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LLA 1999-307wF -0,P-99 WE.P 06 :!5!5 EARL FENNY, CIVIL EFIGR. 61? n96 068 P. e I a; city of Qui'ni4! 4' Community Develry meat Department 7Loi Calle Tamn� co , Quints;. California ��;253 A (760) 777.7125 FAX: (760) 777-123 �.3un. 4.5� APPLICATION FOR LO�r LINE ADJUSTMENT APPROVAL LOT,LINE ADJUSTMENT application are nwiewed and approved by the Community Development Director purr ew to Chapter 13.32 of the Subdivision Regulations. The'puipese of the review iS to allow reconfiguration of r; two pr more adjoining lots into sizes or shapes appropriate for desired uses and in compliance with Municipal Code requit+,ements. i+ + + 4 4+4.+ 4�a•fi APPLICANT ,R rr 464pwg 5 '� 4 •4.0 • ,A TT'N,' d e 4442 Tint ` MAIJNG ADDRESS �0*• �_ •_ t3G,� _�,/Q _ Phone No. CITY ' STA7 ZIP _ Lud GeIry2-A 4 22 !9r-a Fax No. .. PROPIERTY QNOERS *Owner "A" Nwne:_ .4• A,e, , Address' -- _ Phone. (City) Mao) (Zip) k` •Oww "B" Name:_ 4V T Addreas: -- 5 ✓5 9-4 O 3 J Phoney (City) (State) (Zip) owne Phone; (City) (S ate) (Zip) *Attach sbm for additional owners PROPEM D {, Property A: Assessor's Parcel Number: / Street Addrem (if any): !94 57 -,W 0I0✓67.S C7�2/vim Property B: Assessor's parcel Number:�Z9�y_ L5 Street Addre;s (if any): G' Gs Jt'/�✓�rS D1i? jY Property C: Assessors Parcel Number: _ Street Addreis.(if any); A -'/sue DWRJPTION OF ADJUSTMENT REQUESTED; Rf4W0.57` .4 yr i 9 96 u�/b �✓co _-- iy o I r ST'I13a 7"D qC,��e n�A e�r� laP�.4�i✓6JBLt1G Plr4N- - --- Q ��T s: * s u•t r e 1.7/1&/07 Annvd tA10R nit; T0'd : WOEA QHA I HORU • LO:2T 66-2�"-90 CHICAGO TI'T'LE COMPANY PLE DELI'VE TO: CL 441 Num er D sled: FROK STEVE GALLAGHER CMCAGO TITLE COMPANY 560 E. Hospitality Lane San Bernardino, CA 9:408 PHONE: (909) 684-0448 Date Sent* — =�9 Carder No: -K04 Regarding: Pages: The number of pages includes this cover sheet. If you did not r�cJve all of the pages or if you have any questions about this transmission, please contact ,the sender. The materials enclosed with this facsimile tranm2ission are pprivate end confidential dare the property of the sender. The information containcaf in the material is privileged and is intendcd only for the use of the i Nsidualfs) or entity(ies) named a6ovr. If you arc not the intended rec!pfant, be advise that any urreutfinri d'disrlasure, copying dlstn7iutton or the lathing of any action in rebanca on the contents of this infc7�Tmation is strictlyprohihited. rrsc -02/07/97bk T'd VT2.'OH SddOAUd GNU NOISIAiag s x3 WdOT : T 666T �d tJl�l Z0-d PLEASE'ICOMPLErE THIS INFOaMATION Rf� COHL)INO REOUSSTED ay. Recording Requested By CA AGO TITLE COMPAN` ANC'WHEN RECORDEEI MAIL TO. RJT IlHomeS L.L.C_ P.O' Sox 810 La (uinta, California 92253 Attention: Chad. Meyer 80:21 66-9Z-90 00,11py of Document Recorded on I& -2�-9? as No. l d Has not been compared With original. GARY L. ORSO County Recorder RIVERSIDE COUNTY, CALIFORNIA TRA: 020-021 APNS: 769-740-0194'-3 i 769-740-0201:1-3 D' T: Norte GRANT DEED PURSUANT TO LOT LINE ADJUSTMENT NO.99-307 1 Title of Document "A T H! L• T L- � v S� J � R �. S ARE I FFO-W I} l l i� $J C v �j �� US7 JE/y ONLY,( THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (S3.0o Additional Recording STC-55❑ 995a ,aev bti 'OF1 SJJO),Ud CHU WOISIAIagns ao WdOI : T 666T'6�"Ninl KOHA aZA I RORH RECORp1N0 REGUESTFM BY • • 110:91 66-9Z-90 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHC WN BELOW, MAIL TAX STATEMENT TO: Nano: RJT HOMES, LL.C. street P.Q. BOX 610 Address city & LA QU1NTA, CA. 922S3 Suft Zip Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR ROCOROEWS USE Grant Deed The UNDERSIGNO GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS; -p- (BOUNGARX AWUSTMENTI ❑ _unincorporated area City of JA QUINTA Parcel No. 1-1 camnuted on full value of interest or property conveyed, or computed on full value less of Tien or encumbrances at the time of sale, FOR A VALUABLE CONSIDERATION„ receipt of which is hereby acknowledged RJT HOMES, L.L.C. Hamby ORANTS W RJT HOMES, L.L.C. the real property in the City of La duh to Comty of Riverside), Slade of California, descrIM as A and B and C attached hereto and a oat hereof Note: This grant deed implements the revised lot configuration pursuant to Last Line Adjustment 99 - 307 as approved by the City of La Quinta. All property subject to this lot litre adjustment is owned by a single entity, hence ownership conveyance Is a nonessential secondary function Of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment �99 - 307 as approved. " RJT HOMES, L.L.G. Dated STATE OF CALIFOAM COUNTY OF za,14 4 d W 11 } S,s. BY: CHO MEYER, PROJECT MANAGER On _before m., a Notary Public in and for sold county and state, personally appeared OrrtCLAL SEAL - . REGENIA HENSLEY CamM. al 10789'1 '� Notary Public -California RIVERSIDE COUNTY (or proved to me an the basis of satisfactoryM Commission Expires evidence) to be the person(p) whose name(s� is/a�aE subscribed to he � Uy�l� Us7 7' zc�°o within instrument and acknowledged to me that hel4WtW executed the same in his/*AWr authorized capacity(*), and that by hisftw/tkbir signature(p) on the instrument the personV), or the entity upon behalf of which the person(,4 acted, executed the instrument. NTNESS my h0p&xffa) fficial seal (This, anal for afficiml notarlml sash a� nn Glty b state Naanrf Sh"t AddMU " d tTc'Ohl SddOJAUd CHU NOISIAIaans oio WdOT:T 666T'E?'N111 • �0 ' d � : I^(Ol3rI QUA I H�H73 • 86:2i 66-9Z-90 EXHIBIT "A" PARCEL A LOT LINE ADJUSTMENT 99 30 7 25389-2 LOT 19 TAR WITH A PORTION OF LOT 20, BOTH OF � �'RAIC� , CITY OF JA QLTY1r"A, CQI[1bM OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIB$D AS F'OI UMS G CI,,WAT THESoaT WSTBRLY CO R OF SAID LC* 19, SAID CO R BF. =Q Zj POINT OF BZG=Ugl ,- T=qCEN 15-506' 01" Z , &UXqG THE WESTERLY : LM OF SAID LOT 19, A DISTANCE OF 128.1G' ; THENCE S75024'01" E, A DISTANCE OF 62,00,; THIN= S IS- 00'01" N, A DISTANCE OF 61.36 ; '�EEMM S 1Q�04'27" w, A DT$TA iGE OF 67.60' THENCE N 74°54'03" N, A DISTANCE O� 67.92' TO THE POINT OF BEGINNTN I ABOVE DEJGRIBND PAE=L COS !MYS AN AREA OF 8162 S W1RE r=T, MFJC OR LESS.' AS SHORN Oft MMIBIT "C" ATTACHED NMTO AND I4 UM � PART RER80F. �.. �p* _ , No. 6 m" EXP-SES �" 3 A APP ED MMUNp DEVELOPMENT DEPT g 4---DATE Z " A CASE NO. L`-'' "'� ` = tb'd t7TZ'OH SddOAUJ QWU WOISIAIQSf1S olo WdT T : T h66T NI Il S0 ' d : I+IOt3.3 QUA I ��tl • 60 : � i 66-5�- 90 EXHIBIT "B11 PARC19L B LOT LINE ADMS9MENT 99-307 PORTION OF LOT 20 OF TRACT 25389-2, CITY OF LA QU�NTA, COUNTY OF RIVERSIDO, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COImNClI G AT A CaaOUND CURVE POINT, SAID POINT BEING '!RE POINT OF BEGIN;ING; TH]CRI E WESTERLY 31.47' ALONG TNE W OF A CUM CONCAVE TO THE NORTH, HAVING A RADIUS OF 181.50 - , A CENTRAL ANGLE OF 9055189", AND A CHORD OF 31.43' $BARING 8 79°52'02" L; THENCE N 7405410311, TR, A ]DISTANCE OF 31.991; THENCE N 10004"27" E, A DISTANCE'OF' 67.601; THENCE N 15006'01" E, A DISTAL= OF 61.36'; THENCE S!75°24701" E, A DISTANCE OF 39.411, THENC$ S 12°24103" E, A DISTANCE OF 102.45' TO THE POINT OF CURVATURE OiP A. TANGENT CURVE, CONCAVE TO TER NORTHNEST, HAVING A RADIUS OF 24.50' A CENTRAL ANGLE OF 107 ° 34' 33" , AND A CHORD OF 39.53' BEARING N 41022'42'i E; THENCE SOBERLY ALONG SAID CURVE, A,DISTANCL OF 46.001 TO THE POINT OF BEGGING. ABOVE DESCPaWO PARCEL CONTAINS AN AREA OF 8725 SQUARE PUNT, MRE OR LESS. AS SHOWN ON MMXBIT "C" ATTACHED PTO AND MRDE PART OF . itIVI !i x AP VED MUNITY DEVELOPMENT DEPT No. MIS ' Ex�E3 m BY " ATE w + t ct-3Gi�! EXHIBIT : - a CASE NO, L-N .`Al d t 1: ' ON SddOJ,dd CHU NOISIAIQSf1S oiO WdT T : T 666T ' C„NI I1 6(9:2T 66-9Z-919 • HOHA QHA I HORN • EXHIBIT *,C, LL.A 99 -307 —4 *0�0�,°1' E PARCEL A (AREA=8182 SQ. FT. POINT ;bF BEGINNING 3 PARCEL A K ru CA fml 174 L` �JR�V PENW DATE; 6-16-99 SGALe.l'-20' PROPOSED B6UNDARY LINE 3 a oa PARC EL B AREA=8�25 SQ. FT. POINT OF BEGINNING PAARRCEL B CITY OF I—. QUINTA LOT LINE ADJUSTMENT RJT HOMES, L.L.C. LOTS 19 AND 20, TRACT 25380--2 47' S �Vill. 0 ' � fix DRAWN Erf- ER DOG NO. 9'd i bTr'ON SJJOAid GWU NOISIAIcans 61J WdTT:T 666T'E' 'F11-1l Le'd :NOHA GgAIR02H • 60:21 66-23-90 • T4ht 4 4 Q&r4 ' 78-496 CALLS TAMPICO -- LA QUINTA, CALIFORNIA 92253 — (760) 777-7D00 FAX (760) 777-7101 TDD (760) 777-1 227 June 22, 1999 County Recorder County of Riverside P.Q. Box �751 Riverside, California 92502-0751 SLTDdECT: RECORDING OF LOT LINE ADJUSTMENT 99-307 Dean' Colleague: The Ci � of La Quinta has roved the above noted Lot Litre Adjustment. Please allow its ty�� DPP �� zecordin� as presented by the applicant. Should you have any questions, please call me at (760) 777-7067. Very truly yours, JERRY ilERMAN C-C& MUNITY DEVELOPN[ENT DIRECTOR oa4 X—, ELL Associate GT- LTL.LA307CQunty- 34 MAILING ADDRESS - F.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 PT2'01.1 SddOAUd QNd NOISIAI ans OlO Wd2T:T 4 V ''d 666 T ' ' ' Finn I , T4ht 4 4 Q" 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 — (780) 777-7000 TDD (760) 777-1227 June 22, 1999 Mr. Chad Meyer, Project Manager RJT Homes, LLC P. O. Box 810 La Quinta, California 92253 SUBJECT: LOT LINE ADJUSTMENT 99-307 Dear Mr. Meyer: The Community Development Department has approved LLA 99-307 for recordation. Enclosed is the approved information for this application. Once recorded, please send a copy of the material to our office for filing. Enclosed is a letter addressed to the County Recorder stating that LLA 99-307 can be recorded. The City has approved this adjustment based on zoning compliance and correctness of the metes and bounds legal descriptions. Any potential conflicts with utility easements should be investigated by the developer at the earliest opportunity. By execution of this approval, the applicant and/or property owner agrees to indemnify, defend, and hold harmless the City of La Quinta from any legal claim or ligation arising out of the City's approval of this lot line adjustment. Should you have any questions, please contact me at (760) 777-7067. Sincerely, Y DEVELOPMENT DIRECTOR Associ GT. Enclosures c: Community :Development Director LLA 99-307 - 34<� MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 �- � f . 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 — (760) 777-7000 FAX (760) 777-7101 TDD (760) 777-1227 June 22, 1999 County Recorder County of Riverside P.O. Box 751 Riverside, California 92502-0751 SUBJECT: RECORDING OF LOT LINE ADJUSTMENT 99-307 Dear Colleague: The City of La Quinta has approved the above noted Lot Line Adjustment. Please allow its recording as presented by the applicant. Should you have any questions, please call me at (760) 777-7067. Very truly yours, JERRY HERMAN CO&MUNITY DEVELOPMENT DIRECTOR �GW Tl Associate GT. w� GL, ELL 1,TLLA307County- 34 MAILING ADDRESS — P.O. BOX 1504 — LA QUINTA, CALIFORNIA 92253 W RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED D, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name: RJT HOMES, L.L.C. Street P.O. BOX 810 Address city & LA QUINTA, CA. 92253 State Zip Title Order No. Escrow No. • SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed The UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS = -0- (BOUNDARY ADJUSTMENT) ❑ _unincorporated area Ig City of LA QUINTA Parcel No. ❑ comDuted on full value of interest or DroDertv conveved. or computed on full value less of liens or encumbrances at the time of sale, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged RJT HOMES, L.L.C. Hereby GRANTS to RJT HOMES, L.L.C. the real property in the City of La Quinta County of Riverside, State of California, described as exhibits A and B and C attached hereto and by reference made a part hereof. Note: This grant deed implements the revised lot configuration pursuant to Lot Line Adjustment 99 - 307 as approved by the City of La Quinta. All property subject to this lot line adjustment is owned by a single entity, hence ownership conveyance is a nonessential secondary function of this deed. The primary function of the deed is to provide constructive notice of the revised lot configurations pursuant to Government Code Section 66512 (d), and to perfect the intent of the Lot Line Adjustment 99 - 307 as approved. RJT HOMES, L.L.C. Dated STATE OF CALIFORNIA COUNTY OF [47i1 ) S.S. BY: CHAD MEYER, PROJECT MANAGER before me, a Notary Public in and for said County and State, personally appeared personally known to me(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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 Signature (This area for official notarial seal) Name Street Address city d State • • EXHIBIT "A" PARCEL A LOT LINE ADJUSTMENT 99-307 LOT 19 TOGETHER WITH A PORTION OF LOT 20, BOTH OF TRACT 25389-2, CITY OF LA QUINTA„ COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 19, SAID CORNER BEING THE POINT OF BEGINNING; THENCE N 15*06101" E, ALONG THE WESTERLY LINE OF SAID LOT 19, A DISTANCE OF 128.161; THENCE S75024101" E, A DISTANCE OF 62.001; THENCE S 15°06'01" W, A DISTANCE OF 61.361; THENCE S 10*04127" W, A DISTANCE OF 67.601; THENCE N 74054103" W, A DISTANCE OF 67.92' TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 8162 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT 'C" ATTACHED HERETO AND MADE A PART HEREOF. ie :c a NQ.PIA OMMUNITY DEVELOPMENT DEPT "DATE ..-/. - Z�- CASE NO. L--", 22 " -311 OMMUNITY DEVELOPMENT DEPT "DATE ..-/. - Z�- CASE NO. L--", 22 " -311 EXHIBIT "B" PARCEL B LOT LINE ADJUSTMENT 99-307 PORTION OF LOT 20 OF TRACT 25389-2, CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: CM44ENCING AT A COMPOUND CURVE POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE WESTERLY 31.47' ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 181.501, A CENTRAL ANGLE OF 905515911, AND A CHORD OF 31.43' BEARING S 79052102" E; THENCE N 74054103" W, A DISTANCE OF 31.981; THENCE N 10004127" E, A DISTANCE OF 67.601; THENCE N 15*06101" E, A DISTANCE OF 61.361; THENCE S 75024'01" E, A DISTANCE OF 39.411; THENCE S 12024103" E, A DISTANCE OF 102.45' TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 24.50' A CENTRAL ANGLE OF 10703413311, AND A CHORD OF 39.53' BEARING N 41022142" E; THENCE SOUTHERLY ALONG SAID CURVE, A DISTANCE OF 46.00' TO THE POINT OF BEGINNING. ABOVE DESCRIBED PARCEL CONTAINS AN AREA OF 8725 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF. AP VED COMMUNITY DEVELOPMENT DEPT No.2051d w EXP�E3 BY°`DATE 6 d EXHIBIT 14 f �� CASE NO. 3°� i�� SCALE: 1 "=20' EXHIBIT "C" LLA 99-307 S 6200, 01, e 56,61, a 0 I r o a79�u M iv �o � p 4�. z Q y m � U PARCEL A AREA=8182 SQ. FT. lb co 39, 41 > S 4,01 E PROPOSED BOUNDARY LINE of PARCEL B AREA=8725 SQ. FT. POINT OF BEGINNING 3 PARCEL A N 74 •S4103, E o Q o 6 j' 92' ti R, 181 ' SO 551,5 9 � C,qST / L= 31' QRo�Essi �// V ,47 S74 5 ' 9$' vfli o� v~i EARL PENNY RIVE `/VE R.C.E. 20516 7. W PIRES 9-30-0 b POINT OF BEGINNING PARCEL B CITY OF LA QUINTA DATE: 6-16-99 LOT LINE ADJUSTMENT DRAWN BY: E.P. SCALE:1 "=20' RJT HOMES, L. L.C. Doc No. LOTS 19 AND 20, TRACT 25389-2 MEMORANDUM TO: Christine di Iorio, Planning Manager FROM: Francisco Montellano VIA: Steve Speer, Senior Engineer DATE: June 21, 1999 SUBJECT: Lot Line Adjustment 99-307 We have completed our review of the lot line adjustment referenced above and recommend approval as submitted. fm. in 11; is 205/6 619.�596-CB1 MAMMA .. ; (619) 994- 7107 TO -- V GENTLEMEN-: LLFEUTV @F 7MR 1n7 1L OATL ',Tzff JOa NO I ATT NT.ON RL L.oTS I __ WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the fallowing items: 4 Shop drawings ❑ Prints ❑ Plans G Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: REMARKS ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested 0 Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ F4,4 S/Qit/.gTL/RE _ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: It enelosures ant not as kkww aelUtr we at awes. JUN-21-99 MOON 19:59 EARL PENNY, CIVIL ENiGR. A�r 619 596 0687 I* F'.01 NEW LOTS Bc,::ndary/Alignment Inverse Report Wei Jun 09 05:18:22 1999 P>-ject: 13211g2.PC!S In-.erse -Df NEW LOT 20 145 N:1285.830' E:1245.954' N 10°04'2?" E 67.6c, 72� N:1352.390' E:1257.780' N 15°06'01" E 61.36' N:1411.629' E:1273.764' S 75024'01" F. 39.41' 2.:_ N:1401.696' E:1311.B99' S 12°24'33" E 102.45' 4 N:1301.636' E:1333.900' Curve Parameters Direction: Right/Clockwise Radius Pt at N:1296.37 E:1309.97 Delta-107134133" Right/Clockwise Radius =24.50 Arc Length =46.00 Tangent Length =33.46 Chord Length -39.53 Chord Rearing =S 41°22'42" W PC Tang Bearing=S 12°24134" 6 PT Tang Bearing-N 84°50102" W PC ->RP Bearing =S 77°35'26" W RP ->PT Searing -S 5*09158" W N:1271.970' E:1307.766' Curve Parameters Direction: Right/Clockwise Radius Pt at N:1452.73 E:1324.11 Delta=9°55159" P.ight/Clockwise Radius-181.50 Arc Length =31.47 Tangent Length. -15.77 Chord Length =31.43 Chord Bearing =N 79*52102" W ec 'rang gearing=N 84*50102" W PT Tang Bearing=N 74°54103" w PC ->RP Bearing -N 5°09158" E RP ->PT Bearing =s 15*05157" W 4`--- N:1277.499' E:1276.830' N 74°54103" W 31,98' 1ii:. N:1285.830' Et1245.954' Perimeter: 380.26' FlArea: 0.20 acres 8725 sq ft❑Precision: Perfect DO lr,xerse Qf NEW LOT 19 14a N:1303.523' E:1180.377' N 15°06'01" E 129.16' N:1427.258' E:1213.?64' S 75°24101" E 62.00' �= N:1411.629' E:1273.764' S 15*06101" w 61.36' 2" N:1352.390' E:1_257.780' S 10°04127" W 67.60' N:1285.830' E:1245.954' N 74°54'03" W 67.92' l y N:1303.523' E:1160.377' F rimeter: 387.05' FA.rea: 0.19 acres 6162 sq ftOPrecision: Perfect D 1 (PC of curve; Iry TO MEMORANDUM Christine di Iorio, Planning Manager FROM: Francisco Montellano VIA: Steve Speer, Senior Engine DATE: June 17, 1999 SUBJECT: Lot Line Adjustment 99-307 We have completed our review of the lot line adjustment referenced above and have the following comments: 1 2 3 4 fm Draw plots to scale. Legal description of lot number 20 does not match the plat. Omit "parcel A" from lot number 20 on the plat. Refer to the example in order to write the last two sentences in the legal description of each lot. 0 0 T4'�t 4 Q" MEMORANDUM TO: MARK- HAROLD, BUILDING AND SAFETY MANA ER FROM: GREG TROUSDELL, ASSOCIATE PLANNE VIA: CHRISTINE DI IORIO, PLANNING MANAGER DATE: DUNE 15, 1999 RE: MYLAR CHANGE FOR TRACT 25389-2 (LOTS 18 AND 19), PRECISE GRADING PLAN - RJT HOMES The Precise Grading Plan Mylar cannot be changed for Lot 19 until the developer has completed processing and recordation of Lot Line Adjustment 99-307. If you have any questions, please contact Greg at extension 7067. c: Diane Aaker, Senior Secretary (B & S) Betty Sawyer, Executive Secretary Leslie Mouriquand, Associate Planner Nicky Gormley (B & S) BldgTr25389-2 ; 34 OCHICAGO T• E Date: 06-16-99 LA QUINTA FAIRWAYS ATTN: CHAD MEYER 78-835 CASTLE PINES DRIVE LA QUINTA, CALIFORNIA Order No.: 8203940 - K10 Property: RE: 20/25389-2 COMPANY • In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE COMPANY 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE TITLE OFFICER PSPEL--09/16/97bk OCHICAGO TITLE COMPANY FIRST AMENDED Reference: 20/25389-2 PRELIMINARY REPORT Dated as of: June 3, 1999 at 7:30 AM Order No.: 8203940 - K10 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B 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 the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to In Schedule B and the exceptions and exclusions set forth in the attached list 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN STANDARD COVERAGE POLICY Title Department: CHICAGO TITLE 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE TITLE OFFICER COMPANY M PFP--09/04/97bk NTANY Supplemental Report Your Ref: Dated asof JUNE 3, 1999 at 7 : 30 AM Title Officer: LYNN STONE Issuing Office: 560 E. Hospitality Lane San Bernardino, CA 92408 PHONE: (909) 884-0448 Order No: 008203940 K10 The above numbered report dated JUNE 3, 1999 (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional item(s) relating to the issuance of an American Land Title Association Loan form Policy: AJ NOTE NO. 1: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA LOAN POLICY, WHEN ISSUED. AK NOTE NO. 2: THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS LA QUINTA, CALIFORNIA. AL NOTE NO. 3: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT. SUPPL1--10/22/95 AA 0 SCHEDULE A Order No: 8203940 K10 Your Ref: 20/25389-2 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1 AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of RIVERSIDE and is described as follows: SEE ATTACHED DESCRIPTION PREA Page 1 DESCRIPTION Order No. 8203940 PARCEL 1: LOT 20 OF TRACT 25389-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 232 PAGES 9 THROUGH 12, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, AS SAID SUBSTANCES ARE MORE PARTICULARLY DESCRIBED IN AND RESERVED BY LANDMARK LAND COMPANY OF CALIFORNIA, INC., A DELAWARE CORPORATION, IN THE DOCUMENT RECORDED DECEMBER 27, 1989, AS INSTRUMENT NO. 453100, OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE RIGHT AND EASEMENT, IN PERPETUITY, ON, OVER, UNDER, ACROSS AND THROUGH THOSE PORTIONS OF THE LAND UPON WHICH ARE HEREAFTER ACTUALLY CONSTRUCTED STREETS, ROADS, DRIVEWAYS, PATHS, AND PARKING AREAS FOR (A) PEDESTRIAN AND VEHICULAR (INCLUDING WITHOUT LIMITATION, GOLF CARTS) INGRESS, EGRESS AND RIGHTS OF ACCESS, AND (B) CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND REMOVAL OF UTILITIES, DRAINAGE, IRRIGATION, COMMUNICATION, GOLF COURSE IMPROVEMENTS AND RELATED FACILITIES AS EVIDENCED AND DISCLOSED IN DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. • SCHEDULE B • Page 1 Order No: 8203940 K10 Your Ref: 20/25389-2 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: AM 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999-2000 THAT ARE A LIEN NOT YET DUE. AN 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE .AMOUNTS ARE: FISCAL YEAR: 1998-1999 1ST INSTALLMENT: $245.78 2ND INSTALLMENT: $245.78 EXEMPTION: $NONE CODE AREA: 020-021 ASSESSMENT NO: 769-740-020-3 C 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. D 4. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN PUBLIC ROADS. E 5. THE EFFECT OF AN EASEMENT 30 FEET ON EACH SIDE OF SECTION LINES IN FAVOR OF THE PUBLIC FOR PUBLIC HIGHWAYS, AS EVIDENCED BY PETITION DATED JANUARY 9, 1901 AND RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: TRACT NO. 25389-2 EASEMENT PURPOSE: PUBLIC UTILITIES AND INCIDENTAL PURPOSES AFFECTS: AS SHOWN ON THE MAP OF SAID TRACT G 7. EASEMENTS AND RIGHTS -OF -WAY FOR PRIVATE ROADS AND STREETS AND FOR LANDSCAPE AND MAINTENANCE, IN FAVOR OF BROCK HOMEFED COMMUNITIES LA QUINTA, AND ALSO IN FAVOR OF LOT OWNERS WITHIN SAID TRACT, AS RETAINED IN THE OWNERS STATEMENT ON THE MAP OF TRACT 25389-2. H 8. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS." PREB-10/31/87bk Page 2 Order No: 8203940 J K SCHEDULE B (continued) K10 Your Ref: 20/25389-2 RECORDED: DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES: AN EASEMENT FOR ACCESS, INGRESS, EGRESS, UTILITIES, DRAINAGE, IRRIGATION, COMMUNICATION AND GOLF COURSE FACILITIES. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. L 9. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS." M N P RECORDED: OCTOBER 9, 1990 AS INSTRUMENT NO. 370948 OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES: AN EASEMENT OVER SAID LAND FOR UTILITIES, ACCESS, DRAINAGE, SLOPES, MAINTENANCE, USE AND ENJOYMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. MODIFICATIONS) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: FIRST AMENDMENT NOVEMBER 5, 1990 AS INSTRUMENT NO. 405691, OFFICIAL RECORDS AND SECOND AMENDMENT MAY 15, 1991 AS INSTRUMENT NO. 162709, OFFICIAL RECORDS a A DOCUMENT ENTITLED "ANNEXATION AGREEMENT", DATED MARCH 14, 1998 EXECUTED BY DESERT FAIRWAYS HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION AND RJT HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 16, 1998 AS INSTRUMENT NO. 244977, OFFICIAL PRELIMBC-9/23/93bk Page 3 Order No: 8203940 RECORDS. AO u r Ah SCHEDULE B (continued) K10 Your Ref: 20/25389-2 MODIFICATIONS) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: SEPTEMBER 25, 1998 AS INSTRUMENT NO. 410487, NOVEMBER 17, 1998 AS INSTRUMENT NO. 496632 AND FEBRUARY 25, 1999 AS INSTRUMENT NO. 74463, ALL OF OFFICIAL RECORDS 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: KSL LAND CORPORATION, A DELAWARE CORPORATION PURPOSE: AS MORE PARTICULARLY SET FORTH IN SAID DOCUMENT RECORDED: DECEMBER 2, 1997, AS INSTRUMENT NO. 441388, OFFICIAL RECORDS AFFECTS: SAID LAND x 11. A DOCUMENT ENTITLED "DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AGREEMENT", DATED NOVEMBER 12, 1997 EXECUTED BY COACHELLA VALLEY WATER DISTRICT, A PUBLIC AGENCY OF THE STATE OF CALIFORNIA, AND KSL LAND CORPORATION AND ITS ASSIGNS, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 5, 1998, AS INSTRUMENT NO. 1205. Y 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW z AMOUNT: $2,000,000.00 DATED: APRIL 27, 1998 TRUSTOR: RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY TRUSTEE: NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOCIATION BENEFICIARY: NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOCIATION RECORDED: APRIL 30, 1998 AS INSTRUMENT NO. 169757, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: 53307 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AA AN AGREEMENT. WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: SUPPLEMENTAL DECLARATION OF ANNEXATIN TO DESERT FAIRWAYS HOMEOWNERS ASSOCIATIN (PHASE IX) PREUMBC-9/23/93bk • Page 5 Order No: 8203940 K10 SCHEDULE B (continued) PARTIES: "BUYERS" Your Ref: 20/25389-2 (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT .ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) AF END OF SCHEDULE B AG NOTE NO. 1: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB -ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY .AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE -OUT) FUNDS RECEIVED BY CONFIRMED WIRE (WIRE -IN). THE FEE $25.00. THE COMPANY'S WIRE -IN INSTRUCTIONS ARE: WIRE -IN INSTRUCTIONS FOR C & I/SUBDIVISION INLAND: BANK: UNION BANK 2001 MICHELSON DRIVE IRVINE, CA 92714 BANK ABA: 122 000 496 ACCOUNT NAME: CHICAGO TITLE COMPANY C&I/SUBDIVISION-INLAND ACCOUNT NO.: 9120052850 FOR CREDIT TO: CHICAGO TITLE COMPANY 560 EAST HOSPITALITY LANE ONLY COLLECTED FUNDS OR FOR EACH WIRE -OUT IS PREUMBG9/23/93bk 0 SCHEDULE B Page 6 (continued) Order No: 8203940 K10 Your Ref: 20/25389-2 SAN BERNARDINO, CA 92408 FURTHER CREDIT TO: ORDER NO.: 008203940 NOTE NO. 2: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: 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. OWNER'S POLICY EXCLUSION 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. NOTE NO. 3: CHICAGO TITLE COMPANY WILL REQUIRE THAT WE BE FURNISHED A WRITTEN STATEMENT FROM THE BENEFICIARY OF ANY OUTSTANDING DEED OF TRUST THAT THE ACCOUNT IS FROZEN PRIOR TO OUR PAYING THE DEMAND IF SAID DEED OF TRUST SECURES A LINE OF CREDIT. AH NOTE NO. 4: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR TRANSACTION. UNDER THE PROVISIONS OF "THE CALIFORNIA LIMITED LIABILITY ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: 1. A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. 2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. 3. IF THE LIMITED LIABILITY COMPANY IS MEMBER -MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. LS/DW PREUMBG9/23/93bk 0 • Order No: 8203940 - K10 Your Ref: 20/25389-2 As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above -listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above -named title companies. KSS--09/07/98bk • 0 Attached to Order No. 008203940 K10 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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, attorney's 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 Q) the occupancy, use, or enjoyment of the land; (III 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; 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 the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the ability 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-in4ending law. g. Any claim, which arises out of the transaction vesting in the insured the estate or 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 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, 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. CLTASCP - 05/ 12/95 AA • Attacto Order No. 008203940 K10 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use land division improvement on the land environmental protection This exclusion does not apply to the 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. 2. 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 3. Title Disks: 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 Tittle Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specially 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. EXCEPTIONS FROM COVERAGE In addition to the Exceptions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. M, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Unit, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (5/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. improvements on the Land 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. 5. Failure to pay value of 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 Lend. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. ALTARTIP 12/15/98sk • 0 Attached to Order No. 008203940 K10 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA 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, attorney's 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 () the occupancy, use, or enjoyment of the land; (i) 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 (v) environmental protection, or fhe effect of any violations 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 polio 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 (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 to 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 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 or 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: () the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (iQ the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (Oil) 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 purchaser for value or a judgment or lien creditor. The above policy forms 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 General Exosptlons: 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 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 by making inquiry of 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. ALTALP - 05/ 12/95 AA • Atta*o Order No. 008203940 K10 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) 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, attorney's 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 violations 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. The above policy forms 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 General Exceptions: 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 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 by making inquiry of 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. ALTAOPEC -- 05/12/85 AA • ANVTT 3 VynSN111111 09IHJ .o...t :n.�s _%yg11lt1 i7Up!i81 {o UOtapl R�auo p�IpantMpQ t! K� L ��Jf S2W ltiE AuB4W0� Ol 'I e S ppI 5 0 t!UI pINM WAS t 101, tl II t1a01¢d l94lo W I 1 3 nu01atc um put{ mole W11t001 ui pit InOF lo{ it lt{d SWi» °%' 37 n(g / _I �- 2]'59 M 6t91i9 0 . Q As li $ p ;D • 3y.65 t7 1\ \ gE2 , 1 4 I p°f N CO Rj `NUm e%) .Q to J 3'r0.9p.Lf i J�,pQ 1Z•1 �`) N I V � ' 0 °OEr G el 3 rb. N O aa R��`` °f V O.J.o G ` T `�'�` Lr N 00 Orr 1 rt z <�$1^ LLOg¢O t1 \ � \ `� p I n % R x NQayr M o f ,! n tiR 6L 92( 3. t0. 90.Lf = C\j n N OUT < LLWZ �� ?%/ _ I' N I I / 00 OFt : 3'10.90. �� n {n Io l� S ZZW" H • 9p 92!l g 3'rG.9p•Lr LO N e =h ?, UJI N / \ly 00 el r I Y 3.t0 y°• I o o � t0'szr 3 ( N it) N I (0'90.91 N i � Q °F'9zr �i2.'Orl IVy� 18 N S T 6f.ft N 62 62t n x l 3, 92,Of,zf Ib o revs, I R o e l m i, r0✓bl rri 00(F( 3.2E.9t .B0 p ff 1 N GilS �' ? y1� 3.0t.se.r0 W9('FEt ^ N i n i.os.oi.s0� Ora,Ora,� 1 1N w •i r %'6[t 3.61, r.CO N I OCHICAGO TI•E Date: 06-16-99 LA QUINTA FAIRWAYS ATTN: CHAD MEYER 78-835 CASTLE PINES DRIVE LA QUINTA, CALIFORNIA Order No.: 8203939 - K10 Property: RE: 19/25389-2 COMPANY • In response to a request for our issuance of a Policy of Title Insurance, we enclose herewith our Preliminary Report for your review. Should you have any questions in connection with this or any other matter concerning the above referenced order, please do not hesitate to contact our office. Thank you for choosing Chicago Title Company. Title Department: CHICAGO TITLE 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE TITLE OFFICER COMPANY C7 PSPEL •-09/16/97bk OCHICAGO T•LE COMPANY FIRST AMENDED Reference: 19/25389-2 • PRELIMINARY REPORT Dated as of: June 3, 1999 at 7:30 AM Order No.: 8203939 - K10 CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B 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 the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list 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. The form of policy of title insurance contemplated by this report is: CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY AMERICAN LAND TITLE ASSOCIATION LOAN STANDARD COVERAGE POLICY Title Department: CHICAGO TITLE COMPANY 560 E. HOSPITALITY LANE SAN BERNARDINO, CA 92408 (909)884-0448 fax: LYNN STONE TITLE OFFICER PFP--09/04/97bk CHICAGO Supplemental Report Your Ref: U Dated as of JUNE 3, 1999 at 7 : 30 AM Title Officer: LYNN STONE Issuing Office: 560 E. Hospitality Lane San Bernardino, CA 92408 PHONE: (909) 884-0448 Order No: 008203939 K10 The above numbered report dated JUNE 3, 1999 (including any supplements or amendments thereto) is hereby modified and/or supplemented in order to reflect the following additional item(s) relating to the issuance of an American Land Title Association. Loan form Policy: AJ NOTE NO. 1: NONE OF THE ITEMS SHOWN IN THIS REPORT WILL CAUSE THE COMPANY TO DECLINE TO ATTACH CLTA ENDORSEMENT FORM 100 TO AN ALTA LOAN POLICY, WHEN ISSUED. AK NOTE NO. 2: THERE IS LOCATED ON SAID LAND A SINGLE FAMILY RESIDENCE KNOWN AS LA QUINTA, CALIFORNIA. AL NOTE NO. 3: THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN SIX (6) MONTHS OF THE DATE OF THIS REPORT. SUPPLI- 10/22/95AA a SCHEDULE A • Order No: 8203939 K10 Your Ref: 19/25389-2 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE AS TO PARCEL 1 AN EASEMENT MORE FULLY DESCRIBED BELOW AS TO PARCEL 2 2. Title to said estate or interest at the date hereof is vested in: RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY 3. The land referred to in this report is situated in the State of California, County of RIVERSIDE and is described as follows: SEE ATTACHED DESCRIPTION PREA Page 1 DESCRIPTION Order No. 8203939 PARCEL 1: LOT 19 OF TRACT 25389-2, IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP RECORDED IN BOOK 232 PAGES 9 THROUGH 12, INCLUSIVE, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPT ALL MINERALS, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500.00 FEET FROM THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, AS SAID SUBSTANCES ARE MORE PARTICULARLY DESCRIBED IN AND RESERVED BY LANDMARK LAND COMPANY OF CALIFORNIA, INC., A DELAWARE CORPORATION, IN THE DOCUMENT RECORDED DECEMBER 27, 1989, AS INSTRUMENT NO. 453100, OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE RIGHT AND EASEMENT, IN PERPETUITY, ON, OVER, UNDER, ACROSS AND THROUGH THOSE PORTIONS OF THE LAND UPON WHICH ARE HEREAFTER ACTUALLY CONSTRUCTED STREETS, ROADS, DRIVEWAYS, PATHS, AND PARKING AREAS FOR (A) PEDESTRIAN AND VEHICULAR (INCLUDING WITHOUT LIMITATION, GOLF CARTS) INGRESS, EGRESS AND RIGHTS OF ACCESS, AND (B) CONSTRUCTION, INSTALLATION, REPAIR, MAINTENANCE AND REMOVAL OF UTILITIES, DRAINAGE, IRRIGATION, COMMUNICATION, GOLF COURSE IMPROVEMENTS AND RELATED FACILITIES AS EVIDENCED AND DISCLOSED IN DOCUMENT RECORDED DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 0 SCHEDULE B Page 1 Order No: 8203939 K10 Your Ref: 19/25389-2 At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: AM 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED FOR THE FISCAL YEAR 1999-2000 THAT ARE A LIEN NOT YET DUE. AN 2. PROPERTY TAXES FOR THE FISCAL YEAR SHOWN BELOW ARE PAID. FOR INFORMATION PURPOSES THE AMOUNTS ARE: FISCAL YEAR: 1998-1999 1ST INSTALLMENT: $245.78 2ND INSTALLMENT: $245.78 EXEMPTION: $NONE CODE AREA: 020-021 ASSESSMENT NO: 769-740-019-3 C 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF' CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE' OF THE STATE OF CALIFORNIA. D 4. THE RIGHTS OF' THE PUBLIC IN AND TO THAT PORTION OF THE HEREIN DESCRIBED LAND LYING WITHIN PUBLIC ROADS. E 5. THE EFFECT OF' AN EASEMENT 30 FEET ON EACH SIDE OF SECTION LINES IN FAVOR OF THE PUBLIC! FOR PUBLIC HIGHWAYS, AS EVIDENCED BY PETITION DATED JANUARY 9, 1901 AND RECORDED APRIL 17, 1959 AS INSTRUMENT NO. 32692 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. F 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SHOWN OR AS OFFERED FOR DEDICATION ON THE RECORDED MAP SHOWN BELOW. MAP OF: TRACT NO. 25389-2 EASEMENT PURPOSE: PUBLIC UTILITIES AND INCIDENTAL PURPOSES AFFECTS: AS SHOWN ON THE MAP OF SAID TRACT G 7. EASEMENTS AND RIGHTS -OF -WAY FOR PRIVATE ROADS AND STREETS AND FOR LANDSCAPE AND MAINTENANCE, IN FAVOR OF BROCK HOMEFED COMMUNITIES LA QUINTA, AND ALSO IN FAVOR OF LOT OWNERS WITHIN SAID TRACT, AS RETAINED IN THE OWNERS STATEMENT ON THE MAP OF TRACT 25389-2. H 8. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS." PREB-10/31/97bk Page 2 Order No: 8203939 SCHEDULE B (continued) K10 Your Ref: 19/25389-2 RECORDED: DECEMBER 27, 1989 AS INSTRUMENT NO. 453100 OFFICIAL RECORDS I SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE. J AMONG OTHER THINGS, SAID DOCUMENT PROVIDES: AN EASEMENT FOR ACCESS, INGRESS, EGRESS, UTILITIES, DRAINAGE, IRRIGATION, COMMUNICATION AND GOLF COURSE FACILITIES. K REFERENCE IS :MADE TO SAID DOCUMENT FOR FULL PARTICULARS. L 9. COVENANTS, CONDITIONS AND RESTRICTIONS, BUT "OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS." M N 0 P RECORDED: OCTOBER 9, 1990 AS INSTRUMENT NO. 370948 OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST IN GOOD FAITH AND FOR VALUE. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES: AN EASEMENT OVER SAID LAND FOR UTILITIES, ACCESS, DRAINAGE, SLOPES, MAINTENANCE, USE AND ENJOYMENT. REFERENCE IS MADE TO SAID DOCUMENT FOR FULL PARTICULARS. MODIFICATIONS) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: FIRST AMENDMENT NOVEMBER 5, 1990 AS INSTRUMENT NO. 405691, OFFICIAL RECORDS AND SECOND AMENDMENT MAY 15, 1991 AS INSTRUMENT NO. 162709, OFFICIAL RECORDS q A DOCUMENT ENTITLED "ANNEXATION AGREEMENT", DATED MARCH 14, 1998 EXECUTED BY DESERT FAIRWAYS HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT MUTUAL BENEFIT CORPORATION AND RJT HOMES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JUNE 16, 1998 AS INSTRUMENT NO. 244977, OFFICIAL PREUMB69/23/93bk Page 3 Order No: 8203939 K10 RECORDS. AO u SCHEDULE B (continued) Your Ref: 19 / 2 5 3 89 -2 MODIFICATIONS) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED: SEPTEMBER 25, 1998 AS INSTRUMENT NO. 410487, NOVEMBER 17, 1998 AS INSTRUMENT NO. 496632 AND FEBRUARY 25, 1999 AS INSTRUMENT NO. 74463, ALL OF OFFICIAL RECORDS 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: KSL LAND CORPORATION, A DELAWARE CORPORATION PURPOSE: AS MORE PARTICULARLY SET FORTH IN SAID DOCUMENT RECORDED: DECEMBER 2, 1997, AS INSTRUMENT NO. 441388, OFFICIAL RECORDS AFFECTS: SAID LAND X 11. A DOCUMENT ENTITLED "DOMESTIC WATER AND/OR SANITATION SYSTEM INSTALLATION AGREEMENT", DATED NOVEMBER 12, 1997 EXECUTED BY COACHELLA VALLEY WATER DISTRICT, A PUBLIC AGENCY OF THE STATE OF CALIFORNIA, AND KSL LAND CORPORATION AND ITS ASSIGNS, SUBJECT TO ALL THE TERMS, PROVISIONS AND CONDITIONS THEREIN CONTAINED, RECORDED JANUARY 5, 1998, AS INSTRUMENT NO. 1205. Y 12. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL AMOUNT SHOWN BELOW Z AMOUNT: $2,000,000.00 DATED: APRIL 27, 1998 TRUSTOR: RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY COMPANY TRUSTEE: NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOCIATION BENEFICIARY: NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOCIATION RECORDED: APRIL 30, 1998 AS INSTRUMENT NO. 169757, OFFICIAL RECORDS ORIGINAL LOAN NUMBER: 53307 AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AA AN AGREEMENT WHICH STATES THAT THIS INSTRUMENT WAS SUBORDINATED TO: SUPPLEMENTAL DECLARATION OF ANNEXATIN TO DESERT FAIRWAYS HOMEOWNERS ASSOCIATIN (PHASE IX) PREUMBG9/23/93bk 0 SCHEDULE B Page 4 (continued) Order No: 8203939 K10 Your Ref: 19/25389-2 RECORDED: JUNE 16, 1998 AS INSTRUMENT NO. 244978, OFFICIAL RECORDS BY AGREEMENT RECORDED: JUNE 16, 1998 AS INSTRUMENT NO. 244978, OFFICIAL RECORDS AP AN AGREEMENT TO MODIFY THE TERMS AND PROVISIONS OF SAID DEED OF TRUST AS THEREIN PROVIDED EXECUTED BY: RJT HOMES, LLC, AN ARIZONA LIMITED LIABILITY AND NATIONAL BANK OF ARIZONA RECORDED: MARCH 16, 1999 AS INSTRUMENT NO. 108340, OFFICIAL RECORDS AB 13. A FINANCING STATEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER, SHOWING AC DEBTOR: RJT HOMES, LLC SECURED PARTY: NATIONAL BANK OF ARIZONA, A NATIONAL BANKING ASSOC. RECORDED: APRIL 30, 1998 AS INSTRUMENT NO. 169758, OFFICIAL RECORDS PROPERTY COVERED: AS PROVIDED FOR THEREIN AFFECTS: THE HEREIN DESCRIBED LAND AND OTHER LAND. AD 14. ANY CLAIMS FOR MECHANICS' LIENS ON SAID LAND THAT MAY BE RECORDED BY REASON OF A WORK OF :IMPROVEMENT, DISCLOSED BY AN INSPECTION OF SAID LAND. AE 15. WE WILL REQUIRE A STATEMENT OF INFORMATION FROM THE PARTIES NAMED BELOW IN ORDER TO COMPLETE THIS REPORT, BASED ON THE EFFECT OF DOCUMENTS, PROCEEDINGS, ]LIENS, DECREES, OR OTHER MATTERS WHICH DO NOT SPECIFICALLY DESCRIBE SAID LAND, BUT WHICH, IF ANY DO EXIST, MAY AFFECT THE TITLE OR IMPOSE LIENS OR ENCUMBRANCES THEREON. PARTIES: "BUYERS" (NOTE: THE STATEMENT OF INFORMATION IS NECESSARY TO COMPLETE THE SEARCH AND EXAMINATION OF TITLE UNDER THIS ORDER. ANY TITLE SEARCH INCLUDES MATTERS THAT ARE INDEXED BY NAME ONLY, AND HAVING A COMPLETED STATEMENT OF INFORMATION ASSISTS THE COMPANY IN THE ELIMINATION OF CERTAIN MATTERS WHICH APPEAR TO INVOLVE THE PARTIES BUT IN FACT AFFECT ANOTHER PARTY WITH THE SAME OR SIMILAR NAME. BE ASSURED THAT THE STATEMENT OF INFORMATION IS ESSENTIAL AND WILL BE KEPT STRICTLY CONFIDENTIAL TO THIS FILE.) PRELIMSC-9/23/93bk 0 g SCHEDULE , B Page 5 Order No: 8203939 K10 Your Ref: 19/25389-2 AF END OF SCHEDULE B AG NOTE NO. 1: I:F THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTION, CHAPTER 598, STATUTES OF 1989 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCROW OR SUB -ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS REQUIRE A HOLD PERIOD OF FROM TWO TO FIVE BUSINESS DAYS AFTER THE DAY DEPOSITED. IN THE EVENT THAT THE PARTIES TO THE CONTEMPLATED TRANSACTION WISH TO RECORD PRIOR TO THE TIME THAT THE FUNDS ARE AVAILABLE FOR DISBURSEMENT (AND SUBJECT TO COMPANY APPROVAL), THE COMPANY WILL REQUIRE THE PRIOR WRITTEN CONSENT OF THE PARTIES. UPON REQUEST, A FORM ACCEPTABLE TO THE COMPANY AUTHORIZING SAID EARLY RECORDING MAY BE PROVIDED TO ESCROW FOR EXECUTION. WIRE TRANSFERS THERE IS NO MANDATED HOLD PERIOD FOR FUNDS DEPOSITED BY CONFIRMED WIRE TRANSFER. THE COMPANY MAY DISBURSE SUCH FUNDS THE SAME DAY. CHICAGO TITLE WILL DISBURSE BY WIRE (WIRE -OUT) ONLY COLLECTED FUNDS OR FUNDS RECEIVED BY CONFIRMED WIRE (WIRE -IN). THE FEE FOR EACH WIRE -OUT IS $25.00. THE COMPANY'S WIRE -IN INSTRUCTIONS ARE: WIRE -IN INSTRUCTIONS FOR C & I/SUBDIVISION INLAND: BANK: UNION BANK 2001 MICHELSON DRIVE IRVINE, CA 92714 BANK ABA: 122 000 496 ACCOUNT NAME: CHICAGO TITLE COMPANY C&I/SUBDIVISION-INLAND ACCOUNT NO.: 9120052850 FOR CREDIT TO: CHICAGO TITLE COMPANY 560 EAST HOSPITALITY LANE SAN BERNARDINO, CA 92408 FURTHER CREDIT TO: ORDER NO.: 008203939 NOTE NO. 2: IF A 1970 ALTA OWNER'S OR LENDER'S OR 1975 ALTA LEASEHOLD OWNER'S OR LENDER'S POLICY FORM HAS BEEN REQUESTED, THE POLICY, WHEN APPROVED FOR ISSUANCE, WILL BE ENDORSED TO ADD THE FOLLOWING TO THE EXCLUSIONS FROM COVERAGE CONTAINED THEREIN: LOAN POLICY EXCLUSION: PREUMBG9/23/93bk • SCHEDULE B Page 6 (continued) Order NO: 8203939 K10 Your Ref: C 19/25389-2 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. OWNER'S POLICY EXCLUSION 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. NOTE NO. 3: CHICAGO TITLE COMPANY WILL REQUIRE THAT WE BE FURNISHED A WRITTEN STATEMENT FROM THE BENEFICIARY OF ANY OUTSTANDING DEED OF TRUST THAT THE ACCOUNT IS FROZEN PRIOR TO OUR PAYING THE DEMAND IF SAID DEED OF TRUST SECURES A LINE OF CREDIT. AH NOTE NO. 4: YOUR OPEN ORDER REQUEST INDICATES THAT A LIMITED LIABILITY COMPANY WILL BE ACQUIRING, ENCUMBERING OR CONVEYING REAL PROPERTY IN YOUR TRANSACTION. UNDER THE PROVISIONS OF "THE CALIFORNIA LIMITED LIABILITY ACT, EFFECTIVE SEPTEMBER 30, 1994" THE FOLLOWING WILL BE REQUIRED: 1. A COPY OF THE ARTICLES OF ORGANIZATION (AND ALL AMENDMENTS, IF ANY) THAT HAS BEEN FILED WITH THE SECRETARY OF STATE. 2. THE REQUIREMENT THAT THIS COMPANY BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT. THE COPY PROVIDED MUST BE CERTIFIED BY THE APPROPRIATE MANAGER OR MEMBER THAT IT IS A COPY OF THE CURRENT OPERATING AGREEMENT. 3. IF THE LIMITED LIABILITY COMPANY IS MEMBER -MANAGED THEN THIS COMPANY MUST BE PROVIDED WITH A CURRENT LIST OF THE MEMBER NAMES. LS/DW PRELIMBC-9/23/93bk Order No: 8203939 - K10 Your Ref: 19/25389-2 As part of the settlement of a class action lawsuit, we are required to place this notification in all preliminary reports: IF YOU BOUGHT, SOLD OR REFINANCED A HOME (RESIDENTIAL REAL PROPERTY) IN CALIFORNIA BETWEEN JULY 1, 1989 AND FEBRUARY 28, 1997, PLEASE READ THE FOLLOWING: Pursuant to a Settlement Agreement in a class action lawsuit filed in the Superior Court for Los Angeles County, a settlement agreement has been entered into that provides persons who bought, sold or refinanced residential real property in the State of California between July 1, 1989 and February 28, 1997, with certain rights. If you are such a person and you are now engaged in an escrow transaction with Chicago Title Company, Gateway Title Company, Benefit Land Title Company or Fidelity National Title Insurance Company, you have the following rights: If one of these companies previously handled a residential escrow transaction for you that involved residential real property in which a mortgage, promissory note, or similar debt instrument, repayment of which was secured by a duly recorded deed of trust, was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered to one of those title companies for recording but was inadvertently not recorded, you have the right to request that a release of obligation or reconveyance be recorded in accordance with the terms of the Settlement Agreement. To obtain this right you must: (1) Establish to the satisfaction of the title company that you actually closed an escrow between July 1, 1989 and February 28, 1997, which was handled by one of the above -listed title insurance companies, in which a mortgage, promissory note, or similar debt instrument secured by a duly recorded deed of trust was fully paid, satisfied or discharged and a reconveyance of that deed of trust was executed and was delivered for recordation to the title company that handled the prior transaction. Proof of said transaction shall be made by presenting a closing statement, preliminary report, title insurance policy or a paid escrow invoice which identifies you and the prior deed of trust; and (2) Request in writing the recording of a reconveyance or release of obligation in the event that one inadvertently had not been previously recorded in the escrow transaction previously handled by one of the above -named title companies. KSS--09/07/98bk • Attach90 Order No. 008203939 K10 LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS 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, attorney's fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation Qnduding but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to Q) the occupancy, use, or enjoyment of the land; QQ 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; 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 the estate or interest insured by this policy. 4. Unenforosability of the lien of the insured mortgage because of the ability 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 unenforosability 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. g. Any claim, which arises out of the transaction vesting in the insured the estate or 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 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, 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. CLTASCP -- 05/12/95 AA 0 Atta*o Order No. 008203939 K10 AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-67) EXCLUSIONS In addition to the exceptions in Schedule B, you are not insured against loss, costs, attorney's fees and expenses resulting from: Governmental police power, and the existence or violation of any law or governmental regulation. This includes building and zoning ordinances and also laws and regulations concerning: land use land division improvement on the land environmental protection This exclusion does not apply to the 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. 2. 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 3. 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 Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specially 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. EXCEPTIONS FROM COVERAGE In addition to the Exceptions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Unit, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. CALIFORNIA LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE (5/98) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorney's fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building c. Land use e. Land division b. zoning d. improvements on the Land 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. 5. Failure to pay value of 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. ALTARM 12/15/98ak �J At[ifihed to Order No. 008203939 K10 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA 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, attorney's 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 () 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 violations 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 (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 to 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 applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforosability 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 or 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 purchaser for value or a judgment or lien creditor. The above policy forms 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 General Exceptions: 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 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 inepeotion of the land or by making inquiry of 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. ALTALP - 05/ 12/95 AA L.J Attaceto Order No. 008203939 K10 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (/0-17-92) 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, attorney's 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; (H) 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 (v) environmental protection, or the effect of any violations 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: W the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or 00 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. The above policy forms 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 General Exceptions: 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 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 by making inquiry of 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. 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