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2003-362010NS Q�lt� DOC # 2003 - 0362010 Recording Requested by: ) APR 01P 2003 10:50 AM Leucadia County Water District ) OFFICIAL REM I SAN DIEGO allR RECORDER'S OFFICE When Recorded, Mail to ) GREGORY J. SMITH, COLIM RECORDER District Engineer ) 56729 FEES: 0.00 Leucadia County Water District ) OC: NA 1960 La Costa Avenue ) Carlsbad, CA 92009 ) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII For the benefits of the District ) SPACt Y'\ V Y L '1 zoos oaszo,o V "V ,\ I� Cvr V ,� V •'i ��il' V v C .,,. LY GRANT OF NON - EXCLUSIVE SEWER EASEMENT Assessor's Parcel No. 216 - 052.11 ( 426 ) Project 3252 -545 W.O. No. Merle Beach Estates Merle Beach Estates. Inc., its successors and assigns, ( "GRANTOR ") hereby grants to the LEUCADIA COUNTY WATER DISTRICT, a governmental entity and its successors and assigns, ( "GRANTEE "), a perpetual nonexclusive easement and right -of -way upon, in, across, over, and under the lands described below, to erect, install, construct, repair, replace, and maintain sewer pipeline(s) and/or mains, manholes, sewer lateral pipelines, and all structures and appurtenances incidental thereto, (hereinafter ,,pipeline(s) and related facilities "), above and below ground, at such location(s) within the easement as GRANTEE may from time to time determine. Said easement is located in the City of Encinitas, County of San Diego, State of California, and is more particularly described on Exhibits A and B attached hereto and incorporated herein by this reference. GRANTOR shall cause said pipeline(s) and related facilities to be: designed, reviewed, and approved by the LCWD District Engineer and constructed by GRANTOR under a LCWD development agreement with inspection and final acceptance by LCWD. Within a reasonable time following acceptance of installation of said pipeline(s) and related facilities, GRANTOR shall complete LCWD approved surface improvements at GRANTOR's sole expense. Thereafter, GRANTOR shall maintain said surface improvements in good condition at all times and GRANTEE shall maintain said pipeline(s) and related facilities in good condition at all times. GRANTOR grants the right of ingress and egress to GRANTEE to and from said easement by reasonable routes to carry out the purposes of this easement, together with the right to use the easement for GRANTEE's access to adjacent property. GRANTOR reserves to itself, and its successors and assigns, the right of ingress and egress across the easement surface at all times except during construction, repair, or maintenance of the pipeline(s) and related facilities. GRANTOR additionally reserves to itself, and its successors and assigns the right to erect and maintain gate(s) within or to the easement as long as GRANTEE is provided with a key at all times to said gate(s), if locked. Non - Exclusive Sewer Easement Page 1 56730 GRANTOR shall keep the easement graded flat and unobstructed at all times, and shall not plant any landscaping (including trees), or construct any structures or improvements (including paving) within the easement without the prior written consent of GRANTEE. GRANTOR will be responsible for all such landscaping or improvements (including paving) consented to by GRANTEE within the easement and GRANTEE will not be liable for any damage thereto. Notwithstanding any consent granted by GRANTEE, GRANTEE shall have the right, upon reasonable notice, to remove any such landscaping or other improvements, including paving, as necessary for maintenance or repair purposes, or which interfere with GRANTEE's ability to otherwise exercise its rights under this easement, provided that GRANTEE shall repair and/or replace any paving removed or damaged by resurfacing the immediate area as near as practicable to its preexisting condition, all at GRANTOR's sole expense. Further notwithstanding any consent granted, GRANTEE shall have the right, at its sole expense, to permanently trim or permanently remove any landscaping or other improvement within the easement that unreasonably interferes with GRANTEE's ongoing exercise of its easement rights and GRANTOR waives any right to compensation with respect to any such permanent removal. For routine construction, repair, and maintenance of GRANTEE's improvements within the easement, GRANTEE shall provide GRANTOR 48 hours notice in writing or by telephone prior to initiating work. GRANTEE shall not be obligated to provide GRANTOR with notice in the event of an emergency involving GRANTEE's facilities where the emergency precludes, as a practical matter, the giving of prior notice. The easement conveyed by this grant is not exclusive and GRANTOR reserves the right to grant easement rights to others or to dedicate the land subject to the easement to a public agency, provided that GRANTOR shall not have the right to convey rights to any other party to make a use in the easement that interferes with, restricts, or conflicts with the rights granted to GRANTEE hereby. GRANTOR shall notify GRANTEE within a reasonable time prior to the granting of any future easement or use within the easement, and allow GRANTEE the opportunity to review any such grant or use in order that GRANTEE is reasonably assured that its rights herein will not be interfered with or restricted in any way whatsoever. All terms and conditions of this easement shall be binding upon the parties, their successors and assigns. The benefits and burdens herein are intended, and shall, run with the land. In the event of litigation to interpret or enforce the terms and provisions of this easement, the prevailing party shall be entitled to recover reasonable attorneys fees, expert fees, including engineering fees, and investigative fees, in addition to costs. This easement represents the entire agreement between the parties and shall not be modified except by a written instrument signed by the parties and recorded. Non - Exclusive Sewer Easement Page 2 EXHIBIT "B" - PLAT PUBLIC SEWER MAIN EASEMENT ®EASEMENT FOR PUBLIC SEWER MAW DEDICATED HEREON TO LEUCADIA COUNTY WATER DISTRICT 5321 SQ FT = 0.12 ACRES ucaovsrE 204.42' i r- -- II II II II I I PROPOSED 6' PRIVATE DRAIN GE j EASEMENT ON PARCEL MAP FOR TF 4 01 -075 I� I I P �'J AriCrL 2 PAr1C.rL 3 L1^ N75 019'33 "E PROPOSED PRNA ROAD & UTILITIES EASEMEN 20,00 I SHOWN ON PARCE1 MAP FOR TPM 01 -075 56731 / 1 7pi\i1 0 -1 J076 Ln 'EASEMENT FOR PUBLIC SEWER �^ j� r r, C Er r r) ('• r� z �Ar,..� � �Ar,��'L !i Z _ SCALE: 1" - 50 ' j j a 0 25 50 75 100 i j l �PEp CI V!Z Fy BRIAN 0. r'LJ \JJAJ DED ri PAFiC rL ir NoO261705 CIVIL j / I PROPOSED PRIVATE ROAD @ UTILITIES EASEMENT s Professional Q / SHOWN ON PARCEL MAP FOR TPM 01 -075 / j I EASEMENT DEDICATED FOR PUBLIC ROADWAY U ja I ON PARCEL MAP FOR TPM 01 -075 TPOB - PUBLIC . ` I S74055'37OW SEWER EASEMENT ,� 20.00' r ry �7 _ - ANDREW N74o5537"E N 205.02' AVENUE N RESOURCE DEVELOPMENT CORP - 3NO1 -002A 56732 EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR PUBLIC SEWER A portion of the Southwesterly 20.00 feet of Encinitas Tentative Parcel Map No. 01 -075, in the City of Encinitas, County of San Diego, State of California, being the same property as described in Deed to Merle Beach Estates, Inc. recorded January 29, 2003 as Document No. 2003 - 0103497, more specifically described as follows: That portion of the South Half of Section Thirty-Three, Township Twelve South, Range Four West, San Bernardino Meridian, In the City of Encinitas, County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as follows: Commencing at the intersection of the Southerly line of Township Twelve South, Range Four West, San Bernardino Meridian, with the Easterly line of the Atchison, Topeka and Santa Fe Railway Company's rights -of -way; thence along said Easterly line of right -of -way North 14 058'09" West, 257.42 feet (Record North 15 043130" West, 257.70 feet per Deed described above); thence North 74 °55'37" East, 448.43 feet (Record North 74 013'45" East. 448.87 feet per Deed described above) said point being also the Southwesterly corner of the land described in said Deed described above; thence North 14 040'27" West (Record North 15 °16'20" West per Deed described above) along the Westerly line of said land 27.00 feet to the True Point of Beginning; thence continuing North 14 °40'27" West (Record North 15 01620" West) along said Westerly line 266.10 feet; thence North 75 01933" East 20.00 feet; thence South 14 040'27" East 265.96 feet; thence South 74 055'37" West 20.00 feet to the True Point of Beginning. AREA OF EASEMENT = 0.12 ACRES Lf ?' BRIAN v�Z� DONALD t1% No. 26175 m D * CIVIL 56733 GRANTOR expressly warrants and represents that it has the power to grant this easement in accordance with its terms. -A IN WITNESS WHEREOF, GRANTOR executed this Easement on this r J day of Merle Beach Estates, Inc STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO Michael D. McCarter, President GRANTOR On PVR:: as, zzg� , before (here insert the name and title of the officer), personally appeared mchaec. L (hc.Coz+QP , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iVam subscribed to the within instrument and acknowledged to me that he/she/Oiey executed the same in hiyhefAbeir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JULIE SANDRA SHEPARD ■ Comm!Won A 1249851 Notary Pubik - C29Mallo San Diego Camty Notary Public My Comm. Bq*m Jan 15,2D)4 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Deed or Grant dated 3/20/03 from Merle Beach Estates, Inc. to Leucadia County Water District, a political corporation and/or governmental agency, is hereby accepted by order of the Board of Directors of Leucadia County Water District on (or by the undersigned officer or agent on behalf of the Board of Directors of Leucadia County Water District pursuant to authority conferred by Resolution No. 410 of the Board of Directors of Leucadia County Water District adopted on December 14, 1972), and the Grantee consents to recordation thereof by its duly authorized officer. 3/20/03 DATED: Z�� 4�1�_ S CRETARY- MANAGER LEUCADIA COUNTY WATER DISTRICT Non - Exclusive Sewer Easement Page 3 56734 AMENDED First American Title 411 Ivy Street San Diego, CA 92101 Brian Donald Resource Development 914 North Coast Highway 101, Ste E Encinitas, CA 92024 -2074 Customer Reference: Mc Carter Order Number: DIV -- 628141 Title Officer: Mark McDonald (MM) Phone: (619) 231 -4664 Fax No.: (619) 231 -4647 E -Mail: Mark Mcdonald @firstam.com Buyer: Owner: Leucadia County Water District Property: 194 Andrew Avenue Encinitas, California 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 of said Policy or Policies are set forth in Exhibit A attached. 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. FirstAmerican Title Order Number: DIV -- 628141 (sp) Page Number: 1 56735 Dated as of March 3, 2003 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To be determined. 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: Merle Beach Estates, Inc. The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2003 -2004, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2002 -2003. First Installment: $6,547.08, Paid Penalty: $654.71 Second Installment: $6,547.08, Open Penalty: $664.71 Tax Rate Area: 19119 A. P. No.: 216- 052 -11 -00 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Rights of the public in and to that portion of the land lying within Andrew Avenue. 5. An easement for Public Highway and incidental purposes, recorded October 30, 1928 in Book 1539 of Deeds, Page 282. In Favor of: The County of San Diego Affects: A portion of said land. FirstAmerican Title Order Number: DIV -- 628141 (sp) Page Number: 2 56736 6. An easement for Public road and incidental purposes, recorded June 8, 1934 in Book 297, Page 305 of Official Records. In Favor of: County of San Diego Affects: A portion of said land. 7. The fact that said land lies within the San Dieguito Reorganization District as Disclosed by Instrument recorded September 5, 1986 as File No. 86- 390249 of Official Records. INFORMATIONAL NOTES The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmencan Title Order Number: DIV -- 628141 (sp) Page Number: 3 56737 LEGAL DESCRIPTION Real property in the City of Encinitas, County of San Diego, State of California, described as follows: A portion of the Southwesterly 20.00 feet of Encinitas Tentative Parcel Map No. 01 -075, in the City of Encinitas, County of San Diego, State of California, being the same property as described in Deed to Merle Beach Estates, Inc., recorded January 29, 2003 as Document No. 2003- 0103497 of Official Records, more specifically described as follows: That portion of the South Half of Section Thirty- Three, Township Twelve South, Range Four West, San Bernardino Meridian, in the City of Encinitas, County of San Diego, State of California, according to United States Government Survey approved October 25, 1875, described as follows: Commencing at the Intersection of the Southerly line of Township Twelve South, Range Four West, San Bernardino Meridian with the Easterly line of the Atchison, Topeka and Santa Fe Railway Company's rights of way; thence along said Easterly line of right of way North 14 degrees 58'09" West, 257.42 feet (record North 15 degrees 43'30" West, 257.70 feet per Deed described above); thence North 74 degrees 55'37" East, 448.43 feet (record North 74 degrees 13'45" East, 448.87 feet per Deed described above) said point being also the Southwesterly corner of the land described in said Deed described above; thence North 14 degrees 40'27" West (record North 15 degrees 1620" West per Deed described above) along the Westerly line of said land 27.00 feet to the true point of beginning; thence continuing North 14 degrees 40'27" West (record North 15 degrees 16'20" West) along said Westerly line 266.10 feet; thence North 75 degrees 1933" East 20.00 feet; thence South 14 degrees 40'27" East 265.96 feet; thence South 74 degrees 5537" West 20.00 feet to the true point of beginning. First Amencan Title Order Number: DIV -- 628141 (sp) Page Number: 4 56738 ►:uvtaJi Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any titre insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub - escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashiers checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details N077CE 77 As of January 1, 1991, if the transaction which is the subject of this report will be a sale, you as a party to the transaction, may have certain tax reporting and withholding obligations pursuant to the state law referred to below: In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one -third percent of the sales price in the case of the disposition of California real property interest by either: 1. A seller who is an individual with a last known street address outside of California or when the disbursement Instructions authorize the proceeds be sent to a financial intermediary of the seller, OR 2. A corporate seller which has no permanent place of business In California. The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10 percent of the amount required to be withheld or five hundred dollars ( ;500). However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000), OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR 3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code). The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case -by -case basis. The parties to this transaction should seek an attomey's, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller May Request a Waiver by Contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812 -0651 (916) 845 -4900 FirstAmerican Title Order Number: DIV -- 628141 (sp) Page Number: 5 56739 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 bD 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 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. 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 applicable "doing business' laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their 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. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE Any law, ordinance or governmental regulation (Including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest Insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or FiistAmencan Title Order Number: DIV -- 628141 (sp) Page Number: 6 56740 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 estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in pants one and two following: Part One 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance Is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 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. 1 Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. FiistAmerican Tit /e Order Number: DIV -- 628141 (sp) Page Number: 7 56741 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (1) 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 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. 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 (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed,at 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. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (1) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 FirstAmerican Tit /e Order Number: DIV -- 628141 (sp) Page Number: 8 t EXCLUSIONS FROM COVERAGE d 6742 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 and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 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. 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) 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 estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or titre to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 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: • land use * land division • improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters 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. FiystAmeiican Title Order Number: DIV -- 628141 (sp) Page Number: 9 56743 The right to take the land by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. Title Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Date - unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Tide Risks Failure to pay value for your title. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A, or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11, EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit} 16 (Zoning) and 18 (Encroachment of boundary wants or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 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 apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning It, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear 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.d, 22, 23, 24 or 25. S. 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 18. 12. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE WITH EAGLE PROTECTION ADDED 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: FifstAmencan Title Order Number: DIV -- 628141 (sp) Page Number: 10 56744 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (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 ('n) 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. This exclusion does not limit the coverage provided under insuring provisions 14, 15, 16 and 24 of this policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise 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. This exclusion does not limit the coverage provided under insuring provisions 14, 150 16 and 24 of this 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) 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 (this paragraph (d) does not limit the coverage provided under insuring provisions 7, 81 16, 17, 19, 20, 21, 23, 24 and 25); or (e) resulting in loss or damage which 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 the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon: (a) usury, except as provided under insuring provision 10 of this policy; or (b) any consumer credit protection or truth in lending law. 6. Taxes or assessments of any taxing or assessment authority which become a lien on the Land subsequent to Date of Policy. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 8. 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 limit the coverage provided under insuring provision 7. 9. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: (a) The time of the advance; or (b) The time a modification is made to the terns of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than It would have been before the modification. This exclusion does not limit the coverage provided under insuring provision 7. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE. 13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH EAGLE PROTECTION ADDED WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. Vial;1 r1r1114:1 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 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. First Amencan Title Order Number: DIV- -628 sp) 5b1 �5 Page Number: 11 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are 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 t>y public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. Part Two: I. Environmental protection liens provided for by the following existing statutes, which liens will have priority over the lien of the Insured Mortgage when they arise: NONE FiistAmencan Title 0 5�74� = N h Wo -j CD _J J r t Z30 \L/ ® W rn 0 US N a g Um Wg�r QUN /38 NVGld3H.s Of _____,_ do 742r•c �, 4�0 '1L "�„^— " vamw'ro't — y' < o o N szm s 1 P8 CA 'O� $NO°0 ..e4 a WW N o �� ` O$m 1 'y'S0.5'7 ✓ ?Q It �siL OS 7s M A (D° ° •11i + c \' �\ O N n0� e N 0 *• tl \W O � �• W ape „N /F> a`A Q @ '• p � O Y1 ^ N�4{p ..•� o N ne m a oA� 3 J^ '/ /sly O • • I i Q Ga N N � ' �•1 Y u o . a O 5 3A� )`iiv' g!2 8 �s0 ® J 6� �a nm� ?�3 0 W RA z N h °o O - C I t0 m N 0 5�74� = N h Wo -j CD _J J r t Z30 \L/ ® W rn 0 US N a g Um Wg�r QUN /38 NVGld3H.s Of _____,_ do 742r•c �, 4�0 '1L "�„^— " vamw'ro't — y' < o o N szm s 1 P8 CA 'O� $NO°0 ..e4 a WW N o �� ` O$m 1 'y'S0.5'7 ✓ ?Q It �siL OS 7s M A (D° ° •11i + c \' �\ O N n0� e N 0 *• tl \W O � �• W ape „N /F> a`A Q @ '• p � O Y1 ^ N�4{p ..•� o N ne m a oA� 3 J^ '/ /sly O • • I i Q Ga N N � ' �•1 Y u o . a O 5 3A� )`iiv' g!2 8 �s0 ® J 6� �a nm� ?�3 0 W RA z can Sm 0 5�74� = N h Wo -j CD _J J r t Z30 \L/ ® W rn 0 US N a g Um Wg�r QUN /38 NVGld3H.s Of _____,_ do 742r•c �, 4�0 '1L "�„^— " vamw'ro't — y' < o o N szm s 1 P8 CA 'O� $NO°0 ..e4 a WW N o �� ` O$m 1 'y'S0.5'7 ✓ ?Q It �siL OS 7s M A (D° ° •11i + c \' �\ O N n0� e N 0 *• tl \W O � �• W ape „N /F> a`A Q @ '• p � O Y1 ^ N�4{p ..•� o N ne m a oA� 3 J^ '/ /sly O • • I i Q Ga N N � ' �•1 Y u o . a O 5 3A� )`iiv' g!2 8 �s0 ® J 6� �a nm� ?�3 0 W RA z