Loading...
2020 Wash St-Fred Waring Triple Left Ln - Lyle Hall LLC City of PD Agrmt for Acquisition & Wire - APN 637-340-0299/10/2020 WebDirect https://cib.bankofthewest.com/K1/corp/landingpage 1/1 Approve Wires - Confirmation Wire Information Wires displayed: 1 of 1 View status definitions Message Type Value Date Beneficiary Name Wire Amount Wire Currency Debit Amount Status Sequence Number Control Number Domestic 09/11/2020 Lawyers Title Company 6,396.00 USD RELEASED 46 WT20091003328955 Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance Department, email=jdelgado@laquintaca.gov, c=US Date: 2020.09.10 10:37:58 -07'00' Create Free Form Wire - Domestic Confirmation Wire Release Information Status: PENDING View status definitions Sequence number: 46 Number of approvals required: 1 Message type cutoff time: 14:30 PST Message type: Domestic Wire Information Account: 059731851.CITY OF LA QUINTA OPERATING ACCOUNT Amount: 6,396.00 Currency: USD Value date: 09/11/2020 Beneficiary Bank Bank ID type: F-Fed Routing Number Bank ID: 122016066 Bank name: CITY NATIONAL BANK Bank address 1: LOS ANGELES CA Bank address 2 (Optional): LOS ANGELES, CA Country (Optional): US Beneficiary Information Beneficiary account number: 555295596 Beneficiary name: Lawyers Title Company Beneficiary address 1 (Optional): Beneficiary address 2 (Optional): Country (Optional): Remittance Information Remittance (Optional): Standard remittance (up to 70 characters per line) Payment details 1 (Optional): SBL22476 LT-143 CGC, APN 637-340-029 Payment details 2 (Optional):Colleen Graves Intermediary Bank 1 Information (Optional) Bank ID type (Optional): Bank ID (Optional): Bank name (Optional): Account number (Optional): Address 1 (Optional): Address 2 (Optional): Address 3 (Optional): Intermediary Bank 2 Information (Optional) Bank ID type (Optional): Bank ID (Optional): Bank name (Optional): Account number (Optional): Address 1 (Optional): Address 2 (Optional): Address 3 (Optional): Originator Information Originator name: CITY OF LA QUINTA OPERATING ACCOUNT Digitally signed by Karla Romero DN: cn=Karla Romero, o=City of La Quinta, ou=Finance, email=kromero@laquintaca.g ov, c=US Date: 2020.09.10 10:17:49 -07'00' Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance Department, email=jdelgado@laquintaca.gov, c=US Date: 2020.09.10 10:35:56 -07'00' Originator ID: 059731851 Originator address 1: 78495 CALLE TAMPICO Originator address 2 (Optional): LA QUINTA, CA Originator address 3 (Optional): US Detail History Information Action User ID Date/Time Created KROMERO 09/10/2020 10:16:23 PDT Save as Template Neck: 2019-5-19 ta Qa�tra CALIFORNIA WIRE REQUEST Name 1 Title of person requesting check Julie Mignogna, Management Analyst Department individual is associated with: Public Works Wire instructions (please also attach): CITY NATIONAL BANK (bank) LAWYERS TITLE COMPANY (AcccUnt-Hord-e?J _ --- - -- 555295596 122016066 ( ccoun um er -- outing um er) escnptlon and re e^ r�in-formation: ATTENTION: COLLEEN GRAVES Four urther cr�ifto EscroW NO: SBL224Tff--143 APN 637-340-029 Signature: {i]epart f�- Amount $ 6,396.00 Account Number: 401-0000-74010 Project Number: 2017-01 APPROVED FOR PAYMENT (Finance Department Use Only) BY: 4�A�V� BY: ACCOUNT NO. DESCRIPTION SBL22476 As of 9/1/2020 12:12:38 PM Page I Lawyers Title Company MLaersTitle, 825 E. Camegle Drive, Suite 105 San Bernardino CA 82408 Fax: (909)9963-5589 Escrow Officer. CoGeen Graves S131-22476-CG Escrow Officer Email: cgraves&tic.com rk Buyer's / Borrower's Settlement Statement - Estimated Property: Portion 637-340-029 , , CA Closed Date: Est. Closing Date: 9/17/2020 Loan Number: Buyer: City of Palm Desert Escrow Number: SBL22476-CGC Purchase Price Debits Credits Purchase Price $5,256.00 Escrow Fees Escrow Fees to Lawyers Title Co $630.00 Title Charges Owner's Coverage ($5,256) to Lawyers Title Company $396.00 Recording Fees / Transfer Taxes Recording Service Fee to Simplifile $14,00 Additional Services Additional Deposit for Final Calculations at Close $100.00 Balance Due $6,396.00 Totals: $6,396.00 $6,396.00 This is an estimated closing statement and is subject to changes, corrections or additions at the time of final closing. Signed on this day of City of Palm Desert By: Lauri Aylai n, City anager :� *_ OPC Enhancing Lives Through Infrastructure September 1, 2020 Julie Mignogna Management Analyst Public Works Department City of La Quinta VIA E-MAIL DELIVERY Regarding: Request for Funds / Wire Transfer Washington Street at Fred Waring Drive, Triple Left Turn Lanes Project City Project No. 2017-01 / 555-18 Ms. Mignogna, In connection with the right-of-way acquisition for the Washington Street at Fred Waring Drive, Triple Left Turn Lanes Project, please let this letter serve as OPC's formal request for a wire transfer of funds to the escrow listed below. The enclosed 3rd Party Deposit Instruction requires the City of La Quinta's review and signature approval. In addition, we are providing a 'copy of the estimated closing statement and a copy of the executed purchase agreement for reference. Property Owner: Wire Transfer Amount: Documents Enclosed: 1 637-340-029 Lyle -Hall LLC $6,396.00 1-3`d Party Deposit Instruction 1-Wire Instructions 1-Estimated Closing Statement (REFERENCE) 1-Executed Purchase Agreement REFERENCE Upon the City of La Quinta's review and approval, we hereby request a wire transfer made payable to: Lawyers Title Company, Attn: Colleen Graves Reference Escrow No: SBL22476 APN: 637-340-029 Electronic Funds Transfer Request Amount: $6,3%.00 Please notify us when the electronic funds transfer has been processed and submitted to Lawyers Title Company. If you have any questions regarding the request, please contact me at (951) 801-7004. Sincerely, Overland, Pacific & Cutler, LLC. Tim McCloud Right -of -Way Agent TiMcCloud@OPCservices.com cc: Patti Feist, SRWA www.OPCservices.com 12280 Market Street, Suite 200, Riverside, CA 92501 ph 951.683.2353 1 fx 951.683.3901 I P �ye►7 Title Escrow Division ►7 1 itle- 625 E. Carnegie Drive, Suite 105 San Bernardino, CA 92408 Phone: (909) 963-5588 Fax: (866) 696-3389 Escrow Officer: Colleen Graves Escrow Officer's e-mail: cgravesOltic.com THIRD PARTY DEPOSIT INSTRUCTIONS Escrow No.: SBL22476 - LT143 - CGC Property: Portion 637-340-029 , , CA Date: September 1, 2020 Escrow Officer: Colleen Graves TO: Lawyers Title Company I hand you herewith my check, or have wired funds to your trust account, in the amount of !;6.396.00 You are instructed to apply these funds, and any additional funds deposited by me, in the above numbered escrow for the benefit of City of Palm Desert, a party to this escrow. You are authorized to use said funds in completing the escrow under Instructions given to you or to be given to you by said party. I/We hereby waive any present or future interest on said funds, and are giving these funds without collection or consideration of any klnd to us for the use of these funds. I acknowledge and understand that the escrow instructions may call for a release of these funds, prior to the close of escrow, and may contain provisions regarding disbursement of funds in the event this escrow Is terminated. Any such payment of these funds in accordance with the instructions of the parties to this escrow is without liability or recourse upon Lawyers Title Company, for the return of said money. In the event this escrow is terminated, cancelled, or your agency is revoked, any portion of the funds remaining on deposit, NOT subject to disbursement (payment) Instructions of the parties, if any, shall be refunded solely in accordance with the instructions of the parties to this escrow. Important Notice: If these funds are for the benefit of the Buyer and the Buyer is obtaining a new loan in order to complete the transaction, you are authorized to share the details of this deposit, including the bank account information the funds are drawn on, with the Buyers, Buyers lender or any other representative of the Buyer in this transaction. ACCEPTED AND APPROVED THIRD PARTY DEPOSITOR: Dated this gbh day of LrlVi R_r 0 C � " Address:IN95 Coh_To m [ Co. Uut , LkiAe_ CA q9_0 53 Phone Numb : "160 - r X0 Email. IS i'oV'lll4. o(� 14, A Aam. CITY OF LA Qvi�TA nj r- By: KARLA ROMERO, Acting City Manager City of La Quinta, California The principals concur with the above Instructions and acknowledge that these funds are to be used as a portion of the total cash required from the undersigned In this escrow. PRINCIPIALS TO THE ESCROW TRANSAQIQM City of Palm De By: Aylaian, City Manager t4yy qrsTitle, Escrow Number: SBL22476 - LT143 - CGC Property Address: Portion 637-340-029 , CA, Escrow Officer: Colleen Graves For Credit To: City of Palm Desert Escrow Division 625 E. Carnegie Drive, Suite 105 San Bernardino, CA 92408 Phone: (909) 963-5588 Fax: (866) 696-3389 Escrow Officer: Colleen Graves Escrow Officer's e-mail: cgraves@Itic.com Date: August 31, 2020 WIRE TRANSFER INSTRUCTIONS The following information is provided to you, per your request, in order to send a WIRE TRANSFER to Lawyers Title Company Bank Name/Address: BANK ROUTING Number CREDIT TO: Branch / Account Number City National Bank 555 South Flower St. 17th Floor Los Angeles, Ca. 90071 122016066 Lawyers Title Company 555295596 For Further Credit to Escrow No: SBL22476 - 143 Attention: Colleen Graves All information must be EXACT or a delay in your wired funds may occur, which may also delay the closing of your escrow transaction. Funds required for this transaction, in order to be immediately credited to your escrow, must be sent in the form of a wire transfer. Note: Any electronic funds attempted to be sent via Automated Clearing House ("ACH") will be reiected and sent back to the originators account. The process of rejecting an ACH may take anywhere from 5-10 days, which will result in the delay of your closing. Neither Lawyers Title Company, or the bank mentioned above, will assume any liability for delays in your wire due to incorrect information or the return of an ACH transfer. If there are any questions regarding the wire transfer of your funds, please do not hesitate to contact our office our bank named above. SBL22476 As of 9/1/2020 12:12:38 PM Page 1 Lawyers Title Company iPhone:C(909) 963D-5588 t4v�r--s Title,arnegie Suite 105 San Bernardino CA 92408 " Escrow Officer: Colleen Graves SBL22476-CGC Escrow Officer Email: cgraves@ltic com Buyer's / Borrower's Settlement Statement - Estimated Property: Portion 637-340-029 , , CA Closed Date: Est. Closing Date: 9/17/2020 Loan Number: Buyer: City of Palm Desert Escrow Number: SBL22476-CGC Debits Credits Purchase Price Purchase Price $5,256.00 Escrow Fees Escrow Fees to Lawyers Title Co $630.00 Title Charges Owner's Coverage ($5,256) to Lawyers Title Company $396.00 Recording Fees / Transfer Taxes Recording Service Fee to Simplifile $14.00 Additional Services Additional Deposit for Final Calculations at Close $100.00 Balance Due $6,396.00 Totals: $6.396.00 $6.396.00 PARCEL NO. 637-340-029 PROJECT: Washington Street at Fred Waring Drive, Triple Left Turn Lanes CITY PROJECT NO.: 2017-01 / 555-18 TITLE REPORT NO.: 492282 SELLER: Lyle -Hall LLC CITY OF PALM DESERT AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS -EASEMENT TAKE) THIS AGREEMENT is entered into this 1ST day of September , 20 20 , by and between the City of Palm Desert in cooperation with the City of La Quinta (hereinafter called "Buyer"), and Lyle -Hall LLC (hereinafter called "Seller"), for acquisition by Buyer of certain real property as hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell, and Buyer agrees to purchase, a Permanent Roadway Easement interest ("Easement") over a portion of the property owned by Seller, upon the terms and for the consideration set forth in this Agreement and in the Permanent Easement Deed attached hereto as Exhibit "1" and incorporated herein. PURCHASE PRICE. The total purchase price, payable in cash through this transaction, shall be the sum of FIVE THOUSAND TWO HUNDRED FIFTY-SIX DOLLARS AND N01100 (S5,256.00). 3. CONVEYANCE OF TITLE. To Seller's knowledge, the Property is free and clear of all recorded and unrecorded liens and encumbrances that could interfere with Buyer's intended use, and, therefore, to Seller's knowledge, Buyer shall quietly enjoy its rights in and to the Property without disturbance or inference by Seller or anyone claiming by, through or under Seller. Buyer, having reviewed the title report attached hereto as Exhibit "3", accepts the Property, subject only to the Permitted Exceptions; and all monetary encumbrances, title shall be conveyed free of all monetary encumbrances_ Title shall be conveyed to Buyer free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes except for any non -delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. 4. TITLE INSURANCE POLICY. Buyer may request a CLTA Standard Coverage Policy of Title Insurance issued by Lawyer's Title Company showing title to the Property vested in Buyer. Buyer agrees to pay the premium charged for said policy. TRANSACTION. Buyer agrees to handle this transaction within its own office and in accordance with this Agreement. This Agreement constitutes the joint instructions between Buyer and Seller, and Buyer is empowered and will handle these instructions in accordance herewith. Buyer and Seller agree to do all acts necessary to close this transaction in the shortest possible time. Seller has executed and handed a Permanent Roadway Easement to Buyer, concurrently with this Agreement. As soon as possible after all requirements of this transaction have been met, Buyer is authorized to, and shall, record the executed Permanent Roadway Easement, with Certificates of Acceptance attached. Buyer and Seller agree to deposit any additional instruments as may be necessary to complete this transaction. BUYER IS AUTHORI7-ED TO, AND SHALL: A- Deduct and pay, from funds due Seller, any amount necessary to satisfy any delinquent taxes due in any fiscal except the fiscal year in which this transaction closes, together with penalties and interest thereon and/or delinquent assessments or bonds except those which title is to be taken subject to, in accordance with the terms of this transaction. B. Disburse funds and deliver or have delivered recorded deed(s) when Buyer and Seller have fulfilled conditions of this transaction. The term "close of transaction," if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the Office of the County Recorder. Recordation of instruments delivered through this transaction is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the Patties hereto. Any amendment of, or supplement to, any instructions must be in writing. TME IS OF THE ESSENCE. Time is of the essence in these instructions and this transaction is to close as soon as possible. If this transaction is not in condition to close within 30 days from date of these instructions, any party who then shall have filly rnm-nliPri with their inctnirtion s may in writing [iet�nand the re_tLrn of his money or Property; but if none have complied, no demand for return thereof shall be recognized until five (5) days after Buyer shall have mailed copies of such demand to all other patties at their respective addresses shown in these instructions, and if any objections are raised within said five (5) day period, Buyer is authorized to hold all papers or documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing this transaction as soon as possible. 8. RENTAL AND OCCUPANCY. Seller warrants that there is currently no lease or other lawful possessory interest held by any party other than Seller in area included within the Property, or that any persons or entities with any such lawful possessory interest on Seller's property, have consented in writing to the transfer of the Property by Seller to Buyer, without additional compensation therefor from Buyer to such party. Seller shall indemnify Buyer and hold Buyer harmless from and against any claim for any proceeds of the Property being conveyed hereunder by any other patty, including any claim that any such party is entitled to a portion of the proceeds paid by Buyer pursuant to this Agreement. 9. HAZARDOUS SUBSTANCES DISCLOSURE. To Seller's knowledge, and without investigation, Seller warrants and represents to Buyer that there are no hazardous or toxic material or substances located on or beneath the Property. 10. NOTICE OF TAX WITHHOLD1Nfr REQU REMENTS. It is further understood and agreed by Buyer and Seller that closing of this escrow is subject to and contingent upon Seller executing a "Transferor's Affidavit of Non -Foreign Status" and California Form 593-C (Individual Sellers) or 593-W (Real Estate Withholding Exemption Certificate and Waiver Request for Non -Individual Sellers) and depositing a copy of same into escrow. 11. NO COST TO SELLER. Buyer shall bear all costs and expenses in connection with Buyer's and/or its assignees' purchase and use of the Property. 12. MANAGEMENT OF WORK AREAS AND ACTIVITIES. Buyer shall perform its activities on the Property in a safe manner and in accordance with all applicable governmental and other laws, rules and regulations. No "hazardous or toxic wastes, substances or materials," as such terms are or may from time to time be defined by Federal, state, county or municipal laws, ordinances, orders or regulations applicable to the use and enjoyment of the Property (which regulated materials are collectively hereinafter referred to as "Hazardous Materials") shall be placed or used or allowed to be placed or used on the Property by Buyer or any of its employees, agents and contractors. Buyer shall not suffer or permit to be enforced against the Property, or any part thereof, any mechanics', materialmen's, contractors' or subcontractor's liens or any claim for damage arising from the work performed by Buyer or any of its employees, agents or contractors. At the expiration of the temporary construction easement or the expiration or termination of Buyer's temporary rights under this Agreement, Buyer shall restore the Property to the same condition that existed prior to Buyer's operations, and Buyer shall remove all equipment and construction materials. Buyer shall perform or cause its work to be performed in a manner so as not to unreasonably interfere with the remaining property of Seller. 13. I.R.S. FORM "W-9". It is further understood and agreed by Seller that closing of this transaction is subject to and contingent upon Seller executing an Internal Revenue Service Form "W-9" and/or 1099-S form and depositing same with Buyer. 14. EMINENT DOMAIN ACTION. Seller hereby acknowledges that Buyer may file, or has filed, an eminent domain action regarding the Property, naming the owner of the real property, and others as necessary defendants, and may apply for an Order of Prejudgment Possession. Buyer and Seller acknowledge the property is being acquired by Buyer as part of the exercise of its Eminent Domain activities. Upon the close of transaction, Seller hereby consents to the dismissal of any action filed by Buyer for the condemnation of said property and other interests and waives any claim for costs or attorneys' fees or any compensation whatsoever other than the Purchase Price as provided hereunder, as a result of such dismissal. 15. NO WAIVER. No delay or omission by either party hereto in exercising any right or power accruing upon the compliance or failure of performance by the other party hereto under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party hereto of a breach of any of the covenants, conditions or agreements hereof to performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof 16. MERGER OF PRIOR AGREEMENTS AND UNDERSTANDIN S. This Agreement and other documents incorporated herein by reference contain the entire understanding between the Parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein and shall be of no further force or effect. Neither party relies upon any warranty or representation not contained in this Agreement. This Agreement may only be amended by a written instrument, signed by both parties. 17. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid by Buyer to Seller as set forth in Paragraph 2 of this Agreement constitutes, except as otherwise specifically provided herein, the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, and Buyer's construction and use of the Project as proposed. Except as otherwise provided herein, Seller waives any claim which it has or may have for any payment or compensation for any damage to persons or property arising out of Buyer's acquisition of the Property, all investigations and pre -condemnation activity undertaken pursuant thereto, and the construction and use of the Project in the manner proposed. This waiver includes, but is not limited to claims for just compensation for the property interest acquired, claims for severance or other damage, unreasonable delay or pre -condemnation conduct, impairment of access abutters rights, loss of business goodwill, any continuing rights under Code of Civil Procedure section 1245.245, and relocation benefits to which Seller may be entitled, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property. This waiver is intended by the parties to be a full and complete waiver, notwithstanding any later -discovered information and Seller waives any rights to any protections under Civil Code section 1542, which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASE PARTY. This waiver is intended to be a full and final release of any and all such claims to which it pertains, and Seller warrants to the Buyer that it has had the opportunity to consult with legal counsel regarding the provisions of California Civil Code Section 1542, and the consequences and implications of waiving operation of this statute, and knowingly and voluntarily waives it. Seller's Initials: W_ 18. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 19. A UTHORITY . This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Buyer and Seller_ The Parties upon whose benefit the signature appears below warrant, each to the other, that the person whose signature appears below has the legal authority to bind the party on whose behalf the signature appears to the terms of this Agreement, and that by doing so such Party is not in breach of any other contract or agreement. 20_ SEVERABILITY. The provisions of this Agreement are severable, and if any portion is held invalid or otherwise unenforceable, the Patties intend that all other provisions shall remain in full force and effect. 21 _ AMRNEYS' FEES. In the event of any controversy, claim or dispute relating to this instrument or any breach thereof, the prevailing patty shall be entitled to recover its attorney(s) fees, costs, and expenses, whether or not the matter is prosecuted to final judgment. Attorneys) fees shall include all costs, expert witness fees, and all other reasonable expenses. 22. EARLY POSSESSION .AND USE OF EASEMENT AREAS: In the event that this transaction is not in a condition to close at such time that Buyer requires use of the property for its street improvement project, permission is hereby granted Buyer to enter upon the portion of Seller's land described in Exhibit 2 attached hereto for the purpose of constructing or improving the public streets and adjoining areas and accomplishing all necessary incidents thereto. It is understood that this permission is not a waiver in any way of the right of compensation for such land or of any remedy authorized by law to secure payment therefor. As is demonstrated in this Agreement, it is the intent of the Buyer to pay just compensation to the Seller for permission to enter the subject property and to construct the project. This permission is granted in consideration of the location, improvement and construction of such street improvements and incidents thereto, which it is understood is required by the Buyer, with the understanding that you will hereafter without unnecessary delay, complete the terms of this Agreement. In the event that Seller cannot complete its obligation under this Agreement, and cannot convey the easements that are the subject of same, Buyer agrees to commence eminent domain proceedings, including a deposit of funds to support an Order for Possession, to have said conveyance completed through eminent domain proceedings. Section 1245.235 of the Code of Civil Procedure requires the Buyer to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the California Transportation Commission and be heard on the matters referred to in Section 1240,030 of the Code of Civil Procedure, which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (1) The public interest and necessity require the project. (2) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (3) The property sought to be acquired is necessary for the project. (4) The offer required by Section 7267.2 of the Government Code has been made to the owner or others of record. (If an offer has not been made, an appraisal will be prepared as soon as practicable and an offer made of the full amount of such appraisal.) By granting this in -evocable right to possession and use of the parcels to Buyer, Seller agrees to the following: (1) Seller specifically waives the notice required by Code of Civil Procedure Section 1245.235 of the hearing of the matter referred to in Code of Civil Procedure Section 1240.030 and the adoption of the resolution of necessity by the Buyer authorizing the taking of the property described in Exhibit 2 ; (2) Seller shall not object to the filing of an eminent domain proceeding to acquire the property described in Exhibit 2; and (3) in any eminent domain action filed by City to acquire the property described in Exhibits 2, Seller shall not challenge City's right to take such property, and the only issue shall be the amount of just compensation for the property_ It is understood that the City will pay interest from the date possession is taken on the just compensation paid by the Buyer. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and including the date of deposit of compensation. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS) In Witness Whereof, the Parties vested have executed this Agreement the day and year set forth below. SELLER: LYL ALL L By: Name:�'� Its:p Date: ��� �20 �D By: _ Name: Its: Date: BUYER: CITY OF PALM DESERT B. Lauri Aylaian, City Manager Date: APPROVED AS TO FORM: A orney for C a Desert Date: 47 - 3 "19-09-0 Exhibit "I" Permanent Roadway Easement Deed (Attached) RECORDING REQUESTED BY AND VVHEN RECORDED MAIL TO: City Clerk City of Palm Desert 73 -5 10 Fred Waring Drive Palm Desert, CA 92260 APN: Portion of 637-340-029 EXHIBIT ONLY (Space above this line for Recorder's Use) FREE RECORDING: THIS IS TO CERTIFY THAT THIS DOCUMENT 1S PRESENTED FOR RECORDATION BY THE CITY OF CITY OF INDIAN WELLS UNDER GOVERNMENT CODE SECTION 27383 AND IS ALSO EXEMPT FROM PAYMENT OF DOCUMENTARY TRANSFER TAX (GavL Code 6103 and Rev. & Tax Code 11922) EASEMENT DEED (Permanent Roadway Easement) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Lyle -Hall LLC does hereby GRANT to the CITY OF PALM DESERT ("City"), a municipal corporation, an easement for Streets. The Easement includes the City's rights to maintain, repair, replace and improve the right of way and all improvements within the Easement and all incidental purposes thereto. The City may also grant easements or licenses to others for utilities in the easement area as the City deems necessary. The Easement is over the real property in the City of Palm Desert, County of Riverside, State of California, described as fellows: Lyle -Hall LLC By: Name: Its: Date: SEE EXHIBITS "A" and `B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. By: Name: Its: Date. Exhibit "2" Legal Description and Plat Map (Attached) EXHIBIT "A" LEGAL DESCRIPTION DEDICATION OF EASEMENT (APN 637-340-029) SHEET 1 OF 1 THAT CERTAIN PARCEL OF LAND IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, BEING A PORTION OF LOT "G' OF TRACT NO. 19748-1 FILED IN BOOK 142, PAGES 49 THROUGH 54 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF INSTRUMENT NO.1999-482035. RECORDED NOVEMBER 2, 1999. OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING ON THE NORTHERLY RIGHT-OF-WAY OF FRED WARING DRIVE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89'56'44" WEST, 7.18 FEETTO THE THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY, SOUTH 89°56-44" WEST, 26.60 FEET; THENCE NORTH 00'03'16" WEST, 5.17 FEET TO A LINE THAT IS PARALLEL WITH AND 5.17 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY RIGHT-OF-WAY; THENCE ALONG SAID PARALLEL LINE NORTH 89'56'44" EAST, 6.67 FEET; THENCE SOUTH 00*03'16" EAST, 2.00 FEET TO A LINE THAT IS PARALLEL WITH AND 3.17 FEET NORTHERLY, MEA11+1 Rrr% AT RIGHT ANGLES FROM, SAID 1.`OR, 11 IE41 V RIGHT OF A'AY. V l'1JVI LV P11 RIGHT , 11 A LV, FROM, 1 1 J I 1 Vf�11 I I LI VI11 , THENCE ALONG SAID PARALLEL LINE NORTH 89"56'44' EAST, 6.00 FEET; THENCE NORTH 00*03'16' WEST, 3.50 FEET TO A LINE THAT IS PARALLEL WITH AND 6.67 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM SAID NORTHERLY RIGHT-OF-WAY; THENCE ALONG SAID PARALLEL LINE NORTH 89'56'44' EAST, 13.93 FEET; THENCE SOUTH 00.03'16" EAST, 6.67 FEET TO THE TRUE POINT OF BEGINNING; THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 146 SQUARE FEET (0.003 ACRES), MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYOR'S ACT. 11 KEITH M. KLAGG , P.L.S. 9 DATE THIS DOCUMENT IS PRELIM LESS SIGNED M- k I KDM MERIDIAN, INC. - 22541 ASPAN ST., STE. C - LAKE FOREST, CA. 92630 - PH. (949)768-0731 1 Q' 20' 40' EXHIBIT "B" SHEET 1 OF 1 SCALE: 1 "-40' PLAT TO ACCOMPANY LEGAL DESCRIPTION DEDICATION OF EASEMENT (APN 637-340-029) WASHINGTON STREET WESTERLY LINE OF WASHINGTON STREET PER INST. NO. 1999-482035, RECORDED 11/02/99 6.67' DETAIL NO SCALE �Z LEGEND LOT 46 TRACT NO. 19748-1 M.B. 142/49-54 (APN 637-340-029) LINE TABLE BEARING DISTANCE LI S89'56'44'W 7.18' L2 S89'56'44'W 26.60' L3 N00'03'16'W 5.17' 1-4 N89-56-44-E 6_fi7' L5 SOO'03'16"E 2.00' L6 N89'56'44"E 6.00' L7 N00'03'16'W 3.50' 1-8 N89'56'44"E 13.93' L9 SOO'03'16"E 6.67' L10 S45'02'56'W 36.37' (S45'06'15"W 36.37') 0 F- 0 J P.O.C. I i W J }�T.P.O.B. �5 I DETAIL Z W I� u I BOUNDARY OF DESCRIPTION ® AREA OF DESCRIPTION -146 S.F. (0.003 ACRES)t P.Q.C. POINT OF COMMENCEMENT T,P.O.B. TRUE POINT OF BEGINNING INST. INSTRUMENT NO. NUMBER M.B. MAP BOOK LAND APN ASSESSORS PARCEL NUMBER CENTERLINE ����� ( ) RECORD DATA PER INST. NO. 1999-482035 c Y NO. 9534 03rAr2M 9r p KEiTH M. 1tLAGGE, P.L-S. 9534 ( j DATE QF CA, THIS DOCUMENT IS PRELiMINA L SIGNED KDM MERIDIAN, INC. - 22541 ASPAN ST., STE. C - LAKE FOREST, CA. 92630 - PH. (949)76&0731 Exhibit " 3" Preliminary Title Report Kathy Crawford Stewart Tdle of California, Inc. ste. A. y` Td1e Officer 11870 Plerce St Ste 100 V art trt Ei Wverskle, CA 92505 Fax: (951) Real partners. Real possibilities.' Phone: 00 346-33953395 k=wfor@siewart.com PRELIMINARY REPORT Order No.: 492282 Your File No.: Buyer/Borrower Name: Seller Name: Lyle Hall, LLC Property Address: APN 637-340-029, 78000 Fred Waring Drive, Palm Desert, CA 92211 In response to the above referenced application for a Policy of Title insurance, Stewart Title of California, Inc, hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company 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 referenced to as an Exception on 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 and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause, When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting We to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of We 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. ;Dated as of July 18, 2019 at 8:OOAM When replying, please contact: Kathy Crawford, Title Officer Stewart Title of California, Inc. 11870 Pierce St, Ste 100 Riverside, CA 92505 (951) 276-2700 kcrawfor@stewarLcom Order No.: 492282 Preliminary Report Page 1 of 9 PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report Is: ® CLTA Standard Coverage Policy ❑ CLTA/ALTA Homeowners Policy ❑ 2006 ALTA Owner's Policy ® 2006 ALTA Loan Policy ❑ ALTA Short Form Residential Loan Policy SCHEDULE A 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 Title to said estate or interest at the date hereof Is vested In: Lyle-Hall_LLC Order No.: 492282 Preliminary Report Page 2 of 9 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Parcel 1: Lot 46 of Tract No. 19748-1, as per map recorded in Book 142 Pa e s 49 through 54 of Maps, Records of Riverside County, California. Parcel 2: An easement for ingress and egress as described in that Agreement recorded September 16, 1992 as Instrument No. 347196 of Official Records, over the following described property: That portion of Lot 45 of Tract 19748-1, as per map recorded in Book 142, Page(sl 49 through 54, of Maps, Records of Riverside County, California, more particularly described as follows: Beginning at the Southeast comer of said Lot 45, Thence North 89°4T34" West, a distance of 23,69 feet to the True Point of Beginning. Thence North 89047'34" West, a distance of 30.00 feet; Thence North 00°12'26" East, a distance of 49.00 feet; Thence South 89047'34" East, a distance of 63.69 feet; Thence South 00°12'26" West, a distance of 30.00 feet; Thence North 8904T34" West, a distance of 28.69 feet to the beginning of a tangent curve concave southeasterly, with a radius of 5.00 feet; Thence southerly along said curve through an angle of 90000'00" and an arc length of 7.85 feet; Thence South 00012'26" West, a distance of 14.00 feet, to the True Point of Beginning. APN: 637-340-029 (End of Legal Description) MAP THE MAP CONNECTED HEREWITH IS BEING PROVIDED AS A COURTESY AND FOR INFORMATIONAL PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. STEWART ASSUMES NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO THE MAPS NOR ANY MATTERS CONCERNING THE CONTENTS OF OR ACCURACY OF THE MAP. Order No.: 4TM2 Preliminary Report Page 3 of 9 SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained In said policy or policies would be as follows: Taxes: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2019 - 2020. B. Confirmation of the tax figures must be made prior to close of escrow. Please contact the County Tax Collector prior to dosing. C. 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. Taxes and/or assessments affecting the land, if any, for Community Facility Districts including Mello Roos Districts which may exist by virtue of assessment maps or notices filed by said districts. Said taxes and/or assessments are typically collected with the County taxes; however, some districts may remove these taxes and/or assessment from the County taxes and assess and collect them separately. Exceptions: Water rights, claims or titre to water in or under said land, whether or not shown by the public records. 2. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 3. Title to, and easements in, any portion of the land lying within any highways, roads, streets, or other ways. 4. Matters contained in an instrument which among other things contains provisions relating to common areas, assessments, and liens, and restrictions relating to partition, and association membership, covenants, conditions and restrictions and a provision that any violation thereof shall not defeat or render invalid the lien of a mortgage or deed of trust made in good faith and for value, but omitting, except to the extent permitted by any applicable federal or state law, covenants or restrictions, if any, based on race, color, religion, sex, familial status, national origin, handicap, sexual orientation, marital status, ancestry, source of income, disability, medical condition, or other unlawful basis.Recorded : July 27, 1984 as Instrument No. 163806 of Official Records Said Covenants, Conditions and Restrictions have been modified by an instrument, recorded September 25, 1984 as Instrument No. 207985, October 18, 1984 as Instrument No. 226006 and December 21, 2006 as Instrument No. 576672, and January 12, 2017 as Instrument No. 17-14979, all of Official Records, Order No.: 492282 Preliminary Report Page 4 or 9 5. An easement for public utilities, and rights incidental thereto in favor of Southern California Edison Company, as set forth in a document recorded October 18, 1984 as Instrument No. 225317 of Official Records, affects 6 foot wide strips as described in said document. 6. An easement for public utilities, and rights incidental thereto In favor of General Telephone Company of California, as set forth in a document recorded November 6, 1984 as Instrument No. 239962 of Official Records, affects a non-exclusive easement, (exclusive of building sites) and various 6 foot wide strips as described in said document. 7. The fact that the ownership of said land does not include rights of access to or from the public street or highway abutting said land, such rights having been relinquished or severed by (the map of said Tract 19748-11, in Book 142 pages 49-53 which affects Fred Waring Drive and Washington Street. The effect of that certain Resolution No. 86-173 Summarily Vacating Access Rights on a Portion of Fred Waring Drive, recorded July 2, 1986 as Instrument No. 154514 of Official Records, and by Resolution recorded October 11, 1991 as Instrument No. 354139 of Official Records. Said document recites in part restricted abutter's right of access to Fred Waring Drive; and whereas, an access opening for Lot 46 on said Map was not provided; said restricted abutter's right of access are in the County of Riverside, State of California, and are now described as set forth therein. 8. An easement for underground pipeline and necessary devices and appurtenances, and rights incidental thereto in favor of Coachella Valley Water District, as set forth In a document recorded January 9, 1992 as Instrument No. 8031 of Official Records, affects a 15 foot wide strip of land as described in said document.. 9. The matters contained in an instrument entitled " Domestic Water and/or Sanitation System Installation Agreement" dated October 25, 1991, by and between Coachella Valley Water District, a public agency of the State of California, and First Interstate Bank of California, upon the terms therein provided recorded January 31, 1992 as Instrument No. 34408 of Official Records. 10. An easement for public utilties, and rights incidental thereto in favor of Southern California Edison Company, as set forth in a document recorded April 22, 1992 as Instrument No. 143882 of Official Records, affects a strip of land 8 feet in width as described in said document. 11. The matters contained In an instrument entitled " Easement Agreement" dated September 15, 1992, by and between Resolution Trust Corporation, acting soley in its capacity as Receiver for Gibraltar Savings, F.A., and 300 West 23rd Street Co., a New ork Partnership, upon the terms therein provided recorded September 16, 1992 as Instrument No. 347196 of Official Records. 12. The matters contained in an instrument entitled " Maintenance Agreement " dated December 11, 1992, by and between Las Brisas Master Association and Desert Breezes Master Association, a California non-profit corporation, 300 West 23rd Street Co., a New York Partnership, and First Interstate Bank of California, a California Banking Corporation, upon the terms therein provided recorded December 16, 1992 as Instrument No. 478507 of Official Records. 13. The fact that said land is included within a project area of the Redevelopment Plan for Project Area No_ 4 of the Palm Desert Redevelopment Agency, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document recorded July 19, 1993 as Instrument No.276177 of Official Records. 14. Terms and provisions of a lease executed by Lyle -Hall, LLC. as lessor, and Hospitality Dental Group, as lessee as disclosed by an instrument recorded March 7, 2003 as Instrument No. 03- Order No., 492282 Preliminary Report Page 5 of 9 164638 of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. 15. Deed of Trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby: Amount $3,750,000.00 Trustor Lyle -Hall, LLC Trustee Valley Independent Bank Beneficiary Valley Independent Bank Recorded December 21, 2004 as Instrument No. 04-1008603 of Official Records An agreement to modify the above Deed of Trust was recorded February 6, 2015 as Instrument No. 15-52120 of Official Records. 16. An assignment of rents and leases, executed by Lyle -Hall, LLC, to Valley Independent Bank, recorded December 21, 2004 as Instrument No. 04-1008604 of Official Records. 17. Terms and provisions of a lease executed by I.M. Feldkamp, III, D.D.S. D.B.A. Hospitality Dental Associates, as lessee, and Lyle -Hall, LLC, as lessor, as disclosed by an instrument recorded February 6, 2015 as Instrument No.15-52121 of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Said lease was subordinated to the Deed of Trust referred to in exception no. 15 by an instrument recorded February 6, 2015 as Instrument No. 15-52121 of Official Records. 18. Terms and provisions of a lease executed by Lyle -Hall, LLC, as lessor, and Security Bank of California, as lessee as disclosed by an instrument recorded February 6, 2015 as Instrument No. 15-52122 of Official Records. The present ownership of the leasehold created by said lease and other matters affecting the interest of the lessee are not shown herein. Said lease was subordinated to the Deed of Trust referred to in exception no. 15 by an instrument recorded February 6, 2015 as Instrument No.15-52122 of Official Records. 19. Rights of parties In possession. 20. This Company will require that a full copy of any unrecorded leases together with all supplements and amendments or a certified rent roll be furnished to the Company, before issuing any policy of title Insurance. Addlbonal exceptions may be added to this report following the review of these requested materials. 21. The requirement that the Company be presented with a letter from the Association stating that all liens/dues are current. 22. This Company will require the following documents In order to insure a conveyance or encumbrance by the limited liability company named below: Limited liability company: Lyle -Hall LLC a. A certified copy of the articles of organization (LLC-1), and any amendment (LLC-2) or restatement (LLC-10) to be recorded in the appropriate county. b. A copy of the operating agreement and any amendment. Order No.: 492282 Preliminary Report Page 6 of 9 c. Evidence that the limited liability company remains in good standing with active status. d. Other requirements that the Company may set forth following its review of said documents. 23. Matters which may be disclosed by an inspection or by a survey of said land satisfactory to this Company or by inquiry of the parties in possession thereof. (End of Exceptions) Order No.: 492282 Preliminary Report Page 7 of 9 NOTES AND REQUIREMENTS A. The following pricing will apply to the contemplated transaction: Basic Rate B. There are no conveyances affecting said land, recorded with the County Recorder within 24 months of the date of this report. C. 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. D. The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement 100 and 116, indicating that there is located on said land a commercial property known as 78000 Fred Waring Drive, Palm Desert, California, to an extended coverage policy. E. Property taxes for the fiscal year - 2018 - 2019 shown below are paid. For proration purposes the amounts are: 1st Installment: $25,608.15 2nd Installment: $25,608.15 Parcel No.: 637-340-029-2 Code Area: 018274 Order No.: 492282 Preliminary Report Page 8 of 9 CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title of California, Inc. via wire transfer may be disbursed upon receipt. Funds received via cashier's checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub -escrow funds received will be deposited with other escrow funds in one or more non -interest bearing escrow accounts in a financial institution selected by Stewart Title of California, Inc.. Stewart Title of California, Inc. may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title of California, Inc. shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title of California, Inc.. Such benefits shall be deemed additional compensation to Stewart Title of California, Inc. for its services in connection with the escrow or sub -escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. Order No.: 492282 Preliminary Report Page 9 of 9 EXHIBIT "A" LEGAL DESCRIPTION Order No.: 492282 Escrow No.: 492282 The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Parcel 1: Lot 46 of Tract No. 19748-1, as per map recorded in Book 142, Pages] 49 through 54 of Maps, Records of Riverside County, California. Parcel 2: An easement for ingress and egress as described in that Agreement recorded September 16, 1992 as Instrument No. 347196 of Official Records, over the following described property: That portion of Lot 45 of Tract 19748-1, as per map recorded in Bock 142, Pagefs) 49 through 54, of Maps, Records of Riverside County, California, more particularly described as follows: Beginning at the Southeast comer of said Lot 45, Thence North 89°47'34" West, a distance of 23.69 feet to the True Point of Beginning. Thence North 8904734" West, a distance of 30.00 feet; Thence North 00012'26" East, a distance of 49.00 feet; Thence South 89"47'34" East, a distance of 63.69 feet; Thence South 00°12'26" West, a distance of 30.00 feet; Thence North 89°47'34" West, a distance of 28.69 feet to the beginning of a tangent curve concave southeasterly, with a radius of 5.00 feet; Thence southerly along said curve through an angle of 90000'00" and an arc length of 7.85 feet; Thence South 00"12'26" West, a distance of 14.00 feet, to the True Point of Beginning. APN: 637-340-029 (End of Legal Description) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date: July 30, 2019 File No.: 492282 Property: APN 637-340-029, 78000 Fred Waring Drive, Palm Desert, CA 92211 From: Stewart Title of California, Inc. This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") has a business relationship with Stewart Solutions, LLC, DBA - Stewart Specialty Insurance Services, LLC ("Stewart Insurance"). Stewart Information Services Corporation owns 100% of Stewart Insurance and . Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00 to $6,500.00 Home Warran $255.00 to $ 780.00 Natural Hazard Disclosure Report $ 42.50 to $ 149.50 File No.: 492282 page 1 of 1 CLTA Preliminary Report Form Exhibit A (Revised 06-03-11) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY —1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (4) the character, dimensions or kxadon of any improvement now or hereafter erected on the land; (Ili) 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, Ilan, 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 notes of the exercise thereof or notice of a defect, Ilan or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (c) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy. or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the Insured mortgage or for the estate or Interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply with the applicable doing business laws of the state in which the land Is situated. 5. invalidity or unenforceability of the lien of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the tansactlon vesting In the insured the estate of interest insured by this policy or the transaction creating the Interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attomeys' 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 pubic records, 2. Any facts, rights, interests, or clalms 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. 6. Any lien or right to a lien for services, labor or material not shown by the public records (Rev. 06-03-11) Page 1 of 4 File No.: 492282 CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03.10) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptlons In Schedule B, You are not insured against loss, costs, attomeys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d, improvements on the Land; e. land division; f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27, 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded In the Public Records at the Policy Date; c. that result In no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described In Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and b, in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7. The transfer of the Tdle to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owners Coverage Statement as follows: ' For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Covered Risk 16: 1 % of Policy Amount or $2,500.00 (whichever Is less) Covered Risk 18: 1 %6 of Policy Amount or $5,000.00 (whichever is less) Covered Risk 19: 1 %6 of Policy Amount or $5,000.00 (whichever Is less) Covered Risk 21: 1 % of Policy Amount or $2,500.00 (whichever is less) (Rev. 06-03-11) He No.: 492282 Our Maximum Dollar Limit of Liability $10.000.00 $25,000.00 $25,000.00 $5,000.00 Page 2 of 4 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting. regulating, prohibiting, or relating to i) the occupancy, use, or enjoyment of the Land; ii) the character, dimensions, or location of any improvement erected on the land; ill) the subdivision of land; or iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an insured under this policy; (c) resulting In no loss or damage to the Insured Claimant (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability In whole or in part of the Hen of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in4anding law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien an the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy forth may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 3 of 4 File No.: 492282 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement erected on the Land; lil. the subdivision of land; or Iv, environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rlghts of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (a) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any Ilan on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason Of. 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests or claims 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) unpatented mining claims; (b) reservations or exceptions In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any Ilan or right to a lien for services, labor or material not shown by the public records. (Rev. 06-03-11) Page 4 of 4 File No.: 492282 File No.: 492282 AVAILABLE DISCOUNTS DISCLOSURE STATEMENT This is to give you notice that Stewart Title of California, Inc. ("Stewart Title") is pleased to inform you that upon proper qualification, there are premium discounts available upon the purchase of title insurance covering improved property with a one to four family residential dwelling. Such discounts apply to and include: Property located within an area proclaimed a state or federal disaster area; Property purchased from a foreclosing beneficiary or successful bidder at a foreclosure sale; Property being refinanced. Please talk with your escrow or title officer to determine your qualification for any of these discounts. File No.: 492282 IF YOU'RE PAYING FOR THE TITLE INSURANCE POLICY PREMIUM TO BE DISCOUNTED, PLEASE COMPLETE AND SUBMIT THIS FORM TO DETERMINE ELIGIBILITY FOR ONE OF THE STATED DISCOUNTS STGC TITLE PREMIUM DISCOUNT APPLICATION AND CONFIRMATION OF ELIGIBILITY Order Number. 492282 Property: APN 637-340-029, 78000 Fred Waring Drive, Palm Desert, CA 92211 APN: 637-340-029 In connection with the request of the Undersigned ("Applicant") for the preparation and issuance of title insurance, Applicant provides this completed STGC Title Premium Discount Application and Confirmation of Eligibility ("Request Form") for the benefit of, and reliance by, title insurer Stewart Title Guaranty Company, and Its policy issuing agent Stewart Title of California, Inc. (collectively hereafter referred to as "Stewart Title") in connection with pricing the title insurance premium for the owner -occupied, 1-4 family residence in the above referenced transaction: 1. Applicant understands that Stewart Title has available for qualifying requesters a 10% discount on the title insurance premium charged under certain circumstances; however, all endorsement fees and other charges are not discounted. 2. Applicant understands that Stewart Title is only able to provide such discount if requested through providing this completed Request Form and is received by Stewart Title at least five (5) business days prior to recording of the transaction to which a discount is requested. 3. Applicant understands that Stewart Title prohibits combined discounts; accordingly, Stewart Title will provide this requested discount and disregard other applicable discounts, if any, when eligibility requirements for such discount are satisfied. For refinance transactions, a qualifying discount is available for Stewart's Refinance Rate and its Stewart Absolute Rate. 4. Applicant requests the following discount and affirms that Applicant meets the criteria and requirements set forth to qualify for such selected discount (SELECT ONLY ONE QUALIFYING DISCOUNT): Active duty military personnel and honorably discharged veterans discount —To qualify for the active duty military personnel and honorably discharged veterans discount: (1) the property being purchased or refinanced must be a fee simple interest in an owner -occupied 1-4 family residence; and (2) at least one individual paying for the title insurance premium being discounted is a U.S. citizen, permanent resident or qualified alien and is either engaged in full- time, active duty in the military on the date signed below or is a honorably discharged veteran. Fj Senior citizen discount — To qualify for a senior citizen discount: (1) the property being purchased or refinanced must be a fee simple interest In an owner -occupied 1-4 family residence; and (2) at least one individual paying for the title insurance premium being discounted is a U.S, citizen, permanent resident or qualified alien and is 55 years of age or older on the date signed below. First-time hornebuyer discount — To qualify for a first-time homebuyer discount: (1) the property being purchased must be a fee simple interest in an owner -occupied 1-4 family residence; and (2) at least one individual paying for the owner's title insurance premium is a U.S. citizen, permanent resident or qualified alien and has either never owned any property or, has not been an owner in a primary residence for the last three calendar years from the date signed below. File No.: 492282 Page 1 of 2 4/2019 This Request Form is completed under penalty of perjury and is made for the purpose of inducing Stewart Title to provide the We premium discount, and the representations contained herein are material to such insurance coverage pricing. The undersigned hereby indemnifies and holds Stewart Title harmless from any loss or damage, liability, costs, expenses and attomeys' fees which it may sustain to the extent any representation contained herein is incorrect. The undersigned understands that Stewart Title may decide not to provide the requested title insurance despite the information and affirmations contained herein. PLEASE READ AND COMPLETE THE STGC TITLE PREMIUM DISCOUNT REQUEST FORM ON THE PREVIOUS PAGE BEFORE SIGNING BELOW. IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD CONTACT YOUR LOCAL STEWART TITLE PROFESSIONAL. THE UNDERSIGNED DECLARES UNDER PENALTY OF PERJURY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT. Date: .2019 File No.: 492282 Page 2 of 2 412019 OWNER'S AFFIDAVIT AND INDEMNITY Order No.: 492282 Address/Location: APN 637-340-029, 78000 Fred Waring Drive, Palm Desert, CA 92211 APN: 637-340-029 In connection with the request of the Undersigned ('Affiant") for the preparation and issuance of insurance, Affiant makes the following statements and representations for the benefit of, and reliance by, titre insurer STEWART TITLE GUARANTY COMPANY, and its policy issuing agent STEWART TITLE OF CALIFORNIA, INC. (collectively hereafter referred to as "STEWART TITLE"): 1. Affiant owns and holds title to property described in Schedule A of the Preliminary Report or Commitment issued in connection with the above referenced Order Number (the "Property"). 2. The Affiant's possession of the Property has been peaceful and undisturbed, and title thereto has never been disputed, questioned or rejected, nor has the issuance of title insurance ever been refused, except as follows: (If none, please state "none") 3. Other than the Affiant, there are no parties entitled to possession of the Property other than the following. (If none, please state "none") 4. There are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the Property, or any parties currently in possession, of the Property, except the following: (if none, please state "none") 5. All assessments by a management, common area, building maintenance or homeowner association, if any, are paid current or are not yet due and payable. 6. There are no pending contemplated repairs/improvements to the Property, except the following: (If none, please state "none) 7. No building materials, repairs, or improvements have been provided, furnished or delivered within the last 12 months, except the following: (If none, please state "none") 8_ Affiant is not aware of the existence of any of the following: a. Improvements encroaching into any easements or over any boundary lines of the Property. b. Adjoining property improvements encroaching onto the Property. c. Liens against the Property and/or judgments or tax liens against Affiant or any other property owner currently in title, except those described in the Preliminary Report or Commitment issued in connection with the above referenced Order Number. d. Outstanding claims or persons entitled to claims for mechanics' or materialman liens against the Property. e. Pending repairs/improvements to the adjacent street(s). f. Any pending litigation involving the Property, the Af lant or any other property owner currently in title. g. Recent improvements completed or being made to any common area(s) located within the subdivision in which the Property is located. h. Violations of any recorded covenants, conditions and/or restrictions imposed on the Property. i. Any pending assessments for Community Facility Districts. j. Any new, pending or existing obligation or loan including any home improvements on the Property pursuant to the PACE or HERO program, or any other similar type program. Order No.: 492282 Page 1 of 3 Owners Affidavit and Indemnity CA Rev. 04-2019 k. Any use of the property for the production, sale, warehousing or transporting of fresh fruits, vegetables, livestock or poultry (e.g. supermarkets, restaurants, wineries, breweries and meat packing plants). With regard to 8a.-8k, except as follows: 9. No proceedings in bankruptcy or receivership have been instituted by or against the Affiant or any other property owner currently in title. 10. There are no unpaid utility type bills including but not limited to bills for water, sewer, hazardous waste, recycling, storm drain and/or rubbish and there are no liens related to such utilities from or on the Property, with the exception of the following: (If none, please state "none") 11. There are no financial obligations secured by trust deeds, mortgages, financing statements, vendor's liens, security agreements or otherwise, against the Property, except as set forth in the Preliminary Report, proforma and/or Commitment, and as set forth below: (If none, please state "none") Creditor Approximate Balance 12. There has been no harvesting or production of any oil, gas, geothermal materials or other minerals from or on the Property and there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Property, or other parties currently in possession, of the mineral rights of the Property, except the following: (If none, please state "none") 13. Other than the Affiant, there are no other parties currently in possession of the Property, including but not limited to, any possessory interest associated with the harvesting of any oil, gas, geothermal materials or other minerals, except the following: (if none, please state "none") This is a sworn affidavit and is made for the purpose of inducing STEWART TITLE to provide certain Insurance coverage to a purchaser and/or lender, and the representations contained herein are material to such insurance coverage. The undersigned hereby indemnifies and holds STEWART TITLE harmless from any loss or damage, liability, costs, expenses and attorneys' fees which it may sustain under its policies of title insurance or commitments to the extent any representation contained herein is incorrect. The undersigned understands that STEWART TITLE may decide not to provide the requested title insurance despite the information and affirmations contained herein. PLEASE READ, COMPLETE AND RESPOND TO ALL STATEMENTS CONTAINED IN THIS AFFIDAVIT BEFORE SIGNING IN THE PRESENCE OF A NOTARY PUBLIC. THE NOTARY PUBLIC WILL EXECUTE THE ACKNOWLEDGMENT ON THE FOLLOWING PAGE. HOWEVER, IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD SEEK THE ASSISTANCE OF YOUR INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR BEFORE SIGNING. Lyle Hall, LLC Order No.: 492282 Page 2 of 3 Owners Affidavit and Indemnity CA Rev. 04-2019 notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate Is I tacked and not the trudOulness, accuracy, or validity of that document. State of California County of ) ) ss. Subscribed and sworn to (or affirmed) before me on this day of 20 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Signature Order No.: 4=82 Page 3 of 3 Owners Affidavit and Indemnity CA Rev. 04-2019 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Tide U of the Gramm -Leach -Bliley Act (GLBA). The types of personal Information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account This may Include running the business and managing customer accounts, such as processing transactions, Yes No mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No .you. .For Joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership orcontrol. They can be financial and ron-financial Yos No companies. Our affiliates may Include companies with a Stewart name; financial companies, such as Stewart Title Company For our affillates' everyday business purposes— information about No We don't share your creditworthiness. For our affiliates to market to you — For your convenience, Stewart Yes Yes, send your first and last name, the email has developed a means for you to opt out from its affiliates marketing address used In your transaction, your Stewart file even though such mechanism is not legally required, number and the Stewart office location that Is handling your transaction by email to optout@stewartcom or fax to 1-800-335-9591. For non-aff lbries to market to you. Non-atiillates are companies not No We don't share related by common ownership or control. They can be financial and anon -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party Insurance company, we will disclose your personal information to that non-athilate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? ,How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we use personal information? security measures that comply with federal law. These measures include computer. file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? request insurance -related services provide such Information to us We also collect your personal information from others, such as the real estate agent or lender Involved in your transaction, credit reporting agencies, affiliates or other companies. 'What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) In certain instances, we do not share your personal information In those Instances. Contact us. ff you have any questions about this privacy notice, please contact us at Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste.100, Privacy Officer, Houston, Texas 77056 Fite No_: 492282 Revised 11-19-2013 v w.....--. r.v•Mvu -Y LiQw t IGG LLt.r v1O It .7 pi UPI lDldl r III Iat M L J Z T— �t CV LC) t` 00 CN • CV - N 000000 W _ � FA O H J 1I �p CMs9t ` Z .�i IX 0 co C � • cm I I • x Z ~ N N N N 06 era o N m Z N _Q Pl V CD N N N 7 m a p o► a� o� v► o+ Cmo► M � a O.O.O 1 T1, 175.78 ---�....... ..,.. r.....,........1 v..w �cra7 ��v ww IL r1VNIIQIa1Y Il llama T" I to m ! 10 --� 40 c T .�...�._.......w r. v.. w— v' vvw I I V V L .ICJ I.O V14api lGlQl r III IQI,' 00 ,LL' a J tL c . •