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HomeMy WebLinkAbout20191217_ApplicationPA2111-2,1 Coiramu_ .• nity Develop.ment Dep.artme. nt ltJ 142/ I a ·1 / 100 Civic Center Drive Planning Permit Apphcat1on Newport8each,california92660 CffY OF NEWPORT BEACH 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Pennit - 0 Waiver for De Minimis Development O Seasonal O < 90 day 0>90 days D Coastal Residential Development D Modification Pennit D Condominium Conversion O Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit 0 Development Plan D Site Development Review -D Major D Minor D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parcel No(s) 949 644-3200 newportbeachca.gov/communitydevelopment D Staff Approval 0 Tract Map D Traffic Study___ / 0 Use Permit -6J{(,finor Oconditional 0 Amendment to existing Use Permit D Variance · 0 Amendment ·0Code OPC 0GP OLCP D Other: · /\l\ I vit.ttc, 3 ~1rv"' 5P,,e.q./ ,V<UA,(6tS-he1,GL, CPI-'t,)kG() j)';;. t 3. Project Description and Justification (Attach additional sheets if necessary): :}1<1 ·~j-e w !~ S ~ e UJ'lf5i'1e c&·n/c.. I \1 i 5. Contact/Compani Name .... 1 ---.......... -- ' 'el'\ '·~ 6. Owner Name 1.-t-,;~==f:.=====-"'::;::===""t================i------;===::;;;~ ~~~-==~~==~=' .. t1.=t=',=6Jy~'J2=R)=· :::::;----;=:====-====:..j _;,S~u~ite/Unit [ZQ s.'" :J ~=r:====~==--=Statel L J4'. I Zip[qAH6 I Fax [-j Emau 16 Jo:h{~ ~~ w./-@ ?~1 /. c:;;;; 7. Property Owner's Affidavit*: (I) (We) I f )i,411:J. I depose and say that (I am) (we are) the owners) of the property (ies) involved in this application. (I) (We) further certify, under pen lty f perjury, that the foregoing statements and answers herein contained and the information herewith submi a ar, in an respects true and correct to the best of (my) ( our) knowledge and belief. Signature(s}: lltle: I Date: .... 1 ____ __. DD IMO/YEAR Signature(s): ---------------Title: .... I ___ ~ ____ ___.I Date:------- *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. f:1tJsors\CDD\Shared\AdminlPlanning_Divlsion\Applicatlonll\Apc'ication_ Gu!ddlnes\P!ftn;;in(l P~ .• r.iil Appllr,ation • COP addcd.doc:x Rev: OY24h t PA2019-261 F:\Users\PLN\Shared\Staff_Dir\Garciamay\Ruby\desktop\DESKTOP_\CUT_PASTE_DRAG_COPY\Office Use Only.docx Updated 08/15/17 FOR OFFICE USE ONLY\ Date Filed: _______________________ 2700-5000 Acct. APN No: __________________________ Deposit Acct. No. ________________________ Council District No.: _________________ For Deposit Account: General Plan Designation: ____________ Fee Pd: _______________________________________ Zoning District: _____________________ Receipt No: ____________________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ APPLICATION Approved Denied Tabled: _________________________ ACTION DATE Planning Commission Meeting Zoning Administrator Hearing Community Development Director Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ APPLICATION WITHDRAWN: Withdrawal Received (Date): ________________________ APPLICATION CLOSED WITHOUT ACTION: Closeout Date: ________________________ Remarks: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 12.17.2019 427 111 11 3 AO OA D2019-0622 PA2019-261 UP2019-057 n/a PA2019-261 July 10, 2017 Dr. Huu N. Pham Family Trust Hing-Lien Pham, Managing Member 4463 Birch Street, Suite 100 Newport Beach, CA 92660 RE: 4463 Birch Street-Medical Office Use Dear Ms. Pham, 100 Civic Center Drive Newport Beach, Californfa 92660 949 644-3200 newportbeachca,gov/communitydevelopment Thank you for your recent inquiry regarding your building located at 4463 Birch Street. As discussed in more detail below, up to 2,284 square feet of floor area may be converted to a medical office use before additional parking must be provided. The two-story, 11,420 .. square-foot office building was originally constructed in 1969. In 1996, the first floor was converted to medical office uses (PC1854-96 and PC1783-96). The second floor was vacant at the time of conversion and the second floor has remained vacant. The building was considered nonconforming at the time as only 42 parking spaces were provided, where the Zoning Code required 46 spaces at a rate of 1/250 square feet of net floor area. In 2005, a Zoning Code amendment (City Council Ordinance No. 2005-1) increased the parking requirement for medical office uses from 1 /250 net square feet to 1 /200 gross square feet of floor area, increasing the parking nonconformity. Pursuant to Municipal Code Section 20.38.060 (Nonconforming Parking), the pre-existing medical office may retain a nonconforming parking rate of 1 /250 net square feet as established prior to the 2005 amendment. In 2010, the Zoning Code was comprehensively updated and allows up to 20 percent of an office building to be occupied by a medical office use and parked at a ratio 1 /250 square feet of floor area (NBMC Section 20.40.040 -Off-Street Parking Spaces Required). After taking into account the pre-existing medical office floor area of 6,181 square feet and a 20-percent medical allowance for office buildings 1 a total of 8,465 square feet of floor area may be allocated for medical office uses. The remaining floor area shall be PA2019-261 limited to general office uses, unless additional parking is provided to support medical office uses at a rate of 1 /200 gross square feet. 6f 181 SF 24.7 2,955 SF 11.8 11,420 SF Total Provided Please note that any conversion of office space to a medical office use will require the payment of Traffic Fairshare Fees. The current rate is $6.668 per square foot, or $15,229.71 for the remaining 2,284 square feet that can be converted. Please let me know if you have any questions. I can be reached at (949) 644-3209 or by e-mail at jmurillo@newportbeachca.gov. PA2019-261 Project: Birch commercial building, Multi-tenant Improvement Address: 4463 Birch Street, Newport Beach, CA 92660 APN: 427-111-11 1. We are proposing the multi-tenant suits for a. Hair and nail salons suite (Nails shall be less than 25% of the suites) b. Coffee and vegan shop with commercial kitchen (for vegan sail in store and catering) c. Wellness center (including massage service) d. Acupuncture suite (including massage service) e. Cosmetic Permanent Makeup Class 2. Number of employees a. Hair and nail salons suite: 3 employees b. Coffee and vegan shop with commercial kitchen: 4 employees c. Wellness center: 3 employees d. Acupuncture suite: 3 employees e. Cosmetic Permanent Makeup Class: 1 employee 3. Business hours a. Hair and nail salons suite: 8:00 a.m. to 8:00 p.m. b. Coffee and vegan shop with commercial kitchen: 6:00 a.m. to 10:00 p.m. c. Wellness center : 9:00 a.m. to 6:00 p.m. d. Acupuncture suite : 9:00 a.m. to 6:00 p.m. e. Cosmetic Permanent Makeup Class : 9:00 a.m. to 6:00 p.m. 4. Lot, floor area, and parking information a. Lot area: 29,001 sf b. Gross Floor area: 11,420 sf c. Floor area ratio: 11,420 / 29,001 = .39 d. Number of parking: 45 stalls e. Area tabulation: attached PA2019-261 Project: Conditional and Minor Use Permit for Operating Characteristics Address: 4463 Birch Street, Newport Beach, CA Existing use: Medical office and general office Proposed use: See Area tabulation for new uses and areas Area Tabulation Description 1st floor 2nd floor total Floor Use Area (sf)Description Coffee and vegan shop w/ Kitchen*1,669.65 * Kitchen: to prepare vegan for sail in store and catering Hair Salon Suites& Nails 3,022.11 Nails shall be less than 25 % of the suites Common Area 1,489.24 Total Area 6,181.00 Cosmetic Permanent Make-up Academy 654.08 4 to 5 student, max. per day Accupucture Suite 1,568.86 including massage, accupauncture treatment, etc. Wellness Center 2,249.41 including massage, skin care treatment, laser, etc. Common Area 766.65 Total Area 5,239.00 11,420.00 Number of Parking: 45 stalls Attachment: City letter, July 10, 2017 Total Building Area Floor Area per City Record 6,181.00 5,239.00 11,420.00 1st floor 2nd floor PA2019-261 CHICAGO TITLE$ Chicago Title -IE 560 E. Hospitality Lane, San Bernardino, CA 92408 Prelim Title Report Title Officer: Dan Dulin Email: tearndulin@ctt.com Phone No.: (909)384-7806 Fax No.: (909)384-7902 Title No.: 7101916914 Property Address: 4463 Birch Street, Newport Beach, CA Introducing CHICAGO TITLE C1IICAGO TITLE · VIEW Powered by LiveLOOK LiveLOOK title document delivery system is designed to provide 24/7 real-time access to all information related to a title insurance transaction. Access title reports, exception documents, an easy-to-use summary page, and nnre, at your fingertips and your convenience. To view your new Chicago Title PreVIEW powered by LiveLOOK report. Click Here Effortless, Efficient, Compliant, and Accessible PA2019-261 PRELIMINARY REPORT Order No.: Property: 7101916914-DD 4463 Birch Street Newport Beach, CA 92660 In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned By: Authorized Officer or Agent CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) Chicago Title Insurance Company By: . . .... · ..... ·~: .. i,:O:· .. . . · .....•....•••....... z..... President Attest: ~., ....... ~ ....... . ~,i#.4 .. :: ... ::::::::.::••:::.:: .. :•.:.· .. ·· .. Secretary Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 Visit Us on our Website: www.ctic.com ISSUING OFFICE: 560 E. Hospitality Lane, San Bernardino, CA 92408 FOR SETTLEMENT INQUIRIES, CONTACT: FC Group Realty • FAX PRELIMINARY REPORT Title Officer: Dan Dulin Email: teamdulin@ctt.com Phone No.: (909)384-7806 Fax No.:· (909)384-7902 Title No .. : 7101916914-DD PROPERTY ADDRESS(ES): 4463 Birch Street, Newport Beach, CA EFFECTIVE DATE: December 4, 2019 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: CL TA Standard Coverage Policy 1990 (04-08-14) ALT A Loan Policy 2006 Customer: Fabrice Vuillemey Email: Fabrice@fcgrouprealty.com Phone No.: Fax No.: Ref. No.: 1. The estate or interest in the Land hereinafter described or referred to covered by this Report is: Fee· 2. Title to said estate or interest at the date hereof is vested in: Hong-Lien T. Pham, as trustee of the Hong-Lien T. Pham Family Trust, dated November 3, 2017 3. The Land referred to in this Report is described as follows: For APN/Parcel ID(s): 427-111-11 Lot 11 of Tract No. 5169, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 190, Pages 11 through 13, inclusive of Maps, in the office of the County Recorder of said County. Except Any And All Oil, Oil Rights, Minerals, Mineral Rights, Natural Gas Rights, And Other Hydrocarbons By Whatsoever Name Known, Geothermal Steam, And All Products Derived From Any Of The Foregoing, That May Be Within Or Under The Land, Together With The Perpetual Right Of Drilling, Mining, Exploring And Operating Therefor And Storing In And Removing The Same From The Land Or Any Other Land, Including The Right To Whipstock Or Directionally Drill And Mine From Lands Other Than Those Conveyed Hereby, Oil Or Gas Wells, Tunnels And Shafts Into, Through Or Across The Subsurface Of The Land, And To Bottom Such Whipstocked Or Directionally Drilled Wells, Tunnels And Shafts Under And Beneath Or Beyond The Exterior Limits Thereof, And To Redrill, · Retunnel, Equip, Maintain, Repair, Deepen And Operate Any Such Wells Or Mines; Without, However, The Right To Drill, Mine, Store, Cl TA Preliminary Report Form -Modified (Adopted: 11.17.2006) 2 Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 Title No.: 7101916914-DD PRELIMINARY REPORT (continued) Explore And Operate Through The Surface Or The Upper 500 Feet Of The Subsurface Of The Land, As Reserved In The Deed From The Irvine Company, A Michigan Corporation, Recorded June 30, 1992 As Instrument No. 92-441078 Of Official Records. CLTA Preliminary Report Form -Modified {Adopted: 11.17.2006) 3 Printed: 12.13.19@ 02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 Title No.: 7101916914-DD AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: Penalty: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 427-111-11 2019-2020 $13,491.97, unpaid $1,349.19 (Due after December 10) $13,491.97, unpaid $1,372.19 (Due after April 10) $0.00 07-061 2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Pol icy. 3. Water rights, claims or title to water, whether or not disclosed by the public records. 4. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Public utilities Affects: The Southeasterly five feet of said land 5. A perpetual avigation easement in and through the air above the herein described land, as conveyed to the County of Orange by Deed recorded March 17, 1964, Book 6965 Page 721, of Official Records. 6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a .. document: Granted to: Purpose: Recording No.: Affects: The Pacific Telephone and Telegraph Company Underground communication structures Book 7504 Page 820, of Official Records The Northwesterly 6 feet of said land 7. 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, 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 law, as set forth in the document Recording No.: Book 7529 Page 600. of Official Records Said covenants. conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. Modification(s) of said covenants. conditions and restrictions Recording No.: Book 7946 Page 90, of Official Records 'Cl TA Preliminary Report·Form -Modified (Adopted: 11.17.2006) 4 Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 EXCEPTIONS (continued} Title No.: 7101916914-DD 8. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; 9. Reserved by: Purpose: Recording Date: Recording No.: Affects: A Ground Lease Pipelines and pole lines May 28, 1965 Book 7538 Page 504. of Official Records The Northwesterly six feet of said land 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, 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 law, as set forth in the document Recording Date: June 30, 1992 Recording No.: 92-441076, of Official Records Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recording Date: Recording No.: Affects: The Irvine Company, a Michigan Corporation Public utilities and incidental purposes June 30, 1992 92-441078, of Official Records A portion of said land 11. An unrecorded lease dated September 27, 1996 with certain terms, covenants, conditions and provisions set forth therein as disclosed by the document Entitled: Lessor: Lessee: Recording Date: Recording No.: Collateral Assignment of Leasehold Huu N. Pham and Hong-Lien T. Pham Huu N. Pham, M.D., a Medical Corporation, a California Corporation June 11, 1997 19970267297, of Official Records The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 12. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: $2,000,000.00 December 24, 2014 T rustor/Grantor May 27, 2003 Trustee: Dr. Huu N. Pham and Hong-Lien Pham, trustees of the Dr. Huu N. Pham Family Trust dated Beneficiary: Loan No .. : Recordir'!9 Date: Recording No.: i. BBCN Bank BBCN Bank 2557469 December 31, 2014 2014-565690, Official Records CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006) 5 Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 EXCEPTIONS (continued) An assignment of the beneficial interest under said deed of trust which names: Assignee: Recording Date: Recording No.: OCR Mortgage 7 Sub 2, LLC, a Delaware limited liability company October 17, 2019 2019-406528, Official Records 13. Assignment of Rents and Leases Assigned to: BBCN Bank Title No.: 7101916914-DD Assigned by: Dr. Huu N. Pham and Hong-Lien Pham, Trustees of The Dr. Huu N. Pham Family Trust dated May 27, 2003 Recording Date: Recording No.: December 31, 2014 2014-565691, Official Records An assignment of the beneficial interest under said Assignment of Rents which names: Assignee: Recording Date: Recording No.: OCR Mortgage 7 Sub 2, LLC, a Delaware limited liability company October 17, 2019 2019-406528. Official Records 14. A Family Law Attorney Real Property Lien, for the amount shown below, and any other amounts due: Amount: Debtor: Creditor: Date entered: County: Court: Case.No.: Recording Date: Recording No.: $50,000.00 Hong-Lien T. Pham Joseph P. Downs December 18, 2014 Orange Superior 11 D006275 May 8, 2015 2015-241832, Official Records 15. Any invalidity or defect in the title of the vestees in the event that the trust referred to herein is invalid or fails to grant sufficient powers to the trustee(s) or in the event there is a lack of compliance with the terms and provisions of the trust instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be insured), this Company will require a Trust Certific.ation pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 16. This Company will require a full copy of the trust agreement and any amendments thereto. 17. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. · Cl TA Preliminary Report Form -Modified (Adopted: 11.17.2006) 6 Printed: .12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 EXCEPTIONS (continued) Title No.: 7101916914-DD 18. 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. 19. Matters which may be disclosed by an inspection and/or by a correct ALT A/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 20. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies ), Party(ies): Huu N. Pham and Hong-Lien T. Pham The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) 7 Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Note 7. Title No.: 7101916914-DD NOTES 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. If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. 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 period for cashier's checks, certified checks and teller's checks is one business day after the day deposited. Other checks require a· hold period of from two to five business days after the day deposited. In the event that the parties to the contemplated transaction wish to record prior to the time that the funds are available for disbursement (and subject to Company approval), the Company will require the prior written consent of the parties. Upon request, a form acceptable to the company authorizing said early recording may be provided to Escrow for execution. Wire Transfers There is no mandated hold period for funds deposited by confirmed wire transfer. The Company may disburse such funds the same day. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirements cannot be met, please call the company at the number provided in this report. Note: The only conveyance(s) affecting said Land, which recorded within 24 months ofthe date of this report, is a Partial Judgement Re: community property division, as follows: Grantor: Grantee: Recording Date: Recording No.: Records Granter: Grantee: 3, 2017 Recording Date: Recording No.: County of Orange Superior Court, Case No. 11 D006275 Hong-Lien Thi Pham, as her sole and separate property January 24, 2018 2018-27045 and February 7, 2018 as instrument no. 2018-44301, Both of Official Hong-Lien T. Pham, an unmarried woman, as her sole and separate property Hong-Lien T. Pham, as trustee of the Hong-Lien T. Pham Family Trust, dated November May 2, 2018 2018-160314, Official Records Note: None of the items shown in this report will cause the Company to decline to attach ALT A Endorsement Form 9 to an Extended Coverage Loan Policy, when issued. Note: The Company is not aware of any matters which would cause it to decline to attach CL TA Endorsement Form 116 indicating that there is located on said Land a commercial building(s}, known as 4463 Birch Street, Newport Beach, CA, to an Extended Coverage Loan Policy. CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006) Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 8 PA2019-261 Title No.: 7101916914-DD NOTES (continued) Note 8. Note: 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. Note 9. 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. Note 10. In order to complete this report, the Company requires a Statement of Information to be completed by the following party(ies ), Party(ies ): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. dp CL TA Preliminary Report Form -Modified (Adopted: 11.17.2006) END OF NOTES 9 Printed: 12.13.19@02:18 PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 For APN/Parcel ID{sl: 427-111·11 EXHIBIT "A" Legal Description Lot 11 of Tract No. 5169, in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book 190, Pages 11 through 13. inclusive of Maps, in the office of the County Recorder of said County. Except Any And All Oil, Oil Rights, Minerals, Mineral Rights, Natural Gas Rights, And Other Hydrocarbons By Whatsoever Name Known, Geothermal Steam, And All Products Derived From Any Of The Foregoing, That May Be Within Or Under The Land, Togeth~r With The Perpetual Right Of Drilling, Mining, Exploring And Operating Therefor And Storing In And Removing The Same From The Land Or Any Other Land, Including The Right To Whipstock Or Directionally Drill And Mine From Lands Other Than Those Conveyed Hereby, Oil Or Gas Wells, Tunnels And Shafts Into, Through Or Across The Subsurface Of The Land, And To Bottom Such Whipstocked Or Directionally Drilled Wells, Tunnels And Shafts Under And Beneath Or Beyond The Exterior Limits Thereof, And To Redrill, Retunnel, Equip, Maintain, Repair, Deepen And Operate Any Such Wells Or Mines; Without, However, The Right To Drill, Mine, Store, Explore And Operate Through The Surface Or The Upper 500 Feet Of The Subsurface Of The Land, As Reserved In The Deed From The Irvine Company, A Michigan Corporation, Recorded June 30, 1992 As Instrument No. 92-441078 Of Official Records. CLTA Preliminary Report Form -Modified (Adopted: 11.17.2006) 10 Printed: 12.13.19@02:18PM CA-CT-FWIN-02180.055713-SPS-1-19-7101916914 PA2019-261 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 REL V 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 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 MUL Tl-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: http://www. fbi.qov Internet Crime Complaint Center: http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 7101916914-DG-WIRE0016 (DSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights rese,ved PA2019-261 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Revised May 1, 2018 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF", "our," or 11 we 11 ) 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 Information. FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information {e.g., date of birth, gender, marital status); identity information {e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. 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. Privacy Statement SCA0002565_CTIE.doc/ Updated: 07.10.19 Printed: 12.13.19@02:18 PM by DP CA-CT-FWIN-02180.055713-7101916914 PA2019-261 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 Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. 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 ltmit 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 or 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: BCPI N FO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. Privacy Statement SCA0002565_CTIE.doc/ Updated: 07.10.19 Printed: 12.13.19@02:18PMbyDP CA-CT-FWIN-02180.055713-7101916914 PA2019-261 For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are 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 of residence 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 of FNF or the public. 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@fnf.com, by phone to (888) 934-3354, or by mail to: · Privacy Statement SCA0002565_CTIE.doc/ Updated: 07.10.19 Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer Printed: 12.13.19@02:18PMbyDP CA-CT-FWIN-02180.055713-7101916914 PA2019-261 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: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii} the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE • SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records. of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a}, (b) or (c} are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (05/06/16) PA2019-261 ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12·02·13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Knowo to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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 18: 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} Our Maximum Dollar Limit of Liability $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 5,000.00 Attachment One (05/06/16) PA2019-261 ATTACHMENT ONE (CONTINUED) · 2006 AL TA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a} Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning} restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii} the character, dimensions, or location of any improvement erected on the Land; (iii} the subdivision of land; or (iv} environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b} not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured. Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of th~ 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 M~rtgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a} a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11 (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B -Part II,[ t[or T]his policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: [PARTI [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records.] 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:] Attachment One (05/06/16) PA2019-261 ATTACHMENT ONE (CONTINUED) 2006 AL TA 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; attomeys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b} Any governmental police power. This Exclusion 1 (b} does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b} not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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.] 7. [Variable exceptions such as taxes, easements, CC&R's, etc., shown here.] Attachment One (05/06/16) PA2019-261 ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN.POLICY ·ASSESSMENTS PRIORITY (04·02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, _permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this doe's. not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of.the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or.subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (05/06/16) PA2019-261 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies CTC -Chicago Title Company Available Discounts Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CREDIT FOR PRELIMINARY TITLE REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 to 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (CTIC) 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. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 32% to 50% of the appropriate tiUe insurance rate, depending on the type of coverage selected. Notice of Available Discounts SCA0002565_CTIE.doc / Updated: 07 .10.19 Printed: 12.13.19 @02:18 PM by DP CA-CT-FWIN-02180.055713-7101916914 PA2019-261 .~, I .,,. ,. '.· ,,,, ....... , .. ,, ,._., .... , .......... · .. ~- It -· @. I . . . . V- A ~----~---------·..,.,. ..... · ..... ___ lll_.tit_., ___ ~~~---!!111 1 ,;it/·'Off. ~- -0~. ® ·-__ ..., __ ---__ .:_· ___ .:_ _ --_·_1;1"~ ...... -----olol:.:.:i...+-----1 ' . i}lo··· :_ . 1~--. . . -r·. :. :. :,. f:1 · ' :.r~',. ·" .. · i This map/plat Is being fumlshed as an aid In locating the herein described Land In relation to adjoining sireels, natural boundaries and other land, and Is not a survey of the land depicted. Except to the extent a policy ortHle insurance Is expressly modified by endorsement, if any, the Company does not insura dimensions, distances, location of easements, acreage or other matters shown thereon. Order: 7101916914 Page 1 or 1 Requested By: CTISBRNA, Printed: 12/1312019 11 :14 AM Doc: OR:A427-11 PA2019-261