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0012-059 (CONR) Preliminary Reportits I Fidelity National Title Company UPDATE 1 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from'coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. � 1115"e 4, Countersigned Fidelity National Title Company BY SEAL ' ATTEST Pre6I0eot . Seaetery IIIIIII VIII III VIII IIII 38 IE its I Fidelity National Title Company UPDATE 1 PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from'coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The Policy(s) of title insurance to be issued hereunder will be policy(s) of Fidelity National Title Insurance Company, a California Corporation. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. � 1115"e 4, Countersigned Fidelity National Title Company BY SEAL ' ATTEST Pre6I0eot . Seaetery logo°II Fidelity National Title Company Builder Services 7344 Magnolia Avenue, Suite 275 • Riverside, CA 92504 (909) 637-0414 • FAX (909) 637-1936 UPDATE 1 PRELIMINARY REPORT ORDER NO.: 6803 - C TITLE OFFICER: John M. Glance TO: Rancho Capistrano Development 79-687 Country Club Drive, #201 Bermuda Dunes, CA 92201 ATTN: Aimee L. Ballissimo - Grana YOUR REFERENCE.: PM 29894 SHORT TERM RATE: PROPERTY ADDRESS: EFFECTIVE DATE: January 16, 2001, 07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: SUBDIVISION GUARANTEE 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: NRI -CCP I, LLC, a Delaware Limited Liability Company (as to Parcels 3 through 25) 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF LA .QUINTA, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF JD\cy 01 /26/2001 cc: Pardue, Cornwell & Associates FNTC/Candice Gibbons Order No. 6803 - C EXHIBIT "ONE" PARCEL 1: INTENTIONALLY DELETED PARCEL 2: INTENTIONALLY DELETED rt= PARCEL 3: That portion of the North 200.00 feet of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian according to the official plat thereof, lying Easterly of the present County Highway as located on August 1, 1951. Except that portion conveyed to the County of Riverside by Quitclaim Deed recorded January 23, 1968 as Instrument/File No. 6764 of Official Records of said County. PARCEL 4 - The North half of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian; Excepting therefrom that portion of the North half of the Southwest quarter of the Northwest quarter of said Section, lying Northwesterly of the Southeasterly line of the canal right of way as condemned by the United States of America, a certified. copy of the Declaration of Taking was recorded September 11, 1947 in Book 863, Page 340 of Official Records of Riverside County, California, and that portion lying Westerly of the East line of the present County Highway, as located on August 1, 1951 and set out in deed recorded January 23, 1968 as Instrument/File No. 6767 of Official Records of Riverside County, California. PARCEL 5: The Southeast quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian; PARCEL 6: The Southwest quarter of the Southwest quarter of the Northwest quarter of section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian. Excepting therefrom the North 200.00 feet as conveyed by document recorded July 28, 1987 as Instrument/File No. 216961 and May 24, 1989 as Instrument/File No. 168324, records of Riverside County, California. PARCEL 7: That portion of the Northwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof, lying East of the East line of Jefferson Street, said Jefferson Street being described as follows: Beginning at a point on the North line of the Southwest quarter of Section 9 from which the West quarter corner of said Section bears South 89° 51' 30" West 137.53 feet; thence South 021 19' 40" East 1,31 1.71 feet to a point on the South line of said Northwest quarter of the Southwest quarter of Section 9; thence South 890 48' 22" West, on said 2 Order No. 6803 - C South line, 60.04 feet; thence North 021 19' 40" West, 1,31 1.76 feet to a point on the North line of the Southwest quarter of Section 9; thence North 890 51' 30" East 60.04 feet to the point of beginning. PARCEL 8: The Northeast quarter of the Southwest quarter of -Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. . PARCEL 9: The Southwest quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. Except that portion lying West of the East line of the land described in the deed to the County of Riverside recorded December 23, 1952 as Instrument/File No. 54928 of. Official Records. PARCEL 10: The North half of the .Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State -of California, according to the official plat thereof. PARCEL 11: The Southwest quarter of the Southeast quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California, according to the official plat thereof. PARCEL 12: The Northwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, according to United States Government Survey thereof; Excepting therefrom the Northerly 30.00 feet, lying within 52nd Avenue; Also excepting therefrom the Westerly 30.00 feet lying within Madison Street. PARCEL 13: The South half of the Northeast quarter and the Southeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, according to United States Government Survey thereof; Excepting therefrom the Easterly 30.00 feet lying within Madison Street. PARCEL 14: The North half of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Base and Meridian, according to the official plat thereof; Excepting therefrom the Westerly 30.00 feet lying within Madison Street. Also excepting therefrom the Northerly 30.00 feet as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument/File No. 89349, which was not vacated by Resolution No. 2000-164 and 2000-163 recorded December 18, 2000 as 3 Order No. 6803 - C Instrument/File No. 2000-502483, all of Official Records. PARCEL 15: The Southeast quarter of the Southwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, according to United States Survey, recorded December 15, 1803; Excepting therefrom the Southerly 30.00 feet included in 54th Avenue. PARCEL 16: The Southeast quarter of the Southeast Quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, as shown by the United States Government Survey; Excepting therefrom a one-half interest in and to all oil and mineral rights for a period of 10 years reserved in the deed from M.N. Dick and Marjorie E. Dick, his wife, recorded February 14, 1952 as Instrument/File No. 6396 of Official Records of Riverside County, California. PARCEL 17: A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, according to the official plat thereof, described as follows: Commencing at the Southwest corner of Section 10, Township 6 South, Range 7 East,. San Bernardino Meridian, City of La Quinta, County of Riverside, State of California; thence along a line that bears North 89° 23' 56" East, a distance of 787.86 feet; thence North 08° 15' 08" West a distance of 30.00 feet to the true point of beginning. Thence along the same line a distance of 1285.89 feet; thence North 89° 23' 17" East, a distance of 529.89 feet; thence South 000 15' 8" East, a distance of 1285.99 feet; thence South 890 23' 56" West a distance of 529.89 feet to the true point of beginning. PARCEL 18: A portion of the Southwest quarter of the Southwest quarter of Section 10, Township 5 South, Range 7 East, San Bernardino Meridian, in the City of La Quinta, County of Riverside, State of California, according to the official plat thereof, described as follows: Commencing at the Southwest corner of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, City of La Quinta, County of Riverside, State of California; thence along a line that bears North 8° 23' 56" East, a distance of 30.00 feet; thence North 000 19' 02" East, a distance of 30.00 feet to the true point of beginning. Thence along the same line a distance of 1285.74 feet; thence North 890 23' 17" East, a distance of 759.32 feet; thence South 000 15' 08" East, a distance of 1285.89 feet; thence South 89° 23' 56" West, a distance of 757.86 feet to the true point of beginning. PARCEL 19: The Southwest quarter of the Northwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, in the County of Riverside, State of California according to the official plat thereof. PARCEL 20: i Order No. 6803 - C The West half of the Southeast quarter of the Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, according to the official plat thereof. PARCEL 21: The East half of the Southeast quarter of Southwest quarter of Section 10, Township 6 South, Range 7 East, San Bernardino Base and Meridian, as shown by the United States Government.:Survey, approved December 15, 1903 by the Surveyor General; Excepting therefrom the. South 30.00 feet in public highway. PARCEL 22: The Southeast 1/4 of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian; Excepting therefrom the Northerly rectangular 30.00 feet of the Southeast 1/4 of Section 10, Township 6 South, Range 7 East, San Bernardino Meridian, as conveyed to the County of Riverside by deed recorded October 19, 1959 as Instrument/File No. 89348 of Official Records.of Riverside County, California. PARCEL 23: The North half of thence quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, according to United States of Government Survey thereof; Excepting therefrom the Northerly 30.00 feet, lying within 52nd Avenue; Also excepting therefrom -the Easterly 30.00 feet lying within Madison Street. PARCEL 24: Being a portion of the East half of the Northwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northeast corner of said East half; thence South 990 03' 39" West a distance of 509.51 feet along the East line of said East half, to a point on the Southeasterly line of the All American Canal, per Grant Deed recorded September 18, 1947 in Book 847 of Official Records of Riverside County, California, said point being the true point of beginning; thence continuing South 00° 03' 39" West a distance of 809.82 feet along said East line to the Southeast corner of said East half; thence South 890 39' 02" West a distance of 663.09 feet, along the South line of said East half to the Southwest corner of said East half; thence North 000 05' 21 " East a distance of 189.59 feet, along the West line of said East half to a point on the said Southeasterly line of said All American Canal; thence North 460 45' 02" East a distance of 911.12 feet along the said Southeasterly line to the true point of beginning. PARCEL 25: Being a portion of the Northeast quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian, described as follows: Commencing at the Northwest corner of said Northeast quarter of the Northwest quarter; thence South 001 03' 39" West a distance of 509.51 feet along the West line of said Northeast quarter of the Northwest quarter to a point on the Southeasterly line of the All American Canal, per Grant Deed recorded February 24, 1950 in Book 1149, Page(s) 544 through 548, inclusive, records of Riverside County, California, said point being the true point of beginning; thence continuing along said West line South 000 03' 39" West a Order No. 6803 - C distance of 809.82 feet to the Southwest corner of said Northeast quarter of the Northwest quarter; thence North 891 39' 02" East a distance of 1;326.18 feet, along the South line of said Northeast quarter of the Northwest quarter to the Southeast corner of said Northeast quarter; thence North 00° 00' 13" East a distance of 1,316.56 feet along the East line of said Northeast quarter of the Northwest quarter to the Northeast corner of said Northeast quarter; thence South 890 46'.12" West a distance of 781.54 feet along the North line of said Northeast quarter of the Northwest quarter to a point on the'said Southeasterly line of said All American Canal; thence South 460 44' 42":West a distance of 699.59 feet along said Southeasterly line to an angle point therein; thence continuing along said Southeasterly line South 460 45' 02" West a distance of 47.14 feet to the true point of beginning; Excepting therefrom the Northerly 30.00 feet lying within 52nd Avenue. I Order No. 6803 - C AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO. COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2001-2002. 2. Taxes, Bonds or Assessment, if any, will be reported at a later date. 3. There is existing on this property a Supplemental Assessment Nos. 051-467-896-8, 051-467-897-9, 051-467-898-0051-429-965-9, 051-467-898-0, 051-429-965-9,-051- 429-966-0, 051-467-899-1, 051-467-900-8051-467-894-6, and 051-471-102-7 for the fiscal year 1999-192000, pursuant to Senate Bill No. 813. NOTE: There are no amounts available at this time from the County Tax Collector's Office and possibly will not be any at the time you desire to close. 4. 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. 5. Water rights, claims or title to water, whether or not disclosed by the public records. 1. 6. Rights of the public over any portion of said land lying within the boundaries of any road, street or highway. 7. Easement(s) for the purpose(s) shown below and rights incidental thereto dedicated, acquired, reserved or excepted for public use by Coachella Valley Water District, formerly Coachella Valley County Water District In favor of: The public Purpose: Public roads and rights of way, private easements and rights of way for roads, pipe lines, ditches, and conduits on, over, under or across the herein described property, existing for the purpose of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipe lines, ditches and conduits. 8. The effect of an easement 30.00 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/File No. 32692 of Official Records of Riverside County, California. THE FOLLOWING MATTERS AFFECT PARCEL 3 7 ITEMS: (Continued) Order No. 6803 - C 9. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Utilities Recorded: March 12, 1929, Book 800, Page 433, of Deeds Reference is made to said document for full particulars. 10. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: United States of America Purpose: To remove interfering objects, and to survey for, construct, reconstruct, lay, relay, operate, maintain and remove at any time a water pipe line Recorded: April 26, 1949, Book 1071, Page 221, of Official Records . Reference is made to said document for full particulars. 18. The effect of a Interspousal Transfer Deed dated October 11, 1990, from Donald d. Allen, a married man, as his sole and separate property, as to an undivided 1/3 interest to Donald D. Allen and Sally C. Allen, husband and wife, as community property, as to an undivided 1/3 interest, recorded October 26, 1990 as Instrument/File No. 393175 of Official Records. 12. The effect of a Trust Transfer Deed dated October 11, 1990, from Donald D. Allen and Sally C. Allen, husband and wife, as community property, as to an undivided. 1/3 interest to Donald D. Allen and Sally C. Allen, Trustees of the Donald and Sally Allen 1990 Trust, as to_ an undivided 1/3 interest, recorded October 26, 1990 as Instrument/File No. 393176 of Official Records. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a Charter City Purpose: Public utilities Recorded: February 8, 2000, Instrument No. 2000-046602, of Official Records Affects: Parcel 3 14. Easement(s) for.the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a Charter City Purpose: Public utilities Recorded: February 8, 2000, Instrument No. 2000-046603, of Official Records Affects: Parcel 3 THE FOLLOWING MATTERS AFFECT PARCEL 4 15. Reservations contained in the Patent From: The United States of America Recorded: July 31, 1905 in Book 3, Page 228 of Patents. O ITEMS: (Continued) Which among other things recites as follows: Order No. 6803 - C Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches, or canals constructed by the authority of the United.States. 16. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Wires, poles Recorded: March 12, 1929, Book 800, Page 433, of Deeds Affects: The Westerly 5.00 feet of said land. 17. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: United States of America Purpose: Pipe lines Recorded: April 26, 1949, Book 1071, Page 221, of Official Records Affects: Along said land, described as follows: The center line of the route of said pipe line across said lands shall be as follows: Beginning at a point which is the intersection of the Southerly right of way line of the Coachella Canal as.described in Book 863, Page 340 of Official Records of Riverside County, California, and a line parallel to and 105.70 feet Easterly of the West line of said Section; thence from said point of beginning South 01 12' 37" East 99.60 feet;' thence South 2° 19' 32" East 1143.22 feet to a point on the South line of said Southwest quarter Northwest quarter, said point being North 89° 25' 00" East 152.47 feet from the Southwest corner of said Southwest quarter Northwest quarter. 18. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Purpose: Farm irrigation Recorded: May 19, 1959, Instrument No. 42833, of Official Records Affects: Within 2.00 feet of either side of the following described center line: From a.point 90.00 feet Southerly from the center line of the All American Canal in the .Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian and 105.7 feet Easterly of.the West line of Section 9, Township 6 South, Range 7 East, said point being on the center line of a main lateral of the All American Canal upon the center line of the aforementioned easement to the United States of America, and center line of a turnout stand, designated as Point A, from Point A due East 7' 6" to a point designated as Point B. Said Point B shall be the Northerly limit and the center line of an easement to be reserved from Point B Southerly and parallel to the center line of the easement to the United States of America, a distance of 9.6 feet to a point designated as Point C. Said Point C being 7' 6" Easterly of the center line of the easement to the United States of America easement center line and being the center line of this 5' easement line joining B to C parallel to West line of Section 9, Township 6 South, Range 7 East, from point Southerly parallel to the center line of the existing easement to the United States of America and 7' 6" Easterly from said easement to the United States of America center line, to a point, designated D. Point D shall be the Southerly terminating point of said 5.00 foot easement Point D to be 7' 6" Easterly of the center line of the easement to the United States of America center line, Westerly from Point D. Point D shall be 10.00 feet South of the North line of the South half of the Southwest quarter of the ITEMS: (Continued) Order No. 6803 - C Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East, San Bernardino Base and Meridian. 19. The fact that said land lies within the Coachella Valley Soil Conservation District as evidenced by a Resolution and Order recorded December 13, 1956 in Book 2011, Page 519 of Official Records of Riverside County, California. 20. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta Purpose: Public street and public utility Recorded: January 14, 1991, Instrument No. 200785, of Official Records Affects: Portions of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range, 7 East. 21. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District, a public agency of the State of California Purpose: Build and maintain an access road, and necessary devices and appurtenances Recorded: October 6, 2000, Instrument No. 2000-395093, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 5 22. Reservations contained in the Patent From: The United States of America Recorded: July 31, 1905 in Book 3, Page 228 of Patents. Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, .and the reservation from the lands. hereby granted, a right of way thereon for ditches, or canals constructed by the authority of the United States. 23. The fact that said land lies within the Coachella Valley Soil Conservation District as evidenced by a Resolution and Order recorded December 13, 1956 in Book 2011, Page 519 of Official Records of Riverside County, California. 24. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: City of La Quinta Purpose: Public street and public utility Recorded: January 14, 1991, Instrument No. 200785, of Official Records Affects: Portions of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East. 10 ITEMS: (Continued) Order No. 6803 - C 25. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 26. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL '6 27. Reservations contained in the Patent From: The United States of America Recorded: July 31, 1905 in Book 3, Page 228 of Patents. Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches, or canals constructed by the authority of the United States. 28. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Sierras Power Company Purpose: Wires, poles Recorded: March 12, 1929, Book 800, Page 433, of Deeds Affects: The Westerly 5.00 feet of said land. 29. The fact that said land lies within the Coachella Valley Soil Conservation District as evidenced by a Resolution and Order recorded December 13, 1956 in Book 2011, Page 519 of Official Records of Riverside County, California. 30. Easement(s) for the purpose(s) shown below and .rights incidental thereto as granted in a document; Granted to: City of La Quinta Purpose: Public street and public utility Recorded: January 14, 1991, Instrument No. 200785, of Official Records Affects: Portions of the Southwest quarter of the Northwest quarter of Section 9, Township 6 South, Range 7 East. 31. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a Charter City Purpose: Public utilities Recorded: February 18, 2000, Instrument No. 2000-059971, of Official Records Affects: Parcel 6 ITEMS: (Continued) Order No. 6803 - C 32. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a Charter City Purpose: Public utilities Recorded: February 18, 2000, Instrument.No. 2000-059974, of Official Records Affects: Parcel 6 33. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 34. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning -the abandonment or vacation of 53rd Avenue,.a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 7 35. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: United States of America Purpose: A water pipe line Recorded: April 26, 1949, Instrument No. 3179, of Official Records Affects: A strip of land 5.00 feet in width lying within Parcel 7, the center line described as follows: Beginning at a point on the North line of the Northwest quarter of the Southwest quarter, said point being North 891 25' 00" East, 152.47 feet from the Northwest quarter corner of said Northwest quarter of the Southwest quarter; thence from said point of beginning South 02° 19' 32" East 1,310.84 feet to a point on the South line of said Northwest quarter of the Southwest quarter, said last mentioned point being North 891 36' 28" East, 197.89 feet from the Southwest corner of said Northwest quarter of the Southwest quarter. 36. The effect of a document entitled "Land conservation Contract", by and between County of Riverside and Myron E. Glass and Rose b. Glass, husband and wife, recorded February 28, 1977 as Instrument/File No. 32801 of Official Records, Riverside County; California. Reference being made to the record for full and further particulars. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 12, 1986 as Instrument/File No. 108516 of Official Records. Notice of Non -Renewal recorded August 23, 1990 as Instrument/File No. 313928 of Official Records. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 18, 1989 as instrument/File No. 160636 of Official Records. A Resolution of the City Council of the City of La Quinta consenting to and approving the issuance of a Certificate of Cancellation of a portion of a Land Conservation Contract recorded October 4, 1989 as Instrument/File No. 343490 of Official Records. 12 ITEMS: (Continued) Order No. 6803 - C 37. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a General Law City duly created and existing under the laws of the State of California Purpose: Public utilities Recorded: October 28, 1999, Instrument No. 1999-469981, of Official Records Affects: Parcels 7 and 9 38. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a General Law City duly created and existing under the laws of the State of California Purpose: Public utilities Recorded: October 28, 1999, Instrument No. 1999-469982, of Official Records Affects: Parcels 7 and 9 39. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 40.. Any irregularities, reservations or.other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 8 41. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: United States of America Purpose: A water pipe line Recorded: August 23, 1960, Instrument No. 3693, of Official Records Affects: A strip of land 5.00 feet in width lying within Parcel 8, the center line described as follows: Parallel with and 10.00 feet East of the West line of said Northeast quarter of the Southwest quarter and extending from the North line to the South line thereof. 13 ITEMS: (Continued) Order No. 6803 - C 42. The effect of a document entitled "Land conservation Contract",, by and between County of Riverside and Myron E. Glass and Rose b. Glass, husband and wife, recorded February 28, 1977 as Instrument/File No. 32801 of Official Records, Riverside County, California. Reference being made to the record for full and further particulars. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 12, 1986 as Instrument/File No. 108516 of Official Records. Notice of Non -Renewal recorded August 23, 1990 as Instrument/File No. 313928 of Official Records. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 18, 1989 as Instrument/File No. 160636 of Official Records. A Resolution of the City Council of the City of La Quinta consenting to and approving the issuance of a Certificate of Cancellation of a portion of a Land Conservation Contract recorded October 4, 1989 as Instrument/File No. 343490 of Official Records. 43. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 44. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of'Official Records THE FOLLOWING MATTERS AFFECT PARCEL 9 45. An easement for road purposes over the Easterly 30.00 feet of Parcel 10 and the South 30.00 feet of Parcels 9 and 11 as disclosed by record in Book 1, Page 167 of the Riverside County Surveyor's Records and entered in Book 6, Page 7 of the County Supervisor's Minutes. 46. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: United States of America Purpose: A water pipe line Recorded: June 23, 1949, Instrument No. 3909, of Official Records Affects: A strip of land 5.00 feet in width lying within Parcel 9, the center line described as follows: Parallel to and 10.00 feet East of the West line of Parcel 3 herein described and extending from the North line to the South line thereof; also, parallel with and 35.00 feet South of the North line of Parcel 2 herein described and extending from a point 10.00 feet East of the West line to the East line thereof. 14 ITEMS: (Continued) Order No. 6803 - C 47. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: United States of America Purpose: A water pipe line Recorded: June 23, 1949, Book 1086, Page 402, of Official Records Affects: A strip of land 5:00 feet in width lying within Parcel 9, the center line described as follows: Parallel to and 35.00 feet East of the West line of said North half of the Southeast quarter and extending from the North line of the South half of the Northeast quarter to the South line of said North half of the Southeast quarter. 48. The effect of a document entitled "Land conservation Contract", by and between County of Riverside and Myron E. Glass and Rose b. Glass, husband and wife, recorded February 28, 1977 as Instrument/File No. 32801 of Official Records, Riverside County, California. Reference being made to the record for full and further particulars. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 12, 1986 as Instrument/File No. 108516 of Official Records. Notice of Non -Renewal recorded August 23, 1990 as Instrument/File No. 313928 of Official Records: Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 18, .1989 as Instrument/File No. 160636.of Official Records. A Resolution of the -City Council of the City of La Quinta consenting to and'approving the issuance of a Certificate of Cancellation of a portion of a Land Conservation Contract recorded October 4, 1989 as Instrument/File No. 343490 of Official Records. 49. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a General Law City duly created and existing under the laws of the State of California Purpose: Public utilities Recorded: October 28, 1999, Instrument No. 1999-469981, of Official Records Affects: Parcels 7 and 9 50. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The City of La Quinta, a General Law City created and existing under the laws of the State of California Purpose: Public utilities Recorded: October 28, 1999, Instrument No. 1999-469982, of Official Records Affects: Parcels 7 and 9 THE FOLLOWING MATTERS AFFECT PARCEL 10 15 ITEMS: (Continued) Order No. 6803 - C 51. An easement for road purposes over the Easterly 30.00 feet of Parcel 10 and the South 30.00 feet of Parcels 9 and 11 as disclosed by record in Book 1, Page 167 of the Riverside County Surveyor's Records and entered in Book 6, Page 7 of the County Supervisor's Minutes. 52. The effect of a -document entitled "Land conservation Contract", by and between County of Riverside and Myron E. Glass and Rose b. Glass, husband and wife, recorded February 28, 1977 as Instrument/File No. 32801 of Official Records, Riverside County, California. Reference being made to the record for full and further particulars. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 12, 1986 as Instrument/File No. 108516 of Official Records. Notice of Non -Renewal recorded August 23, 1990 as Instrument/File No. 313928 of Official Records. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 18, 1989 as Instrument/File No. 160636 of Official Records. A Resolution of the City Council of the City of La Quinta consenting to and approving the issuance of a Certificate of Cancellation of a portion of a Land Conservation Contract recorded October 4, 1989 as Instrument/File No. 343490 of Official Records. 53. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official .Records 54. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 11 55. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Pacific Land Company, a corporation Purpose: A private road Recorded: September 6, 1946, Instrument No. 1413, of Official Records Affects: The West 20.00 feet. 56. An easement for road purposes over the Easterly 30.00 feet of Parcel 10 and the South 30.00 feet of Parcels 9 and 11 as disclosed by record in Book 1, Page 167 of the Riverside County Surveyor's Records and entered in Book 6, Page 7 of the County Supervisor's Minutes. 16 ITEMS: (Continued) Order No. 6803 - C 57. The effect of a document entitled "Land conservation Contract", by and between County of Riverside and Myron E. Glass and Rose b. Glass, husband and wife, recorded February 28, 1977 as Instrument/File No. 32801 of Official Records, Riverside.County, California. Reference being made to the record for full and further particulars. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 12, 1986 as Instrument/File No. 108516 of Official Records. Notice of Non -Renewal recorded August 23, 1990 as Instrument/File No. 313928 of Official Records. Certificate of Tentative Cancellation of a portion of a Land Conservation Contract recorded May 18, 1989 as Instrument/File No. 160636 of Official Records. A Resolution of the City Council of the City of La Quinta consenting to and approving the issuance of a Certificate of Cancellation of a portion of a Land Conservation Contract recorded October 4, 1989 as Instrument/File No. 343490 of Official Records. THE FOLLOWING MATTERS AFFECT PARCEL 12 58. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District, a public agency of the State of California Purpose: Build and maintain an underground pipe line, and necessary devices and appurtenances Recorded: November 20, 2000, Instrument No. 2000-463623, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 13 59. Reservation of a right of way for. private road on and along the East 20.00 feet of the Southeast quarter of the Northwest quarter and the West 20.00 feet of the South half of the Northeast quarter of said Section 9, for the use of the public in the event said right of way is dedicated to the public use by first party, its successors or assigns, as contained in deed dated April 25, 1949 executed by Southern Pacific Railroad Company to Helen Morgan, recorded May 21, .1949 in Book 1078, Page 305 of Official Records of Riverside County, California. 17 ITEMS: (Continued) Order No. 6803 - C 60. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: Water pipe line Recorded: June 23, 1949, Book 1086, Page 402, of Official Records Affects: Described as follows: Within 5.00 feet of either side of the following described center lines: Parallel to and 10..00 feet East of the West line of said Southeast quarter of the Northwest quarter and extending from the North line to the South line thereof; also, parallel to and 35.00 feet East of the West lines of said South half of the Northeast quarter and North half of the Southeast quarter and extending from the North line of said South half of the Northeast quarter to the South line of said North half of the Southeast quarter; also, parallel to and 10.00 feet East of the West line of the Southeast quarter of the Northeast quarter of said Section and extending from the North line of the Southeast quarter of the Northeast quarter to the South line of said Northeast quarter of the Southeast quarter. 61. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Imperial Irrigation District Purpose: A right of way to maintain a power line Recorded: January 19, 1953, Book 1433, Page 54, of Official Records Affects: Along a line which is parallel with and 1.00 foot East of the West line of the Southeast 1/4 of the Northwest 1/4 of Section 9. 62. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 63. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 14 64. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of Purpose: Pipe lines Recorded: June 28, 1949, Book Affects: 18 America 1088, Page 80, of Official Records ITEMS: (Continued) Order No. 6803 - C 65. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District, a public agency of the State of California Purpose: Build and maintain an underground pipe line, and necessary devices and appurtenances Recorded: November 20, 2000, Instrument No. 2000-463623, of Official Records 66. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records 67. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 15 68. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Pacific Land Company Purpose: Road purposes Recorded: February 27, 1929, Book 799, Page 491, of Official Records Affects: Over the East 20.00 feet of said land. THE FOLLOWING MATTERS AFFECT PARCEL 18 69. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District, a public agency of the State of California Purpose: Build and maintain an underground pipe line, and necessary devices and appurtenances Recorded: November 20, 2000, Instrument No. 2000-463623, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 19 19 ITEMS: (Continued) Order No. 6803 - C 70. A pending Court Action as disclosed by a recorded notice: Plaintiff: Fand Bin Salman Abdul Aziz, an individual Defendant: Robert Burch; all persons unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint adverse to Plaintiff's title, or any cloud on Plaintiff's title thereto; Does 1 through 20, inclusive County: Riverside Court: Superior Case No.: 90690 Nature of Action: To quiet title and includes causes of action for court-ordered cancellation of a power of attorney that has already been cancelled, for an order requiring defendant to transfer stock to plaintiff which defendant holds in trust for plaintiff, for replevin,, for declaratory relief, as well as damages for conversion, breach of fiduciary duty, and breach of contract Recorded: August 2, 1996, Instrument No. 290623, of Official Records 71. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Coachella Valley Water District, a public agency of the State of California Purpose: Build and maintain an underground pipe line, and necessary devices and appurtenances Recorded: November 20, 2000, Instrument No. 2000-463623, of Official Records 72. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502483, of Official Records . 73. Any irregularities, reservations or other matters which would be disclosed by an examination of the proceedings occasioning the abandonment or vacation of 53rd Avenue, a certified copy of the Resolution was recorded December 18, 2000, Instrument No. 2000-502484, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 20 74. Matters contained in that certain document entitled "Assignment of Tax Credits" dated October 20, 1998, executed by Frederick and 52nd Limited Partnership, by Palm Desert Development Company, a California Corp., General Partner recorded November 3, 1998, Instrument No. 478447, of Official Records. Reference is hereby made to said document for full particulars. THE FOLLOWING MATTERS AFFECT PARCEL 21 75. Reservations contained in the Patent From: The United States of America 20 ITEMS: (Continued) Order No. 6803 - C To: George Hogg Recorded: December 9, 1912 in Book 6, Page 167 of Patents Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches, or canals constructed by the authority of the United States. THE FOLLOWING MATTERS AFFECT PARCEL 22 76. Reservations contained in the Patent From: The United States of America Recorded: April 1, 19.12 in Book 6, Page 112 of Patents Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts, and the reservation from the lands hereby granted, a right of way thereon for ditches, or canals constructed by the authority of the United States. 77. Easement(s) for the p„urpose(s) shown below and rights incidental thereto as granted in a document; Granted to: General Telephone Company of California, a corporation Purpose: Public utilities Recorded: January 21, 1982, Instrument No. 12273, of Official Records THE FOLLOWING MATTERS AFFECT PARCEL 23 78. Easement(s) for the purpose(s) shown below and rights incidental thereto dedicated, .acquired, reserved or excepted for public use by Coachella Valley Water District, formerly Coachella Valley County Water District In favor of: The public Purpose: Public roads and rights of way, private easements and rights of way for roads, pipe lines, ditches, and conduits on, over, under or across the herein described property, existing for the purpose of ingress and egress from other lands by means of such roads and for the purpose of conveying irrigating and domestic water to such other lands by means of such pipe lines, ditches and conduits. 79. The effect of a Record of Survey on file in Book 93, Page(s) 82 of Records of Survey, Records of Riverside County, California. 21 ITEMS: (Continued) Order No. 6803 - C 80. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey, Job No. 145-16, dated January 6, 1998 prepared by Pardue, Cornwell and Associates, Inc.: A. Power poles and guy wires as shown on said survey. 81. Easerrient(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Southern Pacific Land Co. Purpose: A public road Recorded: January 11, 1944, Book 610, Page 431, of Official Records Affects; Within the Westerly 20.00 feet of said land. 82. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: George Carbinier, as Petitioner for Order of Court Permitting Sale of Common Real Property of his spouse, Caroline Carbinier, an incompetent person Purpose: Public road Recorded: August 10, 1946, Book 768, Page 132 and 104, of Official Records Affects: On and along the West 20.00 feet of said land. 83. Easement(s) for the purpose(s) shown below 'and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: A water pipe line Recorded: June 13, 1949, Book 1083, Page 550, of Official Records Affects: Within 5.00 feet of either side of the following described center lines: Beginning at a point on the North line of said Section, which is South 89° 46' 12" West 246.84 feet from the Northeast corner of the Northwest quarter of the Northeast quarter of said Section; thence from said point of beginning South 43° 15' 22" East, 42.71 feet to the beginning of a curve; thence 36.00 feet Southeasterly on the arc of a curve having a delta of 461 58' 30" left and a radius of 44.05 feet; thence parallel to and 45.00 feet South of the North line of said Northeast quarter North 891 46' 12" East 1501.63 feet to the East line of said Section; also parallel to and 10.00 feet East of the West line of the Northeast quarter of the Northeast quarter of said Section and extending from a point 56 feet South of. the North line of said Northeast quarter of the Northeast quarter to the South line thereof; also parallel to and 35.00 feet East of the West line of said North half of the Northeast quarter and extending from the North line to the South line thereof; said pipe line and every part thereof shall be confined to within 10.00 feet of either side of the following described center line: Beginning at -a point on the North line of said Section, which is South 89° 46' 12" West, 281.02 feet from the Northeast corner of said Northwest quarter of the Northeast quarter of said Section; thence from said point of beginning South 431 15' 22" East, 56.29 feet to the beginning of a curve; thence 36.00 feet along the arc of a curve, having a radius of 44.05 feet and a delta of 460 58' 30" left; thence parallel to and 56.00 feet South of the North line of said Section, North 891 46' 12" East, 1501.63 feet to the East line of said Section. THE FOLLOWING MATTERS AFFECT PARCELS 24 AND 25 22 ITEMS: (Continued) Order No. 6803 - C 84. The effect of a Record of Survey on file in Book 93, Page(s) 82 of Records of Survey, Records of Riverside County, California. 85. Any facts, rights, interests, or claims which may exist or arise by reason of the following facts disclosed by survey, Job No. 145-16; dated January 61' 1998 prepared by Pardue, Cornwell and Associates, Inc.: A. Power poles and guy wires as shown on said survey. 86. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: A water pipe line Recorded: June 15, 1949, Book 1084, Page 331, of Official Records 87. Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: The United States of America Purpose: A water pipe line Recorded: July 7, 1949, Book 1090, Page 295, of Official Records THE FOLLOWING MATTERS AFFECT PARCELS 3 THROUGH 25 88. A deed of trust to secure an indebtedness in the amount shown below, and.any other obligations secured thereby Amount: $31,000,000.00 Dated: June 15, 2000 Trustor: NRI -CCP I, LLC, a Delaware Limited Liability Company Trustee: Commonwealth Land Title Company Beneficiary: Bank Midwest, N.A. Loan No.: Recorded: June 15, 2000, Instrument No. 2000-229755, of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: NRI -CCP I, LLC, a Delaware Limited Liability Company, Commonwealth Land Title Company, and Bank Midwest, N.A. Recorded: June 27, 2000, Instrument/File No. 2000-247875, of Official Records 89. An assignment of all the moneys due, or to become due, as rental, as additional security for the obligations secured by deed of trust shown as item no. 79. Assigned to: NRI -CCP I, LLC, a Delaware Limited Liability Colmpany and Bank Midwest, N.A. by Assignment Recorded: June 15, 2000, Instrument/File No. 2000-229756, of Official Records 23 ITEMS: (Continued) Order No. 6803 - C 90. The effect of a document entitled "Amendment to Assignment of Leases and Rents", dated June 19, 2000 by and between Bank Midwest, N.A. and NRI -CCP 1, LLC, a . Delaware Limited Liability Company, recorded June 27, 2000 as Instrument/File No. 2000-247876 of Official Records, Riverside. County, California. Reference being made to the record for full and further particulars. 91. A financing statement filed in the;^O.ffice of the County Recorder, showing Debtor: NRI -CCP I, LLC Secured Party: Bank Midwest, N.A. Date: None Shown Recorded: June 15, 2000, Instrument No. 2000-229757, of Official Records A change to the above financing statement was filed Date: June 15, 2000 No.: 220757 Nature of Change: Continuation Statement Recorded: June 27, 2000, Instrument/File No. 2000-247877, of Official Records 92. A deed of trust to secure an indebtedness in the amount shown below, and any other obligations secured thereby Amount: $10,400,000.00 Dated: June 15, 2000 Trustor: NRI -CCP I, LLC, a Delaware Liability Company Trustee: Commonwealth Land Title Company Beneficiary: Nationwide Realty Investors, Ltd., an Ohio Limited Liability Company Loan No.: Recorded: June 15, 2000, Instrument No. 2000-229758, of Official Records An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: NRI -CCP I, LLC, a Delaware Limited Liability Company, Commonwealth Land Title Colmpany, and Nationwide Realty Investors, Ltd. Recorded: June 27, 2000, Instrument/File No. 2000-247872, of Official Records 93. An assignment of all the moneys due, or to become due, as rental, as additional security for the obligations secured by deed of trust shown as item no. 83. Assigned to: Nationwide Realty Investors, Ltd. and NRI -CCP I, LLC, a Delaware Limited Liability Company by Assignment Recorded: June 15, 2000, Instrument/File No. 2000-229759, of Official Records The effect of a document entitled "First Amendment to Assignment of Leases and Rents", dated June 15, 2000 by and between Nationwide Realty Investors, Ltd. and NRI -CCP I, LLC, a Delaware Limited Liability Company, recorded June 27, 2000 as Instrument/File No. 2000-247873 of Official Records, Riverside County, California. Reference being made to the record for full and further particulars. 24 ITEMS: (Continued) Order No. 6803 - C 94. A financing statement filed in the Office of the County Recorder, showing Debtor: NRI -CCP I, LLC Secured Party: Nationwide Realty Investors, Ltd. Date: June 15, 2000 Recorded: June 15, 2000, Instrument No. 2000-229760, of Official Records 95. A financing statement filed in the Office of the County Recorder, showing Debtor: NRI -CCP I, LLC Secured Party: Nationwide Realty Investors, Ltd. Date: June 27, 2000 Recorded: June 27, 2000, Instrument No. 2000-247874, of Official Records 96. Matters contained in that certain document entitled "Agreement" dated December 8, 2000, executed by and between Coachella Valley Water District, a public agency and NRI-CCPI, a Delaware limited liability company recorded December 28, 2000, Instrument No. 2000-515110, of Official Records. Reference is hereby made to said document for full particulars. END OF ITEMS Note 1. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title.entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. Note 2. The charge where an order is cancelled after the issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. Note 3. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that the buyer in all sales of. California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained. 25 14 — ,I as — PM. 44/67-68 Parcel Mop No. 896/ . 32 CArA. 60'RdL per MO.., RS 95/8? 32692 4/39 1 ASSESSORS .MAP -8K. 772 p6.30 JULY,96- RNERS/OE cOUNTY, a4ur 400 I I I 3/ 775 08 60'Rdt. per ;off. 32692 I/59 775 /O 767 2/ ASSESSOR'S MAP BK. 772 PG. 32 JULY '98 RN£RS/DE COUNTY, CALF. 25-28 767-20 I / 400' T.R. A. 058 -.004 020-056 N. //2 of SEC. /0, T. 6S., R. 7E This is not a survey of the land but is compiled for information only, nor is it a part of the report or policy to which it may be attached. FIDELITY NATIONAL TITLE INSURANCE COMPANY 411 3 3I (2 9 I �r xo7o•rs s — — — — -- - -- 1 I 2/ Coto.• 6.L.0. 60'Rds. per Inst. 31691 4/59 ASSESSOR'S MAP 6X. 757 AS 20 R/V£RS/D£ COUNTY, aiL/F. PA (A o0 00 Q 0 PikF,I ,o . �r xo7o•rs s — — — — -- - -- 1 I 2/ Coto.• 6.L.0. 60'Rds. per Inst. 31691 4/59 ASSESSOR'S MAP 6X. 757 AS 20 R/V£RS/D£ COUNTY, aiL/F. 2S -2B . 767-2/ ti. This is not a. survey of the land but is compiled . foe information only, nor is it a part of the report or policy to which it may be attached. FIDELITY NATIONAL TITLE INSURANCE COMPANY r. R sf. 020- 058 S. //2 of SEC. /O, ;76S.,R 7E. TRIS NAP K fi7R ASSESSMENT P(/RMSES My n EXHIBIT A AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY1(6-1-87) EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: - 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • improvements on the land • land division • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at policy date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 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 Data • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowledge of the taking 3.Titie Risks: • that are created, allowed, or agreed to by you • that are known to you, but not to us, on the Policy Data -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 tide. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. SCHEDULE EXCEPTIONS In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees, and the expenses resulting from: 1. Any rights, Interests, or claims of parties in possession of the land not shown by the public records. 2. Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of Covered Title Risks. ' 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in item 12 of Covered Title Risks. 4. Any water rights or claims w title to water in or under the land, whether or not shown by the public records. 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, ordnance or governmental regulation (ncludng butnotlimited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (B the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed cr agreed to by the insured claimanC (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 Data of Policy: or (e) resulting in lose 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. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Data of Policy, or the inability or failure of any subsequent owner of the indebtedness, to conyfy will, the applicable doing business laws of the state in which the land is situated. 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. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creatng the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. SCHEDULE B, PART I 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: PART 1 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that 3. Easements, liens or encumbrances, or clams thereof, which are not shown by the public retards. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary Ines, shortage it area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the 2. Any facts, rights, interests or claims which we not shown by the public records but which could be issuance thereof; (c) water rights,, claims or title to water, whether or not the matters excepted under ascertained by an inspection of the land or which may be asserted by persons in possession thereof. (a), (b), w (c) are shown by the public records. EXHIBIT A (CONTINUED) AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT -FORM 1 COVERAGE AND AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH A.L.T.W. ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including butnotlsmited 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 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 Data of Policy. Ib) 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 it the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data 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: la) created, suffered, assumed or agreed to by the insured claimant; Ib) 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 inprovements 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 Blain of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an inprovement w work related to the land which is contracted for and commenced subsequent to Data of Policy and is not fistented 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 (i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (ii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgement or Gen creditor. 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, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to () 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 affect of any violation of these laws, ordinances or governmental regulations, except o 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 it 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 Data 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 data the insured claimant became an insured under this policy; (c) resulting i, 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. 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: () the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; w (i) 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 judgement or lien creditor. The above ALTA 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 3. Easements, lime or encumbrances, or claims thereof, which are not shown by the public records. levies taxes or assessments on real property or by the public records. Proceedings by a public agency 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which which may result in taxes or assessments, or notices of such proceedings, whether or not shown by a correct survey would disclose, and which are not shown by the public records. the records of such agency or by the public records. S. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the 2. Any facts, rights, interests or claims which are not shown by the public records but which could be issuance thereof; (c) water rights, claims or tide to water, whether or not the matters excepted under ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (a), (b) or (c) are shown by the public records. EXHIBIT A (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6-2-98) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) EXCLUSIONS In addition to the Exceptions in Schedule 8, You are not insured against loss, costa, attorneys' fees, and expenses resulting from: 1. Governmental porice power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning C. Land use d. improvements on Land e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. notice of exercising the right appears in the Public Records at the Policy Date; or It. 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 it no loss to You; or d. that first occur after the Policy Data - this does not limit the coverage described it Covered Risk 7, 8.d, 22, 23, 24 or 25. S. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. RESIDENTIAL TITLE INSURANCE POLICY ONE -TO -FOUR FAMILY RESIDENCE ENHANCED VERSION (1997) EXCLUSIONS In addition to the Exceptions in Schedule 6, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: a. land use; b. improvements on the land; C. land divisions; or d. anvionmental protection. This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Polity Data. This exclusion does not limit the coverage described in Item 12c and d, 13 and 18 of Covered Tide Risks. 2. The right to take the land by condemning it, unless: a. a notice of exercising the right appears in the public records on the Policy Date; or b. 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: a. that are created, allowed, or agreed to by you; b. that are known to you, but not to us, on the Policy Date - unless they appeared in the records; c. that result in no lose to you; or d. that fust affect your title after the Policy Date - this does not limit the coverage described in 3b, 8, 17 and 19 of Covered Title Risks. 4. Failure to pay value for your We. 5. Lack of a right: (a) to any land outside the area specifically described and referred to in Its Schedule A or (b) in streets, alleys, or waterways that touch your land. This exclusion does not limit the coverage described in Items 5 and 12a of the Covered Title Risks. Item Schedule public Items