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HomeMy WebLinkAbout20170616_Title ReportWFG National Title Company® a Williston Financial Group company UPDATED PRELIMINARY REPORT Shibla, LLC P.O. Box 3363 La Jolla, CA 92038 Attn.: Shibla Branch: WFG National Title Company of California 700 N. Brand Blvd, Suite 1100 Glendale, CA 91203 (818) 476-4031 Fax (818) 240-2196 E-mail: DonnaBivens@wfgtitleco.com Title Officer: Donna Bivens ORDER NO. 5100117-DB1 Ref. No.: Property Address: 242-244 Catalina Drive Newport Beach, CA 92663 APN: 425-382-10 In response to the above referenced application for a policy of title insurance, WFG National Title Company of California 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 Exh ibit 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 CL TA and AL TA 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 i ssuance of a policy of title insurance, a Binder or Commitment should be requested. The form of policy of title insurance contemplated by this report is: CLTA Standard Coverage Policy Issued by WFG National Title Insurance Company Dated as of June 2, 2017 at 7:30 a.m. The estate or interest in the land hereinafter described or referred to covered by this Report is: A Fee Title to said estate or interest at the date hereof is vested in: Shibla, LLC, a Texas Limited Liability Company The land referred to in this Report is situated in the State of California, County of Orange and is described as follows: (See "Legal Description" Exhibit A attached hereto and made a part hereof) PA2017-129 Exhibit A Legal Description File No. 5100117-DB1 All that certain real property in the County of Orange, State of California, described as follows: Lot 18 of Tract No. 444, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 19, Page 29 of Miscellaneous Maps, in the office of the County Recorder of said County. APN: 425-382-10 Page No. 2 PA2017-129 File No. 5100117-061 At the date hereof exceptions to coverage in addition to the printed exceptions and Exclusions contained in said policy would be as follows: 1. General and special taxes and assessments for the fiscal year 2017-2018, a lien not yet due or payable. la. General and special taxes for the fiscal year 2016-2017 First installment: Penalty: Second installment: Penalty: Tax Rate Area: A.P.No.: $4,370.61, delinquent $437.06 $4,370.61, delinquent $460.06 07-001 425-382-10 I b. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. le. Assessments, for community facility districts, if any, affecting said land which may exist by virtue of assessment maps or notices filed by said districts. 2. Water rights, claims or title to water, whether or not shown by the public records. 3. An easement for the purposes shown below and rights incidental thereto, as set forth in a document. Purpose: Recorded: Affects: a right of way for necessary ditches, pipe lines and flumes January 3, 1913 in Book 224, Page 328 of Deeds said land The location of the easement cannot be determined from record information. 4. A deed of trust and assignment ofrents and security agreement to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: Dated: Trustor: Trustee: Beneficiary: Recorded: $1,496,900.00 September 15, 2016 Shibla, LLC, a California Limited Liability Company Anchor Loans, LP, a Delaware Limited Partnership Anchor Loans, LP, a Delaware Limited Partnership, as to an undivided 100.000% interest equal to $1,496,900.00 9CFL License No. 603K850) September 16, 2016 as Instrument No. 2016000448876, Official Records According to the public records, the beneficial interest under the deed of trust was assigned to Access Investment, LLC, a Delaware Limited Liability Company by an assignment recorded October 3, 2016 as Instrument No. 2016000478633, Official Records. Page No. 3 PA2017-129 File No. 5100117-081 5. Rights of parties in possession. 6. Note: This preliminary title report is furnished as an accommodation for the sole purpose of preliminary planning and facilitating compliance with requirements necessary for the issuance of Subdivision Guarantee. It is understood that our liability is solely of that express in such guarantee, and no liability separate from or other than our liability under said guarantee is assumed by said guarantee, except that if no guarantee is issued under this order, the amount paid for this report shall be the maximum liability of the Company. This report is incomplete as to matters necessary for the issuance of a policy of title insurance. If title insurance is going to be required, contact the title officer herein, nor should any instruments for recording be prepared based on this report, and this Company assumes no liability if this report is used for any purpose in violation of the Real Estate Law and/or Subdivision Map Act. Page No. 4 PA2017-129 File No. 5100117-081 REQUIREMENTS: Req. No. 1: Statements of information from all parties to the transaction. Req. No. 2: With respect to Shibla, LLC, a Texas Limited Liability Company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC-1) and any certificate of correction (LLC-11 ), certificate of amendment (LLC-2), or restatement of articles of organization (LLC-10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of its application for registration (LLC-5) be recorded in the public records; d. 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, that such document or instrument 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 document 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 written 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. e. other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. Page No. 5 PA2017-129 File No. 5100117-DB1 NOTES: Note No. 1: This report does not reflect requests for notice of default, requests for notice of delinquency, subsequent transfers of easements, and similar matters not germane to the issuance of the policy of title insurance anticipated hereunder. Note No. 2: If this company is requested to disburse funds in connection with this transaction, Chapter 598 of 1989 Mandates of the California Insurance Code requires hold periods for checks deposited to escrow or sub-escrow accounts. Such periods vary depending upon the type of check and anticipated methods of deposit should be discussed with the escrow officer. Note No. 3: No endorsement issued in connection with the policy and relating to covenants, conditions or restrictions provides coverage for environmental protection. Note No. 4: Special recordings: Due to a severe budget shortfall, many county recorders have announced that severe limitations will be placed on the acceptance of "special recordings." Note No. 5: Homeowners association: if the property herein described is subject to membership in a homeowners association, it will become necessary that we be furnished a written statement from the said homeowners association of which said property is a member, which provides that all liens, charges and/or assessments levied on said land have been paid. Said statement should provide clearance up to and including the time of closing. In order to avoid unnecessary delays at the time of closing, we ask that you obtain and forward said statement at your earliest convenience. Note No. 6: Demands: This company requires that all beneficiary demands be current at the time of closing. If the demand has expired and a current demand cannot be obtained it may be necessary to hold money whether payoff is made based on verbal figures or an expired demand. Note No. 7: Line of credit payoffs: If any deed of trust herein secures a line of credit, we will require that the account be frozen and closed and no additional advances be made to the borrower. If the beneficiary is unwilling to freeze the account, we will require you submit to us all unused checks, debit vouchers, and/or credit cards associated with the loan along with a letter (affidavit) signed by the trustor stating that no additional advances will be made under the credit line. If neither of the above is possible, it will be necessary to hold any difference between the demand balance and the maximum available credit. Note No. 8: Maps: The map attached hereto may or may not be a survey ofthe land depicted thereon. You should not rely upon it for any purpose other than orientation to the general location of the parcel or parcels depicted. WFG National Title Company of California expressly disclaims any liability for alleged loss or damages which may result from reliance upon this map. Note No. 9: The Homeowner's Policy applies only if each insured named in Schedule A is a Natural Person (as Natural Person is defined in said policy). If each insured to be named in Schedule A is not such a Natural Person, then a CL TA Owners Policy will be issued. Note No. 10: In the event of cancellation or if the transaction has not closed within a reasonable time period, the rate imposed and collectable shall be as defined in the Company's currently filed Schedule of Rates and Fees, pursuant to Section 12404 of the California Insurance code, unless other provisions are made. In accordance with said Section of the California Insurance Code, the Company has adopted a uniform practice by which the charges under this provision may be waived or cancelled. Note No. 11: A Preliminary Change of Ownership Report (PCOR) must be filed with each conveyance in the County Recorder's office for the county where the property is located. If a document evidencing a change in ownership is presented to the Recorder for recordation without the concurrent filing of a PCOR, the Recorder may charge an additional recording fee of twenty dollars ($20). State law also provides for a penalty of be levied if the Change of Ownership Report is not returned to the Assessor within a timely filing period. The penalty for failure to file a Change in Ownership Statement is $100 or 10% of the new tax bill, whichever is greater, but not to exceed $2,500. Page No. 6 PA2017-129 File No. 5100117-081 Note No. 12: According to the public records, there have been no deeds conveying the land described herein within a period of twenty four months prior to the date of this report, except as follows: A deed recorded September 16, 2016 as Instrument No. 2016000448875, Official Records. Grantor: Grantee: Jason M. Fox, a single man as to an undivided 50% interest and Leslie H. Dean, a single woman as to an undivided 50% interest, as tenants in common Shibla, LLC, a Texas Limited Liability Company Page No. 7 PA2017-129 WFG National 'fitle Company® n Williston Financial Group company Please call your Escrow Officer if your answer is "Yes" to any of the following guestions + At any time during the preceding 6 months, has there been, or is there currently, any worl< or construction of improvements on the property? + Are any of the parties currently vested in title, on the property herein currently Incapacitated or Deceased? + Are any of the principals of the transaction intending to use a Power of Attorney to execute any of the documentation involved in this transaction? + Has there been a recent change of marital status of any of the principals involved in this transaction? • Is the property herein intended to be transferred into a Trust, Partnership, Corporation, or Limited Liability Company? + Do the sellers of the property reside outside the state of California? + Will the property described herein be part of a Tax Deferred Exchange? In order to better serve you, We ask that you remember: + All parties signing documents must have a valid Photo Identification Card, Drivers License, or Passport for notarial acknowledgment. + Please call your Escrow Officer with any Loan or Lien payoff information, if required, he or she may order payoff demands in a timely manner, & advise your Escrow Officer of any loan(s) that are to be assumed by the buyer. + If parties are obtaining a loan, your Escrow Officer will need to have the Fire/Hazard Insurance, agent name & phone number to add the new lender on the policy as a loss payee. + If there is to be a change of ownership, it will be necessary for the parties acquiring title to indicate how they would like to be vested. WFG National Title Company of California has a worksheet available that will briefly explain each of the various methods of holding title (please feel free to request a copy from us). Note: Each method by which you can hold title has different legal &/or tax considerations & parties are encouraged to obtain advise from an Attorney, CPA, or other professional knowledgeable in this area. PA2017-129 ~,ron Fin.,.dal Group ABOUT YOUR PRIVACY At WFG, we believe it is important to protect the privacy and confidences of our customers. This notice is intended to explain how we collect, use, and protect any information that we may collect. It will explain the choices you may make about the use of that information. What Information Do We Collect About You? We collect certain types of information about you. This may consist of: • Your name, address, and telephone number. • Your email address. • Your social security or government ID numbers. • Your financial information. We collect this information from: • The application or other forms you fill out with us. • The correspondence you and others direct to us. • Our transactions with you. • Others involved in your transaction, including the real estate agent or lender. In some cases, we collect information from third parties. For instance, we may receive real estate information from local assessor's offices. How Do We Use This Information? We use the information we collect to respond to your requests. WE DO NOT SHARE your information with other companie~. How Can You "Opt Out?" We do not share your information so there is no need to opt out. The information We Collect About You On Our Website When you enter our website, we automatically collect and store certain information. This consists of: • Your IP Address • (Internet Protocol Address) and domain name. • The type of browser and operating system you use. • The time of your visit. • The pages of our site you visit. If you register with us or fill out an on on line survey, we will collect additional personal information, such as your name, telephone number, email address and mailing address. File Number 5100117 Revised 1/7/2015 Page 1 PA2017-129 Cookie Usage In order to provide you with customized service, we make use of "cookies." Cookies are essentially files that help us identify your computer and respond to it. You may disable cookies on your own computer, but you may not be able to download online documents unless cookies are enabled. How We Use Information The information we collect concerning: • Your browser • The time and date of your visit • The web pages or services you accessed is used for administrative and technical purposes. For instance, we may use it to count the number of visitors to our site and determine the most popular pages. We may also use it to review types of technology you are using, determine which link brought you here, assess how our advertisements on other sites are working, and to help with maintenance. We use information contained in your emails only for the purpose of responding to those emails. If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes indicated in those forms or surveys. Your Right to See and Correct Information If you wish to see the information collected about you, please contact your settlement agent. Children's Policy We do not knowingly collect information from children under the age of 18. We delete any information that we discover has been provided by children. Security --Generally We make every effort to protect the integrity of your information .• Any personal information, you enter into online forms or surveys will be encrypted to ensure it remains private. We limit the right of access to your information to employees that need to use the information to respond to or process your request or transaction. We also take industry standard (IPSEC) measures to protect our sites from malicious intrusions or hacking. --Phishing and Pretexting As you know, consumers are increasingly targeted by unscrupulous persons attempting to acquire sensitive personal or financial information, by impersonating legitimate businesses. We will never send you an unsolicited email or other communication requesting your private information. If you receive a communication directing you to enter your personal information, please disregard the instruction and contact us immediately at Compliance@wfgnationaltitle.com. Do Not Track Because there is not an industry-standard process or defined criteria to permit a user to opt out of tracking their internet access (Do Not Track or DNT), we do not currently respond to the various DNT signals. File Number 5100117 Revised 1/7/2015 Page 2 PA2017-129 How to Contact Us If you have any questions about our privacy policy, please contact WFG: • By email: Compliance@wfgnationaltitle.com • By telephone: 800-385-1590 • By fax: 503-97 4-9596 • By mail: 12909 SW 681" Pkwy, Suite 350, Portland, OR 97223 • In person: 12909 SW 681" Pkwy, Suite 350, Portland, OR 97223 Oregon Residents We may not disclose personal or privileged information about you unless we provide you with a disclosure authorization form that is executed by you or your representative and otherwise complies with certain statutory requirements. Any such authorization is not valid for more than 24 months and may be revoked by you at any time, subject to the rights of anyone who relied on the authorization prior to your notice of revocation. In addition, if your personal or privileged information was collected or received by us in connection with a title insurance transaction, we cannot disclose such information if the disclosure authorization form that you executed is more than one year old or if the requested disclosure is for a purpose other than a purpose expressly permitted by statute. You have the right at any time to request in writing access to recorded personal information about you that is reasonably described by you and reasonably available to us. Within 30 days of the date of our receipt of any such written request from you, we will inform you of the nature and substance of any such information, permit you to see and copy that information or obtain a copy by mail, disclose the identity, if recorded, of the persons to whom we have disclosed such information during the previous two years, and provide you with a summary of the procedures by which you may request that such information be corrected, amended or deleted. WFG FAMILY WILLISTON FINANCIAL GROUP LLC WFG NATIONAL TITLE INSURANCE COMPANY . . WFG LENDER SERVICES, LLC WFGLS TITLE AGENCY OF UTAH, LLC WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC WFG NATIONAL TITLE COMPANY OF CALIFORNIA WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY UNIVERSAL TITLE PARTNERS, LLC VALUTRUST SOLUTIONS, LLC WILLISTON ENTERPRISE SOLUTIONS & TECHNOLOGY, LLC ~,ton Fh,ancfol Group File Number 5100117 Revised 1/7/2015 Page 3 PA2017-129 li!::;;G National Tide Insurance Company ~ ,Wilbu~Fin=WO,""l'"'"'""' Disclosure to Consumer of Available Discounts Pursuant to California Code of Regulations Section 2355.3 In compliance with Section 2355.3 of the California Code of Regulations, if the current transaction involves an improved, one-to-four family, residential dwelling, the proposed insured may be entitled to certain cost reductions and/or discounts in their title insurance premiums and/or settlement service charges, pursuant to the programs listed below, and as further described in the Company's current Schedule of Rates and Rules for the State of California, currently on file with the California Department of Insurance. The reductions and/or discounts available are: Churches or Charitable Non-Profit Corporations Credit for Reports on Subsequent Policies Electronic Commerce Group Title Discount Program Special "REO" Rate First Time Buyer(s) Senior Citizen Rate U.S. Military Rate Previous Title Policy Rate Consumer Direct Rates Disaster Loans Expedited/Electronic Refinance Rates Refinance Bulk Rates I, 2, 3 Limited Escrow Rates Home Equity Escrow rate REO Escrow Rate Group Rate Escrow and Title Discount Program ·Application of the Reductions and/or Discocmts listed above shall· be governed by the rules and requirements set forth in the Schedule of Rates and Rules on file in the office of the California Insurance Commissioner. Multiple programs may or may not be applied. Pursuant to the above referenced California Code of Regulations Section, neither provision nor acceptance of this form shall constitute a waiver of the consumer's right to be charged the filed rate. With the receipt of the Preliminary Report to which this Disclosure Form is attached, the proposed insured acknowledges that they have been notified that they may be entitled to certain cost reductions and/or discounts, as listed above and as more particularly described in the Company's Schedule of Rates and Rules, currently on file in the office of the Insurance Commissioner of the State of California. Discounted Rate Disclosure 2 Revised 4/2014 PA2017-129 WFG National Title Company® 11 Williston Financial Group company Notice of Opportunity to Earn Interest You have the opportunity to earn interest on the funds you deposit with us by instructing us to deposit your funds into an interest bearing account. (You do not have an opportunity to earn interest on any funds deposited by a lender.) If you elect to earn interest, there is an additional fee in the amount of $50.00 for establishing and maintaining such an account. It is important that you consider this cost as it may exceed the actual interest you earn. Example: A regular savings deposit of $1,000.00 at an average interest rate of 3.0%' per annum for a 30 day period: Deposit x Bfilll + Annual x Days = Total Interest Earned $2.50 $1,000.00 X .03 + 360 X 30 = PLEASE READ THE FOLLOWING CAREFULLY: A. If you do not want to have your funds deposited into an interest-bearing account, please initial below this paragraph and return this Notice and such will constitute an instruction to us that your funds be deposited into WFG National Title Company of California general escrow account. Likewise, non-receipt of this form will also constitute an instruction to us that your funds be deposited into WFG National Title Company of California general escrow account. For important information regarding the general escrow accounts, please read the disclosure in Paragraph C below. Initials _________ _ B. If you elect to have your funds earn interest in an interest-bearing account using WFG National Title Company of California depository bank, you MUST sign this form below, and return to WFG National Title Company of California both this signed form and a W-9 form, which can be provided upon request. Please be advised that you will be responsible for reporting all earnings to the applicable taxing authorities. C. Should you not elect to earn interest on your deposit, your funds will be deposited into our general escrow account at a financial institution insured tiy the FDIC. The generai escrow account is restricted and protected against claims by third parties or creditors of WFG National Title Company of California. This is a non-interest bearing account; however, WFG National Title Company of California, may receive certain financial benefits from that financial institution because of the general escrow account and its on-going banking relationship. These benefits may include, without limitation, credits allowed by such financial institution on loans to WFG National Title Company of California and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. We do not have an obligation to account to you in any manner for the value of, or to compensate any party for, any benefit received by WFG National Title Company of California. Any such benefits shall be deemed additional compensation of WFG National Title Company of California for its services in connection with the escrow. ELECTION TO EARN INTEREST: I HEREBY AUTHORIZE AND DIRECT, WFG NATIONAL TITLE COMPANY OF CALIFORNIA TO OPEN AN INTEREST BEARING ACCOUNT AT WFG NATIONAL TITLE COMPANY OF CALIFORNIA DEPOSITORY BANK AND TO CHARGE THE ADDITIONAL FEE FOR THIS SERVICE. SIGNATURE: DATE: __________ _ SIGNATURE: DATE: _________ _ ' Please note that this interest rate is only an example and WFG National Title Company of California does not guaranty the availability of any specific rate. PA2017-129 CL TA Preliminary Report Form -Exhibit A (06-05-14) CL TA 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 slate 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 ccsts, 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 Cile 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 patenis 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. CL TA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; C. land use; d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. PA2017-129 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 Polley Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18 Covered Risk 19: Covered Risk 21: Your Deductible Amount 1% of Policy Amount or $2,500.00 (which is less) 1% of Policy Amount or $5,000.00 (which is less) 1 % of Policy Amount or $5,000.00 (which is less) 1% of Policy Amount or $2,500.00 (which is less) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE Our Maximum Dollar Limit of Liability $10,000.00 $25,000.00 $25,000.00 $25,000.00 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, perm'II:, or governmental regulation (includlrlg those relating to building and zonin~) restricting, regulating, prohibiting, of 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 :iecame 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 laws. 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 :his 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 from 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: PA2017-129 1. 2. 3. 4. 5. 6. (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. 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. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 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. (a) Unpatented mining claims; {b} reservations or exceptions in patents or i1 Acts authorizing the issuance thereof; {c} water rights, claims or title to water, whether or not the matters excepted under (a), (b), or {c) are shown by the Public Records. Any lien or right to a lien for services, labor or material not shown by the public records. 2006 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, 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 i(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: 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,D1ay result in taxes or assessments, OJ: notices of such proceedings, whetheu 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) Un patented 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 (02-03-10) 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 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; (ii) 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 policy 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. PA2017-129 (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 transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending !aw. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or law 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. The 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. The 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. PA2017-129 2006 AL TA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, 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: 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) Un patented 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 (02-03-10) 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 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; (ii) 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 policy 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 !ass 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. PA2017-129 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business Jaws 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 law 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. The 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. The 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. PA2017-129 STATEMENT OF IN FORMATION CONFIDENTIAL -TO BE USED ONLY IN CONNECTION WITH ORDER NO: , ESCROW NO. 5100117, AND PROPERTY ADDRESS: 242-244 CATALINA DRIVE, NEWPORT BEACH, CA 92663 1. IMPROVEMENTS: 0 NONENACANT LAND 0 SINGLE RESIDENCE 0 MULTIPLE RESIDENCE 0 COMMERICAL 2. OCCUPIED BY: D OWNER 0 TENANTS 3. CONSTRUCTION WITHIN LAST 6 MONTHS? DYES ONO IF YES, INDICATE WORK DONE: PARTY 1 PARTY 2 FIRST MIDDLE 0 NONE LAST FIRST MIDDLED NONE LAST FORMER LAST NAME(S), IF ANY FORMER LAST NAME(S), IF ANY BIRTHPLACE BIRTH DATE BIRTHPLACE BIRTH DATE SOCIAL SECURITY NUMBER DRIVER'S LICENSE SOCIAL SECURITY NUMBER DRIVER'S LICENSE NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER NAME OF FORMER SPOUSE/REGISTERED DOMESTIC PARTNER MARRIAGE 0 SINGLE 0 MARRIED 0 UNMARRIED DATE OF MARRIAGE/DIVORCE: PARTY 1 RESIDENCES FOR LAST 10 YEARS ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) OCCUPATIONS FOR LAST 10 YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS PARTY 2 RESIDENCES FOR LAST 10 YEARS . . . . . ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) ADDRESS CITY STATE FROM (DATE) TO (DATE) OCCUPATIONS FOR LAST 10 YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS OCCUPATION FIRM NAME ADDRESS NUMBER OF YEARS THE UNDERSIGNED DECLARE, UNDER PENAL TY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON _____________ (DATE), AT ____________________ (CITY). BY ____________________ _ BY ____________________ _ HOME TELEPHONE:---------------HOME TELEPHONE _______________ _ BUSINESS TELEPHONE _____________ _ BUSINESS TELEPHONE _____________ _ EMAIL ___________________ _ EMAIL ___________________ _ PA2017-129 ,UAU11SI.L\ ' '"Id 'lOO ·1_---t91S£19 :.11111.10 " -·----·· \ ~ ,l; " 0 ii~ •• ~ le~ i "' \ ~t· •. ·~ ~e,~ ~ "' ~ ~ n~ -~ ~ ;~~ < "' i'i \ I I ~~! ~~· ~ lt i D I I i ! PA2017-129