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2020 Wash St-Fred Waring Triple Left Ln - Southwest Church City of PD Agrmt & Wire APN 633-350-015Approve 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 09/09/2020 Lawyers Title Company 13,455.00 USD RELEASED 45 WT20090803321637 Page 1 of 1 9/8/2020https://cib.bankofthewest.com/K1/corp/landingpage Digitally signed by Krystena Blondell DN: cn=Krystena Blondell, o=City of La Quinta, ou=Finance Department, email=kblondell@laquintaca.gov, c=US Date: 2020.09.08 13:58:32 -07'00' Create Free Form Wire - Domestic Confirmation Wire Release Information Status: PENDING View status definitions Sequence number: 45 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: 13,455.00 Currency: USD Value date: 09/09/2020 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): SBL22475-143, Attn. Colleen Graves Payment details 2 (Optional):APN 633-350-015 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.gov, c=US Date: 2020.09.08 13:44:16 -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 09/08/2020 13:43:20 PDT Save as Template www.OPCservices.com | 2280 Market Street, Suite 200, Riverside, CA 92501 ph 951.683.2353 | fx 951.683.3901 September 1, 2020 VIA E-MAIL DELIVERY Julie Mignogna Management Analyst Public Works Department City of La Quinta 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. # APN: Property Owner: Wire Transfer Amount: Documents Enclosed: 1 633-350-015 Southwest Community Church $13,455.00 1-3rd 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: SBL22475 APN: 633-350-015 Electronic Funds Transfer Request Amount: $13,455.00 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 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@ltic.com Escrow Number: SBL22475 - LT143 - CGC Date: August 31, 2020 Property Address: Portion 633-350-015 , CA, Escrow Officer: Colleen Graves For Credit To: City of Indian Wells 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: City National Bank 555 South Flower St. 17th Floor Los Angeles, Ca. 90071 BANK ROUTING Number: 122016066 CREDIT TO: Lawyers Title Company Branch / Account Number: 555295596 For Further Credit to Escrow No: SBL22475 - 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 rejected 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. SBL22475 As of 8/31/2020 6:25:35 PM Page 1 Lawyers Title Company 625 E. Carnegie Drive, Suite 105 San Bernardino CA 92408 Phone: (909) 963-5588 Fax: (909) 963-5589 Escrow Officer: Colleen Graves Escrow Officer Email: cgraves@ltic.com *SBL22475* SBL22475-CGC Buyer's / Borrower's Settlement Statement - Estimated Property: Portion 633-350-015 , CA Closed Date: Est. Closing Date: 9/16/2020 Loan Number: Buyer: City of Indian Wells Escrow Number: SBL22475-CGC Debits Credits Purchase Price Purchase Price $12,315.00 Escrow Fees Escrow Fees to Lawyers Title Co $630.00 Title Charges Owner's Coverage ($12,315) 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 $13,455.00 Totals: $13,455.00 $13,455.00 Easement, with Certificates of Acceptance attached. Buyer and Seller agree to deposit any additionalinstruments as may be necessary to complete this transaction.6. BUYER IS AUTHORIZED TO. AND SHALL:A. Deduct and pay, from funds due Seller, any amount necessary to satisfy any delinquent taxesdue in any fiscal except the fiscal year in which this transaction closes, together with penaltiesand interest thereon and/or delinquent assessments or bonds except those which title is to betaken 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 havefulfilled conditions of this transaction.The term "close of transaction," if and where written in these instructions, shall mean the date necessaryinstruments of conveyance are recorded in the Office of the County Recorder. Recordation ofinstmmentsdelivered through this transaction is authorized if necessary or proper in the issuance of said policy of titleinsurance.All time limits within which any matter herein specified is to be performed may be extended by mutualagreement of the Patties hereto. Any amendment of, or supplement to, any instructions must be in writing.7. TIME IS OF THE ESSENCE. Time is of the essence in these instructions and this transaction is to close assoon 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 fully complied with their instructions may, in writing, demand the return ofhis money or Property; but if none have complied, no demand for return thereof shall be recognized untilfive (5) days after Buyer shall have mailed copies of such demand to all other patties at their respectiveaddresses shown in these instructions, and if any objections are raised within said five (5) day period. Buyeris authorized to hold all papers or documents until instructed by a court of competent jurisdiction or mutualinstructions. 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 possessoryinterest held by any party other than Seller in area included within the Property, or that any persons orentities with any such lawful possessory interest on Seller's property, have consented in writing to thetransfer of the Property by Seller to Buyer, without additional compensation therefor from Buyer to suchparty. Seller shall indemnify Buyer and hold Buyer harmless from and against any claim for any proceedsof the Property being conveyed hereunder by any other patty, including any claim that any such party isentitled to a portion of the proceeds paid by Buyer pursuant to this Agreement.9. HAZARDOUS SUBSTANCES DISCLOSURE. To Seller's knowledge, and without investigation, Sellerwarrants and represents to Buyer that there are no hazardous or toxic material or substances located on orbeneath the Property.10. NOTICE OF TAX WITHHOLDING REQUIREMENTS. It is further understood and agreed by Buyer andSeller that closing of this escrow is subject to and contingent upon Seller executing a "Transferor's AffidavitofNon-Foreign Status" and California Form 593-C (Individual Sellers) or 593-W (Real Estate WithholdingExemption Certificate and Waiver Request for Non-Individual Sellers) and depositing a copy of same intoescrow.11. NO COST TO SELLER. Buyer shall bear all costs and expenses in connection with Buyer's and/or itsassignees' purchase and use of the Property. 12. MANAGEMENT OF WORK AREAS AND ACTIVITIES. Buyer shall perform its activities on theProperty in a safe manner and in accordance with all applicable governmental and other laws, rules andregulations. No "hazardous or toxic wastes, substances or materials," as such terms are or may from timeto time be defined by Federal, state, county or municipal laws, ordinances, orders or regulations applicableto the use and enjoyment of the Property (which regulated materials are collectively hereinafter referred toas "Hazardous Materials") shall be placed or used or allowed to be placed or used on the Property by Buyeror any of its employees, agents and contractors. Buyer shall not suffer or permit to be enforced against theProperty, or any part thereof, any mechanics', materialmen's, contractors' or subcontractor's liens or anyclaim for damage arising from the work performed by Buyer or any of its employees, agents or contractors.At the expiration of the temporary constmction easement or the expiration or termination of Buyer'stemporary rights under this Agreement, Buyer shall restore the Property to the same condition that existedprior to Buyer's operations, and Buyer shall remove all equipment and construction materials. Buyer shallperform or cause its work to be performed in a manner so as not to unreasonably interfere with the remainingproperty of Seller.13. I.R.S. FORM "W-9". It is further understood and agreed by Seller that closing of this transaction is subj ectto and contingent upon Seller executing an Internal Revenue Service Form "W-9" and/or 1099-S form anddepositing same with Buyer.14. EMINENT DOMAIN ACTION. Seller hereby acknowledges that Buyer may file, or has filed, an eminentdomain action regarding the Property, naming the owner of the real property, and others as necessarydefendants, and may apply for an Order of Prejudgment Possession. Buyer and Seller acknowledge theproperty is being acquired by Buyer as part of the exercise of its Eminent Domain activities. Upon the closeof transaction, Seller hereby consents to the dismissal of any action filed by Buyer for the condemnation ofsaid property and other interests and waives any claim for costs or attorneys' fees or any compensationwhatsoever 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 accming uponthe compliance or failure of performance by the other party hereto under the provisions of this Agreementshall impair any such right or power or be construed to be a waiver thereof. A waiver by either party heretoof a breach of any of the covenants, conditions or agreements hereof to performed by the other party shallnot be construed as a waiver of any succeeding breach of the same or other covenants, agreements,restrictions or conditions hereof16. MERGER OF PRIOR AGREEMENTS AND UNDERSTANDINGS. This Agreement and otherdocuments incorporated herein by reference contain the entire understanding between the Parties relatingto 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 Agreementmay only be amended by a written instrument, signed by both parties.17. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid byBuyer to Seller as set forth in Paragraph 2 of this Agreement constitutes, except as otherwise specificallyprovided herein, the full and complete settlement of any and all claims against Buyer, by reason of Buyer'sacquisition of the Property, and Buyer's construction and use of the Project as proposed. Except as otherwiseprovided herein, Seller waives any claim which it has or may have for any payment or compensation forany damage to persons or property arising out of Buyer's acquisition of the Property, all investigations andpre-condemnation activity undertaken pursuant thereto, and the constmction and use of the Project in themanner proposed. This waiver includes, but is not limited to claims for just compensation for the propertyinterest 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 CivilProcedure 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 theacquisition 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 underCivil Code section 1542, which provides as follows:"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR ORRELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THETIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVEMATEmALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASEDPARTY."This waiver is intended to be a full and final release of any and all such claims to which it pertains, andSeller warrants to the Buyer that it has had the opportunity to consult with legal counsel regarding theprovisions of California Civil Code Section 1542, and the consequences and implications of waivingoperation of this statute, and knowingly and voluntarily waives it.Seller's InitialsT\~: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 counterpartstogether shall constitute one and the same instrument.19. AUTHORITY. This instmment 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 thesignature appears below warrant, each to the other, that the person whose signature appears below has thelegal authority to bind the party on whose behalf the signature appears to the te 1ms of this Agreement, andthat 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 orotherwise unenforceable, the Patties intend that all other provisions shall remain in full force and effect.21. ATTORNEYS' FEES. In the event of any controversy, claim or dispute relating to this instrument or anybreach thereof, the prevailing patty shall be entitled to recover its attomey(s) fees, costs, and expenses,whether or not the matter is prosecuted to final judgment. Attomey(s) fees shall include all costs, expertwitness fees, and all other reasonable expenses.22. EARLY POSSESSION AND USE OF EASEMENT AREAS: In the event that this transaction is not in acondition 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 Exhibits 1 and 2attached hereto for the purpose of constructing or improving the public streets and adjoining areas andaccomplishing all necessary incidents thereto.It is understood that this permission is not a waiver in any way of the right of compensation for such landor of any remedy authorized by law to secure payment therefor. As is demonstrated in this Agreement, it isthe intent of the Buyer to pay just compensation to the Seller for permission to enter the subject propertyand to construct the project.This permission is granted in consideration of the location, improvement and construction of such streetimprovements and incidents thereto, which it is understood is required by the Buyer, with the understandingthat you will hereafter without unnecessary delay, complete the terms of this Agreement. In the event thatSeller 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 tosupport 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 isto be acquired by eminent domain notice and a reasonable opportunity to appear before the CaliforniaTransportation Commission and be heard on the matters referred to in Section 1240.030 of the Code ofCivil Procedure, which provides:The power of eminent domain may be exercised to acquire property for a proposed project only if allof 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 greatestpublic 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 orothers of record. (If an offer has not been made, an appraisal will be prepared as soon aspracticable 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 thefollowing: (1) Seller specifically waives the notice required by Code of Civil Procedure Section 1245.235of the hearing of the matter referred to in Code of Civil Procedure Section 1240.030 and the adoption ofthe resolution of necessity by the Buyer authorizing the taking of the property described in Exhibits 1 and2; (2) Seller shall not object to the filing of an eminent domain proceeding to acquire the property describedin Exhibits 1 and 2; and (3) in any eminent domain action filed by City to acquire the property described inExhibits 1 and 2, Seller shall not challenge City's right to take such property, and the only issue shall be theamount of just compensation for the property.It is understood that the City will pay interest from the date possession is taken on the just compensationpaid by the Buyer. The rate of interest will be the rate of earnings of the Surplus Money Investment Fundand computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest willbe computed to and including the date of deposit of compensation.REMAINDER OF PA GE INTENTIONALL YLEFT BLANKSIGNATURE PAGE FOLLOWS f»1 »fExhibit "FForm of Permanent Easement Deed(see attached) Exhibit "1"RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO:City ClerkCity of Indian Wells44-950 Eldorado DriveIndian Wells, CA 92210EXHIBIT ONLY(Space above this line for Recorder's Use)APN: Portion of 633-350-015FREE RECORDING:TfflS IS TO CERTD?Y THAT TfflS DOCUMENT IS PRESENTED FORRECORDATION BY THE CITY OF CITY OF INDIAN WELLS UNDERGOVERNMENT CODE SECTION 27383 AND IS ALSO EXEMPT FROMPAYMENT OF DOCUMENTARY TRANSFER TAX. (Govt. Code 6103and Rev. & Tax Code 11922)PERMANENT EASEMENT DEEDFOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHWESTCOMMUNITY CHURCH OF PALM DESERT, a California Non-Profit Corporation does hereby GRANT tothe CITY OF INDIAN WELLS, a municipal corporation, an easement for Sidewalk and to construct, replace,inspect, maintain, repair, operate or remove roadway, and all incidental purposes thereto, over, upon and across thea portion of the real property in the City Indian Wells, County of Riverside, State of California, described as follows:SEE EXHIBITS "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.SOUTHWEST COMMUNITY CHURCH OF PALM DESERT, a California Non-Profit CorporationBy:ONLName:Its:Date:By:.Name:Its:Date: EXHIBIT "A"LEGAL DESCRIPTIONDEDICATION OF EASEMENT (APN 633-350-015)SHEET 1 OF 1THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SANBERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE, STATE OFCALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 101, PAGE 8 OF RECORDS OF SURVEYS, OFFICIAL RECORDSOF SAID COUNTY, AND AS DESCRIBED IN NOTICE OF LOT LINE ADJUSTMENT NO. 3939, RECORDED NOVEMBER 6,1997 AS INSTRUMENT NO. 97-406588, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBEDAS FOLLOWS:BEGINNING AT THE SOUTHWESTERLY CORNER OF INSTRUMENT NO. 2008-0500736, RECORDED SEPTEMBER 11,2008, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 62.00 FEET SOUTHERLY, MEASURED AT RIGHTANGLES, FROM THE CENTERLINE OF FRED WARING DRIVE;THENCE ALONG THE SOUTHERLY LINE OF SAID INSTRUMENT NO. 2008-0500736, ALSO BEING THE SOUTHERLYRIGHT-OF-WAY OF FRED WARING DRIVE, NORTH 89-56'44" EAST, 346.82 FEET TO THE SOUTHWESTERLY LINE OFINSTRUMENT NO. 486022, RECORDED NOVEMBER 9, 1998, OFFICIAL RECORDS OF SAID COUNTY,REFERENCEDWITH A BEARING OF NORTH 44°17'21" WEST;THENCE ALONG SAID SOUTHWESTERLY LINE, ALSO BEING THE WESTERLY RIGHT-OF-WAY OF WASHINGTONSTREET, SOUTH 44°19'38" EAST, 8.61 FEET;THENCE NORTH 75°03'30" WEST, 12.23 FEET TO A LINE THAT IS PARALLEL WITH AND 3.00 FEET SOUTHERLY,MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-OF-WAY OF FRED WARING DRIVE;THENCE ALONG SAID PARALLEL LINE SOUTH 89°56'44" WEST, 341.02 FEET TO THE SOUTHERLY PROLONGATIONOF THE WESTERLY LINE OF SAID INSTRUMENT NO. 2008-0500736;THENCE ALONG SAID PROLONGATION, NORTH 00°03'16" WEST, 3.00 FEETTO THE TRUE POINT OF BEGINNING.THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 1,059 SQUARE FEET (0.024 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 CONFORMANCEWITH THE PROFESSIONAL LAND SURVEYOR'S ACT.KEITH M. KLAGGE, P.L.S. 95^4 (^A)THIS DOCUMENT IS PRELIIVfhMAJ^l/NLESS SIGNED04/27/2020DATEKDM MERIDIAN, INC. - 22541 ASPAN ST., STE. C - LAKE FOREST, CA. 92630 - PH. (949)768-0731 0' 20' 40'SCALE: 1"=40'EXHIBIT "B"PLAT TO ACCOMPANY LEGAL DESCRIPTIONDEDICATION OF EASEMENT (APN 633-350-015)SHEET 1 OF 1WASHINGTONSTREETNORTHERLY LINEOF INST. NO.486022, RECORDED11/09/98S44'19'38"E-8.61'4J^Q0za:I62'cl»JQUJ?u.n-N75'03'30"W12.23'WESTERLY LINE OF WASHINGTONSTREET PER INST. NO. 486022,RECORDED 11/09/98\<b\v.0.\V" r^5?-<0tXNp"' ^<^--^•'"^yN'o-^^^x^<b-/LEGENDr~^iP.O.B.R.S.B.INST.NO.(R)APN(fcBOUNDARY OF DESCRIPTIONAREA OF DESCRIPTION -1 ,059 S.F. (0.024 ACRES)!POINT OF BEGINNINGRECORD OF SURVEY BOOKINSTRUMENTNUMBERRADIALASSESSOR'S PARCEL NUMBERCENTERLINEKEITH M. KLAGGE, P.L.S. 9534 (ifK)THIS DOCUMENT IS PRELIMINA^KDM MERIDIAN, INC. - 22541 ASPAN ST., STE. C - LAKE FOREST, CA. 92630 - PH. (949)768-0731 INDEMNIFICATIONGrantee shall indemnify, defend and hold harmless Grantor, its officers, directors, shareholders,employees, agents, successors and assigns (collectively, the "Indemnified Parties") from allliabilities, penalties, cost, damages, expenses, causes of action, claims or judgments (including,without limitation, reasonable attorneys' fees) (collectively, the Claims") resulting from injury orthe death of any person (including without limitation, any Indemnified Party), which injury, deathor physical damage arises out or is related to Grantee's (or Grantee's officers, employees, agents,contractors, licensees, or invitees) use or occupancy of the Easement Area or Grantee's exercise ofits rights, privileges and obligations under this Easement, except to the extent that, as to any of theIndemnified Parties, such Claims arise from such Indemnified Party's negligence or willfulmisconduct.Certificate of AcceptanceThis is to certify that the interest in real property conveyed by the Easement Deed dated, 2020 from Southwest Community Church Of Palm Desert, a California Non-Profit Corporation to the City of Indian Wells, a political corporation is hereby accepted by TheCity Manager pursuant to authority conferred by Resolution No. 70-10 of the City Council of theCity of Indian Wells adopted May 7, 1970 and the grantee consents to recordation thereof by itsduly authorized officerCity of Indian WellsBy:.Christopher Freeland, City ManagerCity of Indian WellsDate: Exhibit "2"FormQfTempQrar/CQnstmcM^(see attached) Exhibit "2"RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO:City ClerkCity of Indian Wells44-950 Eldorado DriveIndian Wells, CA 92210EXHIBIT ONLYAPN: Portion of 633-350-015(Space above this line for Recorder's Use)FREE RECORDING:THIS IS TO CERTIFY THAT THIS DOCUMENT IS PRESENTED FOR RECORDATION BYTHE CITY OF DWIAN WELLS UNDER GOVERNMENT CODE SECTION 27383 AND ISALSO EXEMPT FROM PAYMENT OF DOCUMENTARY TRANSFER TAX. (Govt. Code 6103and Rev. & Tax Code 11922)EASEMENT DEED(Temporary Construction Easement)FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SOUTHWESTCOMMUNITY CHURCH OF PALM DESERT, a California Non-Profit Corporation does hereby GRANT tothe CITY OF INDIAN WELLS, a municipal corporation, a Temporary Construction Easement, over the realproperty in the City of Indian Wells, County of Riverside, State of California, described in Exhibit A attached heretoand made a part hereof, and depicted in Exhibit B attached Hereof.This Temporary Construction Easement shall be effective for a period of twelve (12) months beginning on the datefollowing written notice from City to Grantor's of the activation of the Temporary Construction Easement. TheTemporary Constmction Easement shall expire on the earlier of (i) the termination date or (ii) the date on whichCity records a notice of termination of the Temporary Construction Easement or Project Completion Notice in theOfficial Records of the County of Riverside.SEE EXHIBITS "A" and "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PARTHEREOF.SOUTHWEST COMMUNITY CHURCH OF PALM DESERT, a California Non-Profit CorporationBy:_ .Name:Its:Date: EXHIBIT "A"SHEET 1 OF 1LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENT (APN 633-350-015)THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SANBERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS, COUNTi/ OF RIVERSIDE, STATE OFCALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 101, PAGE 8 OF RECORDS OF SURVEYS, OFFICIAL RECORDSOF SAID COUNTY, AND AS DESCRIBED IN NOTICE OF LOT LINE ADJUSTMENT NO. 3939, RECORDED NOVEMBER 6,1997 AS INSTRUMENT NO. 97-406588, OFFICIAL RECORDS OF SAID COUNTf, MORE PARTICULARLY DESCRIBEDAS FOLLOWS:COMMENCING AT THE SOUTHWESTERLY CORNER OF INSTRUMENT NO. 2008-0500736, RECORDED SEPTEMBER11,2008, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING 62.00 FEET SOUTHERLY, MEASURED AT RIGHTANGLES, FROM THE CENTERLINE OF FRED WARING DRIVE, SAID POINT ALSO BEING ON THE SOUTHERLYRIGHT-OF-WAY;THENCE ALONG THE PROLONGATION OF THE WESTERLY LINE OF SAID INSTRUMENT NO. 2008-0500736, SOUTH00°03'16" EAST, 3.00 FEET TO A LINE THAT IS PARALLEL WITH AND 3.00 FEET SOUTHERLY, MEASURED AT RIGHTANGLES, FROM SAID SOUTHERLY RIGHT-OF-WAY, SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE ALONG SAID PARALLEL LINE, NORTH 89056'44" EAST, 330.49 FEET;THENCE SOUTH 00°03'16" EAST, 19.00 FEET TO A LINE THAT IS PARALLEL WITH AND 22.00 FEET SOUTHERLY,MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-OF-WAY;THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, SOUTH 89<>56'44" WEST, 19.62 FEET;THENCE NORTH 61 °21'54" WEST, 17.37' FEET TO A LINE THAT IS PARALLEL WITH AND 13.66 FEET SOUTHERLY,MEASURED AT RIGHT ANGLES, FROM SAID SOUTHERLY RIGHT-OF-WAY;THENCE ALONG SAID LAST MENTIONED PARALLEL LINE, SOUTH 89°56'44" WEST, 219.00 FEET;THENCE NORTH 84"02'34" WEST, 77.05 FEET TO THE PROLONGATION OF THE WESTERLY LINE OF SAIDINSTRUMENT NO. 2008-0500736;THENCE ALONG SAID PROLONGATION, NORTH 00°03'16" WEST, 2.59 FEET TO THE TRUE POINT OF BEGINNING.THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 3,441 SQUARE FEET (0.079 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 CONFORMANCEWITH THE PROFESSIONAL LAND SURVEYOR'S ACT.\(^}\CQKEITH M. KLAGGE, P.L.S. 95?4 (THIS DOCUMENT IS PRELIIVrt03/30/2020DATELESS SIGNEDKDM MERIDIAN, INC. - 22541 ASPAN ST, STE. C - LAKE FOREST, CA. 92630 - PH. (949)768-0731 0' 20' 40'SCALE: 1 "=40'EXHIBIT "B"SHEET 1 OF 1PLAT TO ACCOMPANY LEGAL DESCRIPTIONTEMPORARY CONSTRUCTION EASEMENT (APN 633-350-015)WASHINGTON-f-STREETNORTHERLY LINEOF INST. NO.486022, RECORDED11/09/98LU^aQz^IQB^u.-22'WESTERLY LINE OF WASHINGTONSTREET PER INST. NO. 486022,RECORDED 11/09/98LINE TABLE1:L1L2L3BEARINGSOO-03'16"ES89-56'44"WN6r21'54"WDISTANCE19.00'19.62'17.37'^1%\0'^>^^0. ^0-~\^^'^^^^/y-NOO'03'16"W 2.59'-T.P.O.B.SOO'03'16"E 3.00'LEGENDP.O.C,T.P.O.B.R.S.B.INST.NO.(R)APN^BOUNDARY OF DESCRIPTIONAREA OF DESCRIPTION - 3,441 S.F. (0.079 ACRES)!POINTS OF COMMENCEMENTTRUE POINT OF BEGINNINGRECORD OF SURVEY BOOKINSTRUMENTNUMBERRADIALASSESSOR'S PARCEL NUMBERCENTERLINEKEITH M. KLAGGE, P.L.S. 9534 ($!A)THIS DOCUMENT IS PRELIMINAKDM MERIDIAN, INC. - 22541 ASPAN ST, STE. C - LAKE FOREST, CA. 92630 - PH. (949)768-0731 INDEMNIFICATIONGrantee shall indemnify, defend and hold harmless Grantor, its officers, directors,shareholders, employees, agents, successors and assigns (collectively, the Indemnified Parties )from all liabilities, penalties, cost, damages, expenses, causes of action, claims or judgments(including, without limitation, reasonable attorneys' fees) (collectively, the "Claims") resultingfrom injury or the death of any person (including without limitation, any Indemnified Party), whichinjury, death or physical damage arises out or is related to Grantee's (or Grantee's officers,employees, agents, contractors, licensees, or invitees) use or occupancy of the Easement Area orGrantee's exercise of its rights, privileges and obligations under this Easement, except to the extentthat, as to any of the Indemnified Parties, such Claims arise from such Indemnified Party'snegligence or willful misconduct.Certificate of AcceptanceThis is to certify that the interest in real property conveyed by the Easement Deed dated, 2020 from Southwest Community Church Of Palm Desert, a California Non-Profit Corporation to the City of Indian Wells, a political corporation is hereby accepted by TheCity Manager pursuant to authority conferred by Resolution No. 70-10 the City Council of theCity of Indian Wells adopted May 7, 1970 and the grantee consents to recordation thereof by itsduly authorized officerCity of Indian WellsBy:.Christopher FreelandCity ManagerCity of Indian WellsDate: »»/n»Exhibit "3(Preliminary Title Report(see attached) Commonwealth',„ LAND TITLE COMPANYOverland, Pacific & Cutler, Inc.2280 Market St #200Riverside, CA 92501Attn: Nancy BophaYour Reference No: PTR-001 ERS-002Commonwealth Land Title Company4100 Newport Place Dr., Suite 120Newport Beach, CA 92660Phone: (949)724-3140Our File No: 92010800Title Officer: Chris Maziare-mail: unitl0@cltic.comPhone:(949)724-3170Fax: (949) 258-5740Property Address: 77701 FRED WARING DR, Indian Wells, CaliforniaPRELIMINARY REPORTDated as of September 11, 2019 at 7:30 a.m.In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company herebyreports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describingthe land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of anydefect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to theprinted Schedules, Conditions and Stipulations or Conditions of said policy forms.The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are setforth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is lessthan that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or theInsured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTAHomeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability forcertain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available fromthe office which issued this report.The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title InsuranceCompany.Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One ofthis report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are notcovered under the terms of the title insurance policy and should be carefully considered. It is important to note that thispreliminary report is not a written representation as to the condition of title and may not list all liens, defects, andencumbrances affecting title to the land.This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of apolicy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of apolicy of title insurance, a Binder or Commitment should be requested. Order No: 92010800-920-CMM-CM8SCHEDULE AThe form of policy of title insurance contemplated by this report is:CLTA Standard Coverage Policy of Title Insurance (4-8-14)The estate or interest in the land hereinafter described or referred to covered by this report is:A FEETitle to said estate or interest at the date hereof is vested in:Southwest Community Church of Palm Desert, a California non-profit corporationThe land referred to herein is situated in the County of RIVERSIDE, State of California, and is described as follows:SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Order No: 92010800-920-CMM-CM8EXHIBIT "A"ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF INDIAN WELLS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:PROPERTY "A" OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 3939, RECORDED NOVEMBER 6, 1997 ASINSTRUMENT NO. 1997-406588, OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS.THAT PORTION OF GOVERNMENT LOT 1, W THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 5SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF INDIAN WELLS,COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY UNITED STATES GOVERNMENT SURVEYAPPROVED JULY 15, 1856, LYING WESTERLY OF THE WEST LINE OF THAT CERTAIN 80.00 FEET STRIP OFLAND CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED MARCH 16, 1946, IN BOOK 899,PAGE 200, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, AND LYWG NORTH OF THEFOLLOWING DESCRIBED LINE.BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH FIFTY-FIVE (55) ACRES OF THE NORTHEASTQUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN BY MAP ON FILE IN BOOK 101, PAGE 8, OF RECORDS OF SURVEY, RECORDS OF RIVERSIDECOUNTY, CALIFORNIA;THENCE NORTH 89° 59' 01" EAST, 188.80 FEET ON THE PROLONGATION OF THE SOUTH LINE OF SAID FIFTY-FIVE ACRES TO A POINT IN THE WESTERLY LINE OF WASHINGTON STREET, 80.00 FEET W WD3TH.TOGETHER WITH THE NORTH FffTY-FIVE (55) ACRES OF THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY MAP ONFILE IN BOOK 101, PAGE 8 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.EXCEPTING THEREFROM THE NORTHERLY 33.00 FEET AS CONVEYED TO THE COUNTY OF RIVERSIDE BYDEED RECORDED FEBRUARY 21, 1968 AS INSTRUMENT NO. 1968-16303, OF OFFICIAL RECORDS, OFRIVERSIDE COUNTY, CALIFORNIA.ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN WASHINGTON STREET, AS CONVEYED TOTHE COUNTY OF RIVERSIDE BY DEED RECORDED JULY 23, 1969 AS INSTRUMENT NO. 1969-75250, OFOFFICIAL RECORDS, OF RIVERSIDE COUNTY, CALIFORNIA.ALSO EXCEPTING THEREFROM THE NORTHERLY 756.52 FEET TO THE WESTERLY 713 FEET, AS CONVEYEDTO DESERT SANDS UNIFIED SCHOOL DISTRICT BY DEED RECORDED JULY 3, 1990 AS INSTRUMENT NO.1990-246213, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.ALSO EXCEPTING THEREFROM TO THE STATE OF CALIFORNIA, 1/16TH OF ALL COAL, OIL GAS ANDOTHER MINERAL DEPOSITS AS PROVmED BY AN ACT OF THE LEGISLATURE, APPROVED MAY 25, 1921(CHAPTER 303, STATUES OF CALIFORNIA, 1921) AS RESERVED IN RIVERSIDE COUNTY, CALIFORNIA, ASRESERVED IN THE PATENT RECORDED MAY 12, 1928 IN BOOK 9, PAGE 310 OF PATENTS, RECORDS OFRIVERSIDE COUNTY, CALIFORNIA.Assessor's Parcel Number: 633-350-014-1 and 633-350-015-2 Order No: 92010800-920-CMM-CM8SCHEDULE B - Section AThe following exceptions will appear in policies when providing standard coverage as outlined below:1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxesor assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxesor assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the PublicRecords.2. Any facts, rights, interests or claims that are not shown by the Public Records but that could be ascertained by aninspection of the Land or that may be asserted by persons in possession of the Land.3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would bedisclosed 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 thePublic Records.6. Any lien or right to a lien for services, labor or material not shown by the Public Records. Order No: 92010800-920-CMM-CM8SCHEDULE B - Section BAt the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would beas follows:A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be leviedfor the fiscal year 2019-2020.B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions ofChapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue andTaxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as aresult of changes in ownership or new construction occurring prior to Date of Policy.1. Water rights, claims or title to water, whether or not disclosed by the public records.2. Reservations, exceptions and provisions contained in the patent from the California, and in the acts authorizing theissuance thereof.Recording Date: May 12, 1928Recording No: In Book 9, Page 310, of Patents3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: The County of RiversidePurpose: Public road, public utility and public services and incidental purposesRecording Date: April 19, 1965Recording No: 45345, of Official RecordsAffects: A portion of said land4. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: The County of RiversidePurpose: Public road, public utility and public services and incidental purposesRecording Date: April 19, 1965Recording No: 45346, of Official RecordsAffects: A portion of said land5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: California Water and Telephone Company, a corporationPurpose: Pole lines and conduits or underground facilities and incidental purposesRecording Date: May 9, 1966Recording No: 48445, of Official RecordsAffects: A portion of said land6. Matters contained in that certain documentEntitled: Commercial Domestic Water and/or Sanitation Installation AgreementDated: June 4,1998Executed by: Coachella Valley Water District, a public agency of the state of California and SouthwestCommunity ChurchRecording Date: September 17, 1998Recording No: 98-396451, of Official RecordsReference is hereby made to said document for full particulars. Order No: 92010800-920-CMM-CM87. Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document;Reserved by: Summarily Vacating Bay Club Drive and A portion ofRacquet Club DrivePurpose: Public utilities and public service facilities; vacated by club driveRecording Date: October 29, 1 998Recording No: 98-466035, of Official RecordsAffects: A portion of said land8. 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, and itssuccessors and assignsPurpose: Pipelines and incidental purposesRecording Date: November 6, 1998RecordingNo: 98-485292, ofpfficialRecordsAffects: Said land9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: The County of RiversidePurpose: Public road, drainage, public utility and public services and incidental purposesRecording Date: November 9, 1998Recording No: 98-486020, of Official RecordsAffects: Said land10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: The County of RiversidePurpose: Public road, drainage, public utility and public services and incidental purposesRecording Date: November 9, 1998Recording No: 98-486021, of Official RecordsAffects: Said land11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: The County of RiversidePurpose: Public road, drainage, public utility and public services and incidental purposesRecording Date: November 9,1998Recording No: 98-486022, of Official RecordsAffects: Said land12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: Southern California Edison CompanyPurpose: Underground electric supply systems and communication systems necessary or useful fordistributing electric energy and for transmitting intelligence by electric means andincidental purposesRecording Date: October 7, 1999Recording No: 99-446103, of Official RecordsAffects: Said land Order No: 92010800-920-CMM-CM813. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: Southern California Edison CompanyPurpose: Underground electric supply systems and communication systems necessary or useful fordistributing electric energy and for transmitting intelligence by electric means andincidental purposesRecording Date: July 21, 2000Recording No: 2000-281263, of Official RecordsAffects: Said land14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: City of Indian Wells, a municipal corporationPurpose: A temporary construction easementRecording Date: September 11, 2008Recording No: 2008-500735. of Official RecordsAffects: A portion of said land15. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: City of Indian Wells, a municipal corporationPurpose: StreetRecording Date: September 11, 2008Recordinfi No: 2008-500736, of Official RecordsAffects: A portion of said land16. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:Granted to: City of Indian Wells, a municipal corporationPurpose: Traffic, signal, maintenance purposesRecording Date: September 11, 2008Recording No: 2008-500737, of Official RecordsAffects: A portion of said land17. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledgeof any outstanding obligation, please contact the Title Department immediately for further review prior to closing.18. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Landthat is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.19. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not saideasements are visible and apparent.20. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correctsurvey would disclose and which are not shown by the public records.21. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by thepublic records.The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, licenseand/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of titleinsurance without excepting this item from coverage.The Company reserves the right to except additional items and/or make additional requirements after reviewing saiddocuments.END OF SCHEDULE B EXCEPTIONS Order No: 92010800-920-CMM-CM8PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FORINFORMATION NECESSARY TO COMPLETE THIS TRANSACTION Order No: 92010800-920-CMM-CM8REQUIREMENTS SECTION:1. The Company will require the following documents for review prior to the issuance of any title insurance predicatedupon a conveyance or encumbrance by the corporation named below:Name of Corporation: Southwest Community Church of Palm Desert, a California non-profit corporationa) A Copy of the corporation By-laws and Articles of Incorporationb) An original or certified copy of a resolution authorizing the transaction contemplated hereinc) If the Articles and/or By-laws require approval by a 'parent' organization, a copy of the Articles and By-laws of the parentThe Company reserves the right to add additional items or make further requirements after review of the requesteddocumentation.2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner'sAffidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to becompleted by the record owner of the land and submitted for review prior to the closing of this transaction. Yourprompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.The Company reserves the right to add additional items or make further requirements after review of the requestedAffidavit/Declaration. Order No: 92010800-920-CMM-CM8INFORMATIONAL NOTES SECTION1. The information on the attached plat is provided for your convenience as a guide to the general location of thesubject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee towhich it may be attached.2. For wiring Instructions please contact your Title Officer or Title Company Escrow officer.3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation,distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involvingLand that is associated with these activities.4. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary TransferTax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paidor when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document,the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.5. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demandarbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Companyand the insured arising out of or relating to this policy, any service of the Company in connection with its issuanceor the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy ofthe policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to yourTitle Insurance coverage.6. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transactionthat includes the conveyance of title by an agency of the United States must be approved in advance by theCompany's State Counsel, Regional Counsel, or one of their designees.7. Note: None of the items shown in this report will cause the Company to decline to attach ALTA Endorsement Form9 to an Extended Coverage Loan Policy, when issued.8. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA EndorsementForm 116 indicating that there is located on said Land a Commercial , known as 77701 Fred Waring Drive, IndianWells, CA, to an Extended Coverage Loan Policy.9. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.10. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. Forproration purposes the amounts were:Tax Identification No.: 633-350-015-2Fiscal Year: 2018-20191st Installment: $2,236.152nd Installment: $2,236.15Exemption: NoneCode Area: 016-108 Order No: 92010800-920-CMM-CM811. Note: Property taxes, including any personal property taxes and any assessments collected with taxes, are paid. Forproration purposes the amounts were:Tax Identification No.:Fiscal Year:1st Installment:2nd Installment:Exemption:Code Area:Typist: vtODate Typed: September 20, 2019633-350-014-12018-2019$18.78$18.78None075-004 Order No: 92010800-920-CMM-CM8ATTACHMENT ONECALIFORNIA LAND TITLE ASSOCIATIONSTANDARD COVERAGE POLICY - 1990EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees orexpenses which arise by reason of:1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting,regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvementnow 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 theland is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, exceptto the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violationaffecting the land has been recorded in the public records at Date of Policy.(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien orencumbrance 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 fromcoverage 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 tothe Company by the insured claimant prior to the date the insured claimant became an insured under this policy;(c) resulting in no loss or damage to the insured claimant;(d) attaching or created subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estateor 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 anysubsequent 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 insuredmortgage and is based upon usury or any consumer credit protection or truth in lending law.6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interestof the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART IThis policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property orby 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 ofsuch 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 whichmay be asserted by persons in possession thereof.3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are notshown 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 towater, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.6. Any lien or right to a lien for services, labor or material not shown by the public records.CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)ALTA HOMEOWNER'S POLICY OF TITLE INSURANCEEXCLUSIONSIn addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:a. building;b. zoning;c. land use;d. improvements on the Land;e. land division; andf. 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 notlimit the coverage described in Covered Risk 14 or 15.3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.4. Risks:a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records;b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date;c. that result in no loss to You; ord. 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; andAttachment One (6-5-14) CA & NV Order No: 92010800-920-CMM-CM8b. in streets, alleys, or waterways that touch the Land.This Exclusion does not limit the coverage described in Covered Risk 11 or 21.7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency,or similar creditors' rights laws.8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.LIMITATIONS ON COVERED RISKSYour insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows:• For Covered Risk 16, 18, 19,and21 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:Our Maximum DollarYour Deductible Amount Limit of Liability1.00% % of Policy Amount Shown in Schedule A orCovered Risk 16: $2,500.00 (whichever is less) $ 10,000.001.00% % of Policy Amount Shown in Schedule A orCovered Risk 18: $5,000.00 (whichever is less) $25,000.001.00% of Policy Amount Shown in Schedule A orCovered Risk 19: $5,000.00 (whichever is less) $ 25,000.001.00% of Policy Amount Shown in Schedule A orCovered Risk 21: $2,500.00 (whichever is less) $ 5,000.002006 ALTA LOAN POLICY (06-17-06)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, orexpenses that arise by reason of:1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to(i) the occupancy,use, or enjoyment of the Land;(ii) the character, dimensions, or location of any improvement erected on the Land;(iii) the subdivision of land; or(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit thecoverage provided under Covered Risk 5.(b) Any governmental police power. This Exclusion l(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 writingto 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 or14); 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. Unenforeeability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated.5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the InsuredMortgage and is based upon usury or any consumer credit protection or truth-in-lending law.6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is(a) a fraudulent conveyance or fraudulent transfer, or(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy.7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and thedate of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Riskll(b).The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:EXCEPTIONS FROM COVERAGE(Except as provided in Schedule B - Part II,( t(or T)his policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees or expenses, that arise by reason of:(PART I(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property orby the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or notshown 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 beasserted by persons in possession of the Land.3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.Attachment One (6-5-14) CA & NV Order No: 92010800-920-CMM-CM84. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and completeland 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 towater, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.6. Any lien or right to a lien for services, labor or material not shown by the Public Records.PART IIIn addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss ordamage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:)2006 ALTA OWNER'S POLICY (06-17-06)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, orexpenses that arise by reason of:1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to(i) the occupancy,use, or enjoyment of the Land;(ii) the character, dimensions, or location of any improvement erected on the Land;(iii) the subdivision of land; or(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit thecoverage 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 writingto 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(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title asshown in Schedule A, is(a) a fraudulent conveyance or fraudulent transfer; or(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and thedate 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 COVERAGEThis policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of:(The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property orby the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or notshown by the records of such agency or by the Public Records.2. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may beasserted by persons in possession of the Land.3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and completeland 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 towater, whether or not the matters excepted under (a), (b), or (c) are shewn by the Public Records.6. Any lien or right to a lien for services, labor or material not shown by the Public Records.7. (Variable exceptions such as taxes, easements, CC&R's, etc. shown here.)ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)EXCLUSIONS FROM COVERAGEThe following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees orexpenses which arise by reason of:1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, orrelating to(i) the occupancy,use, or enjoyment of the Land;(ii) the character, dimensions, or location of any improvement erected on the Land;(iii) the subdivision of land; or(iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit thecoverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.(b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14or 16.Attachment One (6-5-14) CA & NV Order No: 92010800-920-CMM-CM82. 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 writingto the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;(c) resulting in no loss or damage to the Insured Claimant;(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17,18,19,20,21,22,23,24,27 or 28); or(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws ofthe state where the Land is situated.5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the InsuredMortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverageprovided in Covered Risk 26.6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insuredhas Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does notmodify or limit the coverage provided in Covered Risk 11.7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy.This Exclusion does not modify or limit the coverage provided in Covered Risk 1 l(b) or 25.8. The failure of the residential structure, or any portion of it, to have been constmcted before, on or after Date of Policy in accordance with applicablebuilding codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien ofthe Insured Mortgage, is(a) a fraudulent conveyance or fraudulent transfer, or(b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.Attachment One (6-5-14) CA & NV Order No: 92010800-920-CMM-CM8Notice of Available DiscountsPursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and itssubsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with thedelivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of thisnotice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transactionmay not quality for the below discounts.You are encouraged to discuss the applicability of one or more of the below discounts with a Companyrepresentative. These discounts are generally described below; consult the rate manual for a full description of theterms, conditions and requirements for such discount. These discounts only apply to transactions involving servicesrendered by the FNF Family of Companies. This notice only applies to transactions involving property improvedwith a one-to-four family residential dwelling.FNF Underwritten Title Company PNF UnderwriterLTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co.Available DiscountsDISASTER LOANS (CLTIC)The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an ownerof record, within 24 months of the date of a declaration of a disaster area by the government of the United States orthe State of California on any land located in said area, which was partially or totally destroyed in the disaster, willbe 50% of the appropriate title insurance rate.EMPLOYEE RATE (LTC and CLTIC)No charge shall be made to employees (including employees on approved retirement) of the Company or itsunderwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing,refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized onlyin connection with those costs which the employee would be obligated to pay, by established custom, as a party tothe transaction.Notice of Available Discounts Mod. 10/21/201116 IRE SAFE,Inquire before you wire!Wire Fraud AlertThis Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because theysimply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction withthis real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phonenumber prior to sending funds.In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.• NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instmctions inthe course of a transaction.• ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party whosent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phonenumbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transactionas soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or theemail may be intercepted by the fraudster.• USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make yourpasswords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password forother online accounts.• USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specificinstructions on how to implement this feature.For more information on wire-fraud scams or to report an incident, please refer to the following links:Federal Bureau of Investigation: Internet Crime Complaint Center:http://www.flii.sov http://www.ic3.sovWire Fraud Alert Page 1Original Effective Date: 5/11/2017Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17)TM and © Fidelity National Financial, Inc. and/or an affiliate. A II rights reserved FIDELITY NATIONAL FINANCIAL, INC.PRIVACY NOTICEFidelity National Financial, Inc. and its majority-owned subsidiaiy companies (collectively, "FNF," "our," or "we") respect and are committed toprotecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose suchinformation, and the choices you have about the use and disclosure of that information.Types of Information CollectedWe may collect two types of information from you: Personal Information and Browsing Information.Personal Information. FNF may collect the following categories of Personal Information:• contact information (e.g., name, address, phone number, email address);• demographic information (e.g., date of birth, gender, marital status);• identity information (e.g., Social Security Number, driver's license, passport, or other government ID number);• financial account information (e.g., loan or bank account information); and• other personal information necessary to provide products or services to you.Browsing Information. FNF may automatically collect the following types of Browsing Information when you access an FNF website, online service,or application (each an "FNF Website") from your Internet browser, computer, and/or mobile device:• Internet Protocol (IP) address and operating system;* browser version, language, and type;* domain name system requests; and* browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNFWebsiteHow Personal Information is CollectedWe may collect Personal Information about you from:* information we receive from you on applications or other forms;• information about your transactions with FNF, our affiliates, or others; and• information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or throughothers.How Browsing Information is CollectedIf you visit or use an FNF Website, Browsing Information may be collected during your visit. Like most websites, our servers automatically log eachvisitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration,troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you,though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certainbrowsing activity to your user account.Other Online SpecificsCookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internetbrowser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. Forexample, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You canchoose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality ofthe FNF Website.Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve ourwebsites.Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser.Links to Other Sites. FNF Websites may contain links to other websites. FNF is not responsible for the privacy practices or the content of any ofthose other websites. We advise you to read the privacy policy of every website you visit.Use of Personal InformationFNF uses Personal Information for three main puqroses:• To provide products and services to you or in connection with a transaction involving you.* To improve our products and services.• To communicate with you about our, our affiliates', and third parties' products and services, jointly or independently.When Information Is DisclosedWe may make disclosures of your Personal Information and Browsing Information in the following circumstances:• to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;• to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only toprovide such services or functions;FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights ReservedMISC0219(DSI Rev. 4/23/18) Page 1 Order No. 92010800-920-CMM-CM8 • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly marketfinancial products or services to you;* to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or• in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property,or safety ofFNF, its customers, or the public.The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may discloseyour information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share yourPersonal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law.We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or otherdisposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignmentfor the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the useand/or transfer of the foregoing information in connection with any of the above described proceedings.Please see "Choices With Your Information" to learn the disclosures you can restrict.Security of Your InformationWe maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal informationabout you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in thisPrivacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws.Choices With Your InformationIf you do not want FNF to share your information with our affiliates to directly market to you, you may send an "opt out" request by email, phone, orphysical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct marketto you.Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information orBrowsing Information, FNF may not be able to provide certain services or products to you.For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permittedby California law.For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information setforth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of ConsumerProtection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132;email: BCPINFO@ag.state.nv.us.For Oregon Residents: We will not share your Personal Information and Browsing Information with nonafFiliated third parties for marketingpurposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made formarketing purposes.For Vermont Residents: We will not share information about your creditworthiness to our affiliates and will not disclose your personal information,financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law,unless you authorize us to make those disclosures.Information From ChildrenThe FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect PersonalInformation from any person that we blow to be under the age of thirteen (13) without permission from a parent or guardian.International UsersFNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information orBrowsing Information to us, please note that we may transfer that information outside of your countiy of residence for any of the purposes describedin this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, anduse of such information in accordance with this Privacy Notice.FNF Website Services for Mortgage LoansCertain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf ofmortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan serviceror lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessingand Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, andaccess to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except (1) as required orauthorized by contract with the mortgage loan servicer or lender, or (2) as required by law or in the good-faith belief that such disclosure is necessaryto comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety ofFNF or the public.FNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights ReservedMISC0219(DSIRev.4/23/18) Page 2 Order No. 92010800-920-CMM-CM8 Your Consent To This Privacy Notice; Notice ChangesBy submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordancewith this Privacy Notice. We may change this Privacy Notice at any time. The revised Privacy Notice, showing the new revision date, will be postedon the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to uswill signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and informationcollected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose withoutnotice or compensation to you.Accessing and Correcting Information; Contact UsIf you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing,send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to:Fidelity National Financial, Inc.601 Riverside AvenueJacksonville. Florida 32204Attn: Chief Privacy OfficerFNF Privacy Statement (Eff. 5/1/2015) Last Updated May 1, 2018 Copyright © 2018. Fidelity National Financial, Inc. All Rights ReservedMISC0219 (DSI Rev. 4/23/18) Page 3 Order No. 92010800-920-CMM-CM8 POR.NE24T5SR6E CITf OF INDIAN WELLS' m<siww3mE»?EBFB!usi$suB(Tp3iirosBCtai. muaarrrIS ASSIStED ?Sl TifE ^CtaAj&y CF T? ^TASMCIW. AS^SKSCS FUIC&BniwtKiuo-ftTruitiai.LowuTiaaaiBiissiTsaaiKmcEs. TRA MM08MM09 iHlS-ftO JSSESSOa'SIWPBKOSPGJS KiesHtCamtyiCalil.!P)a|1BHHO|-il5|P(RCB.«UP N023833 •_Sl OWNER'S DECLARATIONThe undersigned hereby declares as follows:1. (Fill in the applicable paragraph and strike the other)a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located atfurther described as follows: See Preliminary Report/Commitment No. 92010800-920-CMM-CM8 for full legaldescription (the "Land").b. Declarant is the _ _ _ _ of _ _ _____ ("Owner"),which is the owner or lessee, as the case may be, of certain premises located atfurther described as follows: See Preliminary Report/Commitment No. 92010800-920-CMM-CM8 for full legaldescription (the "Land").2. (Fill in the applicable paragraph and strike the other)a. During the period of six months immediately preceding the date of this declaration no work has been done, nosurveys or architectural or engineering plans have been prepared, and no materials have been furnished inconnection with the erection, equipment, repair, protection or removal of any building or other structure on the Landor in connection with the improvement of the Land in any manner whatsoever.b. During the period of six months immediately preceding the date of this declaration certain work has been done andmaterials furnished in connection with _ upon the Land in theapproximate total sum of $_, but no work whatever remains to be done and no materials remain to befurnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaidbills incurred for labor and materials used in making such improvements or repairs upon the Land, or for theservices of architects, surveyors or engineers, except as follows:Owner, by theundersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land TitleCompany against any and all claims arising therefrom.3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereofis not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.4. Except as shown in the above-referenced Preliminaiy Report/Commitment, there are no unpaid or unsatisfied mortgages,deeds of trust. Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against theLand or that affect the Land but have not been recorded in the public records.5. The Land is currently in use as _; _occupy/occupies the Land; and thefollowing are all of the leases or other occupancy rights affecting the Land:6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements,claims of easement, or boundary disputes that affect the Land.7. There are no outstanding options to purchase or rights of first refusal affecting the Land.8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has receivedno written notice from any third party claiming that there is a present violation of any current, enforceable covenant affectingthe Property.Owner's Declaration MISC0220 (DSI Rev. 6/23/16) This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title InsuranceCompany (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements.Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses,and costs) incurred by the Company as a result of any untrue statement made herein.I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _ atSignature: _ Signature:Owner's Declaration MISC0220 (DSI Rev. 6/23/16)