: A FEE Title to said estate or interest at the date hereof is vested in: Donald P. Hoefer, Jr., an unmarried man The land referred to herein is situated in the County of San Diego, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form -Modified (11-17-06) Page 2 File No: 311320158 EXHIBIT "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Lot 82 and the Southwesterly 5 feet of Lot 89 of Granville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map No. 2037, filed in the Office of the County Recorder of said County Recorder of said County, June 18, 1927. APN: 203-141-08 CLTA Preliminary Report Form -Modified (11-17-06) Page 3 ... File No: 311320158 SCHEDULE B -Section A The following exceptions will appear in policies when providing standard coverage as outlined below: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records, 2. Any facts, rights, Interests or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. CLTA Preliminary Report Form -Modified (11-17-06) Page 4 File No: 311320158 SCHEDULE B -Section B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions In said policy form would be as follows: A. Property taxes, including general and special taxes, personal property taxes, if any, and any assessments collected with taxes, to be levied for the fiscal year 2011 -2012 which are a lien not yet payable. B. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the Revenue and Taxation Code of the State of California. 1. Any rights, interests or claims of the parties in possession of said land, including but not limited to those based on an unrecorded agreement, contract or lease. 2. Water rights, claims or title to water, whether or not shown by the public records. 3. Covenants, conditions and restrictions as set forth in the document Recorded: Book 1232, Page 380 of Deeds This exception omits any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that the covenant, condition or restriction (a) is not in violation of state or federal law, (b) is exempt under 42 U.S.C. Section 3607 or (c) relates to a handicap but does not discriminate against handicapped people. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made In good faith and for value. 4. An easement for the purpose shown below and rights incidental thereto as set forth In a document Granted to: Gloria A. Hoefer Purpose: for foot passage to and from the adjoining public beach at Carlabd Recorded: February 7, 1966 as Instrument No. 22114 of Official Records Affects: The route thereof affects a portion of said land and is more fully described in said document 5. A deed of trust to secure an indebtedness In the amount shown below, and any other obligations secured thereby. Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: Loan No.: $525,000.00 May 11, 2006 Donald P. Hoefer, Jr., an unmarried man T.D. Service Co., a California Corporation Mortgage Electronic Registration Systems, Inc., ("MERS"), solely as nominee for Lender the Mortgage House, Inc., a California Corporation, Its successors and/or assigns May 17, 2006 as Instrument No. 2006-0348674 of Official Records 0600746 6. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory to this Company, or by Inquiry of the parties In possession thereof. CLTA Preliminary Report Form -Modified (11-17-06) Page 5 File No: 311320158 END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form -Modified (11-17-06) Page 6 -· File No: 311320158 REQUIREMENTS SECTION: Req. No. 1: The Company will require a statement of information from the parties named below in order to complete this report, based on the effect of documents, proceedings, liens, decrees, or other matters which do not specifically describe said land, but which, if any do exist, may affect the title or impose liens or encumbrances thereon. Parties: Buyers and/or Sellers Req. No. 2: This Company will require that a full copy of any unrecorded agreement, contract or lease be submitted to us, together with all supplements, assignments and amendments, before any policy of title insurance will be issued. CLTA Preliminary Report Form -Modified (11-17-06) Page 7 File No: 311320158 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat Is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. It funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub-escrow funds received by the company will be deposited with other escrow funds in one or more non-interest bearing escrow accounts of the company in a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may include, without limitation, credits allowed by such financial institution on loans to the company or Its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub-escrow. WIRING INSTRUCTIONS FOR THIS OFFICE ARE: Union Bank 1980 Saturn Street, V03-012 Monterey Park, CA 91755 (800) 849-6466 ABA # 122000496 CREDIT TO: Lawyers Title -SD ACCOUNT #: 9101081355 RE: 311320158 PLEASE INDICATE Lawyers Title -SD TITLE ORDER NUMBER CLTA Preliminary Report Form -Modified (11-17-06) Page 8 FIie No: 311320158 Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company, The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company, Note No. 4: None of the Items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 5: The following Information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There Is located on said land: Commercial Industrial Property Known as: 2668 Ocean Street, Carlsbad, California Note No. 6: There are no conveyances affecting said land recorded within 24 months of the date of this report. Note No. 7: THIS COMPANY REQUIRES CURRENT BENEFICIARY DEMANDS PRIOR TO CLOSING. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Note No. 8: Property taxes, Including general and special taxes, personal property taxes, If any, and any assessments collected with taxes, for the fiscal year shown below, are paid. For proration purposes the amounts are: Fiscal year 1st Installment: 2nd Installment: Land Value Improvement Value: Exemption: Code Area: Assessment No.: Processor: ekg Date Typed: September 8, 2011 2010 -2011 $315.74 $315.74 $34,164.00 $25,041.00 $7,000.00 09000 203-141-08-00 CLTA Preliminary Report Form -Modified (11-17-06) Page 9 .. File No: 311320158 ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage In Item 8 of Covered Title Risks. • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. 4. Any water rights or claims or title to water in or under the land, whether or not shown by the public records. Attachment One (07/26/10) ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, Hen or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land Is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting In the Insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons In possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. PARTI 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.LT.A. ENDORSEMENT-FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials ( or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) 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 publlc records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07 /26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN 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 (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (ill) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims. or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. 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 unenforceabllity in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company wlll not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. {a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; {c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or {c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company wlll 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 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) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under {a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION 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 (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or locatlon 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 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed lo 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 Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 1 O); or (e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date 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: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown In the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Attachment One (07/26/10) ,.... ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) 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 b. the taking happened before the Policy Date and is any law or government regulation. This includes ordinances, binding on You if You bought the Land without Knowing laws and regulations concerning: of the taking. a. building 4. Risks: b. zoning a. that are created, allowed, or agreed to by You, whether c. Land use or not they appear in the Public Records. d. improvements on Land b. that are Known to You at the Policy Date, but not to Us, e. land division unless they appear in the Public Records at the Policy f. environmental protection Date; This Exclusion does not apply to violations or the enforcement of c. that result in no loss to You; or these matters if notice of the violation or enforcement appears in d. that first occur after the Policy Date-this does not limit the Public Records at the Policy Date. the coverage described in Covered Risk 7, 8.d., 22, 23, This Exclusion does not limit the coverage described in Covered 24 or 25. Risk 14, 15, 16, 17 or 24. 5. Failure to pay value for Your Title. 2. The failure of Your existing structures, or any part of them, to 6. Lack of a right: be constructed in accordance with applicable building codes. a. to any Land outside the area specifically described and This Exclusion does not apply to violations of building codes referred to in paragraph 3 of Schedule A; and if notice of the violation appears in the Public Records at the b. in streets, alleys, or waterways that touch the Land. Policy Date. This Exclusion does not limit the coverage described in Covered 3. The right to take the Land by condemning it, unless: Risk 11 or 18. a. notice of exercising the right appears in the Public Records at the Policy Date; or LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 14, 15, 16, and 18, 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 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Your Deductible Amount 1.00% of Policy Amount or $2,500.00 (whichever is less) 1.00% of Policy Amount or $MQQ.QQ (whichever is less) .1..QQ% of Policy Amount or $5,000.00 (whichever is less) 1.00% of Policy Amount or $~ (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 Attachment One (07/26/10) ATTACHMENT ONE (CONTINUED) CL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land dMsion; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constrocted in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described In Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded In the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Dale -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankroptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: 1 % of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) 1% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 Attachment One (07 /26/10) ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: · 1. (a) Any law, ordinance or governmental regulation (including but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas 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 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 Polley. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a detect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records a Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided In Covered Risk 27, or any consumer credit protection or truth-in-lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8(e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and ail interest charged thereon, over liens, encumbrances and other matters affecting the title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a resu It of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy Attachment One (07126/10) ATTACHMENT ONE (CONTINUED) AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07/26/10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, pennit. or governmental regulation Qncluding 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 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. B. 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 Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. Attachment One (07 /26/10) (S La~rs Title· Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (858) 650-3992 Order No. 311320158 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions Involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title company LTC -Lawyers Title Company Available Discounts ENE Underwriter CLTIC -Commonwealth Land Title Insurance Co. FEE REDUCTION SETTLEMENT PROGRAM {L TC and CL TIC) Eligible customers shall receive a $20.00 reduction in their title and/or escrow fees charged by the Company for each eligible transaction in accordance with the terms of the Final Judgments entered in The People of the State of California. DISASTER LOANS (CLTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title Insurance rate. EMPLOYEE RATE {L TC and CL TIC) No charge shall be made to employees (induding employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges Is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. LTC-Discount Notice Page 1 of 1 Mod. 1/10/2010 .. ~rsTitle~ Lawyers Title Company 5898 Copley Drive, 3rd Floor San Diego, CA 92111 Phone: (858) 650-3900 Fax: (858) 650-3992 Order No: 311320158 "Notice to Customers" (Involves Residential Real Property in California ONLY) You may be entitled to receive a $20.00 discount on escrow services If you purchased, sold or refinanced residential property in California between May 19, 1995 and November 1, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts, however, the maximum discount that can be given in this transaction shall be equal to $100 (5 x $20). If your previous transaction involved the same property that is the subject of your current transaction, you do not have to do anything; the Company will provide the discount, provided you are paying for escrow or title services in this transaction. If your previous transaction involved property different from the property that is subject of your current transaction, you must -prior to the close of the current transaction -Inform the Company of the earlier transaction, provide the address of the property involved In the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform the Company if the prior transaction on property that is not the subject of this transaction, the Company has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide the Company information concerning a prior transaction, the Company is required to determine if you quality for a discount which is subject to other terms and conditions. Name: Address: Telephone No: 63 09 / - CARLSBAD BLVD. w BLK 3 ~ @]) 0 :UOAC PACIFIC OCEAN ~ ~=1s°lfJTY IIOQ( 2113 P-. 14 SltT 1 Cf 2 @ 203-14 ~ SHT 1 Or 2 7.. @ 1"=100' (HWY. IOI) XI -SD-2B t f© ,. © BLK (@) 6 0 Z.IZAC ST 2AC~ ~ z w en ~ ~ a:. ::c 0 MAP 15369 • CARLSBAD TCT NO 04-22 MAP 2037 -GRANVILLE PARK NO. 2 •• 00Nl)0 THE NETHERLANDS DOCllZ-21602O (SEESltT2) 2• CONDO PUESTA DEL SOL DOC 86·306111~ C5EES<T2) 3• OONOO 2&77 & 2679 OCEAN STREET DOC 89-17£>489 C5EE 9iT 2) 4'00Nl0 SDIIISQUif CONOOMlMIUIIS DDCle-1~ (SEE SHT 2) s, CCNIJO 0CEAN 51REETCOIIOGII .. IUM OOC00-297180 C5tt SHT 2) MAP 1221 -HAYES LAND CO. AOO. MAP NO. 2 e• PUllUC ACCESS ESNT MAP 893 -OCEANSIDE ADD. TO CARLSBAD MAP 775(365.535) · TOWN OF CARLSBAD AMENDED ROS 11010, 12346, 13586,18012, 1895B \