The URL can be used to link to this page

Home My WebLink AboutCO2015-184RECORDING REQUESTED BY: Community Development Department Planning Division 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 AND WHEN RECORDED MAIL TO: Community Development Department Planning Division 100 Civic Center Drive, P.O. Box 1768 Newport Beach, CA 92658-8915 ",\i.CEIVF.:D &y COMMUNITY DEC I) 9 2015 <:':>. DEVELOi'MENT ~ J-,p q,,. ". . _', 'iI~ R d d' . . ,vI.:WPO'" ecor e In Official RecordS, Orange County Hugh Nguyen, Clerk-Recorder //11//////1//1///11///11///11////11/1/1/1//1/// 11/// 11/1///11//1////////11/12.00 *$R0007980018$* 20150005990862:31 pm 11/20/15 62411C17F13 2 0.000.00 0.00 0.00 3.00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE CERTIFICATE OF COMPLIANCE No. C02015-184 California Government Code Section No. 66499.35(c) CITY OF NEWPORT BEACH Owner: Lido Group Retail. LLC, a California limited liability company Site Address: 3424 Via Oporto City of Newport Beach. County of Orange Assessor Parcel Number: __ 4,..2"'3'--1'-'2""3'--0""6"'--__ Number of parcels for which this Certificate of Compliance is being issued and recorded: One (1) LEGAL DESCRIPTION Lots 22 and 23 or Tract No. 1622, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 47, Page 39, of Miscellaneous Maps, in the office of the County Recorder of said county. Except from said Lot 23, the northwesterly one-half thereof. Tmplt: 0\-06-15 PA015-184 ;3424 Via Oporto Page: 2 of 2 CERTIFICATE OF COMPLIANCE California Government Code Section No. 66499.35(c) CONTINUATION Newport Beach Certificate of Compliance No. C02015-184 Notice: This document certifies compliance with the State Subdivision Map Act, specifically Government Code 66499.35, and the local subdivision ordinance enacted pursuant thereto. The parcel described herein may be sold, leased, or financed without further compliance with the Subdivision Map Act or any local ordinance enacted thereto. Development of the parcel may require issuance of a permit or permits, or other grant or grants of approval. 11/12/2015 ACKNOWLEDGEMENT BY NOTARY PUBLIC A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) On NOUex1=1<b-er 12. ,20.L2,beforeme, 16tVVl. "Rle~ 'Npfwj lvbk_ personally appeared 1:1 o..Ko..h Y. No j)CL (Place Notary Seal Above) Tmplt: 01·06·15 who proved to m~n the basis of satisfactory evidence to be the personks} whose name.\8t is/a.re--subscribed to the within instrument and acknowledged to me that hftl§he/theS' executed the same in pisther/their authorized capacity(i.eS}, and that by..lflS7her/their signature{at'"on the instrument the persontsJ.'or the entity upon behalf of which the persolJ{st'acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha~d y d official eal. ' Signature_--,-~~:::::::~===~~~~q ___ _ , A PA015-184 p {;l, ao l5 -I g ~( Certificate of Compliance Community Development Department Planning Division 100 Civic Center Drive 1 P.O. Box 17681 Newport Beach, CA 92658-8915 (949)644-3204 Telephone 1 (949)644-3229 Facsimile www.newportbeachca.gov Property Owner(s) Name Lido Group Retail, LLC Address City. State I Zip Code 60 S. Market Street, S uite 1120 San Jose, CA 95113 Email Phone No. I Fax No. 408-271-0366 LC. Address City. State ~ S. 1'\ ~k.:\ ~u;k CA Fax No. -\'2.:~ -0, Along with the above portion of this form completely filled out, please submit the following : 1. A legible copy of the latest Recorded Grant Deed or Contract of Sale showing current ownership, include the Title Insurance Policy if available. 2. A copy of the latest Tax Bill and Assessor's Map. 3. A copy of any and all documents supporting original creation of the parcel (e.g. Grant Deeds, Contracts of Sale, Records of Survey, Building Permits, or other documents). 4. If the project is improved, include legible copies of: • A Plot Plan, fully dimensioned on an 8Y," x 11 " sheet showing entire parcel, all improvements, and parcel area in square feet. • A Building Permit for a Principal Building on the Property. 5. A check in the amount of $12.00 (for two pages) payable to "Orange County Clerk-Recorder". (The fee break down is: $6 for the first page, $3 for each subsequent page, and fraud fee of $3') 6. The fee consistent with the fee schedul e adopted by City Council (payable to the City of Newport Beach). Please note parcels not in compliance with Subdivision or Zoning regulations may incur additional costs. Do Not Complete Application Below This Line -For Office Use Only PANo. Submitted: Planner I e~ CO No. Fee Paid: Date Mailed DNa. Form of Payment: Check No. Date of OR o Check o Credit Card Pin Chck No. Receipt No. OR No. Remarks: 1 In addition to the standard recording fee, a District Attorney Fraud Fcc of$3.00 per title applies to this doclIlllent. F :\Users\COD\Sharedl.AdlTllnIPlannlng_ Dlvision\ApplicationsICOI.t\pp,docx Updated 03111/13 PA015-184 ! .. VIJllANC,F NO.~ --•••• ';Z'''''''I ct:~' ", '1',;, .~ VARIANCE UNDER ORDINANCE NO. 6~; THE ZONING ORDINANCE OF THE CIn OF NEIWORT BEAOH, CALIFORNIA i: "'-'1'" DA'IE_~pri1 a4. 1'54 APPLICATION NO.,_l3l= ____ _ IIAMil OF APPLIGAIIr 1Ih. IIvl ~0If ADDRESS 9" Vim :w\o' ik\IW! DATED -16, 1954 HEARING HELD !p"1l U. 1m CITY N"-" IIlouh -... " •• 11 In aC(lorde.nce with Seotion 9_04 (., ot Ordinanae No. 6'5 a Varianoe ia rereby GRANTED -.-for tl>/ £olloobS' to.:l.1"" ......... It ... <# " __ \ ~ 14th s, foot ~ ~ MA." 14·.' _.,,'. __ .m. w.a DioW1n. . , . , . . ... . i';.e ., TRAGT_..::l;;:62Jl:.::::.. ___ . ____ BtocK LOrllll """ . SECTION __ looated at (street address) ~ T:!a ~ (ftNpw1lji liM 60 toot """"1 in the City of Newport Be8.(lh, eubj~ot howe';s:r to all of thG conditions hereinafter set out. Th~ Va"fianoa herebl: grantea is subjeot to ell req,uiri>nento of till governmental aganc1es having jurisaiction in such mattors and subject to the following condition~: ----------------------------------------- The Varianoe hereby granted shall beQoma effective upon compliance with the following guarantees and/or evidence that the foregoing conditions are being or will be oomplied with, and unt.i1 such time as the said gue,rantees and/or eVidence requirementa !Ire lWt, this Va.rianoe shall be of no forciOt or effect whatsoe~'er: This Variance extends erd applies to on~ such bu11aings and/or lands, ~t_portions thereof as apacificlllly dOl'lor;l..bed in tnot application for Variance No. J."Jl. and 0.11 attachments thereto and limited by the provisions as eet forth in this VariallOe. The undersigned hereby certifies that he has read and ha~ full knowledge of all of th~ conditions set forth herein. Granted by the Oity Council on the ___ Oay of _ Gp~ 3 € IS!14 19 __ 1'8 C. Form 10 . Granted ~~~h. City Planning Commi.sioD, on tho ___ day of ~ 19~!! Ray Y 'Oopelin, Secretal'Y Newp t Beach Oity Planning Commission \/-i3{ . .., , PA015-184 , -. ... This applioation must be acoom- ponied by payment of $10.00, Only check or money order will be accepted if submitted by mail. N~MEl 01' APPLICANT MIf~ C.IZ.L.. Scllf<.( .... er'(. 'i (property o.""r only) .s ADDRESS "7'2"2 VUJ LIDO ouD DATE /viA"!. 1(" f'l5.1 PHONll riA, 7~"'<' .. ---_ .. j (Raad Instructions Carefully) To the 01 ty Planning Commiasion ;/DJI'; 1 Ne~ort Beach, Californ1a f 91c~I'7 Application is hereby made tor a Var:la.nce !'rom the strict &ppl1catlon of Sc;lction "175', of. &) ot Ordinance No. 635 to p3rmi t the followingl 3 ' SlOt: L/NC SIE71!j.4C.I.£.. 2"2 .... V'l.°F LOT"'2~ 'Of On property located at 0 TRACT 141 ~ BLOC~LC!'l' ____ ,SEOTION"fOtOL.' 'CI Street Addre~~ Nor 6$.S,G:.IJ&D 31.2 8 ~· ~prro THE FOLLOWING STATEMENl'S and attached plans 8M/or evidence are offered in aubatantiation of the following facta: o (a) t~ t there Ell"e exceptional or extraOl"dinary ciroumstances or conditiona applying to the land) building 01' use referred to 1n the application, whioh oiroumstanoee Qr Cion ... dittoes do not apply generally to land, buildings, :nd/or usea in the same distriotl O(b) t~16t the granting ot the applioation. it] neoolSoary for the pt'oservat1on ~nd enj10yment of aubsta,nt1al property r:i.ghts ot the }::etit1oneX'I_. _____________ _ 6(0) that tIE ,granting <Jt suoh application will not~ UlJder the oircumstanoes ot the par .. ticular case, materially affect adveraGlythe ho~lth or safety of persons residir~ or working in the neighborhood of' the prol=6rty of the appl:Jcant and rtill not, under the oil''' cumstances of the particular oasG, be matsrie.lly det).~inten!.al eo the publio weliElre or injurious to property or itnprovementa inmid nsighborhoodl ____________ _ ---------------------, ---""'-.~-\ .~·ar<l_ .... ahaa.t.s.. attached .t.aJwd. made--a-.part....of. ±Jli.s-app1i.cation.. I HEREBY CERTIFY under penalty ot law that tl:'e foregoing sta.tements and all I'Iht~:nent6, maps, dra.Viings~ plans and specifications attached ooreto are trua ani correot to the best of my lmowll3dge and belief, and I fllrther aoknowledge and oonsent to any permit issued in reliance thereon being deolared by the Pla.nning Commission or the CUy Oouncil to be nun and void in too 'event the. t anything oontro.ned therein is erroneoU$ eVen though such err~r was without £Qult and made in good faith by the applioant • • T"'JSTRUGTIONSI Fill out this applioation completely where indioated. bye.at,erisk (0). Th:I.~ applioation !1!l.§l: be accompaniprl bv (1) a lot or plot plan in dupl1oe.te drawn to scale or by indi ... cating all dimensions, tibial--'Olan shows in detail t,oo boundaries of the premises, _~ .... ~ .... exterior ?lalls or all existing at,d pr(lFtOsed buildings thereon and 611 buildings on sdjacant lands which are within 2CJ feet of.' ~htl rr'operty lina, eOO (2) plans am speoi- fieations ~.n duplicate as naeesoory to show in detall atl,Y proposed new buildings or a'!.terations to existing building. l'lana, l'3)?9cifioations and drs',dngs will. not be re- turned. P. O. Form 6 PA015-184 , " • • • Variance or Use Per~it 1 hearing NQTICE OF PUBLIC H~RING " , NOTICE IS HEREBY GIVEN THAT THE PLANNING COMMISSION OF THE CITY OF NEt'IPORT BEACH VILL HOLD A PllBLIC HEARING ON THE APPLICATION OF lfIt. 1ilJI!:,$i .~j!;t8 FOR A VARIA, NCE -.,UBE",EEllMIT, TO PERMITI_1lII!1IIm_!II1IrlII,.... ........ __ ...... _ ~ -;W;/lliitwli!iiim II! $ f\IiiW ON LOT ~ IIiIIIiIt !If M lIS BLOC~ ___ TRACT...,<*I_~ __ ~!MiMi. ~~~----------- NOTICE IS HEREBY FURTHER GIVEN THAT SAID P'JBLIC HEARING WILL BE HELD ON THE %,tI! DAY OF~19-n-' AT THE HOUR OF "Ile P .~!. IN THE COUNCIL CHAMBERS OF THB NE"'PORT BEACH CITY HALL, AT "IHICH TINE AND PLACE ANY AND ALL PERSONS INTERESTED MAY APPEAR AND BE HEARD THEREON. RAY Y. COPELIN, SECRETARY NE"PORT BEACH CITY PLANNING COMMISSION PA015-184 ", " i , I ,4 PA015-184 ~ .! I ~ ~ !I " -= ;::i; ii 1-ill!!!!l! jii!'" a~ i =i ,I i!ii ! e ~'~~'I~ =! ,; i .. I i I, , I PA015-184 .~ .-,'.' , .~ " . .::: ;;~~s;;m~ii ~~; ~ . 'r" ~.--,,--"'-,--·'·'~-·-b , ....... : PA015-184 August 25, 2015 DJM Capital Partners Order Number: 656956-A Page Number: 1 First American Title Company National Commercial Services 1737 North First Street, Suite 500 San Jose, CA 95112 60 50uth Market Street, Suite 1120 San Jose, CA 95113 Phone: Fax: Escrow Officer: Phone: Borrower: Property: Carol M. Herrera (408)451-7829 Lido Group Retail, LLC 3404,3420,3432,3440, 3450, 3424, 3421 Via Oporto, 3636, 3700 Newport Boulevard, 3420, 3428, 3434, 3444 Via Lido, Newport Beach, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the 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 Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. First American Title Insurance Company PA015-184 Dated as of August 17, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: ALTA Expanded (Eagle Loan) Policy Order Number: 6S69S6-A Page Number: 2 A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Lido Group Retail, LLC, a California limited liability company The estate or interest in the land hereinafter described or referred to covered by this Report is: A leasehold estate as created by that certain unrecorded lease dated January 2, 1966, executed by Calvin G. Rohrs and Arlene L. Rohrs, husband and wife as lessor and James W. Berkshire and Pauline P. Berkshire, husband and wife as lessee, as disclosed by a Ground Lease recorded January 4, 1966 as Book 7797, Page 653 of Official Records, as to Parcel B; A leasehold estate as created by that certain unrecorded lease dated December 2, 1971, executed by Harry M. Kelso as lessor and Donald M. KolI, a married man, as his sole and separate property as lessee, as disclosed by a Lease (Short Form -Memorandum) recorded December 10, 1971 as Book 9921, Page 859 of Official Records, as to Parcel C; A leasehold estate as created by that certain unrecorded lease dated June 1, 1973, executed by Earl G. Sawyer and Eleanor B. Sawyer, husband and wife as lessor and Donald M. Koll and Dorothy B. Koll, husband and wife as lessee, as disclosed by a Ground Lease (Short Form) recorded June 6, 1973 as Book 10736, Page 326 of Official Records, as to Parcel D; A leasehold estate as created by that certain unrecorded lease dated June 1, 1973, executed by Earl G. Sawyer and Eleanor B. Sawyer, husband and wife as lessor and Donald M. Koll and Dorothy B. Koll, husband and wife as lessee, as disclosed by a Ground Lease (Short Form) recorded June 6, 1973 as Book 10736, Page 342 of Official Records, as to Parcel F; The Lessee's interest in all of the above Leases has been assigned to Lido Group Retail, LLC, a California limited liability company by Assignment of Ground Leases recorded May 30, 2013 as Instrument No. 2013000327613 and by intervening assignments recorded May 30, 2006 as Instrument No. 2006000362434 and May 23,1990 as Instrument No. 90-277175, all of Official Records. Fee Simple as to Parcels A, E, G through 0 The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 3 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Water rights, claims or title to water, whether or not shown by the public records. 4. The conditions, restrictions, limitations, powers, duties, trusts, reversionary rights, and other rights created or reserved in the Legislative Grant pursuant to Chapter 74 of the Statutes of 1978, and in any subsequent amending statutes affecting tide and submerged lands granted to the City of Newport Beach and/or County of Orange. 5. Any rights in favor of the public which may exist on said land for access, parking, beach or recreational uses, if said land or portions thereof were at any time used by the public for such purposes. 6. An easement shown or dedicated on the map filed or recorded Tract No. 907 in Book 28, Page 25 of Miscellaneous Maps. For: Public utilities and incidental purposes. 7. An easement for storm drains and incidental purposes in the document recorded in Book 1045, Page 73 of Official Records. (Affects Parcels F and G) 8. Covenants, conditions, restrictions and easements in the document recorded in Book 1106, Page 332 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants ·In senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Lots 1121 and 1122 of Parcel B) 9. An easement for gas pipes, mains and incidental purposes in the document recorded in Book 1622, Page 120 of Official Records. Note: By an instrument recorded June 26, 1973 in Book 10770, Page 370, Official Records, portions of said easements were quitclaimed, as more particularly described therein. Affects: Parcel L Arst American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 4 10. An easement for supplying or distributing telephone service and electricity for domestic or industrial use, sanitary sewer pipe lines, manholes and other appurtenances for the purpose of conveying domestic or industr'lal sewage and 'Inc'ldental purposes, recorded May 21, 1951 in Book 2191, Page 208 of Official Records. In Favor of: The City of Newport Beach Affects: Parcel L Note: By Resolution #8055, recorded July 31, 1973 in Book 10828, Page 413, Official Records, the City of Newport Beach vacated portions of said easement, as more particularly described therein. 11. An easement for an underground electric system, consisting of conduits, wires, cables necessary appurtenances and incidental purposes, recorded October 24, 1951 in Book 2245, Page 511 of Official Records. In Favor of: Affects: Southern California Edison Company Parcel L 12. Covenants, conditions, restrictions and easements in the document recorded in Book 2387, Page 547 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, lim·ltation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded in Book 7598, Page 995 of Official Records. (Affects Parcels I, J and K) 13. Covenants, conditions, restrictions and easements in the document recorded in Book 3084, Page 113 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Parcels I and J) 14. An easement for gas pipes, mines and incidental purposes in the document recorded in Book 3237, Page 559 of Official Records. (Affects Parcel L) First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 5 15. The terms, provisions and easement(s) contained in the document entitled "Agreement" recorded June 21, 1957 as Instrument No. 82126 in Book 3950, Page 218 of Official Records. (Affects Parcels I and J) 16. An easement for underground conduits and incidental purposes, recorded in Book 7800, Page 405 of Official Records. In Favor of: Affects: Southern California Edison Company Parcel I 17. Covenants, conditions, restrictions and easements in the document recorded September 17, 1973 in Book 10902, Page 724 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, hand'lcap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. (Affects Parcels C through H, and L) 18. An easement for pedestrian ingress, egress and incidental purposes, recorded February 25, 1974 in Book 11081, Page 1620 of Official Records. In Favor of: The City of Newport Beach Affects: Parcels C through H 19. An easement for underground conduits and incidental purposes, recorded June 10, 1974 in Book 11166, Page 1946 of Official Records. In Favor of: Southern California Edison Company Affects: Parcels D, E and L 20. An Off-Site Parking Agreement dated October 1, 1974, recorded December 3, 1974 in Book 11298, Page 124 of Official Records, executed by and between Donald M. Koll and the City of Newport Beach, a Municipal Corporation, pertaining to parking rights, upon the terms, covenants and conditions therein provided. Note 1: The interest of Donald M. Koll has since passed to Traweek Investment Fund No. 12, Ltd., a California Limited Partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1746, Official Records. Note 2: The interest of Marvin Engineering Co., Inc., a California Corporation has since passed to WREC Lido Venture LLC, a Delaware Limited Liability Company pursuant to the terms and provisions contained in a "Assignment of Parking Agreements, Joint Use Agreements and Off-Site Parking Agreements" recorded May 30, 2006 as Instrument No. 2006000362436 of Official Records. (Affects Parcel A) Rrst American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 6 21. An Off-Site Parking Agreement dated July 29,1975, recorded August 4,1975 in Book 11474, Page 924, Official Records, executed by and between Donald M. Koll and the City of Newport Beach, a Municipal Corporation, pertaining to parking rights, upon the terms, covenants and conditions therein provided. Note 1: The interest of Donald M. Koll has since passed to Traweek Investment Fund No. 12, Ltd., a California Limited Partnership by an instrument recorded October 22, 1981 in Book 14264, Page 1760 of Official Records. Note 2: The interest of Marvin Engineering Co., Inc., a California Corporation has since passed to WREC Lido Venture LLC, a Delaware Limited Liability Company pursuant to the terms and provisions contained in a "Assignment of Parking Agreements, Joint Use Agreements and Off-Site Parking Agreements" recorded May 30, 2006 as Instrument No. 2006000362436 of Official Records. (Affects Parcels C through H) 22. All abutter's rights of access appurtenant to Parcels I, J and K in and to adjoining Newport Boulevard were released and relinquished to the State of California in the final order of condemnation, Superior Court Case No. 667537, a certified copy of which was recorded November 20, 1997 as Instrument No. 19970592944 of Official Records. 23. A Fee and Leasehold Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing to secure an original indebtedness of $51,330,000.00 recorded April 22, 2014 as Instrument No. 2014000153551 of Official Records. Dated: April 22, 2014 Trustor: Trustee: Beneficiary: Lido Group Retail, LLC, a California limited liability company First American Title Insurance Company, a California corporation Lido Lender, LLC, a Delaware limited liability company 24. The following matters disclosed by an ALTA/ACSM survey made by Fuscoe Engineering on April 10,2014, designated Job No. 1257.001.002: a. The fact that building overhangs extend across the Southeasterly boundaries of Parcels M, N and O. b. The fact that wood decks and metal railings extend across the Northeasterly boundary of Parcels A, B, C, D, F and H. c. The fact that buildings exist within the easements granted in Book 1622, page 120 and in Book 2191, page 208 and in Book 11166, page 1946. d. The fact that a building overhang extends across the Northeasterly boundary of Parcel A. 25. Any failure to comply with the terms, provisions and conditions of the leases referred to. 26. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 27. Rights of parties in possession. First American Title Insurance Company PA015-184 INFORMATIONAL NOTES Order Number: 656956-A Page Number: 7 1. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $47,868.62, PAID Second Installment: $47,868.62, PAID Tax Rate Area: 07-001 APN: 423-123-03 2. Taxes for proration purposes only for the fiscal year 2014-2015. Rrst Installment: $19,945.99, PAID Second Installment: $19,945.99, PAID Tax Rate Area: 07-001 APN: 423-123-04 3. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $15,659.26, PAID Second Installment: $15,659.26, PAID Tax Rate Area: 07-001 APN: 423-123-05 4. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $45,931.77, PAID Second Installment: $45,931.77, PAID Tax Rate Area: 07-001 APN: 423-123-07 5. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $20,291.80, PAID Second Installment: $20,291.80, PAID Tax Rate Area: 07-001 APN: 423-123-08 6. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $13,985.76, PAID Second Installment: $13,985.76, PAID Tax Rate Area: 07-001 APN: 423-123-06 7. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $18,546.09, PAID Second Installment: $18,546.09, PAID Tax Rate Area: 07-001 APN: 423-121-05 First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 8 8. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $3,599.78, PAID Second Installment: $3,599.78, PAID Tax Rate Area: 07-001 APN: 423-121-06 9. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $22,188.87, PAID Second Installment: $22,188.87, PAID Tax Rate Area: 07-001 APN: 423-122-01 10. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $32,287.94, PAID Second Installment: $32,287.94, PAID Tax Rate Area: 07-001 APN: 423-122-02 11. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $18,919.76, PAID Second Installment: $18,919.76, PAID Tax Rate Area: 07-001 APN: 423-122-03 12. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $8,456.01, PAID Second Installment: $8,456.01, PAID Tax Rate Area: 07-001 APN: 423-122-05 13. Taxes for proration purposes only for the fiscal year 2014-2015. First Installment: $4,127.84, PAID Second Installment: $4,127.84, PAID Tax Rate Area: 07-001 APN: 423-122-06 14. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $28.18, PAID Penalty: $0.00 Second Installment: $28.18, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-04.0100 15. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $21.58, PAID First American Title Insurance Company PA015-184 Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $0.00 $21.58, PAID $0.00 07-001 423-123-05.0100 Order Number: 656956-A Page Number: 9 16. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $224.46, PAID Penalty: $0.00 Second Installment: $224.45, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07.0100 17. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $2,164.79, PAID Penalty: $0.00 Second Installment: $2,164.79, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-07.0200 18. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $204.07, PAID Penalty: $0.00 Second Installment: $204.06, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-08.0300 19. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $28.18, PAID Penalty: $0.00 Second Installment: $28.18, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-123-08.0400 20. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $21.61, PAID Penalty: $0.00 Second Installment: $21.61, PAID Penalty: $0.00 Tax Rate Area: 07-001 First American Title Insurance Company PA015-184 A. P. No.: 423-123-06.0100 Order Number: 656956-A Page Number: 10 21. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $274.88, PAID Penalty: $0.00 Second Installment: $274.87, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-121-05.0100 22. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $3,191.11, PAID Penalty: $0.00 Second Installment: $3,191.10, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-121-05.0200 23. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $48.15, PAID Penalty: $0.00 Second Installment: $48.14, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-121-06.0100 24. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $551.40, PAID Penalty: $0.00 Second Installment: $551.40, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-121-06.0200 25. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $510.49, PAID Penalty: $0.00 Second Installment: $510.48, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-01.0100 26. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Rrst American Title Insurance Company PA015-184 First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $6,129.04, PAID $0.00 $6,129.03, PAID $0.00 07-001 423-122-01.0200 Order Number: 656956-A Page Number: 11 27. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $238.97, PAID Penalty: $0.00 Second Installment: $238.96, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-02.0100 28. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $2,476.64, PAID Penalty: $0.00 Second Installment: $2,476.64, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-02.0200 29. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $291.54, PAID Penalty: $0.00 Second Installment: $291.53, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-03.0100 30. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $3,384.51, PAID Penalty: $0.00 Second Installment: $3,384.50, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-03.0200 31. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $115.97, PAID Penalty: $0.00 Second Installment: $115.96, PAID Penalty: $0.00 First American Title Insurance Company PA015-184 Tax Rate Area: A. P. No.: 07-001 423-122-05.0100 Order Number: 656956-A Page Number: 12 32. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $1,328.65, PAID Penalty: $0.00 Second Installment: $1,328.65, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-05.0200 33. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $34.16, PAID Penalty: $0.00 Second Installment: $34.15, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-06.0100 34. Supplemental taxes for the fiscal year 2013-2014 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: $360.79, PAID Penalty: $0.00 Second Installment: $360.78, PAID Penalty: $0.00 Tax Rate Area: 07-001 A. P. No.: 423-122-06.0200 35. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3450 Via Oporto, Newport Beach, California. (Affects Parcel A) 36. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3440 V·la Oporto, Newport Beach, California. (Affects Parcel B) 37. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3432 Via Oporto, Newport Beach, California. (Affects Parcel C) First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 13 38. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3420 Via Oporto, Newport Beach, California. (Affects Parcels D and E) 39. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3404 Via Oporto, Newport Beach, California. (Affects Parcels F and G) 40. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3424 Via Oporto, Newport Beach, California. (Affects Parcel H) 41. According to thelatestavailable equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3700 Newport Boulevard, Newport Beach, California. (Affects Parcels I and J) 42. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3636 Newport Boulevard, Newport Beach, California. (Affects Parcel K) 43. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3434 Via Lido, Newport Beach, California. (Affects Parcel L) 44. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3444 Via Lido, Newport Beach, California. (Affects Parcel M) 45. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3428 Via Lido, Newport Beach, California. (Affects Parcel N) 46. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 3420 Via Lido, Newport Beach, California. First American Title Insurance Company PA015-184 (Affects Parcel 0) Order Number: 656956-A Page Number: 14 47. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 48. This preliminary report/commitment was prepared based upon an application for a policy of title insurance that identified land by street address or assessor's parcel number only. It is the responsibility of the applicant to determine whether the land referred to herein is in fact the land that is to be described in the policy or policies to be issued. 49. Should this report be used to facilitate your transaction, we must be provided with the following prior to the issuance of the policy: A. WITH RESPECT TO A CORPORATION: 1. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. 2. A certificate copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating wh'lch corporate officers shall have the power to execute on behalf of the corporation. 3. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 4. Requirements which the Company may impose following its review of the above material and other information which the Company may requ·lre. B. WITH RESPECT TO A CALIFORNIA LIMITED PARTNERSHIP: 1. A certified copy of the certificate of limited partnership (form LP-1) and any amendments thereto (form LP-2) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. C. WITH RESPECT TO A FOREIGN LIMITED PARTNERSHIP: 1. A certified copy of the application for registration, foreign limited partnership (form LP-5) and any amendments thereto (form LP-6) to be recorded in the public records; 2. A full copy of the partnership agreement and any amendment; 3. Satisfactory evidence of the consent of a majority in interest of the limited partners to the contemplated transaction; 4. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 5. Requirements which the Company may impose following its review of the above material and other information which the Company may require. D. WITH RESPECT TO A GENERAL PARTNERSHIP: 1. A certified copy of a statement of partnership authority pursuant to Section 16303 of the California Corporation Code (form GP-!), executed by at least two partners, and a certified copy of any amendments to such statement (form GP-7), to be recorded in the public records; 2. A full copy of the partnership agreement and any amendments; First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 15 3. Requirements which the Company may impose following its review of the above material required herein and other information which the Company may require. E. WITH RESPECT TO A LIMITED LIABILITY COMPANY: 1. A copy of its operating agreement and any amendments thereto; 2. If 'It is a California limited liability company, a certified copy of its articles of organization (LLC-l) and any certificate of correction (LLC-ll), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-lO) to be recorded in the public records; 3. If it is a foreign limited liability company, a certified copy of its application for registration (LLC-S) to be recorded in the public records; 4. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, such document or instrument must be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such documents must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (Ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a wr'ltten operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. 5. A certificate of revivor and a certificate of relief from contract voidability issued by the Franchise Tax Board of the State of California. 6. Requirements which the Company may impose following its review of the above material and other information which the Company may require. F. WITH RESPECT TO A TRUST: 1. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. 2. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. 3. Other requirements which the Company may impose following its review of the material require herein and other information which the Company may require. G. WITH RESPECT TO INDIVIDUALS: 1. A statement of information. The map attached, if any, mayor may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. *****To obtain wire instructions for deposit of funds to your escrow file please contact your Escrow Officer. ***** First American Title Insurance Company PA015-184 LEGAL DESCRIPTION Order Number: 656956-A Page Number: 16 Real property in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL A: PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 11 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 423-123-03 PARCEL B: LOTS 1121 AND 1122, AND THAT PORTION OF LOT 1123 OF SAID TRACT NO. 907, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 28, PAGES 25 THROUGH 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1123; THENCE NORTHWESTERLY 26.05 FEET ALONG THE NORTHEASTERLY LINE THEREOF TO A POINT 120.00 FEET MEASURED THEREON FROM THE MOST EASTERLY CORNER OF SAID LOT 1121; THENCE SOUTHWESTERLY 40.00 FEET PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT 1121; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 1123, DISTANT 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 1121, 1122 AND 1123 FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1121; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE THEREOF TO THE MOST SOUTHERLY CORNER OF SAID LOT 1123; THENCE NORTHEASTERLY 99.54 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1123, TO THE POINT OF BEGINNING. EXCEPT THAT PORTION OF SAID LOT 1123 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED RECORDED JULY 17, 1952 IN BOOK 2357, PAGE 565, OFFICIAL RECORDS, SAID MOST WESTERLY CORNER BEING NORTHWESTERLY 92.50 FEET, MEASURED ALONG THE SOUTHWESTERLY LINES OF LOTS 1121, 1122 AND 1123, FROM THE MOST SOUTHERLY CORNER OF SAID LOT 1121; THENCE NORTH 37° 47' 26" EAST, 69.93 FEET ALONG THE NORTHWESTERLY LINE OF SAID DEED TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING ALONG SAID LINE NORTH 62° 30' EAST 15.12 FEET; THENCE SOUTH 42° 07' 53" WEST, 83.51 FEET TO THE POINT OF BEGINNING. APN: 423-123-04 PARCEL C: LOT 24 AND THE NORTHWESTERLY ONE-HALF OF LOT 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 423-123-05 Arst American Title Insurance Company PA015-184 PARCEL D: Order Number: 656956-A Page Number: 17 LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 17; THE SOUTHEASTERLY 30.00 FEET THEREOF. ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY. SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: A PORTION OF 423-123-07 PARCEL E: ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW LOCATED ON THE LAND HEREINAFTER DESCRIBED AT THE DATE HEREOF, WHICH BUILDINGS AND IMPROVEMENTS ARE, AND SHALL REMAIN, REAL PROPERTY. LOTS 17, 18, 19, 20 AND 21 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 17 THE SOUTHEASTERLY 30.00 FEET THEREOF. SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: A PORTION OF 423-123-07 PARCEL F: LOTS 15 AND 16 AND THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF. ALSO EXCEPT ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE NOW OR HEREAFTER CONSTRUCTED OR LOCATED ON SAID REAL PROPERTY. SAID LAND IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAPS, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: A PORTION OF 423-123-08 PARCEL G: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 18 ALL BUILDINGS AND IMPROVEMENTS OF EVERY KIND AND NATURE OR HEREAFTER LOCATED ON THE LAND HEREAFTER DESCRIBED AT THE DATE HEREOF, WHICH IMPROVEMENTS ARE AND SHALL REMAIN, REAL PROPERTY. LOTS 15 AND 16 OF THE SOUTHEASTERLY 30.00 FEET OF LOT 17 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 15, THE SOUTHEASTERLY 40.00 FEET THEREOF. SAID PROPERTY IS SHOWN AS A PORTION OF PARCEL 1 OF PARCEL MAP, AS SHOWN ON A MAP FILED IN BOOK 59, PAGE 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: A PORTION OF 423-123-08 PARCEL H: LOTS 22 AND 23 OF TRACT NO. 1622, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 47, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT FROM SAID LOT 23, THE NORTHWESTERLY ONE-HALF THEREOF. APN: 423-123-06 PARCEL I: THAT PORTION OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN IN NEWPORT BAY AND DESIGNATED "SOUTH LINE", AS DESCRIBED IN PARCEL D OF DECREE IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH, PLAINTIFF, VS. ORANGE COUNTY IMPROVEMENT ASSOCIATION, ET AL., DEFENDANTS", CASE NO. 23686 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 201, PAGE 253, OFFICIAL RECORDS, WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22, 1898 IN BOOK 78, PAGE 399 OF DEEDS; THENCE SOUTH 17° 28' 23" EAST 291.20 FEET ALONG SAID EASTERLY LINE OF SAID RIGHT-OF-WAY; THENCE SOUTH 67° 01' EAST 47.04 FEET TO THE WESTERLY LINE OF CENTRAL AVENUE, AS SAID CENTRAL AVENUE IS LAID OUT AND SHOWN ON MAP NO. 108, RECORDED IN BOOK 2, PAGE 1 OF OFFICIAL MAPS OF ORANGE COUNTY; THENCE NORTH 22° 59' EAST 293.14 FEET ALONG SAID WESTERLY LINE OF SAID CENTRAL AVENUE; THENCE NORTH 18° 35' EAST 29.31 FEET ALONG THE WESTERLY LINE OF SAID CENTRAL AVENUE, TO SAID ORDINARY HIGH TIDE LINE, DESIGNATED "SOUTH LINE", AS ESTABLISHED BY ABOVE- MENTIONED DECREE; THENCE SOUTH 88° 54' 01" WEST 79.62 FEET ALONG SAID ORDINARY HIGH TIDE LINE TO THE POINT OF BEGINNING. EXCEPT THE SOUTHWESTERLY 60.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THE FOLLOWING: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 19 BEGINNING AT THE POINT OF INTERSECTION OF THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN IN NEWPORT BEACH AND DESIGNATED "SOUTH LINE", AS DESCRIBED IN PARCEL D OF DECREE IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH, PLAINTIFF, VS. ORANGE COUNTY IMPROVEMENT ASSOCIATION, ET AL., DEFENDANTS", CASE NO. 23686 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 201, PAGE 253, OFFICIAL RECORDS, IN THE OFFICE OR THE COUNTY RECORDER OF SAID COUNTY, WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22, 1898 IN BOOK 78, PAGE 399 OF DEEDS, RECORDS OF SAID ORANGE COUNTY, AND RUNNING THENCE SOUTH 17° 28' 23" WEST, ALONG THE EASTERLY LINE OF SAID RIGHT-OF-WAY, 158.59 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 1r 28' 23" WEST, ALONG SAID EASTERLY LINE, 72.33 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO MORIAL C. THORNBURG AND WIFE, BY DEED RECORDED MAY 27, 1955 IN BOOK 3084, PAGE 113, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 67° 01' EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THORNBURG, 52.77 FEET TO THE WESTERLY LINE OF CENTRAL AVENUE, AS SAID STREET IS SHOWN ON MAP NO. 108, RECORDED IN BOOK 2, PAGE 1, OFFICIAL MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 22° 59' EAST, ALONG THE WESTERLY LINE OF SAID CENTRAL AVENUE, 72.00 FEET TO A POINT IN A LINE THAT BEARS SOUTH 67° 01' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6r 01' WEST, 59.71 FEET TO THE TRUE POINT OF BEGINNING. APN: A PORTION OF 423-121-05 PARCELJ: THAT PORTION OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST OF THE SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE ORDINARY HIGH TIDE LINE OF THE PACIFIC OCEAN IN NEWPORT BEACH, AND DESIGNATED "SOUTH LINE", AS DESCRIBED IN PARCEL D OF DECREE IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH, PLAINTIFF, VS. ORANGE COUNTY IMPROVEMENT ASSOCIATION, ET AL., DEFENDANTS", CASE NO. 23686 OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF SAID DECREE BEING RECORDED IN BOOK 201, PAGE 253, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22, 1898 IN BOOK 78, PAGE 399 OF DEEDS, RECORDS OF SAID ORANGE COUNTY, AND RUNNING THENCE SOUTH 1r 28' 23" WEST ALONG THE EASTERLY LINE OF SAID RIGHT-OF-WAY 158.59 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY LINE OF THE LAND HEREIN DESCRIBED; THENCE CONTINUING SOUTH 17° 28' 23" WEST, ALONG SAID EASTERLY LINE, 72.33 FEET TO THE SOUTHWEST CORNER OF THE LAND CONVEYED TO MORIAL C. THORNBURG AND WIFE, BY DEED RECORDED MAY 27, 1955 IN BOOK 3084, PAGE 113, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 67° 01' EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LAND CONVEYED TO THORNBURG, 52.77 FEET TO THE WESTERLY LINE OF CENTRAL AVENUE, AS SAID STREET IS SHOWN ON MAP NO. 108, RECORDED IN BOOK 2, PAGE 1, OFFICIAL MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 22° 59' EAST, ALONG THE WESTERLY LINE OF SAID CENTRAL AVENUE, 72.00 FEET TO A POINT IN A LINE THAT BEARS SOUTH 6r 01' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 6r 01' WEST, 59.71 FEET Rrst American Title Insurance Company PA015-184 TO THE TRUE POINT OF BEGINNING. Order Number: 656956-A Page Number: 20 EXCEPTING THEREFROM THAT PORTION CONVEYED IN PARCEL 73819-1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 667537, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 20, 1997 AS INSTRUMENT NO. 19970592944 OF OFFICIAL RECORDS. APN: A PORTION OF 423-121-05 PARCEL K: THAT PORTION OF LOT 3 OF SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST IN THE SAN BERNARDINO MERIDIAN, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE AUGUST 4, 1980, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE LAND DESCRIBED IN LEASE TO RICHFIELD OIL CORPORATION, RECORDED APRIL 23, 1954 IN BOOK 2714, PAGE 535, OFFICIAL RECORDS, BEING A POINT ON THE NORTHWESTERLY LINE OF CENTRAL AVENUE, AS SHOWN ON SHEET 9 OF MAP NO. 108 IN BOOK 2, PAGE 1 OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DISTANT ALONG SAID NORTHWESTERLY LINE NORTH 22° 59' EAST 146.38 FEET FROM THE NORTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE FINAL JUDGMENT ENTERED MARCH 17, 1936 IN AN ACTION ENTITLED "CITY OF NEWPORT BEACH, PLAINTIFF, VS. C. CULP, AND OTHERS, DEFENDANTS", CASE NO. 33703, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE, A CERTIFIED COPY OF WHICH DECREE WAS RECORDED MARCH 18, 1936 IN BOOK 317, PAGE 50, OFFICIAL RECORDS; THENCE NORTH 67" 01' WEST 46.04 FEET ALONG THE NORTHEASTERLY LINE OF SAID LEASE TO THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE SOUTHERN PACIFIC RAILROAD, AS SAID RIGHT-OF-WAY IS DESCRIBED IN A DEED FROM JAMES MCFADDEN TO SANTA ANA AND NEWPORT RAILWAY COMPANY, RECORDED MARCH 22, 1898 IN BOOK 78, PAGE 399, DEEDS, BEING NOW THE EASTERLY LINE OF THE STATE HIGHWAY KNOWN AS NEWPORT BOULEVARD; THENCE NORTH 17° 28' 23" EAST, 70.43 FEET ALONG SAID EASTERLY LINE TO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN PARCEL 2, IN DEED TO GEORGE D. BUCCOLA, AND WIFE, RECORDED MARCH 28, 1957 IN BOOK 3852, PAGE 421, OFFICIAL RECORDS; THENCE SOUTH 67° 01' EAST 52.77 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BUCCOLA LAND TO THE SAID NORTHWESTERLY LINE OF CENTRAL ANGLE; THENCE SOUTH 22° 59' WEST, 70.11 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED IN PARCEL 73819-1 OF THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR.COURT CASE NO. 667537, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 20, 1997 AS INSTRUMENT NO. 19970592944 OF OFFICIAL RECORDS. APN: 423-121-06 PARCEL L: PARCEL 2 AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT/LOT MERGER NO. LM 2014-002 RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO. 2014000554773 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. APN: 423-122-01 AND 423-122-02 PARCEL M: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 21 PARCEL 1 AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT/LOT MERGER NO. LM 2014-002 RECORDED DECEMBER 23, 2014 AS INSTRUMENT NO. 2014000554773 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. APN: 423-122-03 PARCEL N: LOTS 7 AND 8 OF TRACT NO. 1235, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE NORTHWESTERLY HALF OF SAID LOT 8. APN: 423-122-05 PARCEL 0: LOT 6 OF TRACT NO. 1235, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 423-122-06 First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 22 The First American Corporation First American Title Company Privacy Policy We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of non public personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have jOint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respons'ibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 23 CLTAIALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02·03·10) EXCLUSIONS In addition to the Exceptions in Schedule S, 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; Cd) improvements on the Land; (b) zoning; (c) land use; (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 Risl< 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. 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. Your Deductible Amount Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) Our Maximum Dollar limit of Liability $10,000.00 $25,000.00 $25,000.00 $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6·1·87) EXCLUSIONS In addition to the Exceptions in Schedule S, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these malters which appear in the public records at policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless: (a) a notice of exercising the right appears in the public records on the Policy Date (b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking First American Title Insurance Company PA015-184 3. Title Risks: Ca) that are created, allowed, or agreed to by you Order Number: 656956-A Page Number: 24 (b) that are known to you, but not to us, on the Policy Date·-unless they appeared in the public records ee) that result in no loss to you (d) that fjrst affect your title after the Policy Date --this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. S. Lack of a right: Ca) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR (b) in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. b. Any governmental police power. This Exclusion l{b)'does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the'Insured Claimant and not disclosed in writing to the Company by the Insured 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-Iending 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 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: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 25 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 CQuid be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 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 l(a) does not modify or limit the coverage provided under Covered Risk 5. b.Any governmental police power. This Exclusion l{b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at Date of Policy, but known to the Insured Claimant and not disclosed in writing to the Company by the Insured 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-Iending law. 6. Any claim, by reason of the operation of federal bankruptcYt state insolvency, or similar creditors' rights lawst 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. 1. 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 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: First American Title Insurance Company PA015-184 Order Number: 656956-A Page Number: 26 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. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) 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 l(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13{c), 13Cd), 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, 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 or 28); or e. resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability' in whole or in part of the lien of the Insured Mortgage that arises out of the transact'lon evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-Iending 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 l1(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. First American Title Insurance Company PA015-184