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2017 SR Dev Co - Amended Prelim Title Report, 5 parcels, Nov 1Fidelity National Title Company 4210 Riverwalk Parkway, Suite 100, Riverside, CA 92505 Phone: (951) 710-5941 Fax: (951) 710-5955 Issuing Policies of Fidelity National Title Insurance Company Title Officer: Steven Gomez (BS-RIV) Escrow Officer: Samantha Maestas TO: Robert Green Company 3551 Fortuna Ranch Road Encinitas, CA 92024 ATTN: .John Gamlin YOUR REFERENCE: Order No.: 005-25006562-C-SG4 PROPERTY ADDRESS:SilverRock, La Quinta, CA AMENDED PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Countersigned by: Authorized Signature Fidelity National Title Company 4210 Riverwalk Parkway, Suite 100, Riverside, CA 92505 Phone: (951) 710-5941 Fax: (951) 710-5955 AMENDED PRELIMINARY REPORT EFFECTIVE DATE:October 12, 2017 at 7:30 a.m., Amended: November 1, 2017, Amendment No. C ORDER NO.: 005-25006562-C-SG4 The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Owners Policy (6-17-06) 1.THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE 2.TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: CITY OF LA QUINTA, a California municipal corporation and charter city 3.THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF LA QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCELS 1, 3, 4, 5 and 6 OF PARCEL MAP NO. 37207 IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP FILED ON MAY 3, 20178 IN BOOK 242, PAGES 72 THROUGH 87 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN(S): PORTION OF 770-200-026, 776-150-021, 776-150-023, 777-490-007. 777-490-032, 777-490-033, 777-490-034, 777-490-013, 777-490-003, 777-490-004, 777-490-005 AND 777-490-006 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A.Intentionally Deleted, B.There were no taxes levied for the fiscal year 2017-2018 as the property was vested in a public entity. C.Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. D.The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1.Water rights, claims or title to water, whether or not disclosed by the public records. 2.Rights of the public in and to any portion of said land, lying within any lawful established street, road or highways known as 50th Avenue, 58th Avenue, Adams Street, Airport Boulevard, Eisenhower Drive, Jefferson Street, Madison Street, Monroe Street and Washington Street, except were vacated. 3.Intentionally Deleted. 4.Intentionally Deleted. 5.Intentionally Deleted. . 6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern Sierras Power Company Purpose:Public utilities Recording Date:February 24, 1926 Recording No:in Book 664, Page 337, Deeds Affects:As set forth therein 7.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern Sierras Power Company Purpose:Public utilities Recording Date:February 16, 1929 Recording No:in Book 796, Page 507, Deeds Affects:As set forth therein 8.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern Sierras Power Company Purpose:Pole lines Recording Date:March 28, 1929 Recording No:in Book 804, Page 100, Deeds Affects:As set forth therein PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 9.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern Sierras Power Company Purpose:Public utilities Recording Date:April 11, 1929 Recording No:in Book 806, Page 220, Deeds Affects:Parcels 5 and 6 10.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Nevada-California Electric Company Purpose:Public utilities Recording Date:December 21, 1937 Recording No:353, Book 282, Official Records Affects:As set forth therein 11.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Nevada-California Electric Company Purpose:Pole lines Recording Date:January 3, 1938 Recording No:in Book 355, page 586, Official Records Affects:Parcels 5 and 6 12.Intentionally Deleted. 13.Intentionally Deleted. 14.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:The United States of America Purpose:Pipe lines Recording Date:July 2, 1953 Recording No:in Book 1487, Page 425, Official Records Affects:As set forth therein 15.Intentionally Deleted. 16.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Imperial Irrigation District Purpose:Power lines Recording Date:May 23, 1955 Recording No:in Book 1741, page 466, Official Records Affects:As set forth therein PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 17.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Imperial Irrigation District Purpose:Public utilities Recording Date:June 23, 1955 Recording No:in Book 1756, Page 278, Official Records Affects:As set forth therein 18.Intentionally Deleted. 19.Intentionally Deleted. 20.A Resolutions of the City Council of the City of La Quinta, recorded May 4, 1990 as Instrument/File No. 164277 of Official Records, which vacates certain portions of Adams Street, said resolution reserves an easement in favor of the public and any public or government agencies for access, ingress and egress of fire, police and other emergency vehicles and personnel over and across said vacated street. Affects:As set forth therein 21.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:General Telephone Company of California, a corporation Purpose:Public utilities Recording Date:May 7, 1990 Recording No:167234, Official Records Affects:As set forth therein 22.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:City of La Quinta, a municipal corporation Purpose:Public utilities Recording Date:May 23, 1990 Recording No:188795, Official Records Affects:As set forth therein 23.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:The United States of America Purpose:Pipe lines and necessary devices and appurtenances Recording Date:August 3, 1990 Recording No:287666, Official Records Affects:As set forth therein 24.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:The United States of America Purpose:Pipe lines and necessary devices and appurtenances Recording Date:August 3, 1990 Recording No:287668, Official Records Affects:As set forth therein PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 25.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:GTE California Incorporated, a corporation Purpose:Public utilities Recording Date:August 28, 1991 Recording No:297804, Official Records Affects:As set forth therein 26.An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s):Public streets and public utility Recording Date:April 7, 1999 Recording No:147656, Official Records Affects:As set forth therein 27.Intentionally Deleted 28.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:City of La Quinta, a charter city Purpose:Public right of way and roadway Recording Date:February 18, 2000 Recording No:2000-059968, Official Records Affects:As set forth therein 29.Intentionally Deleted. 30.Matters contained in that certain document Entitled:Deed Dated:June 18, 2002 Executed by:KSL Land Holdings, Inc., a Delaware corporation to La Quinta Redevelopment Agency, a public body corporate and politic Recording Date:June 27, 2002 Recording No:2002-352579, Official Records Reference is hereby made to said document for full particulars. and Re-Recording Date:January 31, 2008 and Re-Recording No:2008-0050168, Official Records Said instrument provides or establishes:Easements, Covenants, Conditions and Restrictions. PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 31.Matters contained in that certain document Entitled:Notice of Discontinue Use of Easements Boulder Canyon Project, All American Canal System, Coachella Division, California Dated:November 18, 2004 Executed by:United States of America, et al. Recording Date:December 6, 2004 Recording No:2004-0967905, Official Records Reference is hereby made to said document for full particulars. 32.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Southern California Gas Company, a corporation, its successors and./or assigns Purpose:Public utilities Recording Date:April 28, 2005 Recording No:2005-0337291, Official Records Affects:Parcels 5, 6 and 7 33.Matters contained in that certain document Entitled:Domestic Water and Sanitation System Installation and Irrigation System Agreement Dated:June 11, 2005 Executed by:Coachella Valley Water District, a public energy of the State of California and La Quinta Redevelopment Agency, a public agency of the State of California Recording Date:October 14, 2005 Recording No:2005-0852063, Official Records Reference is hereby made to said document for full particulars. An easement for access was granted to The Coachella Valley Water District, as contained in the above mentioned instrument. 34.Matters contained in that certain document Entitled:Development Agreement Dated:December 5, 2006 Executed by:City of La Quinta and LDD Silverrock, LLC Recording Date:August 3, 2007 Recording No:2007-502623, Official Records Reference is hereby made to said document for full particulars. 35.The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. Redevelopment Agency:La Quinta Recording Date:October 4, 2007 Recording No:2007-0619749, Official Records PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 36.Matters contained in that certain document Entitled:Resolution 2007-098 Dated:Not set out Executed by:City of La Quinta Recording Date:October 26, 2007 Recording No:2007-0660684, Official Records Reference is hereby made to said document for full particulars. and Re-Recording Date:May 16, 2008 and Re-Recording No:2008-0265053, Official Records 37.Intentionally Deleted. 38.Intentionally Deleted 39.An irrevocable offer to dedicate an easement over a portion of said Land for Purpose(s):Storm drain and lake leveling Recording Date:January 24, 2008 Recording No:in Book 224, Pages 24 through 39, inclusive of Parcel Maps Affects:Parcel 1 Said offer was accepted by resolution, a certified copy of which was recorded January 24, 2008 in Book 224, Pages 24 through 39, inclusive of Parcel Maps. 40.Intentionally Deleted. 41.Intentionally Deleted. 42.Intentionally Deleted. 43.Intentionally Deleted. 44.Intentionally Deleted. 45.Intentionally Deleted. 46.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Coachella Valley Water District, a public agency of the State of California Purpose:Canal and road Recording Date:April 14, 2014 Recording No:2014-0135323, Official Records Affects:Parcels 4, 5 and 6 PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 47.Matters contained in that certain document Entitled:Development Agreement 2014-1001 Approved by Ordinance No. 520 Dated:Not set out Executed by:The City of La Quinta and Silverrock Development Company, LLC Recording Date:December 18, 2014 Recording No:2014-0484106, Official Records Reference is hereby made to said document for full particulars. 48.Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on Parcel Map 37207; Purpose:Public utilities. Affects:Parcels 3, 4, 5, 6, 7 49.Recitals as shown on that certain Parcel Map 37207 Which among other things recites: We hereby dedicate to the City of La Quinta, Parcel “A” (Jefferson Street), Parcels “B” and “C” (Silverrock Way), and Parcel “D” (Agua Coralina) as shown on this Parcel Map. The dedication is for public street and public utility purposes We hereby retain Parcel “E” (Ahmanson Lane) for access purposes, as shown hereon, for private use for the sole benefit of ourselves, our successors, assignees and Parcels 1, 2, 3, 4, 5 within this Parcel Map We hereby dedicate Parcel “E” (Ahmanson Lane) for public utility purposes Reference is hereby made to said document for full particulars. 50.Matters contained in that certain document Entitled:Covenant Affecting Real Property (Golf Course Use) Dated:May 3, 2017 Executed by:City of La Quinta and Silverrock Development Company, LLC Recording Date:May 11, 2017 Recording No:2017-0189004, Official Records Reference is hereby made to said document for full particulars. 51.Matters contained in that certain document Entitled:Agreement Regarding Real Property Dated:May 3, 2017 Executed by:Coachella Water District and City of La Quinta Recording Date:June 1, 2017 Recording No:2017-0218005, Official Records Reference is hereby made to said document for full particulars. PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 EXCEPTIONS (Continued) 52.Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 53.Intentionally Deleted. 54.Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 REQUIREMENTS SECTION 1.The requirement that this company be furnished proper regulatory statutes authorizing this transaction and appropriate documentation indicating who may execute on behalf of. 2.Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. 3.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below: Limited Liability Company:SilverRock Development Company, LLC, a Delaware limited liability company a)A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member b)If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c)If the Limited Liability Company is member-managed, a full and complete current list of members certified by the appropriate manager or member d)If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin e)If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 4.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation:The Robert Green Company a)A Copy of the corporation By-laws and Articles of Incorporation b)An original or certified copy of a resolution authorizing the transaction contemplated herein c)If the Articles and/or By-laws require approval by a ‘parent’ organization, a copy of the Articles and By- laws of the parent The Company reserves the right to add additional items or make further requirements after review of the requested documentation. PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 REQUIREMENTS (Continued) END OF REQUIREMENTS PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 INFORMATIONAL NOTES SECTION 1.Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 2.Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:City of La Quinta, a California municipal corporation and charter city Grantee:Coachella Valley Water District, a public agency of the State of California Recording Date:April 14, 2014 Recording No:2014-0135323, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334258, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334253, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334254, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334255, Official Records PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 INFORMATIONAL NOTES (Continued) Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334256, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334259, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334260, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334262, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334263, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:City of La Quinta, a California municipal corporation and charter city Grantee:City as Successor Agency to La Quinta Redevelopment Agency, a public body, corporate and politic Recording Date:March 3, 2014 Recording No:2014-0080148, Official Records PRELIMINARY REPORT Fidelity National Title Company Your Reference: Order No.: 005-25006562-C-SG4 INFORMATIONAL NOTES (Continued) Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:Successor Agency, a public body, corporate and politic pursuant to Health and Safety Code Section 34173 Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:September 3, 2014 Recording No:2014-0334257, Official Records Note: The only conveyance(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor:City of La Quinta, a California municipal corporation and charter city Grantee:City of La Quinta, a California municipal corporation and charter city Recording Date:December 14, 2016 Recording No:2016-0557237 Official Records END OF INFORMATIONAL NOTES Steven Gomez (BS-RIV)/aag FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 1 Order No. 25006562-005-SM1-SG4 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver’s license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications. How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. 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We are not responsible for the privacy practices of third parties, even if our website links to those parties’ websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 2 Order No. 25006562-005-SM1-SG4 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, “FNF”, “our” or “we”) respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the “Website”). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); social security number (SSN), driver’s license, passport, and other government ID numbers; financial account information; and other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language and type; domain name system requests; browsing history, such as time spent at a domain, time and date of your visit and number of clicks; http headers, application client and server banners; and operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative; the correspondence you and others send to us; information we receive through the Website; information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. Cookies. When you visit our Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services. To communicate with you and to inform you about our, our affiliates’ and third parties’ products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section “Choices With Your Personal Information” to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to our affiliate financial service providers for their use to market their products or services to you; to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 3 Order No. 25006562-005-SM1-SG4 other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party’s own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: for our everyday business purposes – to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; for our own marketing purposes; for joint marketing with financial companies; and for our affiliates’ everyday business purposes – information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances (“opt-out”): for our affiliates’ everyday business purposes – information about your creditworthiness; and for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF’s headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 4 Order No. 25006562-005-SM1-SG4 For some FNF websites, such as the Customer CareNet (“CCN”), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: first and last name; property address; user name and password; loan number; social security number - masked upon entry; email address; three security questions and answers; and IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled “Choices with Your Information” and “Access and Correction.” If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 CA Discount Notice Effective Date: 12/02/2014 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries (“FNF”) must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer’s right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. FNF Underwritten Title Company FNF Underwriter FNTC - Fidelity National Title Company FNTCCA –Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND/OR COMMITMENTS ON SUBSEQUENT POLICIES (FNTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 or 36 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge. DISASTER LOANS (FNTIC) The charge for a lender’s Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church’s obligation the charge for an owner’s policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender’s policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. Attachment One (6-5-14) CA & NV ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a)Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b)not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material not shown by the public records. CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a.building; b.zoning; c.land use; Attachment One (6-5-14) CA & NV d.improvements on the Land; e.land division; and f.environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a.that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b.that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c.that result in no loss to You; or d.that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a.to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b.in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00%% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)$ 10,000.00 Covered Risk 18: 1.00%% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)$ 25,000.00 Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)$ 25,000.00 Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)$ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 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; Attachment One (6-5-14) CA & NV (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: (PART I (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii)the subdivision of land; or (iv)environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or Attachment One (6-5-14) CA & NV (e)resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a)a fraudulent conveyance or fraudulent transfer; or (b)a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of: (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2.Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6.Any lien or right to a lien for services, labor or material not shown by the Public Records. 7.(Variable exceptions such as taxes, easements, CC&R’s, etc. shown here.) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of: 1.(a)Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a)created, suffered, assumed, or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting in no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 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 law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. Attachment One (6-5-14) CA & NV 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. MISC0220.doc – Owner’s Declaration (Rev. 05/05/15) OWNER'S DECLARATION The undersigned hereby declares as follows: 1.(Fill in the applicable paragraph and strike the other) a.Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at ____________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 25006562-005-SM1-SG4 for full legal description (the "Land"). b.Declarant is the ____________________________ of ______________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at __________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 25006562-005-SM1-SG4 for full legal description (the "Land"). 2.(Fill in the applicable paragraph and strike the other) a.During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b.During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: . Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Fidelity National Title Company against any and all claims arising therefrom. 3.Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4.Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment. 5.The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land: 6.There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land. 7.There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Fidelity National Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at . Signature: