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HomeMy WebLinkAboutPA2019-034PA2019-034 Batch 4357192 Confirmation Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder RECORDING REQUESlED BY: 11111111111111111111111111111111111111111111111111111111111111111111111111112. 00 Community Development Department Planning Division 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 AND WHEN RECORDED MAIL TO: Community Development Department Planning Division 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 * $ R O O 1 0 7 0 4 6 6 9 $ * 2019000084414 3:33 pm 03/18/19 217 406C17 2 0.00 0.00 0.00 0.00 3.00 0.00 0.000.000.00 3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF COMPLIANCE NO. CO2019-003 (PA2019-034) California Government Code Section No. 66499.35(c) CITY OF NEWPORT BEACH Owner: 4313 Channel LLC, a California limited liability company Site Address: 4313 Channel Place City of Newport Beach, County of Orange Assessor Parcel Number: 423-295-01 Number of parcels for which this Certificate of Compliance is being issued and recorded: One (1) LEGAL DESCRIPTION LOT 7 AND THE NORTHEASTERLY 4.42 FEET OF LOT 6 IN BLOCK 143 OF CANAL SECTION, NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 4 PAGE 98 OF MISCELLANEOUS MAPS, IN TH EOFFICE OF THE' COUNTY RECORDER OF SAID COUNTY. Tmplt: 09-10-18 https://gs.secure-recording.com/Batch/Confirmation/4357192 03/18/2019 PA2019-034 Batch 4357192 Confirmation 4313 Channel Place Page: 2 of2 CERTIFICATE OF COMPLIANCE California Government Code Section No. 66499.35(c) CONTINUATION Newport Beach Certificate of Compliance No. CO2019-003 (PA2019-034) Notice: This document certifies compliance with the State Subdivision Map Act, specifically Government Code 66499.35, and the local subdivision ordinance enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. City of Newpo77 Da~-£?----- Seimone Jurjis, PE, CBO Community· Development Director ACKNOWLEDGEMENT BY NOTARY PUBLIC March 18, 2019 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On ):1tu:Cb, l </ , 20l'f, before me, L{\VVL"Q\.,e.~ N~ 'PvL{;, J)O,JI t Cl s . L-c...-c... I . • personally appeared (Place Notary Seal Above) Tq,k: 0!1-10-18 who proved to me on the basis of satisfactory evidence to be the person~ose name'8)"' is/at€ subscribed to the within instrument and acknowledged to me that he/sile/1:hey- executed the same in his/~uthorized capacity~}. and that by his/b,irltheirsignaturets,on the instrument the perso°'9r. or the entity upon behalf of which the perso~ acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. https://gs.secure-recording.com/Batch/Confirmation/4357192 03/18/2019 PA2019-034 Certificate of Compliance Community Development Department Planning Division 100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone/ (949)644-3229 Facsimile www.newportbeachca.gov Property Owner(s) Name 4313 Channel LLC Address 13880 Harbor Blvd. Suite 6D Email Henry@royalhomesdev.com Site/Pro·ect Address 4313 Channel Place Newport Beach CA 92663 City, State Garden Grove, CA Phone No. 714-653-8066 I FaxNo. Assessor's Parcel No. 423 2~5 01 Along with the above portion of this form completely filled out, please submit the following: I Zip Code 92843 1. A legible copy of the latest Recorded Grant Deed or Contract of Sale showing current ownership, include the Title Insurance Policy if available. 2. A copy of the latest Tax Bill and Assessor's Map. 3. A copy of any and all documents supporting original creation of the parcel (e.g. Grant Deeds, Contracts of Sale, Records of Survey, Building Permits, or other documents). 4. If the project is improved, include legible copies of: • A Plot P Ian, fully dimensioned on an 8½ " x 11" sheet showing entire parcel, al I improvements, and parcel area in square feet. • A Building Permit for a Principal Building on the Property. 5. An application fee in the amount of $310 ($298 + OC Recorders Fee $12) payable to the City of Newport Beach. Please note parcels not in compliance with Subdivision or Zoning regulations may incur additional costs. Do Not Complete Application Below This Line -For Office Use Only PA No. ~2cP 1~ _ <j)Jy CO No. CDZ©1~,, il)tD3 DNo. 02'1J/\ "\-iVCPq ~ Pin Chck No. z.g~ 1-_ 2JP l '? Remarks: Submitted: 2. 1 1 ~ 2, ,,2.,(1) Planner DL I ext. 3 z z·,;- Fee Paid: s ~ $12' ' '2)\V Date Mailed Form of Pay~ent: Check No. Date of OR ;. Check ZIO 1l11-Credit Card $ '2f) Receipt No. OR No. ¢(f'(bb 1'P'-tl.'01- C:\Usersltmackinen\AppData\Local\Microsofl\Wlndows\Temporary Internet Files\Content. Outlook\FOG83CVS\App.docx Updated 03111/13 PA2019-034 RECORDING REQUESTED BY: PREMIUM TITLE OF CALIFORNIA WHEN RECORDED, MAIL TAX STATEMENT TO: 4313 Channel LLC 13880 Harbor Blvd Suite 6D Garden Grove, CA 92843 ASSESSOR'S PARCEL NO.: 423-295-01 ESCROW NO.: COM-1812-CA-3490764 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder I IIIII I I IIIIII Ill lllll Ill II lllll lllll lllll lllll lllll lllll lllll 1111111111111 11 o. 00 * $ R O O 1 0 6 0 0 9 8 9 $ * 2019000023605 1 :25 pm 01/24/19 47 NC-5 G02 3 0.00 0.00 20.00 0.00 6.00 0.00 0.000.0075.00 3.00 lHIS SPACE FOR RECORDER'S USE ONLY: GRANT DEED This conveyance is a bona fide gift and the grantor received nothing in return. R& T 11911" THE UNDERSIGNED GRANTOR(S) DECLARE THAT THE DOCUMENTARY TRANSFER TAX IS: $0.00 County, $0.0 City _ computed on full value of property conveyed, or _ computed on full value less value of liens or encumbrances remaining thereon at the time of sale. _ unincorporated area _X_ City of Newport Beach FOR CONSIDERATION of $0.00, receipt of which is hereby acknowledged, Van Duong, a married woman as her sole and separate property HEREBY GRANT(S) to: 4313 Channel LLC, a California limited liability company All that real property situated in the City of Newport Beach, County of Orange, State of CA, described as: SEE EXHIBIT «ONE" ATTACHED FOR COMPLETE LEGALDESCRIPTION Commonly Known as: 4313 Channel Place, Newport Beach, CA 92663 PA2019-034 •'.: . <C Dated: / J1-Jp J1 Name: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF COUNTY OF ..._.~~t-1....:;,IA------J oncJa11va, Notary Public, p rsonally appeared -J,J..-=.L..L-...a..::-1.1:..1.,L.L..L~....;;..--~------ who proved to me on the basis of satisfactoru~idence to be the person~' whose name~Nlire subscribed to the within lnstru~e and acknowledged to me that he~they executed the same in hi~heir authorized capacit~, and that by hi er, heir signaturej.'5 on the instrument the person~. or the entity upon behalf of which the person~ acted, execute the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ) S~n,w,e ~fi~ (SEAL) MAIL TAX STATEMENTS AS DIRECTED ABOVE PA2019-034 11,.-u .. ,'; . .: ,· ,, EXHIBIT ONE THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 7 AND THE NORTHEASTERLY 4.42 FEET OF LOT 6 IN BLOCK 143 OF CANAL SECTION, NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 4 PAGE 98 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES LYING IN OR UNDER SAID LAND, AS RESERVED IN THE DEED FROM ERNEST J. DRAHEIM AND GLADYS A. DRAHEIM, HUSBAND AND WIFE, RECORDED SEPTEMBER 3, 1948 IN BOOK 1696 PAGE 473, OFFICIAL RECORDS. PA2019-034 Shari L. Freidenrich, CPA Orange County 11:easurer -Tax Collector P.O. BOX 1436 • SllnlaAna, CA92702·1438 625 N. Ross Street, Bufldlng 11, Room 058, Sanla Ana omce HPUrs: e:00 AM-5:00 PM Munday. Friday Phone Hours: 9:00AM·5:00 PM (714) 834-3411 ocgov.comloctaxblff . INTERNET COPY 2018-19 SECURED PROPERTY TAX Bill For Fiscal Year Beginning JUIY 1, 2018 and Ending June 30, 2019 0000273-0000273 PDF!l-739982 OC11l26 ASSESSEE NAME AND ADDRESS ARE NOT AVAILABLE ONLINE PER CA GOV CODE §6264..21 OWNER OF RECQRQ A$ OF 12 01 AM JANUAHY 1, 2018 DID YOU KNOW? Major construction has eliminated close parking to our office • please pay onllnel 4313 CHANNEL PL NEWPORT BEACH J ·iiMFFME!Mi8P.#MMFihdiffH!F-lllll ESCRIPTION FULL VAL E COMPUTED LAND 290,609 TAX IMPROVEMENTS· BUILDING 31,648 TOTAL VALUES: 322,057 322,067 3,740.30 3,740.30 New owner BIiiing rl@l§OO@tilW,,N_ ~it_J:_~,_:!!_1;_ . •< _ 423.29s-01 Jltllflt.:_ :____:____,_ ASSESSEE: ASSESSEE NAME AND ADDRESS ARE NOT AVAILABLE ONLINE PER CA GOV CODE §6254.21 Make checks payable to: County of Orange COUNTY OF ORANGE ATTN: TREASURER-TAX COLLECTOR P.O. Box 1438 Santa Ana, CA 92702-1438 INTERNET COPY PHONE NO, (800)273-5167 7.48 (800)273-5167 1.92 (866)807-11884 11,60 (714)593-7281 335.00 3,740.30 ORANGE COUNTY 2018-19 PROPERTY TAX Pay l8Kes onnna by eCheck or by credit card NEW OWNER BILL eCheck !~I tlD..GDsl ■ ~ -VISA· 2.3% FeeMln.$3.95 Scan the code to view and pay ocgov.com/octaxblll your specific parcel online Second Installment £i1 DUE FEB 1, 2019 ~ AMOUNT DUE AFTER 4110/19 (INCLUDES 10% PENAL TY+ $23 cosn $2,080.16 □1423295 □1 □□0 □3201802041019 □□0 □187015 □ 7 □1190 □□0208 □16 □0 □□0 □□□0 □0 □00 □09 DETACH AND MAIL STUB WITH 1ST INSTALLMENT IN ENVELOPE PROVIDED WAITE YOUR PARCEL NO. ON YOUR CMECK 423-295-01 $3,740.30 Al)SESSEE: ASSESSEE NAME AND ADDRESS ARE NOT AVAILABLE ONLINE PER CA GOV CODE §6254.21 Make checks payable to: County of Orange COUNTY OF ORANGE ATTN: TREASURER-TAX COLLECTOR P.O. Box 1438 Santa Ana. CA 92702-1438 INTERNET COPY ORANGE COUNTY 2018-19 PROPERTY TAX Pay taxes onllne by •Cheak or by aradll eard NEW OWNER BILL eCheck I~ ~ ■ ~ C/IVISA·2.3%FeeMln.$3.95 Scan the code to view and pay oogov.com/ootexblll your specific parcel onllne First Installment D DUE NOV 1, 2018 AMOUNT DUE AFTER 12/10118 (INCLUDES 10'/4 PENALTY) $2,057.16 □14232950100 □03201801121018000018701500000000 □020571600000000000000 □01 PA2019-034 THIS MAP WAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT. PURPOSES ONLY. THE ASSESSOR MAKES Na GUARANTEE AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY FOR OTHER USES. NOT TO BE REPROOIJCED. All RIGHTS RESERVED. (C) COPYRIGHT ORANGE COUNTY ASSESSOR 2018 L MARCH 1981 a"? ~ ,. BALBOA .. 424-41 CANAL SECTION PARCEL MAP PARCEL MAP POR. SEC. 28 & 29, T 6 S, R 10 W 03 AVENUE ,! ' ' ,. ' ' ' ' ~ RIVER " @ ,M,g.J.!f'~g.o.10 ~ PAR.®1341-21 " @) 0-.. = 11 ___ ,,__; __ t "-~ ~ Cl) -"© -~ @._it ____ .. It! 13 ,. ' -t ' 65 ~ 0 @ .,... 85' 0 WATERWAY THE RIYO ALTO 4 Bl..K. @ ~- 7 LINE ::s 30• I~• ,.. 11 .ilo" I I 2421 I I (v ~ "'I I I 1-· AVENUE~ ,d ~ ® 8 t ® ~ ' ® tt ~ © ® ~ il _l ( BAY) BOULEVARD e 11 1 I M.M. 4-9 P.M. 23-32, 175-49, 176-13 P.M. 341-21, 350-29, 391-44 02 11 l I " I NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES I I I I ASSESSOR'S MAP BOOK 423 PAGE 29 COUNTY OF ORANGE 1:1 so• :so• 0 r<) S:i ~ ~ so· - I D PA2019-034 POLICY NO. LP-13-CAlOl0-6570017 LOAN POLICY OF TITLE INSURANCE Issued By WESTCOR LAND TITLE INSURANCE COMPANY Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 17 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE !!, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the "Company") insures as of Date of Policy and, to the extent stated in Covered Risks 11, 13, and 14~ after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a} A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A. Issued By: Premium Title of California, Inc. 1500 Palma Drive, Suite 238 Ventura, CA 93003 (Schwery, Patrick J) LP-13 ALTA 6-17-06 Loan Policy WESTCOR LAND TITLE INSURANCE COMPANY (WL TIC Edition 3/13/08) PA2019-034 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. The invalidity or unenforceability of the lien of the Insured Mortgage upon the Title. This Covered Risk includes but is not limited to insurance against loss from any of the following impairing the lien of the Insured Mortgage (a) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (b) failure of any person or Entity to have authorized a transfer or conveyance; (c) the Insured Mortgage not being properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (d) failure to perform those acts necessary to create a document by electronic means authorized by law; (e) a document executed under a falsified, expired, or otherwise invalid power of attorney; (f) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (g) a defective judicial or administrative proceeding. 10. The lack of priority of the lien of the Insured Mortgage upon the Title over any other lien or encumbrance. 11. The lack of priority of the lien of the Insured Mortgage upon the Title (a) 9s security for each and every advance of proceeds of the loan secured by the Insured Mortgage over any statutory lien for services, labor, or material arising from construction of an improvement or work related to the Land when the improvement or work is either (i) contracted for or commenced on or before Date of Policy; or (ii) contracted for, commenced, or continued after Date of Policy if the construction is financed, in whole or in part, by proceeds of the loan secured by the Insured Mortgage that the Insured has advanced or is obligated on Date of Policy to advance; and (b) over the lien of any assessments for street improvements under construction or completed at Date of Policy. 12. The invalidity or unenforceability of any assignment of the Insured Mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the Insured Mortgage in the named Insured assignee free and clear of all liens. · 13. The invalidity, unenforceability, lack of priority, or avoidance of the lien of the Insured Mortgage upon the Title (a) resulting from the avoidance in whole or in part, or from a court order providing an alternative remedy, of any transfer of-a11-or--any-part-ofihe1:itle-to-orany-intere--st-in-the-1:anc:1-o-c-curring prior totl'ie transaction creatingtl'ie lien of t-=-e~-------1 Insured Mortgage because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the Insured Mortgage constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 14. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 13 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the Insured Mortgage in the Public Records. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. 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. · PA2019-034 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 ). CONDITIONS .1. DEFINITION OF TERMS the lien of the Insured Mortgage before the acquisition of the estate or interest in the Title; The following terms when used in this policy mean: (viii) the amounts to pay taxes and insurance; and (a) "Amount of Insurance": The amount stated in (ix) the reasonable amounts expended to prevent Schedule A, as may be increased or decreased by deterioration of improvements; endorsement to this policy, increased by Section 8(b) but the Indebtedness is reduced by the total of all or decreased by Section 10 of these Conditions. payments and by any amount forgiven by an Insured. ___ __,b.)-.'.'.Date_aLeolicy~:_The_date_designated-as.-'.'Date_o,f,__ ---(e)-"lnsurea": 1 he Insured named in"Schedule A-:------, Policy" in Schedule A. (i) The term "Insured" also includes (c) "Entity": A corporation, partnership, trust, limited (A} the owner of the Indebtedness and each liability company, or other similar legal entity. successor in ownership of the Indebtedness, (d} "Indebtedness": The obligation secured by the whether the owner or successor owns the Insured Mortgage including one evidenced by Indebtedness for its own account or as a electronic means authorized by law, and if that trustee or other fiduciary, except a successor obligation is the payment of a debt, the Indebtedness who is an obliger under the provisions of is the sum of Section 12( c} of these Conditions; (i} the amount of the principal disbursed as of Date (B} the person or Entity who has "control" of the of Policy; "transferable record," if the Indebtedness is (ii) the amount of the principal disbursed subsequent evidenced by a "transferable record," as to Date of Policy; these terms are defined by applicable (iii} the construction loan advances made electronic transactions law; subsequent to Date of Policy for the purpose of (C} successors to an Insured by dissolution, financing in whole or in part the construction of merger, consolidation, distribution, or an improvement to the Land or related to the Land that the Insured was and continued to be reorganization; obligated to advance at Date of Policy and at the (D) successors to an Insured by its conversion to another kind of Entity; date of the advance; (E} a grantee of an Insured under a deed (iv} interest on th e loan; delivered without payment of actual valuable (v} the prepayment premiums, exit fees, and other consideration conveying the Title similar fees or penalties allowed by law; (1} if the stock, shares, memberships, or (vi} the expenses of foreclosure and any other costs other equity interests of the grantee of enforcement; are wholly-owned by the named (vii) the amounts advanced to assure compliance Insured, with laws or to protect the lien or the priority of (2) if the grantee wholly owns the named Insured, or PA2019-034 (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity; (F) any government agency or instrumentality that is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the Indebtedness secured by the Insured Mortgage, or any part of it, whether named as an Insured or not; (ii) With regard to (A), (B), (C), (D) , and (E) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, unless the successor acquired the Indebtedness as a purchaser for value without Knowledge of the asserted defect, lien, encumbrance, or other matter insured against by this policy. (f) "Insured Claimant": An Insured claiming loss or damage. · (g) "Insured Mortgage": The Mortgage described in paragraph 4 of Schedule A. (h) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (i) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate,_or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. 0) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (k) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (I) "Title": The estate or interest described in Schedule A. (m) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title or a prospective purchaser of the Insured Mortgage to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured after acquisition of the Title by an Insured or after conveyance by an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall. notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured of any claim of title or interest that is adverse to the Title or the lien of the Insured Mortgage, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title or the lien of the Insured Mortgage, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title or the lien of the Insured Mortgage, as insured, or to PA2019-034 prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title, the lien of the Insured Mortgage, or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy; that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the . custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay;or (ii) To purchase the Indebtedness for the amount of the Indebtedness on the date of purchase, · together With any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of purchase and that the Company is obligated to pay. When the Company purchases the Indebtedness, the Insured shall transfer, assign, and convey to the Company the Indebtedness and the Insured Mortgage, together with any collateral security. Upon the exercise by the Company of either of the options provided for in subsections (a)(i) or (ii), all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in those subsections, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the PA2019-034 payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the least of (i) the Amount of Insurance, (ii) the Indebtedness, · (iii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, or (iv) if a government agency or instrumentality is the Insured Claimant, the amount it paid in the acquisition of the Title or the Insured Mortgage in satisfaction of its insurance contract or guaranty. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title or the lien of the Insured Mortgage, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In the event the Insured has acquired the Title in the manner described in Section 2 of these Conditions or has conveyed the Title, then the extent of liability of the Company shall continue as set forth in Section 8(a) of these Conditions. (d) In addition to the extent of liability under (a), (b), and (c), the Company will also pay those costs, attorneys' . fees, and expenses incurred iri accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, or establishes the lien of the Insured Mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title or to the lien of the Insured Mortgage, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY (a) All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. However, any payments made prior to the acquisition of Title as provided in Section 2 of these Conditions shall not reduce the Amount of Insurance afforded under this policy except to the extent that the payments reduce the Indebtedness. (b) The voluntary satisfaction or release of the Insured Mortgage shall terminate all liability of the Company except as provided in Section 2 of these Conditions. 11. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 12. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) The Company's Right to Recover Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title or Insured ·Mortgage and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid. by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The lnsured's Rights and Limitations (i) The owner of the Indebtedness may release or substitute the personal liability of any debtor or guarantor, extend or otherwise modify the terms of payment, release a portion of the Title from the lien of the Insured Mortgage, or release any collateral security for the Indebtedness, if it does not affect the enforceability or priority of the lien of the Insured Mortgage. (ii) If the Insured exercises a right provided in (b)(i), but has Knowledge of any claim adverse to the Title or the lien of the Insured Mortgage insured against by this policy, the Company shall be required to pay only that part of any losses insured against by this policy that shall exceed the amount, if any, lost to the Company by PA2019-034 reason of the impairment by the Insured Claimant of the Company's right of subrogation. (c) The Company's Rights Against Noninsured Obligors The Company's right of subrogation includes the lnsured's rights against non-insured obligors including the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. The Company's right of subrogation shall not be avoided by acquisition of the Insured Mortgage by an obliger (except an obliger described in Section 1 (e)(i)(F) of these Conditions) who acquires the Insured Mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond, and the obliger will not be an Insured under this policy. 13. ARBITRATION Either the Company or the Insured may demand· that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. 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 in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or lien of the Insured Mortgage or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 15. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 16. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title or the lien of the Insured Mortgage that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 17. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. PA2019-034 AMERICAN LAND TITLE ASSOCIATION Loan Policy 6-17-06 WESTCOR LAND TITLE INSURANCE COMPANY LOAN POLICY OF TITLE INSURANCE HOME OFFICE 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. PA2019-034 AL TA 6-17-06 LOAN POLICY SCHEDULE A · Name .and Address of Title Insurance Company: Westcor Land Title Insurance Company, 875 Concourse Parkway South, Suite 200, Maitland, FL 32751. State: California County: Orange Address Reference: 4313 Channel Place, Newport Beach, CA 92663 File Number: Policy Number: COM-1812-CA-3490764 LP-13-CA 1010-6570017 Simultaneous #: 1. Name of Insured: Loan No.: 10310 Date of Policy & Effective Time: January 24, 2019 at 1:25PM Reinsurance #: Amount of Insurance: $1,712,500.00 5 Arch Funding Corp., a California Corporation, Its Successors and/or Assigns, as their interest may appear 2. The estate or interest in the Land that is encumbered by the Insured Mortgage is: FEE SIMPLE 3. Title is vested in: 4313 Channel LLC, a California limited liability company organized and existing undtr the laws of California. 4. The Insured Mortgage and its assignments, if any, are described as follows: a. Terms and provisions as set forth in the Deed of Trust from 4313 Channel LLC, a California limited liability company organized and existing under the laws of California. to 5 ARCH FUNDING CORP., a California Corporation, as beneficiary, Premium Title as Trustee, dated January 8, 2019, in the amount of $1,370,000.00, along with any and all assignments, modifications or any other attachment thereto Recorded on. January 24, 2019 with Instrument# 2019000023606 in Official records of Orange County, California. b. An assignment of the beneficial interest under said deed of trust which names As Assignee: 5AIF Willow, LLC Recorded: January 24, 2019 with Instrument# 2019000023607 in Official records of Orange County, California 5. The Land referred to in this policy is described as follows: THE FOLLOWING DESCRIBED REAL PROPERTY IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 7 AND THE NORTHEASTERLY 4.42 FEET OF LOT 6 IN BLOCK 143 OF CANAL SECTION, NEWPORT BEACH, AS PER MAP RECORDED IN BOOK 4 PAGE 98 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES LYING IN OR UNDER SAID LAND, AS RESERVED IN THE DEED FROM ERNEST J. DRAHEIM AND GLADYS A. DRAHEIM, HUSBAND AND WIFE, RECORDED SEPTEMBER 3, 1948 IN BOOK 1696 PAGE 473, OFFICIAL RECORDS. LP-13S / ALTA 6-17-06 Loan Policy Schedule A and B (WL TIC Edition 9/18/07) PA2019-034 AL TA 6-17-06 LOAN POLICY 6. This policy incorporates by reference those ALT A endorsements selected below: __ 4-06(Condominium) 4.1-06 __ 5-06(Planned Unit Development) 5.1-06 __ 6-06(Variable Rate) __ 6.2-06(Variable Rate -Negative Amortization) _X_ 8.1-06(Environmental Protection Lien) Paragraph b refers to the following state statute(s): _X_ 9-06(Restrictions, Encroachments, Minerals) __ 13.1-06 (Leasehold Loan) __ 14-06 (Future Advance-Priority) __ 14.1-06(Future Advance-Knowledge) __ 14.3-06(FutureAdvance Reverse Mortgage) _X_ 22-06 (Location) The type of improvement is a a one-to-four family residential structure , and the street address is as shown above. Issued By &)LL? (Schwery, Patrick J) Authorized Signatory Note: This policy is of no force and effect unless Schedule A and Schedule B are attached together with any added pages incorporated by reference. LP-13S / ALTA 6-17-06 Loan Policy Schedule A and B (WL TIC Edition 9/18/07) PA2019-034 AL TA 6-17-06 LOAN POLICY SCHEDULE B-PART 1 Agent#: Order #:COM-1812-CA-3490764 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. Any water or well rights, or rights or title to water or claims thereof, in, on or under the land. 2. Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said patents. 3. Taxes and assessments for the year 2019 and subsequent years, which are not yet due and payable. 4. Notice of Assessment, recorded May 11, 2016 (instrument) 2016000210856. 5. Any and all easements, set back lines, notes, exceptions, conditions, and other matters as shown and depicted on the Plat of Canal Section, recorded in Plat (book) 4 (page) 98. · LP-13S / ALTA 6-17-06 Loan Policy Schedule A and B (WL TIC Edition 9/18/07) PA2019-034 AL TA 6-17-06 LOAN POLICY SCHEDULE B -PART 2 In addition to the matters set forth in Part 1 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: NIA LP-13S / ALTA 6-17-06 Loan Policy Schedule A and B (WL TIC Edition 9/18/07) PA2019-034 State: California County: ORANGE Agent Number: COM-1812-CA-3490764: AL TA ENDORSEMENT FORM 22-06 LOCATION Attached to and forming a part of Policy No. LP-13-CA1010-6570017 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Company insures against loss or damage sustained by the Insured by reason of the failure of a one-to-four family residential structure (description of improvement, known as 4313 Channel Place (street address), to be located on the Land at Date of Policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Dated this 25th day of January, 2019 Issued By: {li)jLL? (Schwery, Patrick J) Authorized Signatory ALTA Form 22-06 Location 06/17/2006 (CLTA 116.01-06) EN-288 (8/9/07) PA2019-034 ALTA Form 9-06 (Restrictions, Encroachments, Minerals) ENDORSEMENT ATTACHED TO POLICY NUMBER LP-13-CAlOl0-6570017 ISSUED BY Westcor Land Title Insurance Company-CA File No.: COM-1812-CA-3490764 The Company insures the owner of the Indebtedness secured by the Insured Mortgage against loss or damage sustained by reason of: 1. The existence, at Date of Policy, of any of the following: a. Covenants, conditions, or restrictions under which the lien of the Insured Mortgage can be divested, subordinated, or extinguished, or its validity, priority, or enforceability impaired. b. Unless expressly excepted in Schedule B Present violations on the Land of any enforceable covenants, conditions, or restrictions, or existing improvements on the land described in Schedule A that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. ii Any instrument refen-ed to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (A) establishes an easement on the Land, (B) provides a lien for liquidated damages, (C) provides for a private charge or assessment, (D) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant. iii Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. iv Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. v Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Any future violation on the Land of any existing covenants, conditions, or restrictions occurring prior to the acquisition of title to the estate or interest in the Land by the Insured, provided the violation results in: a. the invalidity, loss of priority, or unenforceability of the lien of the Insured Mortgage; or b. the loss of Title if the Insured shall acquire Title in satisfaction of the Indebtedness secured by the Insured Mortgage. 3. Damage to existing improvements, including lawns, shrnbbery, or trees a. that are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. resulting from the future exercise of any right to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 4. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment excepted in Schedule B. 5. Any final court order or judgment denying the right to maintain any existing improvements on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records. Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they shall not be deemed to refer to or include ALTA 9-06 Restrictions, Encroachments, Minerals Endorsement (6/17/06) Page 1 of 2 PA2019-034 ALTA Form 9-06 (Restrictions, Encroachments, Minerals) the tem1s, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs l.b(i) and 5, the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount oflnsurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by al)LL? (Schwery, Patrick J) Authorized Signatory Premium Title of California, Inc. 1500 Palma Drive, Suite 238 Ventura, CA 93003 ALTA 9-06 Restrictions, Encroachments, Minerals Endorsement (6/17/06) Page 2 of 2 PA2019-034 Alta Form 8.1-06 (Environmental Protection Lien) ENDORSEMENT ATTACHED TO POLICY NUMBER LP-13-CAlOl0-6570017 ISSUED BY Westcor Land Title Insurance Company -CA File No.: COM-1812-CA-3490764 The insurance afforded by this endorsement is only effective if the Land is used or is to be used primarily for residential purposes. The Company insures against loss or damage sustained by the Insured by reason of lack of priority of the lien of the Insured Mortgage over (a) any environmental protection lien that, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge, or is filed in the records of the clerk of the United States district court for the district in which the Land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided by any state statute in effect at Date of Policy, except environmental protection liens provided by the following state statutes: This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount oflnsurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by /~,1. Jo ~I . -7 fp"~ ,r,✓1~ (Schwery, Patrick J} Authorized Signatory Premium Title of California, Inc. 1500 Palma Drive, Suite 238 Ventura, CA 93003 ALT A 8.1-06 Environmental Protection Lien Endorsement ( 6/17 /06) PA2019-034 ' a ~. -J<. ~ '~6', ~~~v'!i ~~~>. 't 'Z' 1' . "" ' "" ' GJ w 0.. ...J r Cl) • ~z I lb~ ALLEY ·-------------------7 SITE AREA 1,941 S.F. GJ NEW CONCRETE DRIVEWAY. 0 NEW TREE PER CITY REQUIREMENT. 0 NEW LANDSCAPING PLANTER NEW EXTERIOR CONCRETE WALKWAY. 4" GAP OF GRAVEL OR ARTIFICIAL TURF AROUND CONCRETE WALKWAY/DRIVEWAY SLAB. NEW WATER FOUNTAIN AREA. NEW 42'H CMU GARDEN WALL. OUTLINE OF FLOOR ABOVE. NEW B'H CMU WALL UNDER SEPARATE PERMIT. "" ~ EXISTING B'H FENCE TO REMAIN. '""~ NEW B'H WOOD GATE. ' "" ' "" 'i ::c .j>,. < s-n OJ m 0 ::c ~· m ffi ~ 71 I I I 4313 Channel Place Newport Beach CAD 92663