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HomeMy WebLinkAbout0015_9_PA 2016-04 - Exhibit H Title ReportCLTA Preliminary Report Form (Rev. 11/06) Order Number: 0625-4588265 Page Number: 1 Updated a gra y First American TQ C -1 - First- — Customer Reference: Order Number: First American Title Company 3400 Central Avenue, Suite 100 Riverside, CA 92506 0625-4588265(gp) Title Officer: Josh Guzman/ Porscha Peterson Phone: (951)787-1762 Fax No.: (866)292-6890 E -Mail: RVTitle@firstam.com Property: 151 Diamond Drive, 2497, 2499, 2501 and 2503 Lakeshore, Drive Lake Elsinore, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms;. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount oflnsurance 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 Exhibit A. Copies 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 exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Page 1 of 29 Order Number: 0625-4588265 Page Number: 2 Dated as of October 27, 2015 at 7:30 A. M. The form of Policy of title insurance contemplated by this report is: To Be Determined 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: JIC-CP DIAMOND DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS TO PARCEL A; CITY OF LAKE ELSINORE, AS TO PARCEL B; JIC-CP DIAMOND DEVELOPMENT, LLC, AS TO PARCELS C AND E THROUGH H AND J; JIC CP DIAMOND DEVELOPMENT, LLC AS TO PARCEL D; 151 DIAMOND PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO PARCEL I; AND CIVIC PARTNERS IDAHO, LLC, A IDAHO LIMITED LIABILITY COMPANY, AS TO PARCEL K AND LEVC GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AS TO PARCEL L The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee as to Parcel(s) A, B, C, D, E, F, G, H, I, J, K and L, an easement as to Parcel(s) L1 The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $370.39, OPEN Penalty: $0.00 Second Installment: $370.39, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No,: 363-161-035-2 Affects: Parcel A General and special taxes and assessments for the fiscal year 2015-2016 are exempt. Affects: Parcel B First American Title Page 2 of 29 Order Number: 0625-4588265 Page Number: 3 a. General and special taxes and assessments For the fisccil'yeair'201:5=?G-1 . First Installment: $4,688.41, OPEN Penalty: $0.00 Second Installment: $4,688.41, OPEN _ Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-161-033-0 Affects: Parcel C 4. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $898.68, OPEN Penalty: $0.00 Second Installment: $898.68, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-161-032-9 Affects: Parcel D 5. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $2,286.54, OPEN Penalty: $0.00 Second Installment: $2,286.54, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-161-031-8 Affects: Parcel E 6. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $2,812.02, OPEN Penalty: $0.00 Second Installment: $2,812.02, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-161-030-7 Affects: Parcel F First American Title Page 3 of 29 Order Number: 0625-4588265 Page Number: 4 Gerferal"arrd-speciaftaxes—ar d as ssrrrent7forttre'ffscal-ye-ar'2011 '201:6'. First Installment: $2,765.74, OPEN Penalty: $0.00 Second Installment: $2,765.74, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-161-029-7 Affects: Parcel G General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $1,950.13, OPEN Penalty: $0.00 Second Installment: $1,950.13, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 363-150-006-2 Affects: Parcel H 9. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $3,450.76, OPEN Penalty: $0.00 Second Installment: $3,450.76, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No,: 363-150-005-1 Affects: Parcel 10. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $3,615.69, OPEN Penalty: $0.00 Second Installment: $3,615.69, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 373-210-037-8 Affects: Portion of Parcel J First American Title Page 4 of 29 Order Number: 0625-4588265 Page Number: 5 it. General -Mid -special taxes andassessments-for the -fiscal year -2Q t --2&t&-- First Installment: $11,703.02, OPEN Penalty: $0.00 Second Installment: $11,703.02, OPEN _ Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 373-210-038-9 Affects: Portion of Parcel J 12. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $7,668.43, OPEN Penalty: $0.00 Second Installment: $7,668.43, OPEN Penalty: $0.00 Tax Rate Area: 005-042 A. P. No.: 373-210-039-0 Affects: Portion of Parcel J 13. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $2,019.81, OPEN Penalty: $0.00 Second Installment: $2,019.81, OPEN Penalty: $0.00 Tax Rate Area: 005-042 A. P. No.: 373-210-043-3 Affects: Portion of Parcel J 14. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $11,379.60, OPEN Penalty: $0.00 Second Installment: $11,379.60, OPEN Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 365-280-022-2 Affects: Portion of Parcel K First American Title Page 5 of 29 Order Number: 0625-4588265 Page Number: 6 Uellems and special MrTMT-Messmeilts for the 'fiscai e i 20-1'5-2016. First Installment: $5,940.94, OPEN Penalty: $0.00 Second Installment: $5,940.941 OPEN Penalty: $0.00 Tax Rate Area: 005-042 A. P. No.: 373-210-041-1 Affects: Portion of Parcel K 16. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $1,042.93, OPEN Penalty: $0.00 Second Installment: $1,042.93, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 373-210-014-7 Affects: Portion of Parcel 4 of Parcel L 17. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $6,565.77, OPEN Penalty: $0.00 Second Installment: $6,565.77, OPEN Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 373-210-020-2 Affects: Parcel 2 of Parcel L 18, General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $23,508.83, OPEN Penalty: $0.00 Second Installment: $23,508.83, OPEN Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 373-210-021-3 Affects: Parcel 3 of Parcel L First American Title Page 6 of 29 Order Number: 0625-4588265 Page Number: 7 . Generai ME speaal taxes ano assessrrien oEric-1=10 W=r 10T5=ZUT6-. First Installment: $148.54, OPEN Penalty: $0.00 Second Installment: $148.54, OPEN Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 373-210-024-6 Affects: Portion of Parcel 6 of Parcel L 20. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $15,027.32, OPEN Penalty: $0.00 Second Installment: $15,027.32, OPEN Penalty: $0.00 Tax Rate Area: 005-026 A. P. No.: 373-210-026-8 Affects: Portion of Parcel 4 of Parcel L 21. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $4,264,88, OPEN Penalty: $0.00 Second Installment: $4,264.88, OPEN Penalty: $0.00 Tax Rate Area: 005-027 A. P, No.: 373-210-027-9 Affects: Portion of Parcel 6 of Parcel L 22. The lien of defaulted taxes for the fiscal year 2013-2014, and any subsequent delinquencies. Tax Rate Area: 005-042 A. P. No.: 373-210-041-1 Amount to redeem: $28,785.92 Valid through: OCTOBER 2015 Amount to redeem: $29,130.07 Valid through: NOVEMBER 2015 Please contact the tax office to verify the payoff amount. Affects: Portion of Parcel K 23. 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: $102.15, DUE Penalty: $0.00 First American Title Page 7 of 29 Order Number: 0625-4588265 Page Number: 8 SRond InMllment: $102, 15, DUE Penalty: $0.00 Tax Rate Area: 005-027 A. P. No.: 053-450-555-2 Affects: Parcel D 24. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 25. The right to enter upon the herein described property to sink wells to establish and maintain pumping plants and to develop water for irrigation and domestic use, with the perpetual right to enter for such purposes; also right of way through and across any portion of said property for surface or underground pipelines, with perpetual right of entry upon said property for the construction, maintenance, renewal and repair of said pipelines; also right of way through and across any portion of said property for the construction of pole lines for transmission of electric power, with perpetual right of entry for the construction, maintenance, renewal and repair of said transmission lines as conveyed to South Elsinore Mutual Water Company, a corporation. 26. An easement over the herein described property for all ditches, pipelines and other apparatus for the distribution of water for domestic and irrigation purposes, in favor of the Temescal Water Company, its successors or assigns; the exact location thereof not being disclosed by the records. 27, A right of way reserved in deed from South Riverside Land and Water Company, a corporation to Temescal Water Company, a corporation, was recorded August 9, 1895 in Book 33 Page 364 of Deeds, records of Riverside County, California, for canal purposes and conveyance of water. (Affects Parcels A, B, C, D, E, F, G, H, I, J and K ) 28. A right of way reserved in deed from Temescal Water Company, to George I. Lamy, recorded June 11, 1908 in Book 263 Page 283 of Deeds, records of Riverside County, California, for existing pipeline, and the right to construct and maintain pipe and ditch lines for conveyance of water. 29. An easement for utilities and incidental purposes, recorded May 25, 1915 in Book 417 of Deeds, Page 153. In Favor of: Elsinore Valley Mutual Water Company, now held by Elsinore Valley Municipal Water Company Affects: As described therein The location of the easement cannot be determined from record information. (Affects Parcel L) First American Title Page 8 of 29 Order Number: 0625-4588265 Page Number: 9 c a declaration Of"owner'ship of excess W,5Cer11 jl1MbTME`S�iuth Elsinore Mutual Water Company, as shown by that certain declaration dated June 18, 1934 and recorded June 20, 1934 in Book 176 Page 293 of Official Records of Riverside County, California, whereas said water company declares itself to be the owner of 600 miners inches constant flow of underground -water -supply -underlying -the -property -herein -described, and -other -property; -said declaration of ownership of underground water right being subject to the right of owners of overlying land to sink wells, develop and use water therefrom, to the extent that the use of said water may be necessary for said owners of said overlying land. 31. The effect of a map purporting to show the land and other property, filed in Book 47, Pages 50 and 51 of Record of Surveys. (Affects Parcels A, B, C, D, E, F, G, H, I, J and K ) 32. Covenants, conditions, restrictions and easements in the document recorded February 19, 1980 as Instrument No. 80-32135 of Official Records, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. 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. The effect of a document entitled "Cancellation of Declaration of Restrictions", recorded September 22, 1980 as Instrument No. 80-172049 of Official Records. (Affects Parcels A, B, C, D, E, F and G) 33. An unrecorded lease dated October 16, 1979, executed by G. C. Properties, Inc., a California Corporation as lessor and Vons Grocery Co., a Delaware Corporation as lessee, as disclosed by a Recording Lease recorded June 4, 1980 as Instrument No. 80-103143 of Official Records. Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. (Affects Parcel L) 34. Covenants, conditions, restrictions and easements in the document recorded June 25, 1980 as Instrument No. 115338 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, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. 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. (Affects Parcel L) First American Title Page 9 of 29 Order Number: 0625-4588265 Page Number: 10 easernellt Ibading dock, trash, baler room and incidental purposes, recorded AugLfst 12, 1980 as Instrument No. 80- 145514 of Official Records. In Favor of: Sav-On Drugs, Inc., a California Corporation Affects: As described therein (Affects Parcel 6 of Parcel L) 36. An easement for utilities and incidental purposes, recorded November 19, 1980 as Instrument No. 80-217086 of Official Records. In Favor of: General Telephone Company of California, a Corporation Affects: As described therein (Affects The Easterly 10.00 feet of Parcels 2 and 3 of Parcel L) 37. An easement for utilities and incidental purposes, recorded December 19, 1980 as Instrument No. 80-238833 of Official Records. In Favor of: Southern California Edison Company, a Corporation Affects: As described therein (Affects Parcel L) 38. An easement for public utilities and incidental purposes, recorded June 23, 1981 as Instrument No. 81-116999 of Official Records. In Favor of: General Telephone Company of California, a corporation Affects: As described therein (Affects Parcel G) 39. An easement for the transmission of electric energy for communication and incidental purposes, recorded June 23, 1981 as Instrument No. 81-117000 of Official Records. In Favor of: General Telephone Company of California, a corporation Affects: As described therein (Affects Parcel F) 40, An easement for pole lines, conduits or underground facilities and incidental purposes, recorded June 23, 1981 as Instrument No. 117009 of Official Records. In Favor of: General Telephone Company of California Affects: As described therein (Affects Parcel C) 41. An easement for public utilities and incidental purposes, recorded July 7, 1981 as Instrument No, 127909 of Official Records. In Favor of: General Telephone Company of California Affects: As described therein (Affects Parcel E) First American Title Page 10 of 29 Order Number: 0625-4588265 Page Number: 11 All F r15GfT L'f} Ur j]U..L' Tlf IL-'S� CUf li)I�1� Lf�S f �!� I" L'r f U I L���dC�l�tTe i c3Tllnl�rdt'1��21i pQl'pQS��, recorded August 18, 1981 as Instrument No. 156777 of Official Records, In Favor of: General Telephone Company of California Affects: As described therein (Affects Parcel D) 43. The terms and provisions contained in the document entitled "Affidavit Relating to Real Property" recorded March 20, 2003 as Instrument No. 03-197516 of Official Records. (Affects Parcels 3 and 4 of Parcel L) 44. The effect of a map purporting to show the land and other property, filed in Book 118, Page 27 of Record of Surveys. (Affects Parcels B, C & D) 45. A deed of trust to secure the performance of an agreement or other obligation, recorded December 30, 2011 as Instrument No. 2011-0579973 of Official Records. Dated: December 22, 2011 Trustor: JIC-CP Diamond Development, LLC Trustee: Chicago Title Company, a California corporation Beneficiary: CP Diamond, LLC Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company (Affects Parcel K) 46. A Deed of Trust to secure an original indebtedness of $444,400.00 recorded June 1, 2012 as Instrument No. 2012-0254132 of Official Records. Dated: May 24, 2012 Trustor: 151 Diamond Properties, LLC, a California Limited Liability Company Trustee: American Securities Company, a corporation Beneficiary: Wells Fargo Bank, National Association First American Title Page 11 of 29 Order Number: 0625-4588265 Page Number: 12 document en a "Lessee's ASSIgnment ot LeasE and Subo-rainatTo-n-recuram ne 1, 7012 a5 Instrument No. 2012-0254133 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust recorded June 1, 2012 as Instrument No. 2012- 0254132 of Official Records. (Affects Parcel I) 47. A Deed of Trust to secure an original indebtedness of $1,000,000.00 recorded April 18, 2013 as Instrument No. 2013-0183933 of Official Records. Dated: April 12, 2013 Trustor: Civic Partners Idaho LLC., an Idaho Limited Liability Company Trustee: EI Monte Investments LLC, a California Limited Liability Company Beneficiary: Danco, Inc., a California Corporation Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company (Affects Parcel K) 48. A Deed of Trust to secure an original indebtedness of $8,350,759,22 recorded AUGUST 27, 2015 as INSTRUMENT NO. 15-382147 of Official Records. Dated: APRIL 30, 2015 Trustor: LEVC GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Trustee: STEWART TITLE COMPANY, A CALIFORNIA CORPORATION Beneficiary: HTH HOLDINGS CORP., A CALIFORNIA CORPORATION Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii, Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company First American Title Page 12 of 29 Order Number: 0625-4588265 Page Number: 13 Affects 49. The fact that the land lies within the boundaries of the Rancho Laguna Redevelopment Project No. II, as disclosed -by -various documents -of -record.- - - 50. Any easements and/or servitudes affecting easement parcel(s) L1 herein described. (Affects Parcel L) 51. Water rights, claims or title to water, whether or not shown by the public records. 52- Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. (Affects Parcels B and L) 53. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 54. With respect to JIC-CP DIAMOND DEVELOPMENT, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Affects: A, C AND E THROUGH H AND J; First American Title Page 13 of 29 Order Number: 0625-4588265 Page Number: 14 77. VVIUI ft:,P LL LU J1�, L -t- U1H1.1V14U UCVCLVI-1"I014 I, LLL. , d III911MU 11OUIRLy LUII11JOHY. a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Affects: D 56. With respect to 151 DIAMOND PROPERTIES, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Affects: First American Title Page 14 of 29 Order Number: 0625-4588265 Page Number: 15 57. With respect to CIVIC PARTNERS IDAHO, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Affects 58. With respect to LEVC GROUP LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require Affects; First American Title Page 15 of 29 Order Number: 0625-4588265 Page Number: 16 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 151 Diamond Drive, Lake Elsinore, California. (Affects I) 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2497 East Lakeshore Drive, Lake Elsinore, California. (Affects Parcel 6 of Parcel L) 3. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2499 East Lakeshore Drive, Lake Elsinore, California. (Affects Parcel 4 of Parcel L) 4. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2501 East Lakeshore Drive, Lake Elsinore, California. (Affects Parcel 3 of Parcel L) 5. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2503 East Lakeshore Drive, Lake Elsinore, California. (Affects Parcel 2 of Parcel L) 6. The property covered by this report is vacant land. (Affects A, B, C, D, E, F, G, H, J and K) 7. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: First American Title Page 16 of 29 Order Number: 0625-4588265 Page Number: 17 A document recorded APRIL 16, 2015 as INsrRuMENT NO. 15---152541-b ff c a" e-cnr 5. From: PHYLISS L., LLC, A CALIFORNIA LIMITED LIABILITY COMPANY To: JIC CP DIAMOND DEVELOPMENT, LLC (Affects D) A document recorded SEPTEMBER 4, 2015 as INSTRUMENT NO. 15-398712 of Official Records. From: HILL MASONRY, A CALIFORNIA CORPORATION To: JIC-CP DIAMOND DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (Affects A) 8. We find no open deeds of trust. Escrow please confirm before closing. (Affects A, B, C, D, E, F, G, H and J) The 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. First American Title Page 17 of 29 Order Number: 0625-4588265 Page Number: 18 LEGAL DESCRIPTION Real property in the City of Lake Elsinore, County of Riverside, State of California, described as follows: PARCEL A: LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: THE NORTHERLY 60 FEET AND THAT PORTION LYING EASTERLY OF THE SOUTHERLY PROLONGATION OF THE WESTERLY RIGHT OF WAY LINE OF DIAMOND DRIVE, FORMERLY KNOWN AS KUHNS STREET (60 FEET WIDE) AS SHOWN ON SAID HEALDS FIRST ADDITION TO ELSINORE; SAID SOUTHERLY PROLONGATION TERMINATING AT THE SOUTHERLY LINE OF SAID LOT 1, BLOCK 6 OF SAID HEALDS FIRST ADDITION TO ELSINORE. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL B: THE NORTHERLY 60 FEET OF LOT 1, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. rl_1Giy:11til LOTS 2, 3 AND 4 AND THE SOUTHERLY 10 FEET OF LOT 5, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL D: LOT 6 AND THE SOUTHERLY 50 FEET OF LOT 7 AND THE NORTHERLY 40 FEET OF LOT 5, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF SAID COUNTY. 2 -An., 0�0: $ First American Title Page 18 of 29 Order Number: 0625-4588265 Page Number: 19 LOTS 8 AND 9 AND THE SOUTHERLY 30 FEET OF LOT 10 AND THE NORTHERLY 10 FEET OF LOT 7, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO, 135636 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL F: LOTS 11 AND 12 AND THE SOUTHERLY 2 FEET OF LOT 13 AND THE NORTHERLY 20 FEET OF LOT 10, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL G: LOTS 14 AND 15 AND THE NORTHERLY 40 FEET OF LOT 13, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. SAID LEGAL DESCRIPTION IS PURSUANT TO CERTIFICATE OF COMPLIANCE RECORDED JULY 28, 1980 AS INSTRUMENT NO. 135636 OF OFFICIAL RECORDS OF SAID COUNTY. PARCEL H: LOTS 16 AND 17, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL I: LOTS 18, 19, 20, 21 AND 22, BLOCK 6 OF HEALDS FIRST ADDITION TO ELSINORE, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE 308 AND IN BOOK 4, PAGE 205 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. PARCELJ PARCEL 1 OF PARCEL MAP 27852, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES 19 THROUGH 24, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL K: PARCEL 4 OF PARCEL MAP 27852, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 182, PAGES 19 THROUGH 24, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, First American Title Page 19 of 29 Order Number: 0625-4588265 Page Number: 20 PARCEL L: PARCELS 2, 3, 4 AND 6, IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP NO. 14989, ON FILE IN BOOK 74, PAGE(S) 90 AND 91 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL L1: EASEMENTS FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES CONTAINED IN A DOCUMENT ENTITLED "DECLARATION OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS, RECORDED JUNE 25, 1980 AS INSTRUMENT NO. 115338 RECORDS OF RIVERSIDE COUNTY. APN'S: 363-161-035-2 (Affects: Parcel A) 363-161-034-1 (Affects: Parcel B) 363-161-033-0 (Affects: Parcel C) 363-161-032-9 (Affects: Parcel D) 363-161-031-8 (Affects: Parcel E) 363-161-030-7 (Affects: Parcel F) 363-161-029-7 (Affects: Parcel G) 363-150-006-2 (Affects: Parcel H) 363-150-005-1 (Affects: Parcel I) 373-210-037-8 (Affects: Portion of Parcel J) 373-210-038-9 (Affects: Portion of Parcel J) 373-210-039-0 (Affects: Portion of Parcel J) 373-210-043-3 (Affects: Portion of Parcel J) 365-280-022-2 (Affects: Portion of Parcel K) 373-210-041-1 (Affects: Portion of Parcel K) 373-210-014-7 (Affects: Portion of Parcel 4 of Parcel L) 373-210-020-2 (Affects: Parcel 2 of Parcel L) 373-210-021-3 (Affects: Parcel 3 of Parcel L) 373-210-024-6 (Affects: Portion of Parcel 6 of Parcel L) 373-210-026-8 (Affects: Portion of Parcel 4 of Parcel L) 373-210-027-9 (Affects: Portion of Parcel 6 of Parcel L) First American Title Page 20 of 29 5 :Z 6d f O 1 BZ 6d iC!C M° tj` SBC H9 }1 O 53C 15� [: 6d Order Number: 0625-4588265 Page Number: 21 • l 3�ce � s s � u•ti n eta 3 UA 111 X50 � w � w Y V- I I I , LLJ ' ar !I E�B ; 4. a� LE o sE w Y >l add and n avd and f t l f v 133a1S- a �' °L n 1 �b ■ ,L } s Z 6b v• i'w avd aOd R ' wl I- - .. . 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ZE it B +i 13<32iJ S�—L n<- �I�1�i118 t s lh I z I x L£ e 1 1 c x- GL Zb K � � ■_ - 0E ll Y - - 1 aVd and Z 90 add 2 Q tl - Q o+ 9 1 a - @11 -g -! d• First American Title Page 21 of 29 Order Number: 0625-4588265 Page Number: 22 NOTICE Section 12413.1 of the California 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 Title Page 22 of 29 Order Number: 0625-4588265 Page Number: 23 First American Title Company ti 3400 Central Avenue, Suite 100 s Riverside, CA 92506 First American .title (951)787-1700 First American Title Page 23 of 29 Order Number: 0625-4588265 Page Number: 24 WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub -Escrow Deposits Riverside County, California PAYABLE TO: First American Title Company BANK: First American Trust, FSB ADDRESS: 5 First American Way, Santa Ana, CA 92707 ACCOUNT NO: 3004460000 ROUTING NUMBER: 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 151 Diamond Drive, 2497, 2499, 2501 and 2503 Lakeshore, Drive, Lake Elsinore, CA FILE NUMBER' 0625-4588265 (gp) ATTENTION: Josh Guzman/ Porscha Peterson PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Josh Guzman/ Porscha Peterson AT (951)787- 1762 OR RVTitle@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON -U.S. BANK ADDITIONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDITIONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. First American Title Page 24 of 29 Order Number: 0625-4588265 Page Number: 25 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule 3, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: (a) building; (d) improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17, 4, Risks: (a) that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; (b) that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; (c) that result in no loss to You; or (d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. Failure to pay value for Your Title. 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. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) _ $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule 3, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: First American Title Page 25 of 29 Order Number: 0625-4588265 Page Number: 26 j (a) a notice of exercising the right appears in the publ!C reCArd5 on the Foxy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 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 dppedred in Lhe public recurds (c) that result in no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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 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 claims thereof, not shown by the Public Records. FlrstAmerlcan Title Page 26 of 29 Order Number: 0625-4588265 Page Number: 27 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 riqht to a lien for services, labor or material not shown by the public records. 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 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: First American Title Page 27 of 29 Order Number: 0625-4588265 Page Number: 28 a n , err m bi'�i OVr;i7T[Is�n g fa vn Iffg-1 o Whg tTtsnfidIn"rld-zmIngYrc,,tfttlW, rMvIl;j In , 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 rotection;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. First American Title Page 28 of 29 Order Number: 0625-4588265 Page Number: 29 First American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information_ We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy 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. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies, Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you, Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information; Information Obtained Through Our Web Site First American Financial Corporation 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 First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. Fnliun,cum 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 experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy, Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy- We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner, Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50 -PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) First American Title Page 29 of 29