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HomeMy WebLinkAbout20161118_Response to IncompleteNovember 18, 2016 Mr. Benjamin M. Zdeba Associate Planner City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 ·onsensus Re: Crab Cooker Restaurant Minor Conditional Use Permit UP2016-029 Dear Mr. Zdeba: The Crab Cooker team is responding to the City's Notice of Incomplete Filing dated July 5, 2106. As you are aware, we have already submitted the necessary documents for a Lot Merger (LM2016-007). Concurrent with this submittal plans are being submitted to the Building Department to begin the review process parallel to the Minor Conditional Use Permit. Enclosed are an updated project description, radius map and labels, title report, existing site photos, and three (3) sets of plans full-size plans and four (4) sets of reduced size plans. We look forward to your review and feedback. Additionally, we are requesting the project be allowed to keep both the benches and awnings as they exist today, encroaching in to the public right of way. Subsequent to this submittal, a Heritage Sign Designation will be applied for to keep the historic sign that is a registered trademark as part of The Crab Cooker brand and key to clientele's recognition of the building. Should have any questions or require additional information, please feel free to contact me at marice@mconsensus.com or (949) 433-4261. I look forward to hearing from you. Sincerely, I) .~~,Ii' , I' . JJ( w~£u Marice H. DePasquale • / -/I Principal 3609 W. MacArthur Blvd., Suite 812, Santa Ana, CA 92704 ■ www.mconsensus.com ■ (949) 433-4261 PA2016-112 (~ Crab Cooker Restaurant 2200 Newport Blvd. Minor Conditional Use Permit ( PROJECT DESCRIPTION The Crab Cooker is a legal nonconforming family business that is applying for a minor conditional use permit. Through no fault of their own, the Crab Cooker building sustained structural damage caused by the permitted construction activities of the neighbor to the north. The damaged sustained requires significant repairs that will require building permits -and at the direction of the City those "repairs" necessitate a complete teardown. Since the Crab Cooker does not have an existing use permit, this application is being submitted in order to facilitate the process of obtaining a Minor Use Permit so building permits will be subsequently issued. It should be noted that the damage to the Crab Cooker resulted from a series of occurrences beginning in January of 2014 (see attached Damage Chronology). Damage continued and the two property owners began communications and worked together to formulate a solution, as well as, work with their respective insurance companies. The City of Newport Beach was part of this process and issued building permits in October, 2014 for foundation repairs. However, this work was never completed as the foundation continued to fail and more damage continued. Nearly a year later, September, 2015, a solution was agreed upon and the City of Newport Beach conducted a preliminary conceptual review and a subsequent Design Review Committee meeting in October, 2015. Throughout this entire process the insurance companies have conducted tests, and city approved borings to fully assess the damage. As referenced above, there is a detailed matrix of the damage, city engagement and process to date as part of this submittal entitled Damage Chronology. The Crab Cooker Restaurant and Fish Market has been in operation at the current address for over 65 years. The Crab Cooker is a family dining establishment that has been a Newport Beach landmark for locals and visitors alike for many decades. The restaurant operates without a bar but serves wine and beer to its dining customers. Current operating hours are from 9:00 am until 11 :00 pm daily. No changes to current hours of operations are being requested. The historic use of this property is consistent with the General Plan as a visitor serving use. With the exception of proposed building repairs/improvements, the minor conditional use permit should accurately reflect all of the historic and current uses that the Crab Cooker has enjoyed while proudly serving the residents and visitors of Newport Beach for well over one half a century. The Crab Cooker filed an application for a lot line merger on October 24, 2016, as the building currently occupies 2 lots, parcel numbers are 147-120-15 and 147-120-14. The existing Crab Cooker building is 5,084 sq. ft. The two lots that the building is built upon are 2700 sq. ft. each. The existing lot coverage is a legal non-conforming percentage of 94.14%. As mentioned prior, as a result of construction activities carried out by the neighbor to the north, the Crab Cooker building received structural and foundation damage to the building. Since the building will require significant repairs and at the direction of the City 1 PA2016-112 < .. l , .. ( Crab Cooker Restaurant 2200 Newport Blvd. Minor Conditional Use Permit those "repairs" necessitate a complete teardown, this application is also requesting the creation of a 427 square-foot outdoor dining patio as part of the improvements to enhance the business and serve the growing needs of the neighborhood. Another benefit of this improvement is that it will include new ADA compliant restrooms with the required number of toilets, urinals, and lavatories per current code. Additionally, the electrical, mechanical, and plumbing will be upgraded to be Title-24 compliant. As the Crab Cooker's historic and current property use has no on-site or other parking, no additional parking should be required as a result of outdoor patio dining. Per code, no additional parking is required for an outdoor dining patio that seats a maximum of 49 patrons. The existing indoor dining count will remain the same. The new building will maintain essentially the same overall exterior look of the Crab Cooker that artists have come from all over to paint for decades.The westerly Newport Blvd. facing side will remain almost identical as it has stood for over 65 years. The 22nd St., southfacing side will also remain almost identical, with the addition of an ADA ramp. We intend to improve the appearance of the east rear facing side of the building by relocating the 427 square feet from the patio as an upper level storage area. This area will provide new equipment screening. In addition, we are requesting to increase the height of the building to accommodate the current code and FEMA requirements, while staying under the allowable height limit in this zone. We are also requesting a 10% increase in the gross area for storage -not usable public space -as this will help to minimize the number and frequency of delivery truck trips onto the peninsula and into the arcade. As discussed with community development and other departments, this submittal is requesting to beautify the arcade area by enclosing the existing trash dumpster area that has been historically used for over 65 years. The trash dumpsters are and have been located in a loading zone designated specifically for the Crab Cooker on the east side of the property in the arcade. We are requesting to continue to use the loading zone at the rear of the building for trash dumpster storage and to allow the trash dumpsters to merely be put in an attractive covered enclosure that is in the same style as the existing building where they have been stored for over 65 years. There are many benefits to this request such as containing debris, visual and odder improvement and many others for all concerned. This will require the city approve an encroachment permit. There will be no changes to the iconic building signage, colors or materials; however, as part of this process an application for a heritage sign designation will be sought. As has been the case for over 65 years, it is The Crab Cooker's hope to continue to enjoy the same uses and privileges we have, including our historic signs and awnings that are trademarked as part of The Crab Cooker brand and key to our clientele's recognition of the building. 2 PA2016-112 ( Crab Cooker Restaurant 2200 Newport Blvd. Minor Conditional Use Permit Site Statistics: Combined Lot Area = 5400 sq. ft. Combined Lot width = 60 ft. Lot Depth = 90 ft. Setbacks = 0 ft. Existing Gross Area = 5084 sq. ft. Proposed Gross Area= 5084 sq. ft. Existing Floor Area Ratio= 94.14% Proposed Floor Area Ratio = 94.14% Existing Building/Lot Coverage = 94.14% Proposed Lot Coverage = 82. 70% Existing Building Height= 21'-4" Proposed Building Height = 26' -2 3/4" Existing Landscaping = 0 % Proposed Landscaping = 0% Existing Parking = 0 stalls Proposed Parking = 0 stalls Existing Number of Employees: 16 Proposed Number of Employees: 16 Existing Number of Indoor Seats: 114 Proposed Number of Indoor Seats: 114 Existing and Proposed Use: Restaurant and Fish Market Existing and Proposed Hours of Operation: 9:00 am to 11 :00 pm 3 PA2016-112 PA2016-112 PA2016-112 Cl TA Preliminary Report Form (Rev. 11/06) Order Number: O-SA-5239165 Page Number: 1 1: ,. MF. q I .. ,,, i;:'1' ~' . - .. - Customer Reference: Order Number: Title Officer: Phone: Fax No.: E-Mail: Property: First American Title First American Title Company 4 First American Way Santa Ana, CA 92707 california Department of Insurance License No. 151 O-SA-5239165 (bdaa) Bob Davies / Ashley Aegerter (714)250-3094 (714)913-6388 octitle2@firstam.com 2200 and 2202 Newport Boulevard Newport Beach, CA PREUMINARY REPORT In response to the above referenced application for a policy of title Insurance, this company hereby reports that It Is prepared to issue, or cause to be Issued, as of the date hereof, a Polley 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 Exdusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth In Exhibit A attached. The po/Icy to be isslled may contain an arbitration dause. When the Amount of/nsurance is less than that set forth In the arbitration dause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exdustve remedy of the patties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowners Policies of Title Insurahce which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be read. They are available from the office which Issued this report. Please read the exceptions shown or referred to below and the exceptions and exdusions set forth in Exhibit A of this report carefully. The exceptions and exdusions are meant to provide you with notice of matters which are not covered under the t.erms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report ( and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title Insurance and no liability Is assumed hereby. If It Is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American 7itle Page 1 of 21 PA2016-112 Dated as of July 07, 2016 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined Order Number: O-SA-5239165 Page Number: 2 A specific request should be made if another form or additional coverage is desired. litle to said estate or interest at the date hereof is vested in: James W. Wasko and Rhonda Wasko, husband and wife, as to an undivided 61 % thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.R. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, all as tenants in common, as to an undivided 3% tenancy in common interest; and Robert Roubian and Helen Roubian, husband and wife as community property, as to an undivided 97% interest subject to Item Nos. 6 through 22, and 24 through 27 The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2016-2017, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the california Revenue and Taxation Code. 3. Easements, Covenants and Conditions contained in the deed from Newport Beach Company, as Grantor, to Fred B. Mills and others, as Grantee, recorded August 3, 1903 in Book 84, Page 302 of Deeds. Reference being made to the document for full particulars, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code§ 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 u.s.c. § 3604(c) or caufornia Government Code§ 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Rrst American Title Page 2 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 3 4. The Building Restriction as contained in the deed from the Newport Company to Bank of America National Trust and Savings Association recorded August 29th, 1936. Affects: Lot 16 5. The terms and provisions contained in the document entitled "Encroachment Agreement" recorded June 24, 1986 as Instrument No. 86-266785 of Official Records. Affects: Lot 16 6. The effect of a deed dated December 24, 2008, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 3% tenancy in common interest, within the entire fee, to: James W. Wasko and Rhonda Wasko, husband and wife, as to an undivided 61 % thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.R. Wasko Trust, u/t/a dated December 22, 2004 as to 13% thereof, all as tenants in common, as Grantee, recorded December 30, 2008, as Instrument No. 2008000594922 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 7. The effect of a deed dated December 24, 2008, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded December 30, 2008, as Instrument No. 2008000594923 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 8. The effect of a deed dated December 23, 2009, executed by Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantor, to Robert Roubian and Helen Roubian, husband and wife as community property, as Grantee, recorded December 31, 2009, as Instrument No. 2009000703787 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 9. The effect of a deed dated December 30, 2009, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 2.2% tenancy in common interest, within the entire fee, to: James W. Wasko and Rhonda Wasko, husband and wife, as to an undivided 55% thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated 12/22/04 as to 15% thereof, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, ·U/t/a dated First American Title Page 3 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 4 12/22/04 as 15% thereof, and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.R. Wasko Trust, u/t/a dated 12/22/04 as to 15% thereof, all as tenants in common, as Grantee, recorded December 31, 2009, as Instrument No. 2009000703788 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 10. The effect of a deed dated December 30, 2009, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded December 31, 2009, as Instrument No. 2009000703789 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 11. The effect of a deed dated December 28, 2010, executed by Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantor, to Robert Roubian and Helen Roubian, husband and wife as community property, as Grantee, recorded December 29, 2010, as Instrument No. 2010000706064 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 12. The effect of a deed dated December 28, 2010, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 7.57% tenancy rn common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, husband and wife, as to an undivided 40.6% thereof (being 3.07% of the entire fee), to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated 12/22/04 as to 19.8% thereof (being 1.5% of the entire fee), to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, u/t/a dated 12/22/04 as to 19.8% thereof (being 1.5% of the entire fee), and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of Toe J.R. Wasko Trust, u/t/a dated 12/22/04 as to 19.8% thereof (being 1.5% of the entire fee), all as tenants in common, as Grantee, recorded December 29, 2010, as Instrument No. 2010000706065 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 13. The effect of a deed dated December 28, 2010, executed by James M. Wasko and Rhonda Wasko, husband and wife, as community property, as Grantor, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of Toe JRW Family Trust, u/t/a dated May 19, 2010, as Grantee, recorded December 29, 2010, as Instrument No. 2010000706066 of Official Records. Rrst American 7itle Page4 of 21 PA2016-112 ( Order Number: O-SA-5239165 Page Number: 5 Toe requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 14. Toe effect of a deed dated December 28, 2010, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of Toe Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded December 29, 2010, as Instrument No. 2010000706067 of Official Records. Toe requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 15. The effect of a deed dated February 25, 2011, executed by Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantor, to Robert Roubian and Helen Roubian, husband and wife as community property, as Grantee, recorded March 1, 2011, as Instrument No. 2011000111046 of Official Records. Toe requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify If the above referenced "uninsured" deed is a valid transfer. 16. Toe effect of a deed dated February 25, 2011, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 29.06% tenancy in common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, husband and wife, as Grantee, recorded March 1, 2011, as Instrument No. 2011000111047 of Official Records. Toe requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 17. Toe effect of a deed dated February 25, 2011, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 4.17% tenancy in common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.R. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), all as tenants in common, as Grantee, recorded March 1, 2011, as Instrument No. 2011000111048 of Official Records. Toe requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. Rrst American 77tle Page 5 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 6 18. The effect of a deed dated February 25, 2011, executed by James M. Wasko and Rhonda Wasko, husband and wife, as community property, as Grantor, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The JRW Family Trust, u/t/a dated May 19, 2010, as Grantee, recorded March 1, 2011, as Instrument No. 2011000111049 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 19. The effect of a deed dated February 25, 2011, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded March 1, 2011, as Instrument No. 2011000111050 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 20. The effect of a deed dated December 30, 2011, executed by Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantor, to Robert Roubian and Helen Roubian, husband and wife as community property, as Grantee, recorded December 30, 2011, as Instrument No. 2011000688898 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 21. The effect of a deed dated December 30, 2011, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 4.17% tenancy in common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The C.A. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.M. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), and to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The J.R. Wasko Trust, u/t/a dated 12/22/04 as to 33.33% thereof (being 1.39% of the entire fee), all as tenants in common, as Grantee, recorded December 30, 2011, as Instrument No. 2011000688899 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 22. The effect of a deed dated December 30, 2011, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded December 30, 2011, as Instrument No. 2011000688900 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. Rrst American 77tle Page 6 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 7 NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 23. The terms and provisions contained in the document entitled "Encroachment License Agreement" recorded June 14, 2013 as Instrument No. 2013000362440 of Official Records. 24. The effect of a deed dated December 29, 2014, executed by Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantor, to Robert Roubian and Helen Roubian, husband and wife as community property, as Grantee, recorded December 31, 2014, as Instrument No. 2014000566234 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 25. The effect of a deed dated December 29, 2014, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to an undivided 24.00% tenancy in common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, husband and wife as community property with right of survivorship, as Grantee, recorded December 31, 2014, as Instrument No. 2014000566235 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 26. The effect of a deed dated December 29, 2014, executed by Robert Roubian and Helen Roubian, husband and wife as community property, as Grantor, to Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83, as Grantee, recorded December 31, 2014, as Instrument No. 2014000566236 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 27. The effect of a deed dated December 30, 2014, executed by James M. Wasko and Rhonda Wasko, husband and wife, as community property, as Grantor, to James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The JRW Family Trust, u/t/a dated May 19, 2010, as Grantee, recorded December 31, 2014, as Instrument No. 2014000566237 of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify if the above referenced 11uninsured" deed is a valid transfer. 28. Any facts, rights, interests or claims which would be disclosed by a correct AL TA/NSPS survey. 29. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: Rrst American 7itle Page 7 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 8 30. An AL TNNSPS survey of recent date which complies with the current minimum standard detail requirements for AL TA/NSPS land title surveys. 31. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may Impose following its review of the material required herein and other information which the Company may require. 32. With respect to The Roubian Family Trust u/t/a dated 12/14/83 and The JRW Family Trust, u/t/a dated May 19, 2010 : a. A certification pursuant to Section 18100.5 of the california Probate COde In a form satisfactory to the company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the company may impose following its review of the material required herein and other information which the Company may require. Rrst American Title Page 8 of 21 PA2016-112 INFORMATIONAL NOTES Order Number: O-SA-5239165 Page Number: 9 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $4,560.01, PAID Penalty: $0.00 Second Installment: $4,560.01, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 047-120-14 (Affects Lot 15) 2. General and special taxes and assessments for the fiscal year 2015-2016. First Installment: $3,327.84, PAID Penalty: $0.00 Second Installment: $3,327.84, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 047-120-15 (Affects Lot 16) 3. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2200 Newport Boulevard (Lot 16) and 2202 Newport Boulevard (Lot 15), Newport Beach, california. 4. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows: A document recorded December 31, 2014 as Instrument No. 2014000566234 of Official Records. From: Robert Roubian, Trustee of The Roubian Family Trust u/t/a dated 12/14/83 To: Robert Roubian and Helen Roubian, husband and wife as community property Rrst American Title Page 9 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 10 A document recorded December 31, 2014 as Instrument No. 2014000566235 of Official Records. From: Robert Roubian and Helen Roubian, husband and wife as community property To: An undivided 24.00% tenancy in common interest, within the entire fee, to: James M. Wasko and Rhonda Wasko, husband and wife as community property with right of survivorship A document recorded December 31, 2014 as Instrument No. 2014000566236 of Official Records. From: Robert Roubian and Helen Roubian, husband and wife as community property To: Robert Roubian, Trustee or any Successor Trustee of The Roubian Family Trust u/t/a dated 12/14/83 A document recorded December 31, 2014 as Instrument No. 2014000566237 of Official Records. From: James M. Wasko and Rhonda Wasko, husband and wife, as community property To: James M. Wasko and Rhonda Wasko, Trustees or any Successor Trustee of The JRW Family Trust, u/t/a dated May 19, 2010 5. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. Rrst American 77tle Page 10 of 21 PA2016-112 LEGAL DESCRIPTION Order Number: O-SA-5239165 Page Number: 11 Real property in the City of Newport Beach, County of Orange, State of california, described as follows: LOTS 15 & 16 OF TRACT 814, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 24, PAGES 35 AND 36, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN'S: 047-120-14 (Lot 15) and 047-120-15 (Lot 16) Rrst American 7itle Page 11 of 21 PA2016-112 ~ ~ ~::t:i.. ig ~ ~~ ~ fif ti ::s ~ (l:j .) <r~ I :~Y, tj '\..... "'c"""'°Di9)" POR. W ,12, NE 114, THIS MAP WAS Pf?£PAR£0 FOF? ORtNGf COUNTY ASS£SSO/i D£PT, PURPOSES DNL r. rHE ASSESSOR MAKES NO GI/ARANT££ AS TO /TS ACCURACY NOR ASS!JM£S ANY L /ABILITY FOR OiHER USES, NOT TG BE REPRODUCED, ALL R!GWS RES£RV£0, 0 COPYRIGHT ORANGf COUNTY ASSESSOR 2014 13 S4J.80,4 7;nri:r-1~ 14 MARCH 191/9 SEC. A, NEWPORT BEACH TRACT NO. 814 TRACT NO. 16594 PARCEL IIAP 11.11. 4-21 M.M. 24-36 II.II. 915-JO P.11, 334·23 S£C, JJ, T 6 S, R 10 W ru @ LOT 1 ® 2,31 AC, NO. 1659'1 8',.p" NOT£ -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CTRCL£S 15 ASSESSOR'S MAP BOOK 047 PAGE 12 COUNTY OF ORANGE 047-1 2 In= 60' ~ '-..l D '"O 0 Ill a. IC n, n, .., :z 2 C C 3 3 [[ ~9 ' UI 11,1 ! en UI -\ PA2016-112 NOTICE Order Number: O-SA-5239165 Page Number: 13 Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. First American ntle Page 13 of21 PA2016-112 '1 ,r. ME ,r 1 1-I), (' .. --f :.:o;;=..41¥ First American Title First American Title Page 14 of 21 Order Number: O·SA-5239165 Page Number: 14 First American Title Company 4 First American Way Santa Ana, CA 92707 (714)250-3000 PA2016-112 WIRE INSTRUCTIONS for Order Number: 0-SA-5239165 Page Number: 15 First American Title Company, Demand/Draft Sub-Escrow Deposits Orange County, California PAYABLE TO: BANK: ADDRESS: ACCOUNT NO: ROUTING NUMBER: First American Title Company First American Trust, FSB 5 First American Way, Santa Ana, CA 92707 3012500000 122241255 PLEASE REFERENCE THE FOLLOWING: PROPERTY: 2200 and 2202 Newport Boulevard, Newport Beach, CA FILE NUMBER: O-SA-5239165 (bdaa) PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First American Title Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITED STATES. PLEASE NOTIFY Bol) Davies / Ashley Aegerter AT (714)250· 3094 OR octitle2@firstam.com WHEN YOU HAVE TRANSMITTED YOUR WIRE. IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK. ADDffiONAL CHARGES MAY APPLY. PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS. AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING. BECAUSE IT IS NOT THE SAME AS A WIRE AND REQUIRES ADDmONAL TIME FOR CLEARANCE. FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473 ALL WIRES WILL BE RETURNED IF THE FILE NUMBER AND/OR PROPERTY REFERENCE ARE NOT INCLUDED With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or any other communication that appears to be generated from a First American employee that contains new, revised or altered bank wire instructions, consider it suspect and call our office at a number you trust. Our bank wire instructions seldom change. Rrst American Title Page 15 of 21 PA2016-112 ( Order Number: O-SA-5239165 Page Number: 16 EXHIBIT A UST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POUCY TYPE) CLTA STANDARD COVERAGE POUCY -1990 EXCLUSIONS FROM COVERAGE The following matters are expressly exduded 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 Polley. 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 of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public, records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. First American Title Page 16 of 21 PA2016-112 Order Number: O-SA-5239165 Page Number: 17 CLTA/ALTA HOMEOWNER'S POUCY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation 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 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 litle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. UMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's coverage statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18: Covered Risk 19: Covered Risk 21: Your Deductible Amount 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 1 % -of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $5,000 (whichever is less) 1 % of Policy Amount Shown in Schedule A or $2,500 (whichever is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE our Maximum Donar Limit of Liability $10,000 $25,000 $25,000 $5,000 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; First American 77tle Page 17 of 21 PA2016-112 ( (II) the character, dimensions, or location of any Improvement erected on the Land; (iii) the subdiVlsion of land; or (iv) environmental protection; Order Number: O-SA-5239165 Page Number: 18 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 Polley, 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 Oalmant; (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. Unenforceabillty 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 unenforceabillty 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 a-eating 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 Polley 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 }. Toe 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 ll,[ t[ or T]his policy does not insu~ 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 lndude 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 dalms thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the 11tle 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 SChedulet 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 POUCY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, pennit, or governmental regulation (lndudlng 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 First American Title Page 18 of21 PA2016-112 {Iv) environmental protection; Order Number: O-SA-5239165 Page Number: 19 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. (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 Oalmant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 or 10); or (e) resulting in loss or damage that would not have been sustained if the Insured aatmant 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: [fhe above policy form may be issued to afford ither 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 Trt:le 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.] ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POUCY (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 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; First American Title Page 19 of21 PA2016-112 Order Number: O-SA-5239165 Page Number: 20 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 1Jnder covered Risks, 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 daims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the company, not recorded In the PUbllc 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 Polley (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 Oaimant had paid value for the Insured Mortgage. 4. Unenforceabillty 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 Exduslon does not modify or limit the coverage provided In Covered Risk 26. 6. Any claim of Invalidity, unenforceablllty 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 Polley 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. Rrst American Title Page 20 of 21 PA2016-112 ~ I First American Title -'Ii¥ Privacy Information ( We Are Committed -.0 Safeguarding CUs1Dmer lnfarmation Order Number: O-SA-5239165 Page Number: 21 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information, We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this PriVclC)' Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a pubfic record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal Information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any cu~r relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide aU of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide aH the information we coHect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Fonner 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 resbict access to nonpUblic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in aa:ordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telfing us who you are or reveaUng any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we wiU use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any persc:>nal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our sil:c!, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record aeates significant value for society, enhances consumer choice and aeates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Acc:uracv We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccunQ information. When, as with the pub6c record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required rorrections. Education We endeavor to educate the users of our products and services, our employees and others In our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will enc;ourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form SO-PRIVACY (9/1/10) Page 1 of 1 Rrst American Title Page 21 of 21 Privacy Information (2001-2010 First American Financial Corporation) PA2016-112