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HomeMy WebLinkAboutPUD 2018-0003; PACIFIC VISTA COMMERCE CENTER; Planned Unit Development - Non-Residential (PUD)rr·· (. City of Carlsbad LAND USE REVIEW APPLICATION P-1 '""' Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov APPLICATIONS APPLIED FOR: {CHECK BOXES) Development Permits D Coastal Development Permit D Conditional Use Permit D Minor D Extension D Day Care {Large) D Minor D Environmental Impact Assessment D Habitat Management Permit D Minor D Hillside Development Permit D Minor D Nonconforming Construction Permit D Planned Development Permit ~ Minor D Residential S Non-Residential D Planning Commission Determination D Reasonable Accommodation D Site Development Plan D Special Use Permit D Minor ~ Tentative Parcel Map {Minor Subdivision) D Tentative Tract Map {Major Subdivision) D Variance D Minor (FOR DEPT. USE ONLY) Legislative Permits ~l.)i)io \ ~ - c, oo'3 r\Sic>ti-1100~ D General Plan Amendment D Local Coastal Program Amendment D Master Plan D Specific Plan D Zone Change □Amendment □Amendment D Zone Code Amendment South Carlsbad Coastal Review Area Permits D Review Permit D Administrative D Minor D Major Village Review Area Permits D Review Permit D Administrative D Minor D Major (FOR DEPT. USE ONLY) EJ NOTE: A PROPOSED PROJECT REQUIRING APPLICATION SUBMITTAL MUST BE SUBMITTED BY APPOINTMENT'. PLEASE CONTACT THE APPOINTMENT SPECIALIST AT (760) 602-2723 TO SCHEDULE AN APPOINTMENT. ASSESSOR PARCEL NO(S): LOCATION OF PROJECT: NAME OF PROJECT: BRIEF DESCRIPTION OF PROJECT: PROJECT VALUE (SITE IMPROVEMENTS) FOR CITY USE ONLY *SAME DAY APPOINTMENTS ARE NOT AVAILABLE 209-120-25-00 Lot 23 of Carlsbad Oaks North Phase 3 (Whiptal Loop) (STREET ADDRESS) Pacific Vista Commerce Center Tentative Parcel Map for existing light industrial development approved under SDP 2017-0002 ESTIMATED COMPLETION DATE Development No. ~I b -c>oi.:3 Lead Case No. P-1 Paoe 1 of 6 Revised 03/17 t'J ~ OWNER NAME (PLEASE PRINT) -APPLICANT NAME -(PLEASE PRINT) INDIVIDUAL NAME Gateway Pacific View, LLC, A Delaware INDIVIDUAL NAME -. ,., (if applicable): Limited Liabilitr Comganx, Bx RREEF (if applicable): Chris Wood COMPANY NAME America, LLC, A Delaware Limited Liability COMPANY NAME (if applicable): CawpaD¥ its loll:estweot Adldscu: h¥· {if applicable): Ryan Companies US, Inc. MAILING ADDRESS: Marvin Christensen, Managing Director MAILING ADDRESS: 4275 Executive Square, Suite 370 CITY, STATE, ZIP: 101 California Street, 24th Floor CITY, STATE, ZIP: La Iolla1 CA 92037 Sau Eiaucisco CA 94] l l TELEPHONE: 415-781-3300 I fax: 415-392-4648 TELEPHONE: 858-812-7910 EMAIL ADDRESS: chris.christensen@cio.com EMAIL ADDRESS: chris.wood@ryancompanies.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS THE BEST OF MY KNOWLEDGE. SET FORTH HEREIN IS MY AUTHORIZED REPRESENTATIVE FOR PURPOSES OF THIS APPLICATION. SIGNATURE DATE SIGNATURE DATE APPLICANT'S REPRESENTATIVE (Print): Chris Wood MAILING ADDRESS: 4275 Executive Square, Suite 370 CITY, STATE, ZIP: La Jolla, CA 92037 TELEPHONE: 858-812-7910 EMAIL ADDRESS: chris.wood@ryancompanies.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. SIGNATURE DATE IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND ANY SUCCESSORS IN INTEREST. PROPERTY OWNER SIGNATURE FOR CITY USE ONLY DATE STAMP APPLICATION RECEIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/17 OWNERNAMI;: INDIVIDUAL ~AME (if applicable): COMPANY NAME (if applicable}: MAILING ADDRESS: CITY, STATE, ZIP: TELEPHONE: EMAIL ADDRESS: (PLEASE PRINT) • Gateway Pacific View, LLC, A Delaware Limited Liability Company, By RREEF America, LLC, A Delaware Limited Liability Caropaoy its 1uves1roeot Advisor by- Marvin Christensen, Managing Director 101 California Street, 24th Floor Sao Eraocisca CA 94111 415-781-3300 I fax: 415-392-4648 chris.christensen@db.com I CERTIFY THAT I AM THE LEGAL OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I CERTIFY AS LEGAL OWNER THAT THE APPLICANT AS SET FORTH HEREIN IS MY UTHORIZED REPRESENTATIVE FOR PURPOSES HIS LI ION . .. ~lli/18 DATE APPLICANT'S REPRESENTATIVE (Print): Chris Wood APPLICANT NAME (PLEASE PRINT) INDIVIDUAL NAME (if applicable): Chris Wood --------------COMPANY NAME (if applicable): Ryan Companies US, Inc. MAILING ADDRESS: 4275 Executive Square, Suite 370 CITY, STATE, ZIP: -"L=a'--'-T=ol=la.._, .aaC=A'--9'""'2a.a0~3'--7 _______ _ TELEPHONE: 858-812-7910 ---------------EM A IL ADDRESS: chris. wood@ryancompanies.com I CERTIFY THAT I AM THE LEGAL REPRESENTATIVE OF THE OWNER AND THAT ALL THE ABOVE INFORMATION IS TRUE AND CORRECT TO ~i:lLEDGE DATE -------------------------------MA I LING ADDRESS: 4275 Executive Square, Suite 370 CITY, STATE, ZIP: La Jolla, CA 92037 -------------------------------------- TELEPHONE: 858-812-7910 --------------------------------------EM A IL ADDRESS: chris.wood@ryancompanies.com I CERTIFY THAT I AM THE REPRESENTATIVE OF THE APPLICANT FOR PURPOSES OF THIS APPLICATION AND THAT ALL THE ABOVE INFORM N IS To/E F',D CORRECT TO THE BESJ JF MY KNO GE. ~ Ofltl;t IN THE PROCESS OF REVIEWING THIS APPLICATION IT MAY BE NECESSARY FOR MEMBERS OF CITY STAFF, PLANNING COMMISSIONERS OR CITY COUNCIL MEMBERS TO INSPECT AND ENTER THE PROPERTY THAT IS THE SUBJECT OF THIS APPLICATION. I/WE CONSENT TO ENTRY FOR THIS PURPOSE. NOTICE OF RESTRICTION: PROPERTY OWNER ACKNOWLEDGES AND CONSENTS TO A NOTICE OF RESTRICTION BEING RECORDED ON THE TITLE TO HIS PROPERTY IF CONDITIONED FOR THE APPLICANT. NOTICE OF RESTRICTIONS RUN WITH THE LAND AND BIND AN CC SSORS IN INTEREST. FOR CIT C RECJ::~VED APR 2 0 2018 -· CITY c:= C !\R.;__SS!-.D DATE sP~W~(k~l~EIVED RECEIVED BY: P-1 Page 2 of 6 Revised 03/17 Indemnification and Insurance Requirement for Villa e Area Administrative Permit Certification Statement: I Certify that I am the Legal Business Owner of the subject business and that all of the above information is true and correct to the best of my knowledge. I agree to accept and abide by any conditions placed on the subject project as a result of approval of this application. I agree to indemnify, hold harmless, and defend the City of Carlsbad and its officers and employees from all claims, damage or liability to persons or property arising from or caused directly or indirectly by the installation or placement of the subject property on the public sidewalk and/or the operation of the subject business on the public sidewalk pursuant to this permit unless the damage or liability was caused by the sole active negligence of the City of Carlsbad or its officers or employees. I have submitted a Certificate of Insurance to the City of Carlsbad in the amount of one million dollars issued by a company which has a rating in the latest "Best's Rating Guide" of "A-" or better and a financial size of $50-$100 (currently class VII) or better which lists the City of Carlsbad as "additional insured" and provides primary coverage to the City. I also agree to notify the City of Carlsbad thirty days prior to any cancellation or expiration of the policy. The notice shall be delivered to: City Planner City of Carlsbad 1635 Faraday Avenue Carlsbad The insurance shall remain in effect for as long as the property is placed on the public sidewalk or the business is operated on the public sidewalk. This agreement is a condition of the issuance of this administrative permit for the subject of this permit on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approv rmit. Certification State I Certify that I am the Legal Property Owner for the subject business location and that all of the above information is true and correct to the best of my knowledge. I support the applicant's request for a permit to place the subject property on the public sidewalk. I understand that an approved administrative permit shall remain in effect for as long as outdoor displays are permitted within the Village Review Area and the permittee remains in compliance with the subject approved permit. Date:4'7~ P-1 Page 3 of 6 Revised 03/17 Ccicyof Carlsbad PROJECT DESCRIPTION REC~r •. r.::P-1(8) APR 12 2018 . CITY OF CARLSBAD G DlVISIQf,J PROJECT NAME: Pacific Vista Commerce Center APPLICANT NAME: Ryan Companies us, Inc. Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www .carlsbadca.gov Please describe fully the proposed project by application type. Include any details necessary to adequately explain the scope and/or operation of the proposed project. You may also include any background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use an addendum sheet if necessary. Description/Explanation: This project is a Tentative Parcel Map application for the subdivision of an industrial site that was previously approved under City of Carlsbad Site Development Permit Plan No. SOP 2017-0002. Each of the three industrial buildings will be separated onto 3 parcels. Reciprocal access easements will ensure that all parcels will maintain access to the public right-of-way. CC&Rs will also outline shared parking, access to shared facilities, and shared maintenance of common areas and utilities. Pacific Vista Commerce Center is a 411,000 square foot state-of-the-art Class A, institutional quality and size, warehouse/distribution development located in Carlsbad Oaks North on an elevated 25.9 acre lot with ocean and open space views. This project will be comprised of three buildings designed to be the most contemporary, functional and efficient distribution buildings in the North County marketplace. The project was designed with the flexibility to accommodate up to 14 tenants. Pacific Vista Commerce Center is the first industrial development in the City of Carlsbad to fully comply with the City's new Climate Action Plan and it features an impressive array of "green" technologies such as (i) a .91 megawatt rooftop solar panel array that provides tenants with net metering ability; (ii) 25,000 square feet of outdoor eating areas/amenity space that includes a sand volleyball court and bocce ball court; (iii) 24 electric vehicle charging stations (expandable to 44); (iv) a dedicated food truck parking area and (v) an enclosed bike shelter for nearly 40 bicycles among other features. The project will also include the following unique design features: •Market-leading 32' warehouse minimum clear heights w/ ESFR sprinkler systems •Attractive glass curtain wall entries facing Whiptail Loop • 10-15% office build-out with balance being warehouse space •Vastly superior trucking access -completely segregated from vehicular traffic w/ a minimum 180' deep common truck court •Market leading ratio of 1 dock high loading. door per 4,372 SF of project area •Concrete truck courts and drive aisles •Knock-out panels to provide significant demising flexibility as well as additional future office build out •Expansive, ocean, agricultural and open space views P-1(8) Page 1 of 1 Revised 07/10 {'cicyof Carlsbad HAZARDOUS WASTE Development Services AND SUBSTANCES RECEl\l~~anningDivision STATEMENT G~ Faraday Avenue APR 12 zo (160) 602-4610 P-1 (C) f8 www.carlsbadca.gov CITY OF CARLSB Consultation of Lists of Sites Related to Hazardous Wastes (Certification of Compliance with Government Code Section 65962.5) Pursuant to State of California Government Code Section 65962.5, I have consulted the Hazardous Waste and Substances Sites List compiled by the California Environmental Protection Agency and hereby certify that (check one): G'.f· The development project and any alternatives proposed in this application are not contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. D The development project and any alternatives proposed in this application fil! contained on the lists compiled pursuant to Section 65962.5 of the State Government Code. APPLICANT Name: Ryan Companies US, Inc. Address: 4275 Executive Square, Suite 370 La Jolla, CA 92037 Phone Number:_8~58_-8-1_2_-7~9_10 ________ _ PROPERTY OWNER Name: Gateway Pacific View, LLC Address: 101 California Street, 24th Floor San Francisco, CA 94111 Phone Number:_4_1_5_-7_8_1-_3_30_0 ______ _ Address of Site: Lot 23 of Carlsbad Oaks North Phase 3 (Whiptail Loop) Local Agency (City and County): City of Carlsbad, County of San Diego Assessor's book, page, and parcel number:_2_0_9_-1_20_-_25_-_oo _______________ _ Specify list(s): _____________________________ _ Regulatory Identification Number: _______________________ _ Date of List: ______________________________ _ Applicant Signature/Date The Hazardous Waste and Substances Sites List (Cortese List) is used by the State, local agencies and developers to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. P-1(C) Page 1 of 2 Revised 02/13 Per the California Environmental Protection Agency's website, "While Government Code Section 65962.5 [referred to as the Cortese List] makes reference to the preparation of a "list," many changes have occurred related to web-based information access since [the amended statute's effective date in] 1992 and this information is now largely available on the Internet sites of the responsible organizations. Those requesting a copy of the Cortese "list" are now referred directly to the appropriate information resources contained on the Internet web sites of the boards or departments that are referenced in the statute." Below is a list of agencies that maintain information regarding hazardous waste and substances sites. Department of Toxic Substances Control www.calepa.ca.gov/sitecleanup/CorteseList/default.htm www.calepa.ca.gov/database/calsites www.envirostor.dtsc.ca.gov/public EnviroStor Help Desk (916) 323-3400 State Water Resources Control Board http://geotracker.waterboards.ca.gov/ County of San Diego Department of Environmental Health Services www.co.san-diego.ea.us/deh Hazardous Materials Division www.sdcounty.ca.gov/deh/hazmat/hazmat permits.html Mailing Address: County of San Diego Department of Environmental Health P.O. Box 129261 San Diego, CA 92112-9261 Call Duty Specialist for technical questions at (858) 505-6880, fax (858) 505-6868 (fax) Environmental Protection Agency National Priorities Sites ("Superfund" or "CERCLIS") www.epa.gov/superfund/sites/cursites (800) 424-9346 or (702) 284-8214 National Priorities List Sites in the United States www.epa.gov/superfund/sites/npl/npl.htm P-1(C) Page 2 of 2 Revised 02/13 Ccicyof Carlsbad 0 TIME LIMITS ON DISCRETIONARY PROJECTS P-1(E) PLEASE NOTE: 0 Development Services Planning Division 1635 Faraday Avenue (760) 602-4610 www.carlsbadca.gov Time limits on the processing of discretionary projects established by state law do not start until a project application is deemed complete by the City. The City has 30 calendar days from the date of application submittal to determine whether an application is complete or incomplete. Within 30 days of submittal of this application you will receive a letter stating whether this application is complete or incomplete. If it is incomplete, the letter will state what is needed to make this application complete. When the application is complete, the processing period will start upon the date of the completion letter. If you have any questions regarding application submittal requirements (i.e., clarification regarding a specific requiremen or whe r all requirements are necessary for your particular application} please call (760) 6 4610. Applicant Signature: Staff Signature: Date: To be stapled with receipt to the application P-1(E) APR 12 2018 CITY OF CARLSSAD P!...P.NN!NG D:'J'.S.::.:,:'J Page 1 of 1 Revised 07/10 Ccicyof Carlsbad 0 TENTATIVE PARCEL MAP WAIVER OF PROCESSING TIME LIMITS P-1 (F) Proposed Minor Subdivision No.:. __________ _ Development Services Planning Division 1635 Faraday Avenue 760-602-4610 www.carlsbadca.gov Subdivision Map Act (SMA) Section 66452.1 sets a 50-day time limit for the Planning Division to process tentative parcel maps. Per SMA Section 66451.1, this time limit may be extended by mutual consent of the applicant and the city to allow for concurrent processing of related approvals or an environmental review of the project. By accepting applications for tentative parcel maps concurrently with applications for other approvals that are prerequisites to the map (e.g., Environmental Information Form, Environmental Impact Report, Condominium Permit, Planned Unit Development), the 50-day time limit is often exceeded. For the city to process a tentative parcel map application concurrently, the property owner or applicant must sign this agreement. If this agreement is not signed, the city will accept the tentative parcel map application only after all prerequisites to the map have been processed and approved. The undersigned acknowledges the processing time required by the city is expected to exceed the 50-day time restriction and hereby waives such time restriction for city planner action. ~! () /J _ 1 n :! it, !/f Signeris(checkon~/ ...... ~~.&4'C'"-""'~,.___IHK ___ __,;L.~ilbu..;~'-'-l..:::..~""'t,/2;oc...;:.li~w)(------J6,-':r-'-/-"'<fo...L.: i'tiJ_...;;_ __ □Property Owner MApplicant Signature Print Name Date P-1(F) Rev. 04/13 Ccicyof Carlsbad TEN,9.-IVE PARCEL MAP TENANT NOTIFICATION STATEMENT Development Services (Statement of Compliance with Subdivision Map Act Sect. 66427.1) P-1(G) Planning Division R::i:: C ,:::' ,1:1. rr··, ,..,.1635 Faraday Avenue t-· t.-i ~; ··-J 760-602-4610 www.carlsbadca.gov Proposed Minor Subdivision No.: ___________ CITY OF CARLSBAD PLANNING 01v1rnoN I hereby certify that I have read Subdivision Map Act Section 66427 .1 (provided below) and that I will make all notifications to the tena required therein. M©J\'b) :E d.\:&l,T~ °' '"I.a -I~ Print Name Date □Applicant D Property Owner ~plicant Print Name i Date Subdivision Map Act Section 66427.1 (a) The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, unless it finds as follows: (1) Each tenant of the proposed condominium, community apartment project, or stock cooperative project, and each person applying for the rental of a unit in the residential real property, has received or will have received all applicable notices and rights now or hereafter required by this chapter or Chapter 3 (commencing with Section 66451 ). (2) Each of the tenants of the proposed condominium, community apartment project, or stock cooperative project has received or will receive each of the following notices: (A) Written notification, pursuant to Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Section 66452. (B) Ten days' written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the final public report, and that the report will be available on request. (C) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Department of Real Estate. (D) Written notification within 10 days after approval of a final map for the proposed conversion. (E) One hundred eighty days' written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to Section 66452.11, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Sections 1941, 1941.1, and 1941.2 of the Civil Code. (F) Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Section 11018.2 of the Business and Professions Code, and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right. (b) The written notices to tenants required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a) shall be deemed satisfied if those notices comply with the legal requirements for service by mail. (c) This section shall not diminish, limit or expand, other than as provided in this section, the authority of any city, county, or city and county to approve or disapprove condominium projects. (d) If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, all required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in that language. P-1(G) Page 1 of 1 Revised 11/12 To: 0 0 SB&D~ PLANNING ENGINEERING SURVEYING TRANSMITTAL RECEIVED APR 1 ! 2018 CITY OF CARLSBAD Planning Department 1635 Faraday Avenue Carlsbad, CA 92008-7314 From: Date: Jenifer BurrowEITY OF CARLSBAD t-'LANNING DIVISION April12,2018 Job No.: 72860.15 Attention: Intake RE: Pacific Vista Commerce Center Tentative Parcel Map-First Submittal We are transmitting the following via hand delivery (JMB). r As Requested ~ For Review/Approval r For Your Information C Please Reply Number Number Of Of Description Date Copies Sheets 1 6 Land Use Review Application 2/12/18 1 1 Project Description 1 2 Hazardous Waste and Substances Statement 2/12/18 1 1 Time Limit on Discretionary Projects 2/08/18 1 1 Tentative Parcel Map Waiver of Processing Time Limits 2/12/18 1 1 Tentative Parcel Map Tenant Notification Statement 2/12/18 1 6 Early Public Notice Package 2/13/18 2 16 Preliminary Title Report 9/22/17 1 Ea Early Public Notice Package , 2/13/18 5 2 Tentative Parcel Map and Site Development Permit Site Plan -stapled 2/12/18 and folded to 9" X 12" 1 58 Declaration of Covenants, Conditions, Restrictions & Establishment of 4/06/18 Easements -Draft 1 CD: Submittal Documents & Plans 4/12/18 1 1 Fees: Gateway Pacific View LLC Check No. 00010036, $4,044 2/20/18 COMMENTS: AWP/JMB Received By: ______________ _ Date: -----------Corporate Office: 3990 Ruffin Road, Suite 120 ■ San Diego, CA. 92123 ■ Phone (858) 560-1141 ■ Fax (858) 560-8157 41689 Enterprise Circle North, Suite 126 ■ Temecula, CA. 92590 ■ Phone (909) 695-8900 ■ Fax (909) 695-8901 September 18, 2017 Ryan Grove Ryan Companies Order r~.:l'l'hber: NCS-846978-5D Page Number: 1 Amended September 22, 2017 First American Title Insurance Company National Commercial Services 4380 La Jolla Village Drive, Suite 110 San Diego, CA 92122 4275 Executive Square, Suite 370 San Diego, Calif. 92037 Phone: (760)745-8118x231 Fax: (760)745-1890 Customer Reference: Title Officer: Phone: Fax No.: E-Mail: Buyer: Owner: Property: Whiptail Loop Vince Tocco/ Linda Slavik (858)410-3886 (877)461-2094 vtocco@firstam.com Gateway Pacific View, LLC Whiptail Loop, Carlsbad, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. 771e policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set fotth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Rrst American 77tle Insurance Company Order t~ber: NCS-846978-SD Page Number: 2 Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Rrst American 77tle Insurance Company Dated as of September 13, 2017 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Extended Loan Policy ALTA Standard Owner Policy Order ~ber: NCS-846978-5D Page Number: 3 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Gateway Pacific View, LLC., a Delaware Limited Liability Company The estate or interest in the land hereinafter described or referred to covered by this Report is: Fee The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. 2. The lien of special tax for the following community facilities district, which tax is collected with the county taxes. District: Carlsbad CFO #3 IMP 2 3. The lien of special tax for the following community facilities district, which tax is collected with the county taxes. District: SAN DIEGUITO UNION HIGH CFO 95-1 4. The lien of special tax assessed pursuant to Chapter 2.5 commencing with Section 53311 of the California Government Code for Community Facilities District No. 1, as disclosed by Notice of Special Tax Lien recorded May 20, 1991 as Instrument No. 1991-0236959 of Official Records. Document(s) declaring modifications thereof recorded June 29, 2004 as Instrument No. 2004- 0606773 of Official Records. 5. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 6. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 3, 1981 as Instrument No. 81-380028 of Official Records. Arst American 77tle Insurance Company Order 11'.!l'hber: NCS-846978-SD Page Number: 4 7. The terms and provisions contained in the document entitled "Payment of a Public Facilities Fee" recorded December 11, 1985 as Instrument No. 85-466658 of Official Records. 8. The terms and provisions contained in the document entitled "Notice of Restriction on Real Property" recorded November 9, 2004 as Instrument No. 2004-1066056 of Official Records. 9. The terms and provisions contained in the document entitled "Notice and Waiver Concerning Proximity of the Planned or Existing Palomar Airport Road and Melrose Drive Transportation Corridors Case No: CT 97-13" recorded November 9, 2004 as Instrument No. 2004-1066058 of Official Records. 10. The terms and provisions contained in the document entitled "Hold Harmless Agreement Drainage" recorded December 15, 2004 as Instrument No. 2004-1180067 of Official Records. 11. The terms and provisions contained in the document entitled "Hold Harmless Agreement Geological Failure" recorded December 15, 2004 as Instrument No. 2004-1180068 of Official Records. 12. The terms and provisions contained in the document entitled "Agreement Between Developer/Owner and the City of Carlsbad for the Payment of a Local Drainage Area Fee" recorded December 21, 2004 as Instrument No. 2004-1201221 of Official Records. 13. Covenants, conditions, restrictions and easements in the document recorded February 5, 2007 as Instrument No. 2007-0081082 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded March 20, 2013 as Instrument No. 2013- 0175873 of Official Records. A declaration of annexation recorded October 25, 2016 as Instrument No. 2016-0576403 of Official Records. 14. Abutter's rights of ingress and egress to or from Whiptail Loop and Gazelle Court have been dedicated or relinquished on the map no. 16145 of Tract Maps recorded October 13, 2016. 15. This item has been intentionally deleted. 16. The terms and provisions contained in the document entitled "Landscape Maintenance Agreement" recorded September 19, 2017 as Instrument No. 2017-0429292 of Official Records. 17. Water rights, claims or title to water, whether or not shown by the public records. 18. Rights of parties in possession. Arst American Title Insurance Company INFORMATIONAL NOTES Order 1"'G'!'t'iber: NCS-846978-SD Page Number: 5 1. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $20,514.00, PAID Second Installment: $20,514.00, PAID Tax Rate Area: 09013 APN: 209-120-18-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 2. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 09013 APN: 900-001-09-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 3. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 09013 APN: 900-001-08-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 4. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $34,231.88, PAID Second Installment: $34,231.88, PAID Tax Rate Area: 09013 APN: 900-001-07-00 Rrst American 77tle Insurance Company Affects: Order l'<fflfflber: NCS-846978-5D Page Number: 6 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 5. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $0.00, NO TAX DUE Second Installment: $0.00, NO TAX DUE Tax Rate Area: 09013 APN: 900-001-06-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 6. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $26,653.01, PAID Second Installment: $26,653.01, PAID Tax Rate Area: 08217 APN: 900-000-96-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 7. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 08217 APN: 900-000-95-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 8. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $3,206.21, PAID Second Installment: $3,206.21, PAID Tax Rate Area: 08217 APN: 900-000-94-00 First American Title Insurance Company Affects: Order 1'..fnber: NCS-846978-SD Page Number: 7 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. 9. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 08140 APN: 900-000-93-00 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. (Portion of Community Facilities District included) Affects: The land and other property. 10. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $398.01, PAID Second Installment: $398.01, PAID Tax Rate Area: 08119 APN: 900-000-90-00 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. (Portion of Community Facilities District included) Affects: The land and other property. 11. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,665.00, PAID Second Installment: $49,665.00, PAID Tax Rate Area: 08119 APN: 900-000-89-00 Affects: Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. The land and other property. Rrst American 77tle Insurance Company Order tmiber: NCS-846978-5D Page Number: 8 12. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $49,999.99, PAID Second Installment: $49,999.99, PAID Tax Rate Area: 08119 APN: 900-000-88-00 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. (Portion of Community Facilities District included) Affects: The land and other property. 13. Taxes for proration purposes only for the fiscal year 2016-2017. First Installment: $46,615.01, PAID Second Installment: $46,615.01, PAID Tax Rate Area: 08119 APN: 900-000-87-00 Note for information: The San Diego County Assessor has indicated a new tax identification number will come into use for the property in question in the future. At this time the new number is: 209-120-25-00. (Portion of Community Facilities District included) Affects: The land and other property. 14. Supplemental taxes for the fiscal year 2016-2017 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $63,014.11, PAID Penalty: $0.00 Second Installment: $63,014.11, PAID Penalty: $0.00 Tax Rate Area: 09013 A. P. No.: 869-275-45-56 15. The property covered by this report is vacant land. 16. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded November 01, 2016 as Instrument No. 2016-0591600 of Official Records. From: Carlsbad Oaks North Partners, LP., a california Limited Partnership To: Techbilt Construction Corp., a california corporation First American 77tle Insurance Company Order ~ber: NCS-846978-SD Page Number: 9 A document recorded August 18, 2017 as Instrument No. 2017-0377546 of Official Records. From: Techbilt Construction Corp., a California corporation To: Gateway Pacific View, LLC., a Delaware Limited Liability Company 17. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 18. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may require. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4.,,, A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-I), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILllY COMPANY: First American Tltle Insurance Company Order ~ber: NCS-846978-5D Page Number: 10 1. A copy of its operating agreement and any amendments thereto; 2. If it is a California limited liability company, a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-5) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. ***** Arst American 77tle Insurance Company LEGAL DESCRIPTION Order lt:l'tflber: NCS-846978-SD Page Number: 11 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 23 OF CARLSBAD OAKS NORTH PHASE 3, IN THE CI1Y CARLSBAD, COUN1Y OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUN1Y RECORDER OF SAN DIEGO COUN1Y, OCTOBER 15, 2016. APN: 209-120-18-00 (PORTION) NEW APN: 209-120-25-00 (NOT YET ASSESSED) Arst American 77tle Insurance Company Order ml1'11ber: NCS-846978-5D Page Number: 12 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. App Ii ca bility This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Arst American 77tle Insurance Company Order r~ber: NCS-846978-SD Page Number: 13 CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; ( c) that result in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division ( d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Tttle Insurance Company 3. Title Risks: (a) that are created, allowed, or agreed to by you Order ~ber: NCS-846978-SD Page Number: 14 (b) that are known to you, but not to us, on the Policy Date --unless they appeared in the public records ( c) that result in no loss to you ( d) that first affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN 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; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Rrst American Title Insurance Company Order ~ber: NCS-846978-SD Page Number: 15 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. 2006 ALTA OWNER'S POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk ll(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: Arst American Title Insurance Company Order 1, .;iber: NCS-846978-SD Page Number: 16 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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. a. Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; iii. the subdivision of land; or iv. environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b. Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured 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 ll(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is a. a fraudulent conveyance or fraudulent transfer, or b. a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. First American 77tle Insurance Company