HomeMy WebLinkAboutCT 13-06; LA COSTA FAIRWAY VILLAS; Engineering Application-
«~
'~ CITY OF
CARLSBAD
APPLICATION
ENGINEERING
PLANCHECK
E-23
Development Services
Land Development Engineering
1635 Faraday Avenue
760-602-2750
www.carlsbadca.gov
Project Name: LA-~ VI~ Date:_~_{~-"--o-+/_o_t _____ _
Project Description: !:) <JN<.+-c:::£:f'lll'/O ~ W/.AIT~ "2. CAVL
C:,A~c!ile., ~ ~ ~tt:::
Project Address:-y---,----<=,t~t;e,~tql.~_t..:_:r._~ ___ ~~-~'-"-------------.--=-----------,,-----
Lot No(s).: 4ol Map No.: ~ APN(s): -Z.(~-~0 ~ o4-oo
Number of Lots: { Number of Acres: ,~ Miles of Trails: p5
Owner:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
Phone Number:
Fax Number:
n:"ct~~~~~;:.:~~~~E-mail:
I certify that I am the I owner and that all the above
information is true an co ect to the best of my knowledge.
___,. Signature:
Civil Engineer.
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
Date: I
M.\~ MA~t,N~
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<,A14.:',~ CA 9-zet>1
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Signature:
Soils Engineer:
Firm:
Mailing Address:
Phone Number:
Fax Number:
E-mail:
State Registration Number: ~ State Registration Number: ("::p •00. ICf 2!;)
Additional Comments:
IMPROVEMENT VALUATION
1. What water district is the proposed project located in? (check one)
Cll Carlsbad Municipal Water District C Olivenhain [J Vallecitos
2. ' it in the Carlsbad Municipal Water District, what is the total cost estimate, including the 15% contingency fee, for
water and reclaimed water improvements, sewer (for Carlsbad Municipal Water District only), street, public
(median) landscape and irrigation, and drainage improvements (if applicable)? $
.,-GRADING g~ANTITIES cu(i't.(£ cy fill cy remedial3 cy import cy export cy
E-23 Page 1 of 2 REV 4/30/10
••
Form No. 14
CLTA Subdivision Guarantee (4-10-75)
SUBDIVISION GUARANTEE
Fee: $150.00
No.: 4653886
Subdivision: carlsbad Tract No. 13-06 La Costa Villas
First American Title Insurance Company
a corporation
GUARANTEES
,......
Order Number: NHSC-
4653886
Page Number: 1
Toe County of San Diego and any City within which said subdivision is located in a sum not exceeding
$1,000.00.
That, according to those public records which, under the recording laws, impart constructive notice of
matters affecting the title to the land included within the exterior boundary shown on the map of the
above referenced subdivision, the only parties having any record title interest in said land whose
signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates
consenting to the recordation of said map and offering for dedication any streets, roads, avenues and
other easements offered for dedication by said map are:
MBM Development, Inc., a California corporation, as Owner
The signature of the following has been omitted under the provision of Section 66436, Subsection (a) (3) (i)
of the Subdivision Map Act. Their interest is such that it cannot ripen into fee title and said signature is not
required by the Governing body:
La Costa Vista Associates, a limited partnership, as holder of an easement recorded April 25, 1979, as
Instrument No. 79-170169, of Official Records.
Toe map hereinbefore referred to is a subdivision of:
LOT 401 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970.
Dated: December 8, 2014
First American Title Insurance Company
Form No. 14
CLTA Subdivision Guarantee (4-10-75)
First American Title Insurance Company
j).,,,._/4't4.
~11n1s J Gilrnore
f>re,sl(lt,nt
,l4'ftre;· S R:obin5on
Se<:re,ory
First American Title Insurance Company
,.......
Order Number: NHSC-
4653886
Page Number: 2
CLTA Preliminary Report Form
(Rev. 11/06)
Order Number: NHSC-4653886 (rh)
Page Number: 1
First American Dtle ~Ce4;
t.~ ,. oc, ~./) ivu -2,2 2J First American Title Company ~'11Qu~v<:: '01~
4380 La Jolla Village Drive, Ste 200 1/}J~f v/wlb; ,
San Diego, CA 92122 1;:,,,_,,~t::11;)
...
MBM Development, Inc.
1608 Lake Drive
Cardiff, CA 92007
Customer Reference:
Order Number:
litle Officer:
Phone:
Fax No.:
E-Mail:
Buyer:
Owner:
Property:
Carlsbad Tract No. 13-06 La Costa Villas
NHSC-4653886 (rh)
Ranny Harper
(858)410-1308
(714)913-6838
rharper@firstam.com
MBM Development, Inc.
VACANT LAND
CARLSBAD, CA
PREUMINARY REPORT
In response to the above referenced application for a policy of title insurance, this company hereby reports that It is prepared to Issue, or
cause to be Issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or Interest therein
hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as
an Exception below or not exduded from coverage pursuant to the printed Schedules, Conditions and stipulations of said Polley forms.
The printed Exceptions and Exdusions from the coverage and Limitations on Covered Rlsks of said policy or policies are set forth in Exhibit A
attached. The policy to be Issued f11ilY cont.aln an arbitration clause. When the Amount of Insurance Is less than that set forth in the
arbitration clause, all arbltrable f11iltters shall be arbitrated at the option of either the Company or the Insured as the exduslve remedy of the
parties. Limitations on Covered Risks applicable to the Cl TA 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. Coples of the policy forms should be
read. They are available from the office which Issued this report.
Please read the exceptions shown or referred to below and the exceptions and exduslons 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 encumb~nces 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 tltte
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 Title
Dated as of October 16, 2014 at 7:30 A.M.
Order Number: NHSC-4653886 (rh)
Page Number: 2
Toe form of Policy of title insurance contemplated by this report is:
Subdivision Report
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:
MBM Development, Inc., a califomia corporation
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A 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 Exdusions in said
policy form would be as follows:
1. General and special taxes and assessments for the fiscal year 2014-2015.
First Installment: $4,758.75, Open
Penalty: $0.00
Second Installment: $4,758.75, Open
Penalty: $0.00
Tax Rate Area: 09046
A. P. No.: 216-300-04-00
2. Supplemental taxes for the year 2014-2015 assessed pursuant to Chapter 3.5 commencing with
Section 75 of the california Revenue and Taxation Code.
First Installment: $2,411.70, Open
Penalty: $0.00
Second Installment: $2,411.70, Open
Penalty: $0.00
Tax Rate Area: 09046
A. P. No.: 839-625-95-03
3. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with
Section 75 of the callfornia Revenue and Taxation Code.
Rrst American Title
Order Number: NHSC-4653886 (rh)
Page Number: 3
4. Covenants, conditions, restrictions and easements in the document recorded March 10, 1970
as Instrument No. 43138 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 litle 42, Section 3604(c), of the United States Codes or Section
12955 of the califomia 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.
5. An easement for driveway and incidental purposes, recorded April 25, 1979 as Instrument No.
79-170169 of Official Records.
In Favor of:
Affects:
La Costa Vista Associates, a limited partnership
The location of the easement cannot be determined from record
information.
6. The terms and provisions contained in the document entitled "Agreement Regarding Payment of
a Public Utilities Fee" recorded May 7, 1991 as Instrument No. 1991-0211789 of Official Records.
7. Water rights, dalms or title to water, whether or not shown by the public records.
Rrst American Title
Order Number: NHSC-4653886 (rh)
Page Number: 4
INFORMATIONAL NOTES
Note: Toe policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If
you desire to review the terms of the policy, including any arbitration clause that may be included,
contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the
policy that is to be issued in connection with your transaction.
8. No known matters otherwise appropriate to be shown have been deleted from this report, which
is not a policy of title insurance but a report to facilitate the issuance of a policy of title insurance.
For purposes of policy issuance, items None may be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the Company as insurer.
Toe map attached, if any, may or may not be a survey of the land depicted hereon. First American
expressly disclaims any liability for loss or damage which may result from reliance on this map except to
the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title
insurance policy, if any, to which this map is attached.
Rrst AmeriaJn Title
Order Number: NHSC-4653886 (rh)
Page Number: 5
LEGAL DESCRIPTION
Real property In the City of CARLSBAD, County of San Diego, State of California, described as
follows:
LOT 401 OF LA COSTA SOUTH UNIT NO. 5, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6600, ALEO IN THE
OFACE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1970.
APN: 216-300-04-00
First Amelie.an Title
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THIS MAP WI$ PREPARED FOR ASSESSMENT PURPOSES ONLY. NO UASIUTY IS ASSUMED FOR THE ACCURACY OF TIE DATA SHOWN. ASSESSOR'S PARCELS
MAY NOT COMPLY WITH LOCAi. SUBOMSION OR BUILDING
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MAP 11206-CARLSBAD TCT NO 83 -38
MAP 10236-CARLSBAD TCT NO 80 -8 (CONDO)
MAP 9847 -CARLSBAD TCT NO 79 • 19 (CONDO)
MAP 9791 -CARLSBAD TCT NO 79 -11 (CONDO)
MAP 7987 -CARLSBAD TCT NO 73 -51
MAP 7958 -CARLSBAD TCT NO 73 -28
MAP 7943 -CARLSBAD TCT NO 73 -35
MAP 6600 -LA COSTA-SOUTH UNIT NO 5
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NOTICE
Order Number: NHSC-4653886 (rh)
Page Number: 7
Section 12413.1 of the califomia Insurance Code, effective January 1, 1990, requires that any title insurance
company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds, before recording any documents in connection
with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed
the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day
after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,
cashier's checks, or certified checks whenever possible.
first American ntte
EXHIBIT A
Order Number: NHSC-4653886 (rh)
Page Number: 8
LIST OF PRINTED EXCEPnONS AND EXO.USIONS (BY POUCY TYPE)
CLTA/ALTA HOMEOWNER'S POUCY 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 Exdusion does not limit the coverage described In Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be conslructed in accordance with applicable building codes. This Exdusion
does not limit the coverage described In Covered Risk 14 or 15.
3. The right to take the Land by condemning It. This Exdusion does not 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 Polley Date;
(c) that result In no loss to You; or
(d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Tltle.
6. Lack of a right:
(a) to any land outskle 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 Exduslon does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Tltle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state
insolvency, or similar aedltors' rights laws.
UMITATIONS 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 Deduetible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
Vour Qeductible 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 Qoll•r
Limit or UabJHtv
$10,000.00
$25,000.00
$25,000.00
$5,000.00
ALTA RESIDENTIAL TITLE INSURANCE POUCY (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.
Rrst Ameri<:an Title
Order Number: NHSC-4653886 (rh)
Page Number: 9
This exdusion does not limit the zoning coverage desaibed 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 taklng happened prior to the Polley Date and is binding on you if you bought the land without knowing of the taking
3. Title Risks:
(a) that are created, allowed, or agreed to by you
(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 materlal 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 spedfically descr1bed and referred to in Item 3 of Schedule A OR
(b) In streets, alleys, or waterways that touch your land
This exdusion does not limit the access coverage in Item 5 of Covered Tltle Risks.
2006 ALTA LOAN POLICY (06-17-o&)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (indudlng 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 subdMsion of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exdusion 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 Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured 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 Oaimant prior to the date the Insured Oalmant 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 Polley (however, this does not modify or limit the coverage provided under Covered Risk 11,
13, or 14); or
( e) resulting in loss or damage that would not have been sustained if the Insured Oalmant had paid value for the Insured Mortgage.
4. Unenforceabillty 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 unenforceablllty 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 dalm, 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 Tltle for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Polley and the date of recording of the Insured Mortgage in the Public Records. This Exdusion does not modify or limit the coverage
provided under Covered Risk 11(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above
Exduslons from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions
from Coverage:
EXCEPnONS 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 Americ.an ntle
-
Order Number: NHSC-4653886 (rh)
Page Number: 10
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 dalms thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disdosed by
an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining dalms; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water
rights, daims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POUCY (06-17--06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, pennlt, or governmental regulation (indudlng 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 subdMsion of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exduslon l(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exdusion l(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exdusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse dalms, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Oalmant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Oaimant and not dlsdosed
In writing to the Company by the Insured Oaimant prior to the date the Insured Oalmant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Oalmant;
( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or
10); or
(e) resulting in loss or damage that would not have been sustained If the Insured Oalmant had paid value for the Title.
4. Any dalm, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction vesting
the lltle as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of
Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exdusions from
Coverage, the Exceptions from Coverage in a Standard Coverage policy will also lndude 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 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 dalms 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 dalms; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water
rights, dalms or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
first American Title
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (07-26-10)
EXCLUSIONS FROM COVERAGE
Toe following matters are expressly exduded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (induding those relating to building and zoning) restricting, regulating,
prohibiting, or relating to
(I) the occupancy, use, or enjoyment of the Land;
(II} the character, dimensions, or loc.ation 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 Exdusion 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 dalrns, 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 aaimant prior to the date the Insured aaimant 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 Oaimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-
business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the
Insured Mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. This Exduslon does not modify or limit
the coverage provided in Covered Risk 26.
6. Any dalm of invalidity, unenforceabllity 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
Exduslon does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date
of Polley. This Exduslon 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 dalm, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating
the llen 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.
Rrst American Title
~ I First American nt1e
Prtvacylnrorn.tlon
We AN Commltlad 11D Safegullnllng ~ lnrorn.tiDn
In order to better sen,e your needs now and In the future, we may ask you to provide us with certain Information. We understand that you may be COOOlm8d about what we will do with such
Information -partk:ularly 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
subsldlarles we have adopted thlS Privacy Polley to govem the use and handling of your personal Information.
Appllc:ablllty
ThlS Privacy Polley governs our use of the Information that 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. Arst American has also adopted broader guidelines that govem our use of personal Information regardless of Its source.
Arst American calls these guldellnes Its Fair Information Values.
Typea al lnfonllllllon
Depending upon which of our servlceS you are utiUzlng, the types of nonpublic personal Information that we may collect Include:
• Information we receive from you on applicatlons, forms and In other oommunlcatlons ID us, whether In wntlng, In person, by telephone or any other means;
• Information about your transactlOnS with us, our affilated companies, or others; and
• Information we receive from a consumer reporting agency.
UN of lnfannllllon
We request Information from you fOr our own legltima'2 business purposes and not fOr the benefit of any nonafflllated party. Therefore, we will not release your Information ID nonaffllated parties
except: (1) as necessary ror us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such lnfonnatkln lndellnttely, 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 al of the types of
nonpublic personal Information listed above to one or more of our affiliated oompanies. Such affiliated oompanles Include financial service providers, such as tltle Insurers, property and casualty
Insurers, and trust and Investment advisory companies, or companies lnvOlved In real estate servlceS, such as appralSal oompanles, home warranty companies and escrow companies. Furthermore,
we may also provide all the lnformatton we collect. as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated oompanles or to other financial
lnstltuttons with whom we or our afflUated companies have joint marketing agreements.
Ponner c...._.
Even If you are no longer our customer, our Privacy Polley wtll continue to apply to you.
Contldentlllllty and 5-lrlty
We will use our best efforts to ensure that no unauthorized parties have access to any of your lnforrnatlOn. We restrict access to nonpublic personal Information about you to those lndlvlduals and
entltleS who need to know that Information to provide products or servlceS to you. We will use our best efforts to train and ClllerSee our employees and agents to ensure that your Information wtll be
handled responSlbly and In aa:ordance with thlS Privacy Polley and Arst American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that oomply with
federal regulations to guard your nonpublic personal Information.
lnfomwtlon Obtalnal Tilrougll Our Web Sita
Rrst American Financial Co,poration IS sensitive to privacy issues on the Internet. We believe It IS Important you know how we treat the Information about you we receive on the Internet.
In general, you can visit Rrst American or Its affllates' Web stes on the World Wide Web without telling us who you are or revealng any Information about yourself. Our Web servers collect the
domain names, not the e-mail addresses, d YISilDrs. ThlS Information IS aggregated to measure the number d visits, average time spent on the Site, pages viewed and Similar Information. Rrst
American uses this Information to measure the use d our Site and to develop Ideas to Improve the content dour sl:e.
There are times, i-er, when we may need Information from you, such as your name and email address. When Information Is needed, we wll use our best efforts to let you know at the time d
collection how we wll use the personal Information. Usually, the personal lnfOrmatlon we collect Is used only by us to respond to your inqUlry, process an order or allow you to access specific
account/prdlle lnfOrmatlon. If you choose to share any personal Information with us, we wtll only use It In acmrdance with the pollcles outlined above .
..... _ blatlonlhlps
Arst American Flnandal Corporation's Site and Its affiliates' Sites may contain llnlcs to other Web sites. While we try to link only to Sites that share our high standards and respect fOr privacy, we are
not responSlble for the content or the prtvacy practices employed by other Sites.
Cooldel
Some d Arst American's Web Sites may make use d "cookie" technology to measure sl:e activity and to customize lnfOrmatlon to your personal tastes. A cookie IS an element d data that a Web Site
can send to your browser, which may then store the cookie on your hard drive.
ArstAm com uses stored cookies. The goal of this technology IS to better serve you when visiting our Site, save you time when you are here and to provide you with a more meaningful and
productive Web Site expertence.
Fair lnfomatlon Valw Pal.-We IXJllSider consumer expectations about their privacy In all our businesses. We only offer products and services that assure a favorable balance between oonsumer benefits and consumer
privacy. Publlc 11-,1 We believe that an open public record creates Significant value ror society, enhances consumer choice and creates consumer opportunity. We actively support an open public rea>rd
and emphasize Its Importance and contribution to our economy.
UN We believe we should behave responSlbly when we use lnfOrmatlon about a consumer In our business. We wtll obey the laws governing the collection, use and dissemination d data.
Accuracy we wtll take reasonable s1eps to help assure the accuracy d the data we collect, use and dlSsemlnate. Where possible, we wlll take reasonable s1eps to airrect Inaccurate Information.
When, as with the pubic record, we cannot correct Inaccurate lnfOrmatlon, we will take all reasonable sleps to assist consumers In Identifying the source d the erroneous data so that the oonsumer
can secure the required conectlonS.
Ed,..._ We endeiMJr to educate the users dour products and services, our employees and others In our Industry about the 1....,.,.-tance d oonsumer privacy. We wtH Instruct our employees on
our fair lnfOrmatlon values and on the responstble tollectlon and use of data. We wtll encourage others In our Industry to oollect and use Information In a responsl)le manner.
Security we wtl maintain appropriate facilities and systems to protect against unauthorized access to and oorruptlon d the data we maintain.
Form 50-PRNACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)