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HomeMy WebLinkAbout20190122_ApplicationCommunity Development Department Planning Permit Application 1. Check Permits Requested: D Approval-in-Concept -AIC # D Lot Merger D Coastal Development Permit D Limited Term Permit - D Waiver for De Minimis Development D Seasonal D < 90 day 0>90 days D Coastal Residential Development D Modification Permit D Condominium Conversion D Off-Site Parking Agreement D Comprehensive Sign Program D Planned Community Development Plan D Development Agreement D Planned Development Permit D Development Plan D Site Development Review -D Major D Minor 0 Lot Line Adjustment D Parcel Map 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevetopment D Staff Approval D Tract Map D Traffic Study ~ Use Permit )r{MinorJ#f onditional D Amendment to existing Use Permit D Variance D Amendment -DCode OPC OGP OLCP D Other. 2., g~e~~ddw:-(esc::~o~~;.a~;;~: ~ f_o f'i &cc£ /oq5=T[ q :Q8J 3. Project Description and Justifica ion (Attach additional sheets if necessary): 1 /}//ow _ofve.. ,.t9ccusr~co.l :J:,vS7r'uM.e,._,r 'mSiJ)n.. ct//7':r C9{el I 512..~;v ~-f-u ~fL.e../:::;_. as &,c~,co1.b:::'_tfl Mus£c... 4. Applicant/Company Name I CA Pf '.f '."s CA F~ ?fi.ic... I ~ I ----1 Mailirg Address 5-11>~-~ ~~l-J"Vfbw,'? . Suite/Unit L ______ _ City L/~.fl.-,wf D('\ ~e.~ i State I Cft I Zipl_g 2.Ya.3 _ Phone([q '{~} ~h-l.f ~iJ Fax l =:J Email I T ~_Q}~t{_1~~~C0 ._, 5. Contact/Company Name 1'1itv1 C,A-,,,.pbtil / c./rf)f-7 S 04£~- Mailing Address l_$_<::j_;:2Q_W · C.00.-l T 1-}c)t'.i.wiz' ___ J Suite/Unit ~--___________ J Citylrfol\ 'B~ ! StateL.ffi ____ J Zip! 'J2k,b3] Phone Lff. ~!:t_l_~~j_~ Fax L_ Email l:r.iJ!:J~~/olf,( Z ~J>.ca,,_ 6. Owner Name L.1M_C....,1-.t1gb.L l( ] Mailing Address Lk1__(o_b1MCz:~~-i.[ ~ye. Suite/Unit L---·----··--~i City! Go\t" f"'{A, D~l fv\Ar ·-_J State!__ I Zip l - Phon~ ~~ct) ~l? -d-3e;~ Fax _I ~-----J Email\ 171'11 Cft,-...,ebrt..\LJ_~_j C.~eq,.- 7. Property Owners Affidavit*: (I) (We) 1 s 9 "3D \N. (t)~tl~-L.,J.. .. c_ I depose and say that (I am) (we are) the owner(s) of the property (ies} involvefi=?n this application. (I} (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are in a espects true nd correct to the best of (my} (our) knowledge and belief. / Signature(s): ..j...1,1..,~-~=-=;.....:::;...;~~-.19----Title: 1.__a_~ ___ ! Date: I///, 'l fL/ Siam=3ture( s ): I Title: l DD/MCNEAR ---1 r---------1 l nr1tP.: ! ! \\cnb.lcl\data\Users\CDD\Shared\Admin\Planning_Division\Applications\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: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ 01-22-2019 045 115 08 2 CV CV West Newport Beach Assn, Newport Shores Community PA2019-007 D2019-0091 UP2019-005 Cc,...ff 7 5 ( !J-f.e. tS tl.. +r.t...e ~ T ,,,_,..,Di~ h I.,, ( 2..o ,iv)' Lo Ca~ h-. 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CAf/7S h.1t5 a. 1 '-f:v(f 1 1 fua.r w,~ z:6 ~T()-1.-r--,-fD6.i I / Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: Issuing Policies of Fidelity National Title Insurance Company Title Officer: Mike Brinkman (MA) Escrow Officer: Major Accounts OAC TO: Tim Campbell 616 Marguerite Ave Corona Del Mar, CA 92625 ATTN:. YOUR REFERENCE: PROPERTY ADDRESS: 5930 West Coast Highway, Newport Beach, CA PRELIMINARY REPORT OrderNo.: 997-30022572-lMB In response to the application for a policy of title insurance referenced herein, Fidelity National 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(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National 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: Cl___ Authorized Signature CL TA Preliminary Report Form -Modified ( 11/17 /06) Page 1 • Fidelity National Title Company 4400 MacArthur Blvd., Suite 200, Newport Beach, CA 92660 Phone: (949) 622-5000• Fax: PRELIMINARY REPORT EFFECTIVE DATE: November 26, 2018 at 7:30 a.m. ORDER NO.: 997-30022572-lMB The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Owners Policy (6-17-06) 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: AFEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: 5930 W. COAST HIGHWAY, LLC, a California limited liability company 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CLTA Preliminary Report Form -Modified (11/17 /06) Page2 PRELIMINARY REPORT Your Reference: EXHIBIT A LEGAL DESCRIPTION Fidelity National Title Company Order No.: 997-30022572-IMB THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF NEWPORT BEACH IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 4 IN BLOCK 159 OF RIVER SECTION, NEWPORT BEACH , AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JULY 27, 1990 AS INSTRUMENT NO. 90-395183 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 400 FEET FROM THE SURF ACE OF SAID LAND, PROVIDED THAT SUCH RESERVATION SHALL NOT ENTITLE GRANTOR TO ANY USE OF OR TO ANY RIGHTS IN, OR TO ANY PORTION OF THE SURF ACE OF SAID LAND TO A DEPTH OF 400 FEET BELOW THE SURF ACE THEREOF, AS RESERVED IN THE DEED FROM CECILE A. CONOVER AND OTHERS, RECORDED OCTOBER 26, 1960 IN BOOK 5480, PAGE 320 OF OFFICIAL RECORDS. PARCEL 2: LOT 5 IN BLOCK 159 OF RIVER SECTION, NEWPORT BEACH , AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 400 FEET FROM THE SURF ACE OF SAID LAND, PROVIDED THAT SUCH RESERVATION SHALL NOT ENTITLE GRANTOR TO ANY USE OF OR TO ANY RIGHTS IN, OR TO ANY PORTION OF THE SURF ACE OF SAID LAND TO A DEPTH OF 400 FEE T BELOW THE SURF ACE THEREOF. PARCEL 3: LOT 14 IN BLOCK 160 OF RIVER SECTION, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND/OR THAT MAY BE PRODUCED FROM A DEPTH BELOW 400 FEET FROM THE SURF ACE OF SAID LAND, PROVIDED THAT SUCH RESERVATION SHALL NOT ENTITLE GRANTOR TO ANY USE OF OR TO ANY RIGHTS IN, OR TO ANY PORTION OF THE SURF ACE OF SAID LAND TO A DEPTH OF 400 FEET BELOW THE SURFACE THEREOF, AS RESERVED IN THE DEED FROM CLARA L. LIVERNASH RECORDED AUGUST 15, 1960 IN BOOK 5374, PAGE 439 OF OFFICIAL RECORDS. PARCEL 4: LOT 15 IN BLOCK 160 OF RIVER SECTION, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET BUT WITHOUT THE RIGHT OF SURF ACE ENTRY AS RESERVED IN THE DEED FROM WILLIAM A: GLASSEY RECORDED FEBRUARY 15, 1961 IN BOOK 5629, PAGE 806 OF OFFICIAL RECORDS. CLTA Preliminary Report Form-Modified (11/17/06) Page 3 PRELIMINARY REPORT Your Reference: PARCELS: EXHIBIT A (Continued) Fidelity National Title Company Order No.: 997-30022572-lMB LOTS 6 AND 7 IN BLOCK. 159 OF RIVER SECTION, NEWPORT BEACH, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 25 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING FROM SAID LOT 7 THAT PORTION INCLUDED WITHIN THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 15, 1991 AS INSTRUMENT NO. 91-071800 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM ALL RIGHTS IN AND TO THE ABOVE DESCRIBED LANDS THAT MAY BE DEEMED NECESSARY BY JERGINS OIL COMPANY TO LOCATE, DRILL, RE-DRILL, PRODUCE AND OPERATE WELLS THAT MAY BE DRILLED AND PRODUCED UNDER THE TERMS AND PROVISIONS OF THAT CERTAIN AGREEMENT OF NOVEMBER 1, 1943 BY AND BETWEEN THE CITY OF NEWPORT BEACH AND D. W. ELLIOTT, WHICH AGREEMENT WAS SUBSEQUENTLY ASSIGNED BY SAID D. W. ELLIOTT TO JERGINS OIL COMPANY, AS EXCEPTED AND RESERVED IN THE DEED FROM JERGINS OIL COMPANY RECORDED DECEMBER 30, 1954 IN BOOK 2911, PAGE 8 OF OFFICIAL RECORDS. ALSO EXCEPTING ALL MINERALS, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UNDER AND THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED LAND BUT WITHOUT ANY RIGHR TO ENTER UPON OR INTO OR USE THE SURF ACE OR THE SUBSURFACE THEREOF ABOVE A DEPTH OF 500 FEET MEASURED FROM THE SURFACE OF THE GROUND FOR ANY PURPOSES WHATSOEVER, AND FURTHER EXCEPTING THE EXCLUSIVE RIGHT AND EASEMENT TO SLANT DRILL, REDRIL, DEEPEN, REPAIR, MAINTAIN, COMPLETE, EQUIP, OPERATE AND PRODUCE EXISTING AND FUTURE WELLS INTO AND THROUGH THE ABOVE DESCRIBED LANDS BELOW A DEPTH OF 500 FEET MEASURED FROM THE SURF ACE OF THE GROUND AND TO BOTTOM SUCH WELLS EITHER IN THE ABOVE DESCRIBED LANDS OR IN OTHER LANDS AND TO REMOVE SUCH WELLS OR ABANDON THEM IN PLACE AND THE EXCLUSIVE RIGHT TO EXPLORE FOR, EXTRACT, PRODUCE AND REMOVE MINERALS, OIL, GAS, OTHER HYDROCARBON SUBSTANCES FROM THE ABOVE DESCRIBED LAND (BELOW A DEPTH OF 500 FEET MEASURED FROM THE SURF ACE OF THE GROUND) AND OTHER LANDS BY MEANS OF SAID WELLS, AS RESERVED IN THE DEED FROM HUMBLE OIL AND REFINING COMPANY, A DELAWARE CORPORATION, RECORDED JANUARY 29, 1965 IN BOOK 7396, PAGE 548 OF OFFICIAL RECORDS. APN: 045-114-08,045-114-09,045-115-01,045-115-08,045-115-10 CLTA Preliminary Report Form-Modified (11/17/06) Page4 PRELIMINARY REPORT Your Reference: EXCEPTIONS Fidelity National Title Company Order No.: 997-30022572-IMB AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 045-114-08 Fiscal Year: 2018-2019 1st Installment: $992.53, paid. 2nd Installment: $992.53, open (Delinquent after April 10) Penalty and Cost: $122.25 Homeowners Exemption: None Code Area: 07-001 B An assessment by the improvement district shown below: Series: District: For: Bond issued: AD #01-1 County of Orange Asmt Bond 2012-1915 Act Bond May 1, 2005 Said assessment is collected with the county/city property taxes. C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: 045-115-08 Fiscal Year: 2018-2019 1st Installment: $5,713.66, paid. 2nd Installment: $5,713.66, open (Delinquent after April IO) Penalty and Cost: $594.36 Homeowners Exemption: None Code Area: 07-001 D. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 045-114-09 2018-2019 $876.11, paid. $876.11, open (Delinquent after April IO) $110.61 None 07-001 E. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 045-115-01 2018-2019 $1,033.30, paid. $1,033.30, open (Delinquent after April IO) $126.33 None 07-001 CL TA Preliminary Report Form -Modified ( 11/17 /06) Page5 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30022572-lMB F. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows: Tax Identification No.: Fiscal Year: 1st Installment: 2nd Installment: Penalty and Cost: Homeowners Exemption: Code Area: 045-115-10 2018-2019 $419.33, paid. $419.33, open (Delinquent after April 10) 64.93 None 07-001 G. 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 Policy. 1. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: in Book 151, page 240 of Deeds 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. 3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: in Book 151, page 271 of Deeds 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. 4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording No: in Book 151, page 319 ofDeed 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. CLTA Preliminary Report Form-Modified (11/17/06) Page6 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30022572-lMB 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primacy language, ancestty, 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: in Book 151, page 348 of Deeds 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. 6. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primaty language, ancestty, 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: in Book 151, page 350 of Deeds 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. 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, citizenship, immigration status, primaty language, ancestty, 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: in Book 923, page 462 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. 8. A subsurface oil and gas lease for the term therein provided, with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, disclosed by document: Lessee: Recording Date: Recording No: George F. Arto July 29, 1947 in Book 1540, page 86 of Official Records Said lease affects that portion of said Land lying below a depth of 100 feet from the surface thereof. Said lease provides for no right of surface entty. No insurance is made as to the present ownership of the leasehold created by said lease, nor as to other matters affecting the rights or interests of the lessor or lessee in said lease. CL TA Preliminaiy Report Form -Modified ( 11/17 /06) Page7 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company OrderNo.: 997-30022572-lMB 9. The effect of the Assignment dated February 6, 1951, from Jergins Oil company, a California corporation, to Humble Oil & Refining Company, a corporation, of an undivided one half interest in and to the subsurface right of way to drill under all lands or the subsurface of any lands within the City Boundary of the City of Newport Beach lying northwesterly of the southeasterly line of fifty-third Street and the Northeasterly and Southwesterly prolongation of said southeasterly line of said Fifty-Third Street, which right of way the City of Newport Beach granted by an unrecorded instrument dated July 24, 1950 to Jergins Oil Company, a California corporation, said assignment being recorded January 3, 1952 in Book 2270, pages 258 and 282 of Official Records and to which recorded. Reference is hereby made for all particulars. 10. The effect of the Unrecorded Agreements referred to in the Assignment last above mentioned as follows: An Agreement dated November 1, 1943 by and between the City of Newport Beach and D. W. Elliott ''which Agreement was subsequently assigned by said D.W. Elliot to Jergins Oil Company": An operating agreement dated November 15, 1950 by and between Jergins Oil Company and Humble Oil & Refining Company and an Agreement dated July 17, 1950 by and between D. W. Elliott and Aileen M. Elliott, as first parties, and Jergins Oil Company, as second party. 11. A subsurface oil and gas lease for the term therein provided, with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, disclosed by document: Lessee: Recording Date: Recording No: and Recording Date: and Recording No: Monterey Oil Company, a corporation and Humble Oil & Refining Company, a corporation October 27, 1953 in Book 2602, page 315 of Official Records December 8, 1953 in Book 2629, pages m, 252, 322 and 365, all of Official Records Said lease affects that portion of said Land lying below a depth of 400 feet from the surface thereof. Said lease provides for no right of surface entry. No insurance is made as to the present ownership of the leasehold created by said lease, nor as to other matters affecting the rights or interests of the lessor or lessee in said lease. 12. Matters contained in that certain document Entitled: Executed by: Recording Date: Recording No: An Agreement as to Parking City of Newport Beach, a municipal corporation, and Richard W. Beamish and Ronald K. Diggins, doing business as Beamish & Diggins, a co-partnership, and Frank C. Cortese, a married man March 30, 1961 in Book 5673, page 160, of Official Records Reference is hereby made to said document for full particulars. CLT A Preliminary Report Form -Modified (11/17 /06) Page 8 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30022572-lMB 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company pole lines and incidental purposes September 27, 1961 in Book 5862, page 334 of Official Records A portion of the land 14. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: January 29, 1965 Recording No: in Book 7396, page 548 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. 15. Matters contained in that certain document Entitled: Subsurface Pass-Through Easement Executed by: Valera G. Romer and the City of Newport Beach, a municipal corporation, its successors and assigns Recording Date: April 15, 1981 Recording No: in Book 14020, page 1613 of Official Records Reference is hereby made to said document for full particulars. 16. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 17. 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. 18. 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. CLTA Preliminary Report Form -Modified (11/17 /06) Page9 PRELIMINARY REPORT Your Reference: EXCEPTIONS (Continued) Fidelity National Title Company Order No.: 997-30022572-1 MB 19. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND "REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CL TA Preliminary Report Form -Modified (11/17 /06) Page 10 PRELIMINARY REPORT Your Reference: REQUIREMENTS SECTION Fidelity National Title Company OrderNo.: 997-30022572-lMB 1. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company: 5930 W. Coast Highway, LLC, a California limited liability company a) A copy of its operating agreement, if any, and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps. c) If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member. d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity is currently domiciled. e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. f) If Limited Liability Company is a Single Member Entity, a Statement of Information for the Single Member will be required. g) Each member and manager of the LLC without an Operating Agreement must execute in the presence of a notary public the Certificate of California LLC (Without an Operating Agreement) Status and Authority form. 2. Prior to the close of escrow, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. 3. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CLTA Preliminary Report Form-Modified (11/17/06) Page 11 PRELIMINARY REPORT Your Reference: INFORMATIONAL NOTES SECTION Fidelity National Title Company Order No.: 997-30022572-lMB 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land Commercial properties, known as 5930 West Coast Highway, located within the city of Newport Beach, California, 92663, to an Extended Coverage Loan Policy. 3. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 4. 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. 5. 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. 6. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Mike Brinkman (MA)/gp CLTA Preliminary Report Form -Modified (11/17 /06) Page 12 ::1W1 RE SAFE~ j 1nquire before you wire, Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Wire Fraud Alert Federal Bureau of Investigation: http://www.fbi.gov Internet Crime Complaint Center: http://www. ic3. gov Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and© Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal 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. 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 FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC0219 (DSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 30022572-997-MAT-lMB • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety ofFNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other 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 limit access to nonpublic personal information about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws. Choices With Your Information If you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, or physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vennont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country 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 acc;ess 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 FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 4/23/18) Page 2 Order No. 30022572-997-MAT-lMB 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: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 MISC0219 (DSI Rev. 4/23/18) Copyright© 2018. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 30022572-997-MAT-lMB Notice of Available Discounts Pursuant to Section 2355.3 in Title IO 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 field 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 each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNTC -Fidelity National Title Company FNTCCA-Fidelity National Title Company of California Available Discounts FNF Underwriter FNTIC -Fidelity National Title Insurance Company CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) 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 or 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 (FNTIC) 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 (FNTIC) 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 40% to 50% of the appropriate title inswance rate, depending on the type of coverage selected. CA Discount Notice Page 1 OWNER'S DECLARATION The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at -------------------------------------' further described as follows: See Preliminary Report/Commitment No. 30022572-997-MAT-lMB for full legal description (the "Land"). b. Declarant is the ____________ of ________________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at ------------------------------------' further described as follows: See Preliminary Report/Commitment No. 30022572-997-MAT-lMB for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of$ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy ( and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. 5. The Land is currently in use as---------___________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on __ at Signature:------------ CA Discount Notice Effective Date: 12/02/2014 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION ST AND ARD 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 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. 2. 3. 4. 5. 6. 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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 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. (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. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 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; Attachment One (6-5-14) CA & NV Page 1 d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to' any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. 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) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 ofland; 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 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; Attachment One (6-5-14) CA & NV Page2 (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. Un enforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date ofrecording 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: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. ( a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the 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:) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 1 O); or Attachment One (6-5-14) CA & NV Page3 ( 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 in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (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 ofland; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, I3(c), I3(d), 14 or 16. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, I3(c), I3(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 does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Un enforceability 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 1 l(b) or 25. Attachment One (6-5-14) CA & NV Page4 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 (6-5-14) CA & NV Page 5 if~ 001 ai.·I ll g-j !~II ~~i gl > gt ;al ~~Ii~ ~ ~i ~·1, i§ i·I c:a. iilm £::: _,:, "'"' i Hi HI 8.~1 :!ii ~[I !5·1 : ~fl I ji,!g,I U1 ![i : ~ ~I ! ~ iill i :,tiii" i ~ g., I O:,! ,s:ifl "'Ill~~%, ~IH~:I ~i !~II. -1 !i ' gi-,,1 al a H·1 I ~ &' ' 5·§1 !fl ~ii :,a. ii !~1 ~ I ~ ! [i g-_RI ~! ;~ m·i mu.· a1 3 ai :i,1 "'"'II J: ! _m-~ ll ~ji ~I i~l1 -"I ~ i !£1 .., -~i ~[ Q)i ~ a. t:' ~i1 ~i h-1 :S:1 !!l-!:!1 I 2 ~ l~ THIS I/AP lrAS PRfPAf/£0 FOR ORANGE COIINTY ASSfSSOR Of Pr. PUIIPOSE:S ONI. r. THE: ASSE:SSOR IIAKE:S NO GUARANTfE AS TO ITS ACCURACY NOR ASSUME:S ANY LI AB n trr FOR OTHfR USfS. NOT TO 8£ RfPROOUC£0. AU RIGHTS RfSfRVfO. ~ COPYRIGHT ORANGE COUNTY ASSESSOR 2011 © \. / :20 LOT 4 07 + _J I II I ~I .... 1:1 e:: II) ,s· ti It! ~ ~ MARCH 1949 NEWPORT SHORES SEASHORE ~I _____ JJ ·' I .... :: -----1~1-------1 ll @ ·' @ I!: II) I I I' l I P.M. 78·48,49 _____ .LI) I ~, -----{i ' •l COAST ~ L-----: ';; :~ @ ~ ,-~-=--~-; ~ SEASHORE COLONY TR, ADO, RIVER SECTION 0 SE.CON LOT4 DETAIL "A" M,11, 7-25 M,11, 4-25 10 I\ .... ~ e: II) ...L i DRIVE 045-11 1° = 60' ~ @) --------1 !::: ti. l;j ~~ @ -@ I ~ i .,,.. ~ " SEE DETAIL HA • BOULEVARD .J NOT£ -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'S MAP BOOK 045 PAGE 11 COUNTY OF ORANG£ D I o;il a' ~I ~;·1 6 ~1 !ti ::::C WI :,"!?_I ;;. 81 m!!!.I ~ Rl1 -g iii'i ~~] §i: : ocoi 1H ~ :1 H! .HI 3.EI i!I ifi.j ""' ;;,a,I a.w1 i §:1' 3 g-i~1 i~I, I ;ii ! ~gi i 3 0:1 15'"C m 11!~ §..9: ~fH 1 : i! ;ii. ~i ~-ii !~I a.Cl ~·!I ~.gl o ;;,1 a. , m~ ti *ii m I I mi [1 g.a1 ~I ;[I m·i m (n" ~I i s.l (DI :,Q) ~I !~ II ~!I :..;.: <gs: ~i ~ ;1 ~I s:al ~i ~ ~I ~i m:fi'.11 o: ~ ~ ~I [g.~I i Hi THIS MAP WAS PREPAREO FOR ORANGE COUNTY ASSESSOR OEPT, PURPOSES ONLY, THE ASSESSOR MAKES NO GUARANTEE: AS TO ITS ACCURACY NOR ASSUMES ANY LIABILITY FOR OTHER USES, NOT TO BE REPROOUCEO, ALL RIGHTS RESERVED, l!:J COPYRIGHT ORANGE COUNTY ASSESSOR 2011 \ © J'':20' LOr 4 ~ .. £i 07 •f{,t"l r·· ..... ,..,. ,11• w + (;t SE.COH OETAIL • A n LOr 4 _J ~, I,,,, l:l e: Ill ,.. ~ ~ ~ t I II I NEWPORT SHORES SEASHORE ~I _____ JJ ,I I " COLONY :'} ~~ ::: JI I!: @ 0) -----~~4l::I:. I !l @ Ii ,._, ·;i..,111---_.....----11 P.M.78·48,49 _____ .L2J1~---,J~ 30' I I ---~ ii, ,ii @ -i -----~ ,______ ~ ~ 1• ..... ~. COAST ~ MARCH 1949 SEASHORE COLONY TR, ADO, RIVER SECTION M,M, 7-25 M,M, 4-25 --· 10 lt .... l:l e: 1:1) I -t I ~- .... 1:1) io \ DRIVE r ··-:_.,. .. ....L 311'k:..,_f:H'J ~ sa oErAtL "A • BOULEVARD NOTE -ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES ASSESSOR'S MAP BOOK 045 PAGE 11 COUNTY OF ORANGE 045-11 1 • = 60' t:: ..J D OWNER'S DECLARATION Escrow No.: 30022572-997-MA T-lMB Property Address: 5930 West Coast Highway Newport Beach, CA 92663 The undersigned hereby declares as follows: 1 . (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 5930 West Coast Highway, Newport Beach, CA 92663, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5930 West Coast Highway, Newport Beach, CA 92663, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5. The Land is currently in use as occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at Signature: Owner's Declaration M1SC0220 (DSI Rev. 10/17/17) Printed: 7/15/2013 1:22 PM by GP Page 8 Escrc OWNER'S DECLARATION Escrow No.: Property Address: 30022572-997-MA T-lMB 5930 West Coast Highway Newport Beach, CA 92663 The undersigned hereby declares as follows: 1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 5930 West Coast Highway, Newport Beach, CA 92663, further described as follows: See Preliminary ReporVCommitment No. for full legal description (the "Land"). b. Declarant is the of _______________ _ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 5930 West Coast Highway, Newport Beach, CA 92663, further described as follows: See Preliminary ReporVCommitment No. for full legal description (the "Land"). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above-referenced Preliminary ReporVCommitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary ReporVCommitment. 5. The Land is currently in use as occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. 8. Between the most recent Effective Date of the above-referenced Preliminary ReporVCommitment and the date of recording of the Insured lnstrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___ at Signature: Owner's Declaration M1SC0220 (DSI Rev. 10/17/17) Printed: 7/15/2013 1:22 PM by «User Initials>> Page9 Escrc Owner's Declaration M1SC0220 (DSI Rev. 10/17 /17) Printed: 7/15/2013 1 :22 PM by <<User Initials» Page 10 Escrc