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HomeMy WebLinkAboutPA2019-228Batch 5619760 Confirmation Page 1 of 2
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
RECORDING REQUESTED BY:
I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll lllll 1111111111111 12 . 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
*$R0011352489$*
201900052801111:24 am 12/17/19
66 I-P64BT C17 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. CO2019-023 (PA2019-228)
California Government Code Section No. 66499.35(c)
CITY OF NEWPORT BEACH
Owner: 110 30 th Street, LLC, a California limited liability company
Site Address: 110 30 th Street
City of Newport Beach, County of Orange
Assessor Parcel Number: 047-083-07
Number of parcels for which this
Certificate of Compliance is being issued and recorded: One (1)
LEGAL DESCRIPTION
THE NORTHEASTERLY 15 FEET OF LOT 11 AND THE SOUTHWESTERLY 15 FEET
OF LOT 12 IN BLOCK 29 OF NEWPORT BEACH AS PER MAP RECORDED IN BOOK
3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
Tmplt: 09-l0-18
https:// gs.secure-recording.com/Batch/Confirmation/56197 60 12/17/2019
PA2019-228
Batch 5619760 Confirmation
110 JQTH STREET Page: 2 of 2
CERTIFICATE OF COMPLIANCE
California Government Code Section No. 66499.35(c)
CONTINUATION
Newport Beach Certificate of Compliance No. CO2019-023 (PA2019-228)
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.
Cifyo~
~ner, ~r
Seimone Jurjis, PE, CBO
Community Development Director
ACKNOWLEDGEMENT BY NOTARY PUBLIC
December 16, 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
Page 2 of 2
On }e.e.e.h,t.ber I&, , 20 l't, before me, \~ l V\A. R~ ,e ~, No /Ar' Pvb hc..
:DGuJtd s. t...ec.... • personally appeared
· @ KIM RIEFF ..
· Commission# 2138649
j • Notary Public • California j
z Orange County . -
J • • • • • .Ml t0 T"l-[•e1r:s t•g t6-.2e2e(
(Place Notary Seal Above)
Tmplt: 09·10-18
who proved to me on the basis of satisfactory evidence to
be the perso~hose narrwfs) is/ai;e--subscribed to the
within instrument and acknowledged to me that he/sl:!e/ti.e-,
executed the same in his/Offfltheirauthorized capaci~,
and that by his/hef/t~signature~on the instrument the
person~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/5619760 12/17/2019
PA2019-228
Certificate of Complia n c e
·~ .•.
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Pioperty O~erts)
Cornrnun1ty D evelop m ent Depa rt ment
Pi lllllll Q OtVIS IOll
10 0 C1v1 c Cen ter Dnve / P.O. Box 1768 / Newp ort Beach
(94 9 )644 -32 04 Te lep hone / 19 49)64 4-3229 Facs,mile
,'NM'J.1(;'!1 ort b~ ch ca ggv
ENGS TR OM R AL ES T A TE GR OUP
CA 92658-89 i 5
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Site /ProJect
I Addrcs~
71 4-469 -6369
, 110 30TH STREET, N EWPORT BEACH , CA 92663
FM Nu
I A ssessor s P arcel No
1041-083 -0 1
A lon g with th e abo ve portion of thi s fonn completely filled out, please submit th e followin g ·
1. A legibl e copy of tt1 e latest Recorded Grant Deed or Co ntract of Sa le showin g current own ershi p include
the Title Insuran ce Policy if available .
2. A copy of the latest Tax Bill and Asse ssor's Map .
3. A copy of any and all documents supporting original crea tion of th e parce l (e .g . Grant Dee d s. Co ntrads of
Sa le , Records of Survey , Building Permits , or other documents).
4. If the proje ct is improved , include leg ible copies of
• A P lo t P Ian. fully di mens1on ed on an 8 ½ ·· x 11 " sheets hawing entire parce l. a l I I m pro ve ments an d
parcel area in square feet.
• A Bui ld ing Permit for a Principal Bui lding on the Property .
5. An a pp l1catIon fee in the amount of $330 ($318 + OC Recorders Fee $12 ) payable to t he C ity of Newpon
Beach . P lease note parcels not in complian ce with Subd ivi sion or Zoning regulati ons m ay i n cur addrt1onal
costs .
Do Not Complete Application Be low This Line -For Office Use Only
P,\ No.
?~?o~l_-7.:,
CO No
I SubmIt1 ed J P lanner e)(t
---t-c=I ----=--:----11_· ----=-L\--)...L.-._____ 0 1 _______ -21:_i 5 ____ _
Fe e Pm d Dale MnilP.rl
D No
Pl11 Ch~k N o
----··---· -·. ---.... , F-o-rr-n o-f-P-ay_m_e,-,r -rchcck No.
D Ch eck I
0 Crnd 1t Ca1d
-·-·--· __ _,l""'R=e-ce-,p-t N-o-. ---r OR No .
___ _1_ __ ----
PA2019-228
Commonwealth Land Title Company
RECORDING REQUESTED BY: .
Commonwealth Land Title Company
WHEN RECORDED MAIL DOCUMENT AND TAX
STATEMENT TO:
110 30TH STREET, LLC
11821 Highview Drive
Santa Ana, CA 927G5
APN:. 047-083-07
TITLE ORDER NO.: 09195795
ESCROW NO.: 39785-1
THIS SPACE FOR RECORDER'S USE ON~ Y
GRANT DEED
. The undersigned Grantor(s} declare(s} that the DOCUMENTARY TRANSFER TAX IS: $1,650.00 County
XX computed on t~e full value of the interest of property conveyed, or
_computed on the full value· less the value of liens or encumbrances remaining thereon at the time of sale.
_OR transfer is EXEMPT from tax for the following reason:
The Undersigned
Signature of declarant or agent determining tax Firm Name ·
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bernardino ·o'Atjuila and Lia D'Aquila,
husband and wife as joint tenants .
HEREBY GRANT(S) to 110 30TH STREET, LLC, a California limited liability company
All that real property situated in the City of Newport Beach, County of Orange, State of California, described as:
All that certain real property situated in the County of Orange, State of California, described as follows:
THE NORTHEASTERLY 15 FEET OF LOT 11 AND THE SOUTHWESTERLY 15 FEET OF LOT 12 IN BLOCK29 OF·
NEWPORT BEACH AS PER MAP RECORDED IN BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIF<;)RNIA.
Assessor's Parcel Number: 047-083-07
Commonly Known As: 110 30th Street, Newport Beach, CA 92663
April 24, 2019
Bernardino D'Aquila
-4~
Lia D'Aquila
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Grant Deed dated April 24, 2019
110 30th Street Newport Beach, CA 92663/110 30TH STREET, LLC/D'Aquila
PA2019-228
Commonwealth Land Title 9ompany
RECORDING REQUESTED BY: .
Conimonwealth land Title Company
WHEN RECORDED MAIL DOCUMENT AND TAX
STATEMENTTO:.
110 30TH STREET, LLC
11821. Highview Drive
Santa Ana; CA 92705
·. APN:. 047-083~07
TITLE ORDER NO.: 09195795
ESCROW NO.: 39785-1.
. .
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
I IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111 9 · 00
* $ R O O 1 0 8 0 7 2 0 5 $ *
2019000146158 1:37 pm 05/02/19
63 409 G02 2 07
825.00 825.00 0.00 0.00 3.00 0.00 0.000.000.00 0.00
THIS SPACE FOR RECORDER'S USE ONl,Y
GRANT·DEED·
. The-undersigned Grantor(s) declare(s) that the DOCVMENTARY TRANSFER TAX IS: $1,650.00 County
~ computed on t~e full value of the interest of property conveyed, or-· ·
_computed on the full value· less the value of liens or encumbrances remaining thereon at the time of sale.
~ OR transfer Is EXEMPT from tax for the followlng reason: ·
-The Undersigned
Signature ofdeclarant or agent determining tax Firm Name ·
•'•'.'
FOR A.VALUABLE CONSIDE~TiON, receipt of which .is hereby acknowledged, Bernardlno·o•Aquila and Lia D'Aqulla,
husband and wife as joint tenants . ·
HEREBY GRANT(S).to 11Q 30TH STREET, LLC, a Callfomla limited liablilty company
All that'real property situated In the City of Newport Beach, County of Orange, State of California, described as:
All that certain real property situated ·1n the County of Orange, State of California, described as follows:
THE NORTHEASTERLY 15 FEET OF ~OT 11 AND THE SOUTHWESTERLY 15 FE~T OF LOT 12 IN BLOCK
0
29 OF·
NEWPORT BEACH' AS PER MAP RECORDED IN BOOK·3, PAGE 26 OF MISCELLANEOUS MAPS, IN Tl-IE CITY OF ·
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIF9RNIA.
Assessor's Parcel Number: 047-083-07 ·
Commonly Known As: 11 O 30th Street, Newport Beach, CA 92663
. April24,2019
Bernardino D'Aqulla
£8b
Lia D'Aquila ~
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Page 1 of 2 Grant Deed dated April 24, 2019
.110 30th Street Newport Beach, CA 92663/110 30TH STREET, LLC/D'Aquila
PA2019-228
A notary public C!r other officer completing this certificate verifies only the Identity of the indMdual who signed the documerit t(? which this certificate is ·
attached and not the truthfulness accurac or valid! of that document
STATE OF CALIFORNIA
who proved to me on the basis of satisfactory evidence to be e person(s) whose name(s) is/are subscrib d to the within Instrument and
acknowledged to me that he/she/they executed th& same In his/her/their authorized capaclty(les), and that by his/her/their signature(s) on
ttie 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 lai.vs of the State of California that the foregoing paragr!)ph Is true and correct.
WITNESS my han~and official seal. _/ _, __
~"'"" ~lvitNYL
(SEAL)
Page 2 of 2 Grant Deed dated April 24, 2019
110 30th Street Newport Beach, CA 92663/110 30TH STREET, LLC/D'Aquila
PA2019-228
/£
BOE-002-A (P11 Rl:V, 13 (01-17)
PRELIMINARY CHANGE OF OWNERSHIP REPORT
To be complet9d by tile nn,terH (~yer) prior to transfer of subject
propc11,v, In acool'dance With eeotlon 480.3 or the Aev11n1.19 51nCI nxatton
Code. /It PrrJJ/mlnery Chflllge or CNJneran/p Report must be nlad with
"°'1 oonvey1noe In tho County Raiorder'• offlee for the oiounl)'
where thb property la looated. ·
FOR ASSe660R'S uee ONLY
110 30TH STREET, LLC
11821 Hlghvlaw Drive
Santa Ana, CA 92706
STIU!IIT ADORill OR PMYIICALLOCA'110N OP RIAL PAOPIR'IY
110 30th Street N ort Beach CA 92883
RiVIHd by FPS 12/2017
FOR RECORDeR USE ONLY
lssUiolhi IE.Wilt NllMnit
047-083-07
Sl!LLeM'RANihR&.
Bemardlno O'Aqulla
1UV1~•• bAvfiM! 'lffi.i/iHONi NG.iii!R
BU't'eA'8 !!MAIL AOiSRese
Sengatrom29@gmall.com
( I YES Thia pro,ie,ty II lntendld a& my prinelpal r1111ldanoe, lfYES, plNA Indicate the dllhl of occupancy or
ln10nd1d oooupanoy,
J YES Are you ■ dlaabled wtaron or an unmarriad eurvMIIQ !lpOUM or a dl,eabled veter■n who w ..
compenaated Bl 100'lf> bv the Oepartmlll'lt of Vate111na Affill111?
santaAna
PART 1. TRANSFER INFORMATION Please complete SI/ statements.
This 11ot1on contains poaslble exclu1lon1 from reassessment for certain types of transfers.
vrr NrU TIiie tranefer 18 aolely between spoueee (lddltfon or ~move/ of e •poute, death of fl a~uae, divorce aetttement, eto.).
[ J ~-Thia tranarar la solely batwHn domaatlc partne111 curranlly registered with the Callfomla Secretary of State (addition or removal of
a partner, death of• partner, termination settlement, etc.). .
( ] ~-Thi• Is a transfar: [ J between parent(•) and chlld(r•n) ( J from grandparent(&) and gl'f.lndchlld(ren).
l J • Thie transfer 19 the reeult of a ootenant'• death, 0ate of death _________ _
[ J • Thie tranaaotlon la to replaoe a prlnolpal residence owned by • person 66 years of age or older.
Within the same oounty? ( J V es I ] No 1 ;
[ ] \..JA'f: This traMaotlon to replace a principal resldenoe by a person who Is aav11rely disabled as defined by Revenue and Taxation Code ~ ' ' Section 88,5. Within the eame county? [ J Yea [ J No
[ J ))('G. Thie transaotlon la only a correction of the name(s) of the person(•) holding title to the pro~rty ((!),g,, • name ohflTJ(/fl upon mamege)
ltYES, plene explain~--------------------------------( J ()k1t The recorded doaumant creates, terminate■, or reconveys a lender'• Interest In the property.
[ J J::Kl· Thia traneacHon Is reoorded only as a requirement for ffn11nafng purposes or to create, terminate, or reconvey a security Interest (e.g., ooslo,,er). lfVES, please explain ________________________ _
[ J "'l>('"J. The recorded document substitutes a trustee of a trust, mortg11ge, or other elmllar document.
[ J ..)(..!<, This is a transfer of propa,ty:
1. to/from Cl 1'6Vooable truet that may be revoked by the transferor and Is for the ben1flt of
l J the traneteror, and/or [ J the tran9ferqr's spouse r J registered domestic partner.
( } ~ 2, to/from an lrrevocablt ,nm for \he benefit of the 1
[ ] creator/grantor/tnlator and/or [ J grantor's/trustor's epouse [ ] grantor'e/lruator'8 registered domestic partner.
[ J ~-Ttils property la subjeot to • r■aae with the remaining leate term 38 year• or more lnoludlng written options. r ] ~ M. Thia la • transfer between parties In Whleh proportional lntereste of the transrerot(s) and tranafarH(a) In eaott and every parcel
being traneferted remain exactly the ume after the transfer.
[ J r.J N. This Is a ,transfer subject to eubeldlzed low-Income housing requirements with governmentally Imposed restrictions, or raatlfctlont
V' "-Imposed by specified nonprofft corporation,.
[ ) Mo. Thia tranafer ,. to the first purohaeer of a new building containing an active aolar ene~y syetem. ( J ri-P. Other. This transfer la to ____________________ _
•Please refer to th• lnetruotlone for Part 1, I
'!•ue provlclG any other Information that will ll•IP the A'*••sor understand the nab.IN of the transfer,
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
PA2019-228
/fl
SOE-602-A (P2) I\E!V. 1:, (08-17}
PART 2, OTHER TRANSFER INFORMATION Check and oom/3llh a« app/Jcabh,_
A. Date of tnnater, It ointr D\an recomlng date _______________ _
B, TV~ of tranBfer
~urohaN ( J P'oreeloeure l J CJll't l J Tl'll:lc or exahange [ J Merger, etook, or panner,nrp aOQUleltion (Form BOE-100-B)
( J Contra« of 1116, Datt of contract: _______ _ I I Inheritance • Oat• of Death ____ _
l J Sala/laasebaok ( J Creation of leate [ ] Assignment of a laaae [ ] Termination or a letee. Date lease began: ____ _
Original term In years (lno/uding written options),.,_· ___ Remaining term In ye~r• (lnoludlng written options)_
l J Other. Plene explain:----------------------------------
C, Onl>-• pettlllf lntereet In the property wae tranatamid. ( l Y• I J No If YES, Indicate the peroentaga tranaf•rred: _______ %
PART 3. PURCHASE! Piiiicl!'Al!IS 't!RM8 OP SALi! Check and comp,.16 at epp/loable.
A Tctal purohaee price I$ L sro,oco I
B. Cuh down payment or value of trade or exchange excluding ctoelng coate Amount $, _______ _
C. l=lrst d~d of truet @_'Kl inter.t __ ror years. Monthly paym•nt s _______ Amount 1 _______ _
[ J FHA(_ 01eooun1 Point•) [ J Cal-Vet [ I VA(_ Discount Pointe) r J Fl)(e<i race . [ ] Variable rat•
r l Bank/Savlnge & LOfln/Credlt Union [ J Loan carried by HIier
( ] Balloon payment•-----Dua data: ____ _
C>. Second deed of trust@_% lnteroat for __ years. Monthly payment S _____ Amount$ _______ _
r J Fixed Rate I J Variable rate [ J 8ank/Savlr,aa & Loan/Credit Union [ J Loan carried by eeller
[ ] Balloon payment•-----Due date: ____ _
e. W• an Improvement Bond or other publlo flnano1ng aMumeCI by the buyer? [ J YES [ ] NO Outata~lna balance S _______ _
F. Amount, If any, or real eetate commlHlon 1aes paid by the bUyer which are not tnolUded In tt,e puroheae price $ ______ _
G. The property wa, purohaeecl: [ J Through a real eetate broker. Broker name:_::_~. ______ )hone number: _ _.....,...._ __ 'Ip(' Direct rrom eeller [ J From a family mamber-Relatlonshlp ________ __
( )Other, Pleanexplaln: ----------------------------------
H. Please explaln any apeclal terms, eellar conceeelone, broker/agent feee waived, flnanolng, and any other Information (e.g., buyer ... umed the t>Cletlng
loan balance) !hat would ... ret the Aeeeeeor In the valuaHon of your prOl)erty.
PART 4, PROPERTY INPORMATION
A Type of property transferred
{ J s1,_-,1e-ramlly reelclence .,.,
K,Multlple-famlly residence. Number of unite:~
( J Other. Desortptlon: (1.•-, timber, mineral, water rlghte, eto.)
[ J oo-op(OWn-your.own
rrrConaomlnlum
I ) Timeshare
[ J Manufactured home
[ I Unimproved lot
[ l Commerolal/lnduatrlal
e. ( J YES rp(No Pel'80nal/buslness property, or Incentives, provided by seller to buyer are Included In the purchase price. E>camples of personal property
are furniture, fr.lrm equipment, m&Ohlnery, eto. Example& of lnoentlvea are club membtfhlpa, eto. Attach ltst if avallable.
If YES, anttr Iha val1.1e of the peraonaVbuelnesa property •--------lncentlvte $ ______ _
c. [ J YES ~o A. manufactured home la lnolUded In the purohaaa pnoe,
It VES, entflr tM value attributed to the manufactured home, $ _______ _
[ J YES c.,: NO The ~nuraotured home le eubJeot to local property tax. If NO, enter deoal number: _______ _
0, ~ES r' J NO Tha property produc• rental or other Income.
If YES, the Income le from: ~aae/rent [ ] Contract [ J Mineral rights [ J other: ________________ _
e. The oondlllon or the property at the time of sale was: [ J Good [ J Average ,< Fair r 1 · Poor ,
Please detqcjQ.t;
CERTIFICATION
I CfJltlfy (or decla/8) that the foregoing and •II lnfonnetton hereon, lnoludlno any aaoompsnylng .rt11te,hentt or doournent.t, l:t tlW and correct to
the o kno belief. ·
CCAPORAT& CFFIO■R (l'I.IAGI
OATI
TITU:!
Trustee
IIMAIL ADDRHII
sengattom29@grnall.com
PA2019-228
TRF:\SURER-TAX
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PA2019-228
-· 30TH STREET -
SITE PLAN
OCTOBER 2019
SITE ADDRESS
SHEET 1 OF 1
----~--~'---~~ ' 10 20) 6 6 <I \9.91;
• • 4 10,10
' ,1 FS ' ~
110 30TH STREET
NEWPORT BEACH, CA 92663
(APN; 047-083-07)
.,
(10.60)TC "(10.50)TC
10.07 fl . 10.~ FL 6
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WALL
0.67)
POR. OF LOT 11 & 12
BLOCK29
NEWPORT BEACH
M.M. 3/26
--,.---
THE LAND REFERRED TO HEREIN BELOW IS
SITUATED IN THE COUNTY OF ORANGE, STATE
OF CALIFORNIA, AND DESCRIBED AS
FOLLOWS:
THE NORTHEASTERLY 15 FEET OF LOT 11 AND
THE SOUTHWESTERLY 15 FEET OF LOT 12 IN
BLOCK 29 OF NEWPORT BEACH, IN THE CITY
OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP
RECORDED IN BOOK 3, PAGE 26 OF
MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA.
EXCEPTING A STRIP 5 FEET WIDE AT REAR OF
SAID LOT, "RESERVED FOR THE PURPOSE OF
WIDENING ALLEY", AS RECITED IN THE DEED
FROM ROBERT MITCHELL AND URSULA
MITCHELL, HIS
WIFE, RECORDED MAY 11, 1904, IN BOOK 105,
PAGE 232 OF DEEDS.
OWNER/DEVELOPER:
110 30TH STREET, LLC
A CALIFORNIA LIMITED LIABILITY COMPANY
✓
/
SCALE= 1" = 16'
PREPARED BY: A R. H.
~ 10/25/2019
~CRAFT, P.L.S. 8516 DATE
LICENSE EXPIRES 12/31/20
JN: 19019
~ LAND •mw•ri,e-<....; ;) INC. C:::-..~ .... ::--_..
HUNTINGTON BEACH, CALIF"CRNIA 92646
PHCNE:(71 4)488·5 □□6 F"AX:(71 4)333•4440
APEXLSINC@GMAIL.CCM
PA2019-228
Payer:
Address:
Phone#:
County of Orange
OC Public Works
Paul Craft
20422 Beach Blvd, #225
Huntington Beach, CA 92948
(714) 488-5006
Receipt #: R1974822
Posted: 10/24/2019 10: 17 AM
Payer
Application Summary
County Service Center
601 N. Ross Street
P.O. Box 4048
Santa Ana, CA 92702-4048
Operator: System User
Application Number: SVP1900087 Job Address: I IO 30TH ST, NEWPORT BEACH
Legal: Form Subtype: Parcel Map Number Request
Applicant:
Address:
Phone#:
Accumulative Application Charges
Fee Item
5107
Description
Parcel Map Number Issuance
Total Application Charges
Payment Coding
$138.00 40008040059107380F223EF34016
$138.00
Current Application Charges
Fee Item
5107
Type
Credit
Card
Description
Parcel Map Number Issuance
Total Application Charges
Amount Account
$138.00
Printed: 10!2412019 10:20 AM
Charges Coding
$138.00 40008040059107380F223EF34016
$138.00
Payment
Notation
MasterCard-2516-
Total Paid $138.00
Notation
The fees, deposits, dedications, reservations or other exactions imposed by this development approval must be protested, if at all, within the 90
day-approval period imposed by Government Code section 66020.
PA2019-228
Printed: 10/24/2019 10:20 AM
County of Orange
OC Public Works
Receipt#: Rl974822
Posted: 10/24/2019 10:17 AM
County Service Center
601 N. Ross Street
P.O. Box 4048
Santa Ana, CA 92702-4048
Operator: System User
The fees, deposits, dedications, reseivations or other exactions imposed by this development approval must be protested, if at all, within the 90
day-approval period imposed by Government Code section 66020.
PA2019-228
Town & Countzy Escrow Corp.
391 North Main Street, Suite 112
Corona, CA 92880
Attention: Pam Walker
California Title Company
28202 Cabot Road, Suite 625
Laguna Niguel, CA 92677
949-582-8709
PRELIMINARY REPORT
Your no.:
Order No. 420-1994980-12
Property address: 23711 Colima Bay, Dana Point, CA 92629 Order no.:
39787-1
420-1994980-12
Dated: March 7, 2019
In response to the above referenced application for a policy of title insurance, California Title Company hereby reports that it is
prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate
or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not
shown or referred to as an Exception 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 B 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 CL TA and ALT A 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 B.
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 B 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 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.
Dated as ofFebruary 28, 2019 at 7:30 AM
Page 1
Manny Manuel, Title Officer
Ph: 949-582-8709
Email: mannym@caltitle.com
PA2019-228
Order No. 420-1994980-12
The form of policy of title insurance contemplated by this report is:
A.L.T.A Homeowner's Policy (2/03/10) and A.LT.A. Loan Policy (06-17-06)
See attached disclosure.
Schedule "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A fee, as to parcel(s) 1; an easement, as to parcel(s) 2.
Title to said estate or interest at the date hereof is vested in:
Gary A. Glaviano and Dana L. Glaviano, Trustees of the Gary and Dana Glaviano Family Living Trust dated July 3, 2014
The land referred to in this report is situated in the City of Dana Point, the County of Orange, State of California, and is
described as follows:
Parcel 1:
Lot 16 of Tract No. 8038, as per map recorded in Book 316, Pages 26 and 27 of Miscellaneous Maps, in the office of the County
Recorder of said County.
Except all oil, gas and other hydrocarbon substances in and under said land but with no right to use the surface or subsurface area of
said land to the depth of 500 feet measured from said surface as reserved in various deeds ofrecord.
Parcel 2:
A non-exclusive easement for the purposes set forth in and over the land described in Paragraph 4 of the Supplementary Declaration
of Covenants, Conditions and Restrictions recorded January 26, 1973 in Book 10529, Page 358, Official Records of Orange County,
California.
Assessor's Parcel Numbers(s): 672-041-20
Page2
PA2019-228
Order No. 420-1994980-12
Schedule "B"
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
General and Special taxes for the fiscal year 2019-2020, including any assessments collected with taxes. A lien not yet
payable.
First installment due and payable 11/01/2019. delinquent if not paid by 12/10/2019
Second installment due and payable 02/01/2020, delinquent if not paid by 04/10/2020
2 General and Special taxes for the fiscal year 2018-2019, including any assessments collected with current taxes.
Total amount $11,387.24
I st installment $5,693.62, Paid
Penalty $569.36 ( after 12/10/2018)
2nd installment $5,693.62, Open
Penalty $592.36 (after 04/10/2019)
Code area 28-026 -City of Dana Point
Parcel No. 672-041-20
Exemption $7,000.00
3 The Lien of future supplemental taxes, if any, assessed pursuant to the provisions of section 75, et seq of the revenue and
taxation code of the state of California
4 Covenants, conditions and restrictions in an instrument recorded I 2 01 1969, in Boob. 9 l 53, Page 259. Official Records,
which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in
good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap,
familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section
3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons.
5
6
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction based orrace,
color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and
federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful
restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
An instrument declaring a modification thereof was recorded 06/11/1970, in Book 9114, Page 'i7), Official Records
An instrument declaring a modification thereof was recorded 06/14/1974, in Book I) 171, Pai,w 1453, Official Records
An instrument declaring a modification thereof was recorded 06/14/1974, in Book 111 71, Page l " 18, Official Records
An instrument declaring a modification thereof was recorded O 1/29/ l 990, as Instrument No. I 990-51102, Official Records
A Deed of Trust to secure the indebtedness of
Amount: $820,000.00
Trustor: Gary Glaviano and Dana Glaviano, husband and wife as community property with
Trustee:
Beneficiary:
Dated:
Recorded:
right of survivorship
Title365
Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Nations Direct Mortgage, LLC, a Limited Liability Company, and its
successors and assigns.
02/14/2013
02/25/2013, as Instrument No. 2013-113333 of Official Records
The requirement that we be furnished a copy of the Gary and Dana Glaviano Family Living Trust dated July 3, 2014
Trust and any amendments thereto. A certification of said trust "may be" acceptable if made pursuant to probate code
section 18100.5 and qualified as a trust under section 82 of probate code.
Page 3
PA2019-228
Order No. 420-1994980-12
7 Any assessments due the current managing Association(s).
8 The effect of documents, proceedings, liens, decrees or other matters which do not specifically describe said land, but which,
if any do exist, may affect the title or impose liens or encumbrances thereon. The name search necessary to ascertain the
existence of such matters has not been completed and will require a statement of information from all parties involved in this
transaction.
End of Schedule B
Page4
PA2019-228
Order No. 420-1994980-12
"NOTES AND REQUIREMENTS SECTION"
CALIFORNIA TITLE COMPANY
NOTENO.1
AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT NOTICE
This is to give you notice that Orange Coast Title Company is a shareholder in California Title Company
and Orange Coast Title Company owns an interest in Real Advantage Title Insurance Company. This
underwriter may be chosen by California Title Company and this referral may provide Orange Coast
Title Company a financial or other benefit.
You are NOT required to use the listed provider as a condition for settlement of your loan or purchase,
sale or refinance of the subject property and you have the opportunity to select any of the California Title
Company title insurance underwriters for your transaction. 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
Notes section continued on next page ...
Page 5
PA2019-228
Order No. 420-1994980-12
NOTEN0,2
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January l, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as
California State Income Tax, subject to the various provisions of the law as therein contained.
NQTE NQ 3 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct demand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
NOTEN0,4
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub-escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub-escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub-escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub-escrow funds received by the
Company will be deposited with other funds in one or more non-interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and/or its parent Company. Those benefits may include, without limitation, credits allowed by such financial
institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such loans,
accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub-escrow.
Note No, 5: The premium for the requested title work shall be split between the agent and underwriter 90%-10%.
Page6
PA2019-228
()
Attention:
Borrower: Martin
Lenders supplemental report
California Title Company
28202 Cabot Road, Suite 625
Laguna Niguel, CA 92677
949-582-8709
Order No. 420-1994980-12
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 policy form as follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This
report discloses nothing, which would preclude the issuance of said American land title association loan policy of title
insurance with endorsement no. 100 attached thereto.
B. The improvements on said land are designated as:
A single family dwelling (Planned Unit Development)
2371 I Colima Bay, in the City of Dana Point, County of Orange, State of California.
C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of
this report are as follows:
None.
Page 7
PA2019-228
Order No. 420-1994980-12
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed. Thatlegal
description page immediately follows this page.
Thank you for your support of California Title Company. We hope that this makes your job a little easier.
Page 8
PA2019-228
Order No. 420-1994980-12
Exhibit "A"
Parcel 1:
Lot 16 of Tract No. 8038, as per map recorded in Book 316, Pages 26 and 27 of Miscellaneous Maps, in the office of the County
Recorder of said County.
Except all oil, gas and other hydrocarbon substances in and under said land but with no right to use the surface or subsurface area of
said land to the depth of 500 feet measured from said surface as reserved in various deeds of record.
Parcel 2:
A non-exclusive easement for the purposes set forth in and over the land described in Paragraph 4 of the Supplementary Declaration
of Covenants, Conditions and Restrictions recorded January 26, 1973 in Book 10529, Page 358, Official Records of Orange County,
California.
Page 9
PA2019-228
Order No. 420-1994980-12
CLTA Preliminary Report Form-Exhibit B (06-03-11)
CLTA STANDARD COVERAGE POLICY-1990
EXCLUSIONS FROM COVERAGE
The followins 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:
I. (a) Any law, ordinance or sovernmentol rcgulotion (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 im~rovcmonl now or horooftor oroctcil on the land, (ih) a separation In ownership or a change in the dimensions or area of the land or any_parcel of wnich die load i, oiwa,
a part; or (iv) environmental protection, or the effect of any violation of these Jaws, ordinanoos or governmental re~lations1 except to the extent that a notice of the enforcement thereoror a notice of a defect. Hen, or
encumbrance resulting from a violation or alleged violotion affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, excopl to tho oxtont thala
notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violotion ofl'eoting the land ha, been recorded in the public records at Date of Poltcy.
2. Rishts of eminent domoin unloss notice of the e,ercise thereof has been recorded in the public records at Date of Policy, but not exeludins from coverage ony taking which ha, occurred prior to Date of Policy which would
be binding on the rights of a purchaser for value without knowledg_e.
3. Defoct,, lien•. encumbrnnces, adverse claims or other maners: (a) whether or not recorded in the eublic 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 record, at Date of Policy, but known to the insured claimant antl not disclosed in writing to the Company br the insured claimant pnor to the oote the insured claimant became an insured
under this policy; (c) resulting m no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Poficy; or (e) resultmg in loss or damage which would not have been sustained if the insured claimant
had paid value for tho insured mortg"I!• or for the estate or interest insured by this policy.
4. Unenforceability of the lien oftlie msured mort,sage because of the inability or failure of the insured at Date of Policy, or the inability or failure ofany subsequent owner of the indebtedness, to comply with the applicable
doing business laws of the state in which the land 1s situated.
5. Invalidity or unenforceability of the lien of the insured mongage, or claim thereof, which arises out of the transaction evidenced by the insured mongage and is based upon usury or any consumer credit protection or truth
in lending faw
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 offederal 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 Jl:ay costs, attorneys' fees or expenses) which arise by reason of:
I. Taxes or assessments which are not shown as existlng liens by the records of any taxmg 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, rishts, 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, hens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shonage 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 POLICY OF TITLE INSURANCE (02/03/10)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building, b. zoning, c.land used. 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 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 referential transfer or as a fraudulent transfer or conve ance under federal bankru tc state insolvenc or similar creditors' ri hts laws.
LIMITATIONS ON COVERED RISKS
our msurance or e o owing over s s 1s 1m1t on t e wner s overage tatement as o ows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount end Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
YrnlT Dedamtible Amrnmt Our Maximum Donar I imit ofl iahUity
Covered Risk 16: 1 % of Policy Amount shown in Schedule A or$ 2,500 (whichever is less) $10,000
Covered Risk 18: 1 % of Policy Amount shown in Schedule A or$ 5,000 (whichever is less) $ 25,000
Covered Risk 19: 1 % of Policy Amount shown in Schedule A or$ 5,000 (whichever is less) $ 25,000
Covered Risk 21: 1 % of Policy Amount shown in Schedule A or$ 2,500 (whichever Is less) $ 5,000
ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, COSIS, attorney~ fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zonin11 ordinances and also laws and regulations concerning: • land use • improvements on the
land • lend division 'environmental protoction. This exclusion does not apply to violations or the enforcement of these matters wliich appear in the public records at Policy Date. This exclusion does not limit the zoning
coverage described in Items 12 and 13 of Covered Title Risks.
2. The right to take the land by condemning it, unless: •a notice of exercising the right appears in the public records •on the Policy Date 'the taking happened prior to the Policy Date and is binding on you if you bought the
land without knowing of the talcing
3. Title Risks: •that arc et'OQtod, allowod\ or cigrcGd to by )'.OU •that arc known m you, but not to us, on the POiicy Date -unless they appeared in the public records *that result in no loss to you •that first affect your title after
the Policy Date -this does not limit the abor and material lien coverage in Item 8 of Covered Title Risks
4. Failure to pay value for your tide.
5. Laci< of a right: •to any land outside the area specifically described and referred to in Item 3 of Schedule A OR 'in streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage in
Item 5 of Covered Title Risks.
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occuponcy, 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.
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 damoge to
the Insured Claimant; (d) anaehing 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 Claimont had paid value for the Insured Mongage.
4. Unenforceability of the lien of the Insured Mongage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state in which 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 eny 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 Tide for real estate taxes or assessments imposed by governmental authority and created or anaching between Date of Policy and the date of recording of the Insured Mongage in the Public Reoords. This
Exclusion does not modify or limit the coverage provided under Covered Risk I l(b):
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of:
I .(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may
result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2.Any facts, rights, interests or elaims which are not shown by the Public Records but !hot could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4.Any encroachment, encumbrance, violation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, reguloting, 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
Page 10
PA2019-228
Order No. 420-1994980-12
regulations. This Exclusion l(a} does not modify or limit the coverage provided under Covered Risk S. (b} Any governmental police power. This Exclusion J(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. Defeots, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed. or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of
Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or
damage to the Insured Claimant; (d} attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or
damage that would not have been ,ustained if the Insured Claimant had paid volue for the Title.
4. Any claim, by reason of the operation of federal b«nkruptQ)'1 otato immlvc;m;y, or similar creditors· rights laws, that the trantaction veating the Title as shown in Schedule A1 i5 (a.) a fraudulent conveyance or fraudulent
transfer; or (b) a preferential transfer for any reaoon not stoted in Coverod Ri,k 9 of this policy.
S Any lien on the Title forreal estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recordins of the deed or other in,trument of transfer in the Public
Records that vests Title a, shown in Schedule A.
The above policy form m•y be iDAued to afford oilhor Slondord Cov•mg• or Extondcd Coverage. In addition to the above Bxcluslons from Coverage, the !;xception, from Coverage in a Standard Coverage policy will al,o
include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys· fees or expenses) that arise by reason of:
I. (a} Taxes or assessments that are not shown as existing liens by the records of any ta,cing authority that levies 18Jces or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may resultin taxes or assessments, or notices of such proceedings, whether ornot shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspeotion of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachmen~ encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records.
S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c} water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are
shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)
EXCLUSIONS FROM COVERAGE
The following matters are expres~y 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:
I. (a) Any law. ordinance, permi~ or governmental regulation (including but not limited 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 the land; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations
This Exclusion J(a) does not modify or limit the coverage provided under Covered Risks 5, 6, IJ(c), 13(d), 14. and 16.(b) Any governmental police power. This Exclusion l(b)does not modify or limit the coverage provided
under Covered Risks 5, 6, IJ(c), 13(b), 14, and 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defeots, liens, encumbrances, adverse claims or other mattera (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 priorto the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or
damage to the Insured Claimant;(d) aneching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks I I, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 26);
or(e}resulting in toss or damage which 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 the Insured to comply with applicable doing-business laws of the state in which the Land is situated.
S. 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 usuiy, or any consumer credit protection or truth
in lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforccability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no
longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I.
7. Any lien on the Title for real estate taxes or assessments imposed by govemmentol authority and created or attaching subsequent to Date of Policy in accordance with applicable building codes. This Exclusion does not
modify or limit the coverage provided in Covered Risk S or 6.
8. The failure of the residential structure, or any portion of i~ to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage
provided in Covered Risk S or 6.
9. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent
transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b} of this policy.
Page 11
PA2019-228
Order No. 420-1994980-12
California Title Company
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information -particularly an)' personal or f'mancial information. We agree that
you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this Privacy
Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
•
•
•
•
Information we receive from you on applications, forms and in other communications to us, whether in writing, iiperson,
by telephone or any other means.
Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate
agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about
die property that is the subject of your transaction with us).
Information about your transactions with us, our Affiliated Companies, or others; and
Information we receive from a consumer reporting agency .
Use of Information
We request information from you for our own legitimate business p~oses and not for benefit of any nonaffiliated party. Therefore,
we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have
requested of us; or (2) as permitted by law. We may, however, store such information indefmitely, including the period after which
any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or
customer analysis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your mformat10n will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new
Privacy Policy betore the new policy becomes effective.
Page 12
PA2019-228
Order No. 420-1994980-12
California Title Company
28202 Cabot Road, Suite 625
Laguna Niguel, CA 92677
949-582-8709
DECLARATION OF OCCUPANCY
(Loan Transaction)
The undersigned,-------------------------------~
(owner's name) depose(s) and say(s) as follows:
1. The undersigned is/are the owner(s) of certain real property situated in the City of Dana Point, County of
Orange and State of California, commonly known as 23711 Colima Bay, herein referred to as "Property":
2. The undersigned is/are obtaining a loan from ____________________ _
to be secured by a Deed of Trust against the Property, which is the subject of this transaction.
3. The undersigned currently occupy the Property as the undersigned's principal address, and intend to
continue to occupy the same as the undersigned's principal residence following the close of this
transaction.
4. The undersigned understand(s) that California Title Company is relying on this information in calculating
the recording fees for all real estate instruments, papers, and notices recorded in connection with this
transaction in accordance with California Government Code § 2 7 3 88.1 ( a)(2).
5. The undersigned agree(s) to indemnify and hold California Title Company harmless from and against,
and to pay any additional recording fees and/or penalties arising out of, or in connection with, the
inaccuracy of the information set forth herein.
The undersigned declare( s) under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on-----~ at _________ _.,
By: By:
Name: Name:
Page 13
PA2019-228
I (We)
Order No. 420-1994980-12
CERTIFICATION OF TRUST
PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5
, 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 Trust was amended on (or enter "No Amendments")
3. The settler(s) of the trust are as follows: __________________ _
4. The currently acting trustee(s) of the trust is (are):
5. The power of the trustee(s) includes:
(a) The powers to self, convey and exchange [ ] YES [ ] NO (check one)
(b) The powers to borrow money and encumber the trust property with a deed of trust or mortgage
[ ] YES [ ] NO (check one)
6. The trust is: (check the applicable box)
(a) revocable [ ];
(b) irrevocable [ ] and the following party (ies), if any, is (are) identified as having the power to
revoke the trust:
7. The trust: (check the applicable box)
(a) does have multiple trustees [ ];
(b) does not have multiple trustees [ ]; 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.
8. The trust identification number is as follows: ________ (Social Security No./Employee ID)
9. 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,
which would cause the representations, contained herein to be incorrect. The certification is being signed by all currently
acting trustee(s) and is being executed in conformity with the provision of California Probate Code Section 18100.5,
Chapter 530, Statutes of 1993.
Document Date: __________ _
by: ____________ _ by: ____________ _
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.
Page 14
State of California }
County of______ S.S.
On ___________ __, before me, ___________________ __,
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 this
instrument.
I certify under PENALTY 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: __________ _
(Notary Seal)
PA2019-228
Order No. 420-1994980-12
STATEMENT OF FACTS
CONFIDENTIAL INFORMATION FOR YOUR PROTECTION
This statement is to be signed personally by each party to the transaction and by both husband and wife, or domestic partner before title insurance can be written. When
filled in completely it will serve to establish identity, eliminate matters affecting persons of similar name, protect you against forgeries, and speed the completion of your
transaction.
MYFULLNAME (First, Middle, Last) _______________ .Date of Birth: ______ _
Business Ph: _________ Home Ph: _________ Birthplace: __________ _
SS# ______ _,Driver's License No. ______ Expiration Date ____ State Issued _____ _
I have lived continuously in the USA since: _________________________ _
Full name of spouse/domestic partner: (First, Middle, Last) __________________ _
Spouse/domestic partner's Birthplace: ______________ Date of Birth: ________ _
Spouse/domestic partner's SS# I have lived continuously in the USA since: _____ _
We were married/legally joined on : at _____________ _
Spouse/domestic partner's maiden name:
RESIDENCES & OCCUPATIONS DURING PAST IO YEARS
Street _________________ City ________ From _____ to ___ _
Street City From to ___ _
Street City From to ___ _
OCCUPATIONS
(Husband/Domestic partner) Firm Name: _________________ Location: _______ _
(Wife/Domestic partner)
Any Former
Marriages
( check one item -
fill in date & place)
Firm Name: Location: _______ _
Firm Name: Location: _______ _
Firm Name: Location: _______ _
Firm Name: Location:
(If no former marriage/union, write --none" Otherwise complete the following)
Name of former wife/domestic partner: ___________________________ _
Deceased: __ Divorced: __ Interlocutory: __ Final: __ When: ____ Where: ________ _
Name of former husband/domestic partner: __________________________ _
Deceased: Divorced: Interlocutory: Final: When: Where:
There are no leases, defects, encumbrances, adverse claims, or other matters affecting said property other than as
Shown on the Preliminary Report prepared by: ______________________ _
Bearing the above referenced order number dated: ____________________ _
There is no-one in possession or entitled to possession of said property other than the Vestee shown in said
Preliminary Report except: ____________________________ _
There is no work of improvement in progress and no such work has been completed within one year of this date:
(Circle One) YES NO
The Street address of the property in this transaction is: ______________________________ _
Single Family Residence: ___ Multiple Residence: ____ Commercial: ____ Vacant Land: __ _
Occupied By: Owner: Lessee: Tenants: ____ _
Is any portion of new loan funds to be used for construction? (circle one) YES NO
The subject of this Statement of Identity, assumes full responsibility for any and all discrepancies, and agrees to hold harmless the recipient herein
from any losses sustained by relying on such information.
Date:
(Signature)
Order No: 420-1994980-j 2
(Signature)
Page 15
PA2019-228
Town & Country Escrow Corp.
391 North Main St, Suite 112
Corona, CA 92880
Attn: Pamela Walker
Your Reference No:
Commonwealth Land Title Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Phone: (800) 432-0706
Our File No: 09195795
Title Officer: Kathy Religioso
e-mail: kathy.religioso@cltic.com
Phone: (213) 330-2330
Fax: (213) 330-3105
Property Address: 110 30th Street, Newport Beach, California
PRELIMINARY REPORT (V3)
Dated as of April 9, 2019 at 7:30 a.m.
In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby
reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing
the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the
printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set
forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less
than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the
Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA
Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for
certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from
the office which issued this report.
The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance
Company.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of
this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not
covered under the terms of the title insurance policy and should he 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.
PA2019-228
Order No: 09195795-919-KRC-KRE
SCHEDULE A
The fonn of policy of title insurance contemplated by this report is:
ALTA Extended Loan Policy of Title Insurance (6-17-06)
The estate or interest in the land hereinafter described or referred to covered by this report is:
AFEE
Title to said estate or interest at the date hereof is vested in:
Bernardino D' Aquila and Lia D' Aquila, husband and wife as joint tenants
The land referred to herein is situated in the County of Orange, State of California, and is described as follows;
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
PA2019-228
Order No: 09195795-919-KRC-KRE
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of California, described as follows:
THE NORTHEASTERLY 15 FEET OF LOT 11 AND THE SOUTHWESTERLY 15 FEET OF LOT 12 IN BLOCK 29 OF
NEWPORT BEACH AS PER MAP RECORDED IN
BOOK 3, PAGE 26 OF MISCELLANEOUS MAPS, IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE,
ST ATE OF CALIFORNIA.
Assessor's Parcel Number: 047-083-07
PA2019-228
Order No: 09195795-919-KRC-KRE
SCHEDULE B -Section A
The following exceptions will appear in policies when providing standard coverage as outlined below:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes
or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes
or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public
Records.
2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by an
inspection of the Land or that may be asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the
Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
PA2019-228
Order No: 09195795-919-KRC-KRE
SCHEDULE B -Section B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be
as follows:
A. Property taxes, which are a lien not yet due and payable. including any assessments collected with taxes to be levied
for the fiscal year 2019-2020.
B. Propeny taxes. including any personal property taxes and any assessments collected with taxes. are as follow:,:
Tax Identification ~o.:
Fiscal Year:
l st Installment:
2nd Installment:
Homeowners Exemption:
Code Area:
047-083-07
2018-2019
S3.724.35. PAJU
$3.724.35. PAlD
S0.00
07-001
C. A :--.Joticc
Entitled:
For:
Executed by:
Recording Date:
Recording No:
'\Jotice of Assessmem
Assessment District '.\o. Ii l
City of~ewport Beach
May IL 2016
20160002 l 0857 Official Records
Reference is hereby made to said document for full particulars.
D. The lien of supplemental or escaped assessments of property taxes. if any. made pursuant to the provisions of
Chapter 3.5 (commencing with Section 75) or Pa11 2. Chapter 3. Articles 3 and 4. respectively. of the Revenue and
Taxation Code of the State of California as a result of the transfer of title to the vestcc named in Schedule A or as a
result of changes in ownership or new construct10n occurring prior to Date of Policy.
I. Water rights. claims or title to water. whether or not disclosed by the public records.
Covenants. conditions and restrictions but omitting any covenants or restrictions. if any. including but not limited to
those based upon race. color. religion. sex. sexual orientation. familial status. marital status. disability, handicap.
national origin. citizenship. immigration status. primary language. ancestry. source of income, gender. gender
identity. gender expression. medical condition or genetic information. as set forth in applicable state or federal laws.
except to the extent that said covenant or restriction is permitted by applicable Jaw. as set forth in the document
Recordmg Date: March 10. 1918
Recording No: In Book 84 Page 174 of Deeds
Said covenants. conditions and restrictions proYide that a Yiolation thereof shall not defeat the lien of any mortgage
or deed of trust made in good faith and for value.
PA2019-228
Order No: 09195795-919-KRC-KRE
3. A deed of trust to secure an indebtedness in the amounr shown belov..
Amount:
Dated:
Trustor.1Grantor
Trustee:
Beneficiary:
Loan No.:
Recording Date:
Recording No:
S469.500.00
March 25. 2003
Bernardino D'Aquila ~.ml Lia D'Aquila. husband and wil'e
Pomona Fmancial SenH:c. Inc.
PFF Bank & Trust. a Corporation
070105345
April 1. 2003
20030003573 l 6 Otlicial Records
An assignment of the beneficial interest under said deed of trust v,:hich names:
Assignee:
Loan ;\lo.:
Recording Date:
Recording No:
L;.S. Bank. Xational Association
70205345
August 4. 20 I 1
2011000381733 Official Records
-1-. Matters which may be disclosed by an inspection and. or by a correct ALTAXSPS Land Title Survey of said Land
that is satisfactory to the Company. and,or by inquiry of the panics in possession thereof
5. Any easements not disclosed by the public record!> as tu matters affecting title to real property, \;\·hether or not said
easements are visible and apparent.
o. Discrepancies. conflicts in boundary lines. shortage in area. encroachments. or any other matters which a correct
survey would disclose and which arc not sho\\'n by the public records.
7. Any rights of the parties in possession of a portion ot or all of. said Land. which rights are not disclosed by the
public records.
The Company will require. for review. a full and complete copy of any unrecorded agreement. contract. license
and/or lease, together with all supplements. assignments and amendment:-; thereto. before issuing any policy of title
insurance without excepting this item from coverage.
The Company reserves the right to except additional item::, and, or make aJditional requirements afrer reviewing said
documents.
8. Reserving therefrom the Southeasterly 5 feet of said land for the widening of alleyway as disclosed by Deed
recorded May 11, 1904 in Book 105 Page 232 of Deeds.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR
INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
PA2019-228
Order No: 09195795-919-KRC-KRE
REQUIREMENTS SECTION:
l. Prior to the close of l.:'Scrow. the Company requires a Statement of Information to be completed by the following
party(s).
Party(s): All Parties
The Company reserves the right to add additional items or make further rcquiremt:nts atlcr review of the requested
Statement of Information .
.., unrecorded matters which may be disclosed by an Owner's AffidaYit or Declaration. A form of the Owner's
Affidavit/Declaration is attached to this Preliminary Report,Commitmcnt. This Affidavit.Declaration is to be
completed by the record owner of the land and ~ubmitted for review prior to the closing of this transaction. Your
prompt attention to this requirement will help amid delays in the closing or this transaction. Thank you.
The Company reserves the right to add additional items or make further requiremems after review of the requested
Affidavit/Declaration.
PA2019-228
Order No: 09195795-919-KRC-KRE
INFORMATIONAL NOTES SECTION
1. The information on the attached plat is provided for your convenience as a guide to the general location of the
subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to
which it may be attached.
2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer.
3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,
distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving
Land that is associated with these activities.
4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer
Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid
or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document,
the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.
5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand
arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance
or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of
the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your
Title Insurance coverage.
6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction
that includes the conveyance of title by an agency of the United States must be approved in advance by the
Company's State Counsel, Regional Counsel, or one of their designees.
7. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form
9 to an Extended Coverage Loan Policy, when issued.
8. Note: The Company is not aware of any matters which would cause it to decline to attach CLT A Endorsement
Form 116 indicating that there is located on said Land multiple family residence, known as 110 30th Street, Newport
Beach, CA, to an Extended Coverage Loan Policy.
9. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
Typist: 2sm
Date Typed: March 12, 2019
PA2019-228
Order No: 09195795-919-KRC-KRE
ATTACHMENT ONE
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses which arise by reason of:
I. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement
now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except
to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation
affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from
coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to
the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
( c) resulting in no loss or damage to the insured claimant;
( d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate
or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure ofany
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:
I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of
such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which
may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not
shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material not shown by the public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not
limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;
b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;
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
Attachment One (6-5-14) CA & NV
PA2019-228
Order No: 09195795-919-KRC-KRE
b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency,
or similar creditors' rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Covered Risk 16:
Covered Risk I 8:
Covered Risk 19:
Covered Risk 21 :
Your Deductible Amount
1.00% % of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less)
1.00% % of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less)
1.00% of Policy Amount Shown in Schedule A or
$5,000.00 (whichever is less)
1.00% of Policy Amount Shown in Schedule A or
$2,500.00 (whichever is less)
2006 ALTA LOAN POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
Our Maximum Dollar
Limit of Liability
$ 10,000.00
$25,000.00
$25,000.00
$5,000.00
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:
I. (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 I (a) does not modify or limit the
coverage provided under Covered Risk 5.
(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 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 I I, 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
l l(b).
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
(Except as provided in Schedule B -Part II,( t( or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys'
fees or expenses, that arise by reason of:
(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:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be
asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
Attachment One (6-5-14) CA & NV
PA2019-228
Order No: 09195795-919-KRC-KRE
4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete
land survey of the Land and not shown by the Public Records,
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor or material not shown by the Public Records.
PARTII
In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or
damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)
2006 ALTA OWNER'S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or
expenses that arise by reason of:
I. (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 I (a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion I (b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing
to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
( c) resulting in no loss or damage to the Insured Claimant;
( d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and IO); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the
date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A
The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,
the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:
(The above policy fonn 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:
I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or
by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not
shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be
asserted by persons in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete
land survey of the Land and that are not shown by the Public Records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6, Any lien or right to a lien for services, labor or material not shown by the Public Records,
7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.)
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
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:
I. (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 I (a) does not modify or limit the
coverage provided under Covered Risk 5, 6, 13(c), 13(d), i4 or 16,
(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14
or 16.
Attachment One (6-5-14) CA & NV
PA2019-228
Order No: 09195795-919-KRC-KRE
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing
to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17,
18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of
the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured
Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage
provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured
has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not
modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.
This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable
building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation offederal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of
the Insured Mortgage, is
{a) a fraudulent conveyance or fraudulent transfer, or
(b) a preferential transfer for any reason not stated in Covered Risk 27(b) ohhis policy.
I 0. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Attachment One (6-5-14) CA & NV
PA2019-228
Order No: 09195795-919-KRC-KRE
Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its
subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the
delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this
notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction
may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company
representative. These discounts are generally described below; consult the rate manual for a full description of the
terms, conditions and requirements for such discount. These discounts only apply to transactions involving services
rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved
with a one-to-four family residential dwelling.
FNF Underwritten Title Company
LTC -Lawyers Title Company
Available Discounts
DISASTER LOANS (CLTIC)
FNF Underwriter
CLTIC -Commonwealth Land Title Insurance Co.
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner
of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or
the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will
be 50% of the appropriate title insurance rate.
EMPLOYEE RATE (LTC and CLTIC)
No charge shall be made to employees (including employees on approved retirement) of the Company or its
underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,
refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only
in connection with those costs which the employee would be obligated to pay, by established custom, as a party to
the transaction.
Notice of Available Discounts Mod. 10/2 I /20 I I
Page 13
PA2019-228
Inquire before you wire!
Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they
simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with
this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone
number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
• NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in
the course of a transaction.
• ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who
sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone
numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction
as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the
email may be intercepted by the fraudster.
• USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your
passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for
other online accounts.
• USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific
instructions on how to implement this feature.
For more information on wire-fraud scams or to report an incident, please refer to the following links:
Wire Fraud Alert
Federal Bureau of Investigation:
ltttp:llwww.fbi.gov
Internet Crime Complaint Center:
!zttp:lhvww.ic3.gov
Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17)
TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved
PA2019-228
FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to
protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such
information, and the choices you have about the use and disclosure of that information.
Types of Information Collected
We may collect two types of information from you; Personal Information and Browsing Information.
Personal Infonnation. FNF may collect the following categories of Personal Information:
• contact information (e.g., name, address, phone number, email address);
• demographic information (e.g., date of birth, gender, marital status);
• identity information (e.g., Social Security Number, driver's license, passport, or other government ID number);
• financial account information (e.g., loan or bank account information); and
• other personal information necessary to provide products or services to you.
Browsing Information, FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service,
or application (each an "FNF Website") from your Internet browser. computer, and/or mobile device:
• Internet Protocol (IP) address and operating system;
• browser version, language, and type;
• domain name system requests; and
• browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF
Website
How Personal Information is Collected
We may collect Personal Information about you from:
• information we receive from you on applications or other forms;
• information about your transactions with FNF, our affiliates, or others; and
• information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through
others.
How Browsing Information is Collected
If you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log each
visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration,
troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you,
though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain
browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet
browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For
example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can
choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of
the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our
websites.
Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser.
Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any of
those other websites. We advise you to read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
• To provide products and services to you or in connection with a transaction involving you.
• To improve our products and services.
• To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently.
When Information Is Disclosed
We may make disclosures of your Personal Infonnation and Browsing Information in the following circumstances:
• to enable us to detect or prevent criminal activity, fraud. material misrepresentation, or nondisclosure;
• to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to
provide such services or functions;
FNF Privacy Statement (Eff. 5/1/20 I 5) Last Updated May I, 20 I 8
MISC02 ! 9 (DSI Rev. 4/2.3/18)
Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved
Page I Order No. 09195795-919-KRC-KRE
PA2019-228
• to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market
financial products or services to you;
• to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or
• in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property,
or safety ofFNF, its customers, or the public.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose
your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your
Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law,
We reserve the right to transfer your Personal Information, Browsing Information, and any other infonnation, in connection with the sale or other
disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment
for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use
and/or transfer of the foregoing information in connection with any of the above described proceedings.
Please see "Choices With Your Information" to learn the disclosures you can restrict.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information
about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this
Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws.
Choices With Your Information
If you do not want FNF to share your information with our affiliates to directly market to you, you ·may send an "opt out" request by email, phone, or
physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market
to you.
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or
Browsing Information, FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by California law.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set
forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer
Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132;
email: BCPINFO@ag.state.nv.us.
For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing
purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for
marketing purposes.
For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information,
financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law,
unless you authorize us to make those disclosures.
Information From Children
The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal
Information from any person that we know to be under the age of thirteen ( 13) without permission from a parent or guardian.
International Users
FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or
Browsing Information to us, please note that we may transfer that information outside of your country ofresidence for any of the purposes described
in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and
use of such information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of
mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer
or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing
and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and
access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required or
authorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessary
to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety ofFNF or the public.
FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018
MISC0219 (DSI Rev. 4/23/18)
Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved
Page 2 Order No. 0919S79S-919-KRC-KRE
PA2019-228
Your Consent To This Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance
with this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be posted
on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us
will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information
collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without
notice or compensation to you.
Accessing and Correcting Information; Contact Us
If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing,
send your requests via email to privacy@fuf.com, by phone to (888) 934-3354, or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018
MISC0219 (DSI Rev. 4/23/18)
Copyright © 2018. Fidelity National Financial, Inc. All Rights Reserved
Page 3 Order No. 09195795-919-KRC-KRE
PA2019-228
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undariaa and other Jan , and is not asurvey o the and
cop1 to the ext0nt a policy ofdtlo insurance is expressly modified by endorsement, It any, the Compeny does not i · '
acreage or other maltors shown theroon.
PA2019-228
OWNER'S DECLARATION
The undersigned hereby declares as follows:
1. (Fill in the applicable paragraph and strike the other)
a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain prermses located at
b.
-----------------------------------------' further described as follows: See Preliminary Report/Commitment No. 09195795-919-KRC-KRE for full legal
description (the "Land").
Declarant is the _____________ of _________________ ("Owner"),
which is the owner or lessee, as the case may be, of certain premises located at
further described as follows: See Preliminary Report/Commitment No. 09195795-919-KRC-KRE for full legal
description (the "Land").
2. (Fill in the applicable paragraph and strike the other)
a. During the period of six months immediately preceding the date of this declaration no work has been done, no
surveys or architectural or engineering plans have been prepared, and no materials have been furnished in
connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land
or in connection with the improvement of the Land in any manner whatsoever.
b. During the period of six months immediately preceding the date of this declaration certain work has been done and
materials furnished in connection with ___________________ upon the Land in the
approximate total sum of $ ____ _, but no work whatever remains to be done and no materials remain to be
furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid
bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the
services of architects, surveyors or engineers, except as
follows: _____________________________ ___. Owner, by the
undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title
Company against any and all claims arising therefrom.
3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof
is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.
4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages,
deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the
Land or that affect the Land but have not been recorded in the public records.
5. The Land is currently in use as ___________ occupy/occupies the Land; and the
following are all of the leases or other occupancy rights affecting the Land:
6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements,
claims of easement, or boundary disputes that affect the Land.
7. There are no outstanding options to purchase or rights of first refusal affecting the Land.
8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received
no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting
the Property.
Owner's Declaration MISC0220 (DSI Rev. 6/23/16)
PA2019-228
This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance
Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements.
Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses,
and costs) incurred by the Company as a result of any untrue statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed
on at _________ _
Signature: ______________ _ Signature: _________________ _
Owner's Declaration MISC0220 (DSI Rev. 6/23/16)
PA2019-228