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HomeMy WebLinkAboutPRELIM-LINKEDChicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 CLTA Preliminary Report Form – Modified (11/17/06)Page 1 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00150036-993-SD2-CFU Homefed Corporation 1903 Wright Place #220 Carlsbad, CA 92008 ATTN: Shaun Bradley Email: sbradley@hfc-ca.com REF: Escrow/Customer Phone: (619) 521-3500 Title Officer: Ken Cyr & Mark Franklin Title Officer Phone: (619) 521-3673 Title Officer Fax: (619) 521-3608 Title Officer Email: TeamCyrFranklin@ctt.com PROPERTY:1925 AVENIDA ESCAYA, CHULA VISTA, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title 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 herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. 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 Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By: Authorized Signature Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 CLTA Preliminary Report Form – Modified (11/17/06)Page 2 PRELIMINARY REPORT EFFECTIVE DATE:April 14, 2021 at 7:30 a.m. ORDER NO.: 00150036-993-SD2-CFU The form of policy or policies of title insurance contemplated by this report is: ALTA Standard Owner's Policy (6-17-06) ALTA Extended Loan Policy (6-17-06) ALTA Standard Loan Policy (6-17-06) 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: VILLAGE OF ESCAYA APARTMENTS, LLC, a Delaware limited liability company, subject to Item No. 37 herein. 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 3 EXHIBIT “A” LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF CHULA VISTA TRACT NO. 16-02 OTAY RANCH VILLAGE 3 NORTH CPF-1/MU-2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16353 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 1, 2019. EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY, AS RESERVED BY HOMEFED VILLAGE III, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN GRANT DEED RECORDED APRIL 25, 2016, AS INSTRUMENT NO. 2016-0190316 OF OFFICIAL RECORDS. APN: 644-061-47-00 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2021. B.A Notice Of Special Tax Lien pursuant to Sections 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code imposing a continuing lien not yet due and payable Disclosed by:Amendment to Notice of Special Tax Lien – Community Facilities District No. 97- 2 Recording Date:August 02, 2016 Recording No.:2016-0391349 of Official Records C.The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No:18M (Otay Ranch Village 3) For:City of Chula Vista Disclosed by:Notice of Special Tax Lien Recording Date:November 18, 2016 Recording No.:2016-0631709 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Chula Vista, County of San Diego. The tax may not be prepaid. Further information may be obtained by contacting: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 D.The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No:20 For:Sweetwater Union High School District Disclosed by:Proposed Boundary Map Recording Date:March 16, 2017 Recording No.:2017-7000089 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Chula Vista, County of San Diego. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No:20 For:Sweetwater Union High School District Disclosed by:Notice of Special Tax Lien Recording Date:April 28, 2017 Recording No.:2017-0192726 of Official Records PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 5 This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Chula Vista, County of San Diego. E.The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No:20 For:Chula Vista Elementary School District Disclosed by:Proposed Boundary Map Recording Date:March 20, 2017 Recording No.:2017-7000090 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Chula Vista, County of San Diego. The herein described property lies within the boundaries of a Mello-Roos Community Facilities District (CFD) as follows: CFD No:20 For:Chula Vista Elementary School District Disclosed by:Notice of Special Tax Lien Recording Date:May 17, 2017 Recording No.:2017-0221563 of Official Records This property, along with all other parcels in the CFD, is liable for an annual special tax. This special tax is included with and payable with the general property taxes of the City of Chula Vista, County of San Diego. F.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1.A document entitled “Agreement for Indemnification, Implementation of Mitigation Measures, and Payment of Certain Fees in Connection with the Approval of the General Plan Amendment, General and Other Development Plans for the Otay Ranch”, executed by the City of Chula Vista, the County of San Diego, and Otay Vista Associates, a California limited partnership, subject to all the terms, provisions and conditions therein contained, recorded February 07, 1994 as Instrument No. 1994-0084743 of Official Records. 2.A document entitled “Agreement between the City of Chula Vista and Otay Ranch, L.P., Village Development, Tiger Development Two”, executed by the Otay Ranch, L.P., a California limited partnership, Village Development, a California general partnership, and Tiger Development Two, a California limited partnership, subject to all the terms, provisions and conditions therein contained, recorded August 01, 1996 as Instrument No. 1996-0389036 of Official Records. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 6 3.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:The County of San Diego Purpose:Landfill nuisance Recording Date:March 17, 1997 Recording No:1997-0118929 of Official Records Affects:As shown on said Map No. 16353 The above mentioned easement has been assigned to “Otay Landfill, Inc., a California corporation” per document recorded October 31, 1997 as Instrument No. 1997-0547809 of Official Records. 4.A covenant and agreement upon and subject to the terms and conditions therein Executed by:Otay Project L.P. and Flat Rock Land Company, LLC In favor of:The City of Chula Vista Recording Date:June 28, 2006 Recording No:2006-0458125 of Official Records Reference is hereby made to said document for full particulars. 5.Matters contained in that certain document Entitled:Restated and Amended Land Offer Agreement Dated:July 08, 2014 Executed by:SSBT LCRE V, LLC, a limited liability corporation, and the City of Chula Vista, a political subdivision of the State of California Recording Date:July 29, 2014 Recording No:2014-0319703 of Official Records Reference is hereby made to said document for full particulars. 6.An unrecorded Amended and Restated Pre-Annexation Development Agreement dated March 18, 1997, executed by and between the City of Chula Vista and SNMB, Ltd., subject to the terms and provisions therein, as disclosed by: A document entitled “First Amendment to Restated and Amended Pre-Annexation Development Agreement” by and between SSBT LCRE V, LLC, a Delaware limited liability company, and the City of Chula Vista, subject to the terms and provisions therein, recorded January 14, 2015 as Instrument No. 2015-0015682 of Official Records. A document entitled “Assignment and Assumption of Restated and Amended Pre-Annexation Development Agreement” by and between SSBT LCRE V, LLC, a Delaware limited liability company, and HomeFed Otay Land II, LLC, a Delaware limited liability company, subject to the terms and provisions therein, recorded July 02, 2015 as Instrument No. 2015-0346792 of Official Records. A document entitled “Assignment and Assumption of Restated and Amended Pre-Annexation Development Agreement” by and between HomeFed Otay Land II, LLC, a Delaware limited liability company, and HomeFed Village III, LLC, a Delaware limited liability company, subject to the terms and provisions therein, recorded April 25, 2016 as Instrument No. 2016-0190315 of Official Records. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 7 A document entitled “Assignment and Assumption of Restated and Amended Pre-Annexation Development Agreement” by and between HomeFed Village III, LLC, a Delaware limited liability company, and HomeFed Village III Master, LLC, a Delaware limited liability company, subject to the terms and provisions therein, recorded April 27, 2016 as Instrument No. 2016-0194855 of Official Records. 7.Matters contained in that certain document Entitled:Agreement to Satisfy Parkland Acquisition Requirement Recording Date:April 11, 2013 Recording No:2013-0227419 of Official Records Reference is hereby made to said document for full particulars. 8.Resolution No. 2014-234 of the City Counsel of the City of Chula Vista recorded April 20, 2016 as Instrument No. 2016-0184002 of Official Records. 9.Resolution No. 2014-237 of the City Counsel of the City of Chula Vista recorded April 20, 2016 as Instrument No. 2016-0184003 of Official Records. 10.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose:Utilities Recording Date:April 25, 2016 Recording No:2016-0190316 of Official Record Affects:A portion of said land as more particularly described in said document 11.A document subject to all the terms, provisions and conditions therein contained. Entitled:Airport Overflight Agreement Recorded:November 30, 2016 as Instrument No. 2016-0655904 of Official Records Reference is hereby made to said document for full particulars. 12.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on Map No. 16160; Purpose:Proposed private maintenance Affects:As shown on said map PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 8 13.Matters contained in that certain document Entitled:Agreement Regarding Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a Portion of Community Park P-2 in Otay Ranch Village 4 Dated:December 06, 2016 Executed by:The City of Chula Vista, a California municipal corporation and charter city, and HomeFed Village III Master, LLC, a Delaware limited liability company Recording Date:December 21, 2016 Recording No:2016-0700044 of Official Records Reference is hereby made to said document for full particulars. A First Amendment to Agreement between the City of Chula Vista and Homefed Village III Master, LLC for Construction of Neighborhood Park P-1 in Otay Ranch Village 3 and a Portion of Community Park P-2 in Otay Ranch Village 4 Recorded October 5, 2018 as Instrument No. 2018-0416193, Official Records 14.Matters contained in that certain document Entitled:Grant of Easements, License and Maintenance Agreement Chula Vista Tract No. 16-02 Village 3 North (Dedicated Easements) Dated:December 06, 2016 Executed by:The City of Chula Vista, a California municipal corporation and charter city, and HomeFed Village III Master, LLC, a Delaware limited liability company Recording Date:December 21, 2016 Recording No:2016-0700045 of Official Records Reference is hereby made to said document for full particulars. 15.Matters contained in that certain document Entitled:Balanced Communities Affordable Housing Agreement (Otay Ranch Village Three) Dated:December 06, 2016 Executed by:HomeFed Village III Master, LLC, a Delaware limited liability company, and the City of Chula Vista, a California municipal corporation Recording Date:December 21, 2016 Recording No:2016-0700046 of Official Records Reference is hereby made to said document for full particulars. 16.Matters contained in that certain document Entitled:Subdivision Improvement Agreement Dated:December 13, 2016 Executed by:The City of Chula Vista, a municipal corporation, and HomeFed Village III Master, LLC, a Delaware limited liability company Recording Date:December 21, 2016 Recording No:2016-0701431 of Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 9 17.Matters contained in that certain document Entitled:Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 16- 02 Otay Ranch Village 3 North Dated:December 13, 2016 Executed by:The City of Chula Vista, California, and HomeFed Village III Master, LLC, a Delaware limited liability company Recording Date:December 21, 2016 Recording No:2016-0701432 of Official Records Reference is hereby made to said document for full particulars. 18.Matters contained in that certain document Entitled:Storm Water Management Facilities Maintenance Agreement with Grant of Access and Covenants (Otay Ranch Village 3 Rough Grading/Drawing No. 16026/Work Order No. OR-3001G) Dated:November 28, 2016 Executed by:HomeFed Otay Land III, LLC, a Delaware limited liability company, and the City of Chula Vista, a municipal corporation Recording Date:December 21, 2016 Recording No:2016-0701433 of Official Records Reference is hereby made to said document for full particulars. 19.Matters contained in that certain document Entitled:Basin Maintenance Agreement for Otay Ranch Village 3 Dated:December 06, 2016 Executed by:HomeFed Village III Master, LLC, HomeFed Otay Land II, LLC, and the City of Chula Vista, a California Municipal Corporation Recording Date:December 21, 2016 Recording No:2016-0701434 of Official Records Reference is hereby made to said document for full particulars. 20.Matters contained in that certain document Entitled:Community Purpose Facilities Agreement (Otay Ranch Village Three) Dated:December 06, 2016 Executed by:HomeFed Village III Master, LLC, a Delaware limited liability company, and the City of Chula Vista, a California municipal corporation Recording Date:December 21, 2016 Recording No:2016-0701435 of Official Records Reference is hereby made to said document for full particulars. 21.The terms and provisions contained in the document entitled “Resolution No. 2016-255” recorded January 20, 2017 as Instrument No. 2017-0032051 of Official Records. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 10 22.An agreement, and the terms and conditions as contained therein Dated:March 13, 2017 Executed by:Sweetwater Union High School District and HomeFed Village III Master, LLC, et al. Recording Date:June 19, 2017 Recording No:2017-0274269 of Official Records Reference is hereby made to said document for full particulars. 23.A document entitled “Declaration Establishing Maintenance, Community Events Participation and Cost Sharing Obligations of The Village of Escaya”, dated, October 20, 2017, executed by HomeFed Village III Master, LLC, subject to all the terms, provisions and conditions therein contained, recorded October 23, 2017 as Instrument No. 2017-0492101 of Official Records. 24.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.San Diego Gas and Electric Company Purpose:.Public Utilities, Ingress, Egress Recorded:.December 21, 2017 as Instrument No. 2017-0600107, Official Records Affects:.a portion of said land 25.A document subject to all the terms, provisions and conditions therein contained. Entitled:Declaration of Restrictions Recorded:March 8, 2018 as Instrument No. 2018-0090453, Official Records Reference is hereby made to said document for full particulars. Modification(s) of said covenants, conditions and restrictions Recording Date:July 01, 2020 Recording No:as Instrument No. 2020-0346871 of Official Records 26.A document subject to all the terms, provisions and conditions therein contained. Entitled:Memorandum of Lease Recorded:March 8, 2018 as Instrument No. 2018-0090454, Official Records Reference is hereby made to said document for full particulars. 27.A Deed of Trust to secure an indebtedness in the original amount shown below. Amount:$58,840,000.00 Dated:.February 23, 2018 Trustor:.Village of Escaya Mixed Use, LLC,. a Delaware limited liability company Trustee:.Chicago Title Insurance Company Beneficiary:.ZB, N.A. dba California Bank & Trust Recorded:.March 8, 2018 as Instrument No. 2018-0090455, Official Records PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 11 28.A document subject to all the terms, provisions and conditions therein contained. Entitled:Assignment of Rights Under Covenants, Conditions and Restrictions, Sales Agreements, Permits, and Development Documents Recorded:March 8, 2018 as Instrument No. 2018-0090456, Official Records Reference is hereby made to said document for full particulars. 29.A document subject to all the terms, provisions and conditions therein contained. Entitled:Assignment, Recognition, Non-Disturbance and Attornment Agreement Recorded:March 8, 2018 as Instrument No. 2018-0090457, Official Records Reference is hereby made to said document for full particulars. 30.An easement for the purpose shown below and rights incidental thereto as set forth in a document. Granted To:.Cox Communications California, LLC Purpose:.Public Utilities, Ingress, Egress Recorded:.December 20, 2018 as Instrument No. 2018-0522169, Official Records Affects:.a portion of said land 31.A document subject to all the terms, provisions and conditions therein contained. Entitled:Permit for Encroachment in City Right-Of-Way and City Owned Open Space Lot (PE18-0049) Recorded:December 21, 2018 as Instrument No. 2018-0524678, Official Records Reference is hereby made to said document for full particulars. 32.Recitals as shown on that certain map/plat Map No.:Map No. 16353 Which among other things recites: THIS IS MAP OF A RESIDENTIAL CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PURSUANT TO THE SUBDIVISION ACT. THE MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS FOR LOT 1 IS 243 UNITS. THE MAXIMUM NUMBER OF RESIDENTIAL CONDOMINIUM UNITS FOR LOT 3 IS 2 UNITS. THIS IS ALSO A MAP OF A COMMERCIAL CONDOMINIUM PROJECT AS DEFINED IN SECTION 6531 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA AND IS FILED PURSUANT TO THE SUBDIVISION ACT. THE MAXIMUM NUMBER OF COMMERCIAL UNITS FOR LOT 3 IS 3 UNITS Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 12 33.Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on Map/Plat:Map No. 16353 Purpose:Proposed private access, parking and utility Affects:As shown thereon Purpose:Private access Affects:As shown thereon 34.Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date:September 25, 2019 Recording No:as Instrument No. 2019-0423693 of Official Records 35.Matters contained in that certain document Entitled:Permit for Encroachment in City Right-of Way and General Utility and Access Easement (PE19-0074) Recording Date:September 26, 2019 Recording No:as Instrument No. 2019-0426584 of Official Records Reference is hereby made to said document for full particulars. 36.Matters contained in that certain document Entitled:Declaration of Covenants Regarding Methane Monitoring Recording Date:February 27, 2020 Recording No:as Instrument No. 2020-0101577 of Official Records Reference is hereby made to said document for full particulars. 37.The fact that the records of the Secretary of State of the State of California disclose that the corporate status of HomeFed Corporation, general partner of the vestee herein, was surrendered as of July 9, 2019. 38.Water rights, claims or title to water, whether or not disclosed by the public records. 39.Matters which may be disclosed by an inspection and/or by a correct ALTA/ACSM Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU EXCEPTIONS (Continued) CLTA Preliminary Report Form – Modified (11/17/06)Page 13 40.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 14 REQUIREMENTS SECTION 1.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:VILLAGE OF ESCAYA APARTMENTS, LLC, a Delaware limited liability company a)A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b)If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c)If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d)A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e)If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f)If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g)Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. END OF REQUIREMENTS PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00150036-993-SD2-CFU CLTA Preliminary Report Form – Modified (11/17/06)Page 1 INFORMATIONAL NOTES SECTION 1.Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.:644-061-47-00 Fiscal Year:2020-2021 1st Installment:$125,939.70 2nd Installment:$125,939.70 Exemption:$0.00 Code Area:01299 2.None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. 3.The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land multi-family residence properties, known as 1925 Avenida Escaya, located within the city of Chula Vista, California, , to an Extended Coverage Loan Policy. 4.Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 5.Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 6.Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder. END OF INFORMATIONAL NOTES Ken Cyr & Mark Franklin/rp Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire‐fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Chicago Title Company 2365 Northside Drive, Suite 600, San Diego, CA 92108 Phone: (619) 521-3500 ● Fax: (619) 521-3608 Notice of Available Discounts (Rev. 01-15-20)Last Saved: April 22, 2021 by RP MISC0164 (DSI Rev. 03/12/20)Escrow No.: 00150036-993-SD2-CFU Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR – Ticor Title Company of California CTIC – Chicago Title Insurance Company LTC – Lawyer’s Title Company CLTIC – Commonwealth Land Title Insurance Company SLTC – ServiceLink Title Company CTIC – Chicago Title Insurance Company Available Discounts DISASTER LOANS (CTIC, CLTIC, FNTIC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the di saster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. FNF Privacy Statement (Eff. January 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21)Page 1 Order No. 00150036-993-SD2-CFU FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. January 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21)Page 2 Order No. 00150036-993-SD2-CFU to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see “Choices with Your Information” to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an “opt out” request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. January 1, 2021)Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 01/29/21)Page 3 Order No. 00150036-993-SD2-CFU Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF’s Opt Out Page or contact us by phone at (888) 934-3354 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Attachment One – CA (Rev. 05-06-16)Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be 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; Attachment One – CA (Rev. 05-06-16)Page 2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. 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. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 10,000.00 Covered Risk 18:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 19:1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less) $ 25,000.00 Covered Risk 21:1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less) $ 5,000.00 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 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.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 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE {Except as provided in Schedule B - Part II,{ t{or T}his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: Attachment One – CA (Rev. 05-06-16)Page 3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. {PART I {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: 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.} PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:} 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: {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: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. } 7.{Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.} Attachment One – CA (Rev. 05-06-16)Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY – ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of: 1.(a)Any law, ordinance, 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 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 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. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.