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HomeMy WebLinkAbout20210407_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- □ 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 D Lot Line Adjustment D Parcel Map 2. Project Address(es)/Assessor's Parc~I No(s) j4100 NewpC>~Plac~ Drive, ~~wport ~each/ 427-181~13 CITY OF NEWPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca. gov/comm u n itydevelopment D Staff Approval D Tract Map D Traffic Study Ii] Use Permit-li!Minor □Conditional D Amendment to existing Use Permit D Variance □ Amendment -□Code □PC □GP □LCP D Other: 3. Project Description and Justification (Attach additional sheets if necessary): Remodel existing space into a sandv ..;h shop and cafe with kitchen and indoor and exterior seating. 4. Applicant/Company Name I DaleLyon / Olen Properties ~orp Mailing Address j 7 Corporate Plaza City I Newport Beach Phone j 94~.719.7221 Suite/Unit---'...---=---------===== State 1,--c-A-. ----1 Zip ___ I 9_26_6_0 _ ___. Fax~' ---~--~~' Email I dlyon@olenproperti~s-?om 5. contact/Company Name J Dale Lyon/ Olen Properties Corp Mailing Adclress j 7 CorporatePlaza City I Newport Beach Phone I 949. 719. 7221 Suite/Unit .,:._I ..... ________ ~---________ -_ __.I State . .--, c-./J,..-~--1 Zip ___ l 9_26~6 ___ 0 ____ ..............,I Fax -, ------Email J dlyon@olenproperties.com I 6. Property Owner Name I Newport Corporate Tower LLC Mailing Address j 7 Corporat~ Plazc1 I ---, City I Newport Beach Phone j 949.719.7221 Suite/Unit ....... 1 ..... -...: ___ ~-____ ~-____ =.,. __ State ,~C_A ____ j Zi)O 192660 I Fax 1-------, Email I dlyC>n@olenproperties.com I 7. Property Owner's Affidavit*: (I) (We) I Newport Corporate Tower LLC j depose and say that (I am) (we are) the owner(s) of the property (ies) involved in this application. (I) (We) further certify, under penalty of perjury, that the foregoing statements and answers herein contained and the information herewith submitted are i all respects true and correct to the best of (my) (our) knowledge and belief. I Date: I I./ faJ;; / ~DD/YEAR Signature(s): ______________ Title: ,-.............. ------------,Date:.,__' -~---------'---' *May be signed by the lessee or by an authorized agent if written authorization from the owner of record is filed concurrently with the application. Please note, the owner(s)' signature for Parcel/Tract Map and Lot Line Adjustment Application must be notarized. I :\Users\CDD\Shared\Admin\Planning_Division\Applications\Application_ Guidelines\Planning Permit Application_2021.docx Rev: 01124/17 PA2021-081 I:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\Office Use Only Form Updated 01/27/2020 2700-5000 Acct. Deposit Acct. No. ________________________ For Deposit Account: Fee Pd: _______________________________________ Receipt No: ____________________________ FOR OFFICE USE ONLY Date Filed: _______________________ APN No: __________________________ Council District No.: _________________ General Plan Designation: ____________ Zoning District: _____________________ Coastal Zone: Yes No Check #: __________ Visa MC Amex # ____________ CDM Residents Association and Chamber Community Association(s): _______________________ Development No: __________________________ _____________________________________________ Project No: ________________________________ _____________________________________________ Activity No: _______________________________ Related Permits: ___________________________ Remarks: ________________________________________________________________________________________ □ □ □ □ □ □ □ □ PA2021-081 I DANDELION CAFE 4100 Newport Place 1. Planning Permit Application 2. City Information Letter 3. Title 4. Mailing Labels and Radius Map 5. Dandelion Menu 6. Authorized Agent Letter PA2021-081 SPECIAL MEETING OF BOARD OF DIRECTOS OF NEWPORTCORPORATETOWERLLC On April 5, 2021, the Board of Directors of Newport Corporate Tower LLC, (the "Company"), at a Special Meeting, moved, seconded, and adopted the following Resolution: RESOLVED: that Dale Lyon, 7 Corporate Plaza, Newport Beach, California 92660, is authorized to act as the agent of, take actions on behalf of and execute any and all documents reasonably necessary in his sole determination on behalf of the Company pertaining to the project commonly known as Newport Corporate Tower, located at 4100 Newport Place, Newport Beach, California. This authorization shall include, but not be limited to, development, agreements, negotiations, voting, applications and any land all transactions with the City of Newport Beach. This authorization shall remain effective until revoked by the Board. DA TED: April 5, 2021 ~. Natalia Ostensen, Manager PA2021-081 RE: MINOR USE PERMIT Statement of Information Dandelion Cafe, 4100 Newport Place We are requesting a Minor Use Permit to allow a 2,212 square-foot eating and drinking establishment (Dandelion Cafe) within an existing structure that is part of an existing office and parking structure located at 4100 Newport Place. The establishment will have a full kitchen, interior seating of 19 seats and an exterior patio with 23 seats (shared with office tenants) for a total of 42 seats. This use is an approved use and will be ancillary to the office tower and surrounding commercial project. There is an existing cafe/deli in the lobby of the office building that will be replaced with this proposal. Dandelion Cafe's operation expects to have a maximum of 4 employees per shift and the hours of operation will match the office building: 7:30 AM to 7:30 PM, Monday through Friday. Dandelion Cafe will be applying for a Type 41 Beer and Wine -On Premises at Eating Establishment license. The cafe will occupy an existing space within the building. In 2003, a concrete tilt-up structure that was two racquetball courts on the exterior of the parking structure was converted into two accessible parking stalls and an enclosed storage room. We are requesting to modify this structure to accommodate the Cafe' s use. See attached plans and exhibits. The additional architectural elements that are being added to the plain concrete wall will be a welcome and harmonious improvement to the exterior design of the building and property. The General Plan designates this site as MU_H2. The site is in the PC-11 (Newport Place Planned Community Zoning district) Zoning. This use is an approved use within these designations. The existing project parking for the whole site is based on a total of 255,910 square feet or 113 8 parking spaces required. Existing Parking provided is 11 78 spaces. These spaces are provided both onsite and within a parking structure. The parking for the Cafe will require 30 Space (based on 1/50 parking to square feet of net Public area of 1434 sq. ft.) for a new total parking requirement of 1168 space (1138 + 30 = 1168) this equates to a 10 space surplus. As you will see above and attached, this application meets all five ( 5) of the required findings for a Minor Conditional Use Permit. This will be the second Dandelion Cafe location in the area. The first location is at 2603 Main St. in Irvine, which has been an appreciated amenity of the Century Centre office project for over five years. Ownership of the office complexes owns and operates Dandelion Cafe in order to provide top-quality food service to their tenants, guests and employees. See attached menu. Also see Dandelion Cafe's website at www.dandelionirvine.com. PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S ft~ BREAKFAST SERVED FROM 8AM TO 10:30AM FRENCH TOAST STICKS With Powdered Sugar & Maple Syrup I vg BREAKFAST PANINI Scrambled Eggs, Applewood Smoked Bacon or Ham, Cheddar, Sourdough CLASSIC BREAKFAST Two Eggs any style, choice of Applewood Smoked Bacon or Chicken Sausage & Toast SUNRISE WRAP Avocado, Seitan Chorizo, Egg White, Feta Cheese, Flour Tortilla, Roasted Tomato Salsa I vg BREAKFAST BURRITO Scrambled Eggs, Potato, Applewood Smoked Bacon, Bell Pepper, Green Onion, Mozzarella & Cheddar Cheese, Flour Tortilla, Roasted Tomato Salsa AVOCADO TOAST dandelionirvine .com/menu/ $3.95 $8.25 $6.50 $6.95 $7.95 $6.00 1/10 PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US KIM'S RICE & EGGS 2 Scrambled Eggs, White Rice or Organic Quinoa, Tamari & Scallions I gf I vg STEEL CUT OATMEAL Organic Steel-Cut Oatmeal topped with Currants, Brown Sugar & Shaved Almonds I gf I vn SALMON GRAVLAX BAGEL Toasted Onion Bagel, Cured Salmon Gravlax, Shaved Red Onion, Cream Cheese, Dill BREAKFAST BITES Muffins $3.95 Croissants $3.75 Bagels $3.75 Whole Fruit $1.75 Parfait $4. 95 Hard-boiled Egg $1.25 fl~ LUNCH SERVED FROM 10AM TO 2:30PM dandelionirvine.com/menu/ ANDREI'S $6.50 $4.25 $8.25 2/10 PA2021-081 4/2/2021 DAILY SEASONAL SOUP Cup $41 Bowl $5.95 B.L.A.T. HOME Menu -Dandelion MENU CATERING CONTACT US ANDREI'S SANDWICHES & WRAPS Applewood Smoked Bacon, Romaine Lettuce, Tomato, Avocado, Herb Mayo, Sourdough Bread -- -GREEN MACHINE SANDWICH ~c.,., Chimichurri-Marinated & Roasted Green Bell Pepper, Eggplant, Zucchini, Buffalo Mozzarella, Spinach-Basil Pesto, Ciabatta Bread I vg BARBECUE CHICKEN WRAP Barbecue Chicken, Pepper Jack, Red Onion, Mixed Greens, Tomato, Cilantro, Tortilla Strips, Cilantro Ranch, Tortilla TURKEY CLUB SANDWICH House-Roasted Mary's Farm Turkey, Applewood Bacon, White Cheddar, Tomatoes, Herb Mayo, Wheat Bread GRILLED CHICKEN SANDWICH Paprika-Marinated Grilled Chicken Breast, Anaheim Peppers, Swiss Cheese, Serrano Aioli, Grilled Tomatoes, Butter Lettuce, Brioche dandelionirvine.com/menu/ $8.95 $7.95 $8.95 $11.50 $10.50 3/10 PA2021-081 4/2/2021 dandelionirvine.com/menu/ Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S -- SALADS CALIFORNIA COBB SALAD Roasted Turkey, Smoked Bacon, Ham, Hard-boiled Egg, Iceberg Lettuce, Kalamata Olives, Tomato, Avocado, Ranch Dressing I gf SANTORINI SALAD Spice-Marinated Chicken, Baby Wild Arugula, Romaine Lettuce, Tomato, Persian Cucumber, Feta Cheese, Kalamata Olives, Artichoke, Fresh Herbs, Champagne Vinaigrette I gf DANDELION SALAD Butter Lettuce, Romaine, Goat Cheese, Sliced Almonds, Cucumbers, Tomatoes, Sherry Vinaigrette I vg I gf I Add Chicken or Turkey $2. 95 Add Tuna or Steak $3.50 CAESAR SALAD Romaine Lettuce, Parmesan, Garlic & Herb Toasts, Caesar Dressing I vg I Add Roasted Chicken $2.95 ASIAN CHICKEN SALAD Julienne Napa Cabbage, Fried Wantons, Mandarin Wedges, Scallions, Sriracha-Marinated Chicken, Orange Sesame Vinaigrette BOWLS $10.50 $8.95 $7.50 $5.50 $8.95 4/10 PA2021-081 4/2/2021 ....._.,..., dandelionirvine.com/menu/ Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S Thinly-Sliced Beef, Stir-Fried Mushrooms, Broccolini, Zucchini, Bell Pepper, Sesame-Ginger Sauce with Organic Quinoa or White Rice I gf MOROCCAN BOWL -- Moroccan-Seasoned Roasted Veggies & Avocado, Tahini, Sesame Seeds with Organic Quinoa or White Rice I vn I gf I Add Chicken $2. 95 or Steak $3.50 CABOBOWL Roasted Chicken Breast, Black Beans, Spiced Jicama, Mozzarella, Shredded Cabbage, Pico de Gallo, Avocado- Cilantro Sauce with Organic Quinoa or White Rice I gf POKE BOWL Chef's Selection of Seafood, Baby Mixed Greens, Julienne Carrots, Sweet & Sour Sauce, Hot Soy Sauce with Organic Quinoa or White Rice FROM THE GRILL TUNA MELT Wild-Caught Albacore Tuna Salad, Provolone Cheese, Multi Grain Bread CALI BURRITO Grandma's Mexican Black Beans, White Rice, Mozzarella & Cheddar, Pico de Gallo, Lettuce, Tortilla, Guacamole I vg I Add Blackened Chicken or Carne Asada $3 $6.50 $9.95 $10.25 $8.95 $7.25 5/10 PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S --- Grilled Steak, Avocado, Grandma's Mexican Black Beans, Tomato, Mayo, French Baguette, Iceberg Lettuce, Side of Jalapenos CLASSIC GRILLED CHEESE Cheddar, Mozzarella, Grilled Sourdough I vg Add Smoked Bacon or Avocado $2 DANDELION FRENCH DIP Sliced Black Angus Beef, Grilled Onions, Provolone, Creamy Horseradish, French Roll DANDELION BURGER 6 oz. Ground Beef Burger, Bacon, Cheddar Cheese, Sliced Tomato, Red Onions, Lettuce, Dijonnaise, Sesame Bun DAILY STREET TACOS Chef's Selection of Protein, Pickled Red Onions, Shaved Cucumbers, Avocado Sauce, Cilantro Corn Tortillas COFFEE dandelionirvine.com/menu/ $8.95 $10.95 $13.95 $8.50 6/10 PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S --- LATTE $3.50 AMERICANO $2.50 FRESH BREWED COFFEE $1.95 DARK CHOCOLATE MINT MOCHA $3.95 TOASTED ALMOND LATTE $3.75 MOCHA $3.85 CAPPUCCINO $3.50 ESPRESSO $1.95 dandelionirvine.com/menu/ 7/10 PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S --.., .... .,.., TEA HOTTEA $2.50 Seasonal Tea Selections ICED TEA $2.75 Classic Black• Herbal Mint ORGANIC TEA LATTE $3.75 Chai• Green • Earl Grey• Coconut Creme• Happy• Feel Better• Velvet THE CURE $3.95 Feel Better Tea, Brulee Mint Tea, Fresh Lemon & Honey TEA DESCRIPTIONS ENGLISH BREAKFAST Robust with flavor, our traditional blend of organic black tea is perfect for starting the day. It brews smooth and malty, with a clean fmish I Hot Tea dandelionirvine .com/menu/ • 8/10 PA2021-081 4/2/2021 Menu -Dandelion HOME MENU CATERING CONTACT US ANDREI'S EARL GREY CREME Organic high grown estate black tea hand-blended with fragrant oil of bergamot and a touch of French vanilla I Hot Tea FEEL BETTER This organic signature blend, based on traditional Ayurvedic & Western botanicals like Rooibos, Fennel, Orange Peel, Raspberries and Echinacea, helps to rebuild wellness from within I CF I Hot Tea TAU'S MASALA CHAI A fusion of organic Assam tea anchored in cardamom, cinnamon, ginger, and other spices, is (lnely balanced to create the perfect aromatic blend I Hot Tea HAPPY Lift your spirits with a cup of this organic Guayusa tea blended with sweet raspberries, hibiscus flowers and the floral scent of jasmine I Hot Tea PASSION FRUIT JASMINE This award-winning blend of select black and green teas, jasmine blossoms, and passion fruit essence has a long-lasting, sweet flavor and astounding aroma that carries well I Iced or Hot CLASSIC BLACK This award-winning bright and brisk whole leaf Nilgiri tea has been hand blended with smooth rich Yunnan golden buds to create a supremely classic infusion I Iced VELVET A deep velvety base of organic rooibos, chocolate and refreshing mint leaves. The (lnish is smooth, complimented by a touch of vanilla I CF I Hot Tea Substitute Almond or Coconut Milk for $0.50 Dining in?We can serve your coffee or tea in a ceramic mug. Please ask for this when ordering. DANDELION THERMOS Be Green: Save $0.25 on all coffee and tea beverages with your Dandelion thermos. We are proud to brew coffee and tea by dandelionirvine.com/menu/ 9/10 PA2021-081 4/2/2021 HOME MENU CATERING r" ,, • "' ~ l ~ · ·: Orde,r,~ith GRUB~UB. .' CONNECT WITH US ~ 'i. .,. ~ ' '-"' , ~ ~ t • © Dandelion 2019 dandelionirvine .com/menu/ Menu -Dandelion CONTACT US ANDREI'S GET IN TOUCH inquiry@Dandelionlrvine.com catering@Dandelionlrvine.com 949.471.0808 2603 Main Street, Suite 150 Irvine, California 92614 Open Monday through Friday 8am-2pm -- HAVE YOU TRIED OUR LUNCH & DINNER RESTAURANT, ANDREI'S CONSCIOUS CUISINE & COCKTAILS? l>VisitushereJ JOIN OUR MAILING UST FOR SPECIAL OFFERS EMAIL* SUBSCRIBE 10/10 PA2021-081 ~Chicago Title Company 4911 Birch Street, , Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00148661-987-OC1-K27 Olen Properties Seven Corporate Plaza Newport Beach, CA 92660 ATTN: Julie A. Ault Email: jault@olenproperties.com REF: Escrow/Customer Phone: (949) 724-3117 Title Officer: John Balassi/Jason Silva (QC/Comm) Title Officer Phone: (949) 724-3117 Title Officer Fax: (949) 258-5237 Title Officer Email: CTCommercialTitleNewport@ctt.com PROPERTY: 4100 NEWPORT PLACE DRIVE, NEWPORT BEACH, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Title Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company ~ By·-= A'l'TF.'>l' l'rc<klettt Authorized Signature CLTA Preliminary Report Form -Modified (11/17/06) Page 1 PA2021-081 ~ Chicago Title Company 4911 Birch Street, , Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 PRELIMINARY REPORT EFFECTIVE DATE: March 26, 2021 at 7:30 a.m. ORDER NO.: 00148661-987-OC1-K27 The form of policy or policies of title insurance contemplated by this report is: A Preliminary Report Only 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee as to Parcel(s) Parcel No(s) for fee parcel(s) A Easement(s) more fully described below as to Parcel(s) B 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: NEWPORT CORPORATE TOWER, LLC, a Delaware 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 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: EXHIBIT "A" LEGAL DESCRIPTION Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 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 A: PARCEL 1 OF PARCEL MAP NO. 91-202, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 270, PAGES 29 AND 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. EXCEPT FROM A PORTION OF SAID LAND ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW 500 FEET FROM THE SURFACE OF SAID REAL PROPERTY, PROVIDED, HOWEVER, THAT GRANTOR IN THE DEED HEREINAFTER MENTIONED EXPRESSLY WAIVED THE RIGHT TO ENTER UPON THE SURFACE, OR THE UPPER 500 FEET MEASURED VERTICALLY DOWNWARD FROM THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES AS RESERVED IN THE DEED FROM THE NEWPORT PROJECT, A JOINT VENTURE, RECORDED APRIL 07, 1975 AS INSTRUMENT NO. 4799, IN BOOK 11372, PAGE 283 OF OFFICIAL RECORDS. ----------- ALSO EXCEPTING FROM THE REMAINDER OF SAID LAND THE FULL RIGHTS TO ALL MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES EXISTING BELOW FIVE HUNDRED (500) FEET FROM THE SURFACE OF SAID REAL PROPERTY, PROVIDED, HOWEVER, THAT THE RIGHT TO ENTER UPON THE SURFACE OF SAID REAL PROPERTY FOR THE PURPOSE OF EXPLORING FOR, OR PRODUCING THE MINERALS, PETROLEUM, GAS AND OTHER HYDROCARBON SUBSTANCES HAS BEEN WAIVED, AS RESERVED IN DEED RECORDED MARCH 10, 1972 AS INSTRUMENT NO. 8428, IN BOOK 10032, PAGE 969 OF OFFICIAL RECORDS. PARCEL B: EASEMENTS FOR ACCESS, INGRESS, EGRESS AND USE AND ENJOYMENT OF, TO AND OVER THE COMMON AREA AS SET FORTH IN THAT CERTAIN OPERATION AND RECIPROCAL EASEMENT AGREEMENT RECORDED FEBRUARY 08, 2002 AS INSTRUMENT NO. 20020107583 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. -- APN: 427-181-13 Cl TA Preliminary Report Form -Modified (11/17/06) Page 3 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 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, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022. B. 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: 427-181-13 2020-2021 $454,671.19, PAID. $454,671.19, OPEN (Delinquent after April 10) $45,490.11 $0.00 07-061 C. 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. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: County Sanitation District No. 7 of Orange County, California Sewer facilities, including pipe lines, sewerage pump station and appurtenant facilities September 14, 1961 as Instrument No. 9205, in Book 5848, Page 331 of Official Records A portion of Parcel B 3. A perpetual air or flight easement, sometimes referred to as avigation rights, in and to all the air space above those portions of particular planes or imaginary surfaces that overlie said Land for use by aircraft, present or future, from or to the Orange County Airport, said easements and rights being more particularly described and defined in and granted to the County of Orange by deed set forth below: Recording Date: March 17, 1964 Recording No.: as Instrument No. 14543, in Book 6965, Page 721 of Official Records The planes above which said easement lies are more particularly described in said Deed and shown on a map referred to therein. CLTA Preliminary Report Form -Modified (11/17/06) Page4 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company Underground electrical supply systems and communication systems May 24, 1971 as Instrument No. 16692, in Book 9650, Page 170 of Official Records A portion of Parcel B 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, 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: August 19, 1971 Recording No: as Instrument No. 17664, in Book 9768, Page 919 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. 6. The ownership of said Land does not include rights of access to or from the street, highway, or freeway abutting said Land, such rights having been relinquished by the document, Recording Date: Recording No: Affects: December 02, 1971 as Instrument No. 2173, in Book 9910, Page 625 of Official Records Parcel B 7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company Underground electrical supply systems and communication systems May 12, 1978 as Instrument No. 19181, in Book 12672, Page 1935 of Official Records A portion of Parcels A and B 8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company Underground electrical supply systems and communication systems September 26, 1979 as Instrument No. 32347, in Book 13325, Page 1944 of Official Records A portion of Parcel B Note: A portion of said easement was quitclaimed by a document recorded March 19, 1992 as Instrument No. 92-167612 of Official Records. CLTA Preliminary Report Form -Modified (11/17/06) Page 5 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 EXCEPTIONS (Continued) 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 10. Granted to: Purpose: Recording Date: Recording No: Affects: The City of Newport Beach Sanitary sewer September 27, 1979 as Instrument No. 34671, in Book 13328, Page 213 of Official Records A portion of Parcel B A covenant and agreement for off-street parking space, dated January 14, 1986, executed by and between Stuart Mitchell Ketchum, Jr., and the Devil's Triangle Partnership, recorded April 15, 1986 as Instrument No. 86-149743 of Official Records, upon the terms, provisions, covenants, conditions, restrictions and easements contained therein. Affects: Parcels A and B 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company Underground electrical supply systems and communication systems October 11 , 1988 as Instrument No. 88-518454 of Official Records A portion of Parcel B 12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: Southern California Edison Company Underground electrical supply systems and communication systems May 04, 1989 as Instrument No. 89-276229 of Official Records A portion of Parcel B 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The City of Newport Beach Water line facilities March 26, 1992 as Instrument No. 92-186675 of Official Records A portion of Parcel B 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The City of Newport Beach Water line facilities March 26, 1992 as Instrument No. 92-186676 of Official Records A portion of Parcel A CL TA Preliminary Report Form -Modified ( 11 /17 /06) Page 6 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: Affects: The City of Newport Beach Water line facilities December 30, 1992 as Instrument No. 92-891901 of Official Records A portion of Parcel B 16. Reciprocal easements, for the purpose(s) shown below and rights incidental thereto as created by the following document: Document: Operation and Reciprocal Easement Agreement Executed by: Advent Realty Limited Partnership 11, a Delaware limited partnership, Bank of America, N.A., a national banking association, and James Glidewell Purpose: As described therein Recording Date: February 08, 2002 Recording No: as Instrument No. 20020107583 of Official Records Affects: A portion of said land as more particularly described in said document 17. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: Dated: Prepared by: Matters shown: 1806278-16052 June 18, 2018 Allan Caviness, on behalf of ASM Inc. A). Building violates front setback by no more than 0.3". 18. A deed of trust to secure an indebtedness in the amount shown below, Amount: Dated: Trustor/Grantor Trustee: Beneficiary: Loan No.: Recording Date: Recording No: $45,000,000.00 July 19, 2018 Newport Corporate Tower, LLC, a Delaware limited liability company Fidelity National Title Company Transamerica Premier Life Insurance Company, an Iowa corporation 10518162 July 19, 2018 as Instrument No. 2018000264233, Official Records CLTA Preliminary Report Form -Modified (11/17/06) Page 7 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: EXCEPTIONS (Continued) Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 This Company will require that the original note, the original deed of trust and a properly executed request for full reconveyance together with appropriate documentation (i.e., copy of trust, partnership agreement or corporate resolution) be in this office prior to the close of this transaction if the above-mentioned item is to be paid through this transaction or deleted from a policy of title insurance. Any demands submitted to us for payoff must be signed by all beneficiaries as shown on said deed of trust, and/or any assignments thereto. In the event said demand is submitted by an agent of the beneficiary(s), we will require the written approval of the demand by the beneficiary(s). Servicing agreements do not constitute approval for the purposes of this requirement. If no amounts remain due under the obligation a zero balance demand will be required along with the reconveyance documents. In addition, we require the written approval ofsaid demand by the trustor(s) on said deed of trust or the current owners if applicable. 19. An assignment of all the moneys due, or to become due as rental, as additional security for the obligations secured by deed of trust shown as item no. 18 Assigned to: Recording Date: Recording No: Transamerica Premier Life Insurance Company, an Iowa corporation July 19, 2018 as Instrument No. 2018000264233, Official Records 20. 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. 21. 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. 22. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 23. 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. 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 8 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS SECTION Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 1. 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. 2. 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: Newport Corporate Tower, LLC, a Delaware 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. 3. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Olen Exchange Corp. (General Partner) a) A Copy of the corporation By-laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Cl TA Preliminary Report Form -Modified (11/17/06) Page 9 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: REQUIREMENTS (Continued) Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 4. 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 CL TA Preliminary Report Form -Modified (11/17/06) Page 10 PA2021-081 PRELIMINARY REPORT YOUR REFERENCE: INFORMATIONAL NOTES SECTION Chicago Title Company ORDER NO.: 00148661-987-OC1-K27 1. None of the items shown in this report will cause the Company to decline to attach AL TA Endorsement Form 9 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 CL TA Endorsement Form 116 indicating that there is located on said Land Commercial property, known as 4100 Newport Place Drive, located within the city of Newport Beach, California, 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 (OTT) Affidavit may be required to be completed and submitted with each document when OTT 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. OTT Affidavits may be available at a Tax Assesso.r-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 John Balassi/Jason Silva (OC/Comm)/ng Cl TA Preliminary Report Form -Modified (11/17/06) Page 1 PA2021-081 IRESAFE~ Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWA VS 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: Federal Bureau of Investigation: http://www.fbi.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Internet Crime Complaint Center: http://www.ic3.gov Page 1 WIRE0016 (OSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved PA2021-081 ~Chicago Title Company 4911 Birch Street,, Newport Beach, CA 92660 Phone: (949) 724-3117 • Fax: (949) 258-5237 Notice of Available Discounts Pursuant to Section 2355.3 in Title 1 O of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Company CTC -Chicago Title company CL TC -Commonwealth Land Title Company FNTC -Fidelity National Title Company of California FNTCCA-Fidelity National Title Company of California TICOR -Ticor Title Company of California L TC -Lawyer's Title Company SL TC -ServiceLink Title Company Available Discounts DISASTER LOANS (CTIC, CL TIC, FNTIC) Underwritten by FNF Underwriters CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company FNTIC -Fidelity National Title Insurance Company FNTIC -Fidelity National Title Insurance Company CTIC -Chicago Title Insurance Company CL TIC -Commonwealth Land Title Insurance Company CTIC -Chicago Title Insurance Company The charge for a Lender's Pdicy (Standard or Extended coverage) covering the financing or refinancing by an owner of reccrd, within twenty-four (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 fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, 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 fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts (Rev. 01-15-20) MISC0164 (OSI Rev. 03/12/20) Last Saved: April 5, 2021 by NG Escrow No.: 00148661-987-0C1-K27 PA2021-081 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective January 1, 2021 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. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of 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. We may collect Personal Information about you from: • information we receive from you or your agent; • 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. Collection of Browsing Information FNF automatically collects 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 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. 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 unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you 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 others' products and services, jointly or independently. When Information Is Disclosed We may disclose 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; FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (DSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 1 Order No. 00148661-987-OC1-K27 PA2021-081 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. 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. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request 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 without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/paqes/californiaprivacy.aspx) or call (888) 413-17 48. 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 or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. · For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are 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. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or 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. FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (DSI Rev. 01/29/21) Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 2 Order No. 00148661-987-OC1-K27 PA2021-081 Your Consent To This Privacy Notice; Notice Changes; Use of Comments or Feedback 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 Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 934-3354 or by mail to: FNF Privacy Statement (Eff. January 1, 2021) MISC0219 (OSI Rev. 01/29/21) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright© 2021. Fidelity National Financial, Inc. All Rights Reserved Page 3 Order No. 00148661-987-OC1-K27 PA2021-081 ATTACHMENT ONE (Revised 05-06-16) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest _of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) AL TA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; Attachment One -CA (Rev. 05-06-16) Page 1 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. PA2021-081 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 ALT A 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 of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is · (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 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: Attachment One -CA (Rev. 05-06-16) Page2 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. PA2021-081 {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.} PART II 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 10); or ( e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: {The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown 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.} Attachment One -CA (Rev. 05-06-16) Page3 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. PA2021-081 AL TA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY -ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13( c ), 13( d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11 (b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One -CA (Rev. 05-06-16) Page 4 © California Land Title Association. All rights reserved. The use of this Form is restricted to CL TA subscribers in good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. PA2021-081 ·uo,Ual.f.l UMO4s sJa;i:iew Jal.f.lO Jo a6eaJ:>e 's:iuawasea Jo UOAe:>O1 HOSS3SS'1>' d'fW S~-.LZtr ~9981'~ :JepJQ 'sa:>u~S!P '5uo15uaw1p ;;unsu1 :i,ou saop Auedwo::, alll 'Aue J! ':i,uawa51opua Aq pa!J!pow A1ssaJdxa 51 a:>ueJn5U! am+ JO A:>11od e :i,uaµa at.A o:i, :i,da:>ig 'pa:i,:>Jdap pue1 a4:i, Jo AaNn5 e :i,ou 51 pue 'pue1 Ja4+O pue 5alJepunoq 1em:i,eu 's:iaa.qs 6u1u1orpe o:i, UOAe1aJ u1 pue7 paqp:>sap u1aJa4 a4:i, cui:ie:>O1 u1 pJe ue se pa4s1umJ 6u1aq s1 :i,e1d/dew Sllll. ( 17 • DOLPHIN -STRIJ<ER : · l ii: ~ :. t: ,.. ~,@.~ "' ,. NEWPORT PLACE ~ ~ µ:! ?'- c.,, c::, 22 17 I ~ C') i -t ~ ;;; ~0 ~ C. li! ~ '-~ 1-----=-----1 -" ,_,.. ... I ~ ~ ·": e .. "' I l .., ~ el ... I ,, PA2021-081 OWNER'S DECLARATION Escrow No.: 00148661-987-0C 1-K27 Property Address: 4100 Newport Place Drive Newport Beach, CA 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 4100 Newport Place Drive, Newport Beach, CA, 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 4100 Newport Place Drive, Newport Beach, CA, 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 Chicago 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 Chicago 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 MISC0220 (OSI Rev. 10/17/17) Printed: 6/27/2017 2:26 PM by «User Initials» Page 2 Escn PA2021-081 Owner's Declaration MISC0220 (OSI Rev. 10/17/17) Printed: 6/27/2017•2:26 PM by «User Initials» Page 3 Escn PA2021-081