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HomeMy WebLinkAbout20190411_Title Report■■NORTH .. A M ER ICAN .. TITLE ■■COMPA N Y Like Clockwork e11 Villa Real Estate 450 Newport Center Dr Ste 150 Newport Beach, CA 92660-7621 Attention: Dominic Tucci Amended 3-11-2019 Your Ref: 3090 Bristol Street, Suite 190 Costa Mesa, California 92626 Office Phone: (949)419-9400 Office Fax: Email: titleteam@nat.com Our Order No.: 1594600 Property Address: 505 35th Street Newport Beach, CA 92663 Preliminary Report Dated as of March 04, 2019 at 7:30 A.M. In response to the above referenced application for a Policy of Title Insurance, North American Title Insurance 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 of insurance is less than that set forth in the Arbitration Clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the Parties. Limitations on covered risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a deductible amount and a maximum dollar limit of liability for certain coverages are also set forth in 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 . The form of Policy of title insurance contemplated by this report is: America First Homeowner's Policy Please note that the America First Homeowner's Policy (CLTA/ ALTA Homeowner's Policy) can only be issued on transactions involving individuals as purchasers and residential 1-4 properties. Any indication that the America First Homeowner's Policy (CLTN ALTA Homeowner's Policy) will be issued in a transaction that does not meet these criteria is hereby revised to state that the policy contemplated is a Standard Coverage Policy. David Neal, Title Officer Page 1 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 SCHEDULE A 1. The estate or interest in the land hereinafter described or referred to covered by this report is: Fee simple. 2. Title to said estate or interest at the date hereof is vested in: Mountain View Mobile Estates, LLC, a California Limited Liability Company 3. The Land referred to in this report is situated in the City of Newport Beach State of California, County of Orange, and is described as follows: See attached Legal Description Page 2 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 LEGAL DESCRIPTION Real property in the City of Newport Beach, County of Orange, State of california, described as follows: LOT 18 OF BLOCK 535 OF THE CANAL SECTION, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 98 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. APN: 423-085-18 Page 3 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions in the policy form designated on the face page of this report would be as follows: NOTE: IT IS THE RESPONSIBIUTV OF ALL PARTIES INVOLVED TO REVIEW EVERY ITEM CONTAINED IN THIS PRELIMINARY REPORT, INCLUDING BUT NOT LIMITED TO THE ITEM(S) HIGHLIGHTED HEREIN FOR YOUR IMMEDIATE ATTENTION TO BE PAID AND/OR RESOLVED AT OR BEFORE CLOSING, BEFORE A TITLE POLICY IS ISSUED. 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. Taxes for proration purposes only for the fiscal year 2018-2019. First Installment: $9,952.32, PAID Second Installment: $9,952.32, PAID Tax Rate Area: 07-001 APN: 423-085-18 3. Supplemental taxes for the year 2018-2019 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $81.62, PAID Penalty: $ Second Installment: $81.62, PAID Penalty: $ Tax Rate Area: 07-001 A. P. No.: 423-085-18 4 . The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 5. An easement for Alley, Sewer, Public Utility and incidental purposes in the document recorded January 4, 1930 as Book 336, Page 367 of Official Records. Affects The Rear 5 Feet of Said Land. 6. Covenants, conditions, restrictions and easements in the document recorded as Book 536, Page 352 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. 7. The terms and provisions contained in the document entitled "Temporary protective order" recorded March 19, 1986 as Instrument No. 86-108614 of Official Records . Page 4 Rev, NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 8. The terms and provisions contained in the document entitled "Affidavit of Change of Trustee" recorded March 08, 2012 as Instrument No. 2012000132226 of Official Records. 9. A Deed of Trust to secure an original indebtedness of $1,281,700.00 recorded January 22, 2019 as Instrument No. 2019000019171 of Official Records. Dated: January 10, 2019 Truster: William M. Feeney and Dorothy L. Feeney, Trustees of the Feeney Family Trust Dated May 24, 2002 Trustee: First Amer_ican Title Insurance Company Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Lender: Morgan Stanley Private Bank, National Association 10. With respect to Mountain View Mobile Estates, 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 ********** END OF REPORT ********** Page 5 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 ***** NOTES ***** 1. NOTICE OF RECORDING PROCEDURE Pursuant to Cal. Revenue & Tax Code §480.3, all Deeds and other Documents that reflect a change in ownership must be accompanied by a Preliminary Change of Ownership Report to be completed by the transferee. If this special report is not presented at the time of recording, an additional recording fee of $20 .00, as required by law, will be charged. Preliminary Change in Ownership forms, instructions on how to complete them, and a nonexclusive list of documents that are affected by this change, are available from the County Recorder's Office or the Office of the County Assessor. Effective January 1, 2018, Cal. Government Code §27388.1 imposes an additional fee of $75.00 to be paid at the time of recording for every real estate instrument, paper, or notice required or permitted by law to record, except those expressly exempted from payment. 2. GOOD FUNDS LAW Under Section 12413.1 of the California Insurance Code, North American Title Company, Inc. may only make funds available for disbursement in accordance with the following rules: Same day availability. Disbursement on the date of deposit is allowed only when funds are deposited to North American Title Company, Inc. by Cash or Electronic Transfer (Wire). Cash will be accepted only under special circumstances and upon approval by management. Next business day availability. If funds are deposited to North American Title Company, Inc. by cashier's checks, certified checks or teller's checks, disbursement may be on the next business day following deposit. A "teller's check" is one drawn by an insured financial institution against another insured financial institution (e.g., a savings and loan funding with a check drawn against a FDIC insured bank). Second business day availability. If the deposit is made by checks other than those described in paragraphs 1 and 2 above, disbursement may occur on the day when funds must be made available to depositors under Federal Reserve Regulation CC. In most cases, these checks will be available on the second business day following deposit. (For further details, consult California Insurance Code Section 12413, et seq. and Regulation CC). These are the minimum periods before funds will be made available. North American Title Company, Inc. is not obligated to disburse funds at the expiration of the time periods above, and expressly reserves the right to require additional time before disbursing on deposited funds. Close of escrow and final disbursement will not be made based on deposits in the form of personal checks, corporate checks, credit union checks, money market checks, travelers checks and official checks until confirmation of final clearance of the funds. North American Title Company, Inc. will not be responsible for accruals of interest or other charges resulting from compliance with the disbursement restrictions imposed by state law. 3. North American Title Company, Inc.'s charges for recording the transaction documents include charges for services performed by North American Title Company, Inc., in addition to an estimate of payments to be made to governmental agencies. 4 . 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 Page 6 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 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. 5. The map attached, if any, may or may not be a survey of the land depicted hereon. North American Title Company, Inc. 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. Page 7 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 Escrow No.: 92002-1594600-18 CERTIFICATION OF TRUST PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5 I/We,------------------------------~ trustee(s) confirm the following facts: 1. The ________________________ (Name of Trust) is currently in existence and was created on : (Date of Creation of Trust). 2. The settlor(s) of the trust are as follows: 3. The currently acting trustee(s) of the trust is/are: ________________ _ 4. The power of the trustee(s) include: (a) The powers to sell, convey and exchange [ ] YES [ ] NO (check one). (b) The power to borrow money and encumber the trust property with a deed of trust or mortgage [ ] YES [ ] NO (check one). 5. The trust is (a) revocable [ ] (b) irrevocable [ ] (check the applicable box) and the following party(ies) if any is/are identified as having the power to revoke the trust: 6. The trust (a) does [ ] (b) does not [ ] have multiple trustees (check the applicable box). If the trust has multiple trustees, the signatures of all the trustees or of any _____ of the trustees is required to exercise the powers of the trust. 7. The trust identification number is as follows: (Social Security no./Employer ID) 8. Title to trust assets shall Be taken in the following fashion: The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner wh ich would cause the representations contained herein to be incorrect. The certification is being signed by all of the currently acting trustees and is being executed in conformity with the provisions of California Probate Code Section 18100.5, Chapter 530, Statues of 1993 . Date: ___________ _ Document date: __________ _ 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, acc uracy, or validitv of that document. STATE OF ________ )SS COUNTY OF ) On -------------~ before me, _______________ _, Notary Public, personally appeared ___________________________ _ _________________ _, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. Signature This area for official notarial seal Page 8 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE REFERRING PARTY: North American Title Company, North American Title Company, Inc., North American Title Company of Colorado, North American Title Agency, LLC, North American Title, LLC, North American Title Agency, Inc., North American Title Company, LLC, or North American National Title Solutions, LLC, as applicable ("NAT") This is to give notice that NAT has a business relationship with North American Title Insurance Company ("NATIC") and North American Advantage Insurance Services, LLC ("NMIS"). NAT, NATIC and NMIS, directly or indirectly, are wholly owned subsidiaries of North American Title Group, LLC ("NATG"), which is ultimately owned by Lennar Corporation. Set forth below are the estimated charges or range of charges for the settlement services provided by NATIC and NMIS. You are NOT required to use NATIC or NMIS as a condition for closing your transaction and obtaining insurance. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Title Insurance Fees NAT provides closing services and title insurance through numerous title insurance underwriters, one of which is NATIC. If NATIC is selected as the title insurer, the following fees apply: 10% -40% of costs for lender's and/or owner's title insurance, as applicable, depending on the property state, and as shown on the Loan Estimate and/or Closing Disclosure provided by your lender. Contact your local NAT representative for a more detailed title insurance quote based on your specific transaction. Page 9 Rev. NAT B/15/15 Order No. 92002-1594600-18 PA2019-066 Insurance NMIS is the insurance agent that provides, among other products, homeowner's/hazard and flood insurance. Set forth below is the estimated range of charges by NMIS for the settlement services listed. NOTE: Settlement Service Hazard Insurance Flood Insurance Range of Charges -Annual Premium .2% - 2 .5% of Home Price .1 % -.5% of Home Price The above is a premium range for hazard and flood insurance. If enhancements to the standard policy such as increased limits, scheduled articles, and/or earthquake coverage are required, the premium may increase. Actual quote and acceptance by NMIS is subject to NMIS's application of its underwriting guidelines, including but not limited to verification of your credit score and previous loss history. Of course, the cost of your insurance may vary due to many factors including, without limitation, the size, location and cost of your home. Page 10 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 OPEN LOANS AFFIDAVIT Order Number: 92002-1594600-18 Escrow Number: 92002-1594600-18 ____________________________ of legal age, hereby declares and swears, under penalty of perjury that the following information, declarations, representations and answers are true, correct and complete: 1. I am the current owner of the property in this transaction which has an address of: 505 35th Street, Newport Beach, CA 92663 2. That the following is a complete and comprehensive list of all open loans taken out against said land: (If no open loans, please write NONE on the 1st Current Lender Line and initial). 1.) Current Lender: _______ _ Loan Balance $ _____ _ Original Lender: _______ _ Original Loan Amount: $ _____ _ Are you in default of this Loan: D YES D NO IF YES, how long ( ) MONTHS 2.) Current Lender: _______ _ Loan Balance $ ____ _ Original Lender: _______ _ Original Loan Amount: $ ____ _ Are you in default of this Loan: D YES D NO IF YES, how long ( ) MONTHS 3.) Current Lender : _______ _ Loan Balance $ ____ _ Original Lender: _______ _ Original Loan Amount: $. ____ _ Are you in default of this Loan: D YES D NO IF YES, how long C } MONTHS 4.) Current Lender: _______ _ Loan Balance $ _____ _ Original Lender: _______ _ Original Loan Amount: $ ____ _ Are you in default of this Loan: D YES D NO IF YES, how long C } MONTHS 3. I understand and acknowledge that this Affidavit is made for the protection and benefit of North American Title Company and for all other parties hereafter dealing with or who may acquire an interest in said Property and for the purpose of inducing North American Title Company (including its affiliates and underwriters) to insure title to said Property. I am fully aware and know that North American Title Company will rely on this Affidavit and would not insure title without it. We also hereby agree to indemnify and hold North American Title Company harmless and to become fully financially responsible for any loss that may occur to North American Title Company or any other parties if any of the information, declarations, representations and answers turn out to not be true, correct and/or complete, whether by accidental omission or actual deceit and/or fraud. Dated: ______ _ BY: ____________ _ BY: ____________ _ Page 11 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 NORTH AMERICAN TITLE COMPANY 3090 Bristol Street, Suite 190, Costa Mesa, CA 92626 (949)419-9400 Fax: Email: titleteam@nat.com Closing Protection Letters can be ordered directly by emailing cacpl@nat.com with your title order number and property address. Attention : Your Ref: Our Order No.: 92002-1594600-18 LENDERS SUPPLEMENTAL REPORT Dated as of March 04, 2019 AT 7:30 A.M. Title Officer: David Neal The above numbered report (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional items relating to the issuance of an American Land Title Association loan form policy of Title Insurance: Our ALTA Loan Policy, when issued, will contain Endorsement Nos. 100 and 116. There is located on said land a Multi Family Residence Known as: 505 35th Street City of Newport Beach County of Orange State of California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: A document recorded May 22, 2018 as Instrument No. 2018000185077 of Official Records. From: Bill Vuylsteke, Trustee of the Melody Manor Trust dated April 20, 2006 To: William M. Feeney and Dorothy L. Feeney, Trustees of the Feeney Family Trust, dated May 24, 2002 A document recorded February 5, 2019 as Instrument No. 2019000036794 of Official Records. From: William M. Feeney and Dorothy L. Feeney, Trustees of the Feeney Family Trust, dated May 24, 2002 To: Mountain View Mobile Estates, LLC, a California Limited Liability Company Page 12 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 Privacy Policy Rev. 01/07/2019 The States Title Family of Companies WHAT DOES THE STATES TITLE FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all, sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information . Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information, the reasons the States Title Family of Companies ("ST") h t h d h th I' 't th. h . Reasons we can share your personal information Does ST Can you limit share? this sharing? For our everyday business purposes Yes No Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes Yes No Information about your transactions and experiences For our affiliates' everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share _ ... Call 1 (650) 419-3827 •,•tH-MU• !L."l"I' Page 13 Rev. NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 Page 2 Who we are Who is providing this notice? What we do How does ST protect my personal Information? How does ST collect my personal information? Why can't I limit all sharing? What happens when I limit sharing for an account I hold jointly with someone else? Definitions Affiliates Nonaffiliates Joint marketing The States Title Family of Companies (identified below), which offers title insurance and settlement services. To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safe uards and secure files and buildin s. We collect your personal information, for example, when you • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies. Federal law gives you the right to limit only • Sharing for affiliates' everyday business purposes - information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. Your choices will apply to everyone on your account -unless you tell us otherwise. Companies related by common ownership or control. They can be financial and nonfinancial companies. Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service providers, companies that perform marketing services on our behalf, and consumer reporting agencies. A formal agreement between nonaffiliated financial companies that together market financial products or services to you . • ST doesn't jointly market . The States Title Family of Companies consists of the following entities: States Title Holding Inc . North American Title Company States Title, Inc. North American Title Company, Inc. States Title Insurance Company North American Title Company of Colorado States Title Insurance Company of California North American Title Insurance Company States Title Agency, Inc. North American Services, LLC Spear Agency Acquisition Inc. North American Title Agency , Inc. Title Agency Holdco, LLC North American Title, LLC Page 14 Rev. NAT 8/15/15 North American Title Company, LLC NASSA LLC North American Asset Development, LLC Order No. 92002-1594600-18 PA2019-066 CLTA Preliminary Report Form -Exhibit A (Rev. 05-06-16) CLTA STANDARD COVERAGE POUCY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting From a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date or Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; ( d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA/ ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation or those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection . This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b . that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit .the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28 . 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. Page 15 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5 ,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000 $25,000 $25,000 $5,000 The f ollowi ng 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 Exclus ion l(a) does not modify or limit the coverage provided under Covered Risk S. (b) Any governmental police power . This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 . 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed tu by lhe Insured Claimant; (b) not Known t o t he Com pany, not recorded i n the Public Records at Dat e of Policy, but Kn own to the Insured Claimant and not disclosed in writing to the Com pany by t he Insured Claimant prior to the date the I nsured Clai mant became an Insured under t his policy; (c) resulting In no loss or damage to the rnsu red Claimant; (d) attaching or created iubsequent to Date of Policy (however, this docs 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 Mo rtgage 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 an y reason not stated ln Cove red Risk 13 (b) of this policy . 7. Any lien on t he Title for real estat e taxes or assessments im posed by governmental authority and created or attaching between Date of Policy and the date of record ing 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 Exclus ions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Excep t as provided in Sch ed ule B -Part II,[ t[or Tihis policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or ex penses, that arise by rea so n of: [PART I [The above policy form may be issued to afford either Standard Coverage or Extended Coverage . In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Publi c Records; (b) proceed ings 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 Reco rds. 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 claim s t hereof, not shown by the Pu blic Record s. 4. Any encroachment, encumbrance, violation, variation, or ad verse circumstan ce 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, whet her 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 . ] PARTII In addition to the matters set forth in Part I of t his Schedule, the Tltle 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 Insure d Mortgage:] 2006 ALTA OWNER'S POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, reg ulati ng, prohibit ing, or relati ng to (i) the occu p.incy, use, or enjoyment of the Land ; (ii) the character, dimensions, or location of any improvement erected on the Land ; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations . This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. Page 16 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 1. Rights of emi nent domain. This Exclusion does not modify or limit the coverage provid ed under Covered Risk 7 or 8. 2. Defects, liens, enc umbrances, ad verse claims, or other matters (a) created, suffered, assumed, or agteed to by the Insured Claiman t; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Know n 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) resultin g in no loss or dama ge to the Insured Claim ant; ( d) attaching or created su bsequent to Date of Policy (however, this does not modify or lim it the cove rage provided under Covered Risk 9 and 1 O); or (e) resu lting in loss or damage that would not have been su~lned if the Insured Clai mant had paid value for the Title. 3. Any cl aim, by rea son of the operation of federal bankruptcy, state insolvency, or similar creditors ' rights laws, that the transaction vesting the Title as shown in Schedul e A, is (a) a fraudulent conveya nce or fraudu lent tra nsfer; or (b) a preferentia l transfe r for any reason not stated in Covered Risk 9 of this policy . 4. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attachi ng betwee n Date of Policy and the date of record ing of the deed or othe r instrument of tran sfer in the Public Reco rds t hat vests Title as sh own in Schedu le A. The above policy form may be iss ued to affotd either Standard Coverage or Exten ded Coverage. In addition to the above Excl usions from Coverage , the Exceptions from Coverage In a Sta ndard Coverage pol icy wlll also Incl ud e the foll owing Exceptions from coverage: EXCEPTIONS FROM COVERAGE This policy do es not Insure against loss or damage, and the Company will not pay costs, attorneys ' fees or expenses, that arise by rea son of: [The above policy form may be Issued to afford either Sta nda rd Coverage or Extended Coverage . In additio n to the above Exclusions from Coverage, the Exceptions from Coverage in a Sta nd ard Covera ge policy will also inclu de the folloWing Exceptions from Coverage: 1. (a) Ta.xes or assess ments that are not shown as exist ing liens by the reco rd s of any tax ing authority that levies taxec; nr asse ssme nts on real property or by the Public Records; (b) proceed ings by a public agency that may resu lt ln taxes or assessments, or notices of such proceed ings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests , or cla ims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land . 3. Easements, liens or encu111bra 11tt!S, or claims th ereof, not shown by the Public Record s. 4. Any en croachm ent, encumbra nce, violation, var iation, or ad verse circumstance affecting the Title that would be disclosed by an accurate and complete land su rv ey of the Land and that are not sh own by the Public Records. 5. (a) Unpatented mining cla ims; (b) reservations or exceptions in pat ents or In Acts authoriz ing the issuance thereof; (c) water rights, claims or t itle to water, wh ether 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 materia l not shown by the Public Records. 7. (Varia ble exceptions such as taxes, ease ments, CC&R's, etc . shown here .) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY - ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The foll owi ng matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reaso n of: 1. (a) Any law, ordinance, permit, or gove rn mental re gulation (incl udi ng those rela ting to building and zo ning) restricti ng, reg ula ting , prohi biting, or relating to (i) the occupan cy, use, or enjoyment of the Land; (II) the character, dimensions, or location of any Improvement erected on the Land ; {Iii) th e subdiVfsion of land ; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations . This Exclusion l(a) does not modify or limit the coverage provided under Cov ered Risk 5, 6, 13(c), 13(d), 14 or 16. {b) Any governmenta l police power. This Exclus ion l(b) does not modify or llmit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. RJgh ts of eminent domain. Th is Exclusio n does not mod ify or limit the cove ra ge provi ded und er Covered Risk 7 or 8. 3. Defects, liens, encumb ran ces, ad verse claims, or other ma tters (a) created, suffered, assumed, or agreed to by the Insured Claim ant; (b ) not Kn own to the com pany, not recorded In the Pub li c Records at Date of Policy, but Known to the I nsured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Cl aimant became an lnsured under this policy; (c) resulting In no loss or damage t o the I nsured Claimant; (d) attaching or created subsequen t to Date of Policy (how ever, this does not mod ify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resu lting in loss or damage tha t wou ld not have been sustained if the Insured Cla imant ha d paid value for the Insured Mortgage. 4. Unenforceability of the lie n of the Insured Mortg age becaus e of t he in ability or fa ilu re of an Insured to comply with applicab le doing-business laws of the state where the Land Is situated . 5. t nvalidity or une nforceabillty in whole or in part of the Hen of the Insured Mortgage that arises out of the tra nsaction evidenced by the Insured Mortgage an d Is based upon usu ry , or any consumer cred it protect ion or t ruth-in-le nd ing law . This Exclu sion does not modify or limit the coverage provided in Cove red Risk 26 . 6. Any cl aim of invali dity, unen forceabillty or lack of priority of the lien of the Insured Mo rtgage as to Advances or modifi cation s made after the Insu red has Know ledge that the ves tee sh own in Schedu le A is no longer the owner of the estate or Interest covered by this policy. This Excl usion does not mod ify or limit the coverage provi ded in Covered Risk 11. 7. Any li en on the Title for rea l estate taxes or assessments imposed by governme ntal authority and created or attaching subsequent to Date of Policy. This Exclusion does not mod ify or limit the coverage provided In Covered Risk U(b) or 25 . 8. The fa ilure of the residential structure, or any portion of It, t o have been co nstru cted before, on or after Date of Policy in accordance with applicable buildi ng codes. This Exclus lu11 does not modi fy or li mit the coverage provid ed in Covered Risk 5 or 6. 9. Any claim, by rea son of the operation of fe dera l bankruptcy, state Insolvency, or simllar creditors' rights laws, that the t ransaction creating the lien of the I nsured Mo rtgage, Is (a) a fraudu len t conveyance or fraudu lent lra nsr~r, or (b) a preferential transfer for any reason not stated in Cov ered Risk 27(b) of this policy . 10. Contaminati on, expl osi on , fi re, fl oodi ng , vibrati on , fracturing, ~rthquake, or su bsi dence . 11. Negli gence by a pe rson or an Entity exercisi ng a rig ht to extract or develop minerals, water, or any othe r substances. Page 17 Rev . NAT 8/15/15 Order No. 92002-1594600-18 PA2019-066 ii -· ~ ~ ~ .,; ::e ~ ~ ~ <,j ~ ,_ ~I ~ !l Q: ~ ~ ; ~ -· --- Rev. NAT B/15/15 © .. ® 0 it .. (~)0•, /§@ } , .. ,. ~0 ii{ 0 ' ... e . " ' 0 a -a SHORr Q 0 Ii 0 a , .. .. ___ © ____ ~ .t • ~~@-0.:-~ ~0 a i,. ~0 G . ,.,_ " .. !0 ' 0 ..... a 'a FINL£'/' . 0 0 e ~ e .: ~ 0 • ... I n 60 Page 18 ... ~ ... I) -~ ®.,. • ~· AV£NU£ i! 0 '-~ ~I ~ ~ ... Order No. 92 002-1594600-18 PA2019-066 0 Standard Scale 1 : 1 -- --1 2 1\"\ · ... ,6 0 LEGEND □ Parcel (Fee, l'roperty In Que■llon) □ Ea•amant for Allay, Nwar, public ullllty 01/0411930, Book 336, Pogo 367, of Offlclol Rocordo Atfecl1 •• de tcrlbed fh •r•ln U ~3WcAN North American Title Company .. W+E s TIiie Ordrr No , 1594600, Prellinlnar y Rcpo.-1 Deled III of M ■ rch fM,2019 lltll'fiill_na 0 Nt•:0 1n2JJ lll'f Refe rence: Dala: ... TITLE J090 Brlolol Street, Suite 190 -■COMPANY co,to M.,., C ■Hrornla 92626 t--L ___ .,._ __ ·-_,."-•__..._O~f~n~°"'-'l'-''h""o""nt,.,_:_..9a;,: • .:..? =19c;c-9:;:A,c00,__ ________ Pr41 perty : ~ 351• Strffl Newpn rl Ru ch , CA 91 ~61 Anenor'1 Ptrcrl Nos.: 413-0AS-t B "Notice: This /s neither a plat nor a aurvey. It Is furnished merely as a convenience to aid you In locallng the land Indicated hereon with reference to atreets and other land. No 1/ablllty is Hsumed by reason of any reliance hereon.• MOTi.; Ea-,,,"'"'' dfplGlff "''"" .,, p<OYldt4 •• ,, COIJflHt only,nd no ,.,,,.,,,,,,ua'! 11 m1CM .a, tt, '"• Kcurny or ,ompltlffta•• IIMnof, Th1o Comp..ny ,uunMI no ll1 b HH)' l o, •ny fo u occunlnr, by rHIOl) o( tWIJ•.nc• ui ,r..:,n, "II rHommend«J lh•t • tUN•Y ba ot,q/ud hom a llun ■H protw ■loMI to fHi.tmlM P1111 Sl1 01otihK Ill!.! Lul 18 orDloc:k ,H orlhe unel tecli(ln, 111 shown on• mllp recorded In llook4, P•Ke IJH orMl1eell ■noou1 M1p1. In lh<' orlkc n(tht Co ■11 ry rcc:ordtt o(Oru ae £.'ouuly, Stl ttl I or I PA2019-066